MISSOURI. 



043 



all tlie others bear the penalty of the offense 

 of these few. Nevertheless, a license bill re- 

 lating to druggists passed the House by the 

 decisive vote of 93 yeas to 13 nays; but it 

 failed to become a l.-iv. . 



But the most surprising measure acted upon 

 was the proposition to amend the State Con- 

 stitution by making the well-known u Maine 

 Law " a part of it. A concurrent resolution 

 was reported, which provided for the submis- 

 sion to the vote of the people in November, 

 1880, of the following amendment to the State 

 Constitution : 



That Article XIV. of the Constitution of the State 

 of Missouri bo and the same is hereby amended by 

 adding four new sections thereto, which shall rood as 

 follows : 



" SECTION 13. The manufacture and sale of intoxi- 

 cating liquors in this State, except for medicinal, me- 

 chanical, and sacramental purposes, is prohibited. 



"SECTION 14. Every person who shall manufacture 

 or expose for sale or sell any intoxicating liquors, ex- 

 cept for medicinal, mechanical, or sacramental pur- 

 poses, shall, upon conviction, be deemed guilty of a 

 misdemeanor, and shall be fined not less than fifty nor 

 more than five hundred dollars, and by imprisonment 

 for not less than one nor more than six months, for 

 each ottenso. 



"SECTION 15. The Legislature shall regulate such 

 manufacture and sale for medicinal, mechanical, and 

 sacramental purposes, and shall have power to make 

 such other provisions for the enforcement of this ar- 

 ticle as may be deemed necessary. 



" SECTION 16. The judges of all courts having crimi- 

 nal jurisdiction shall give sections 13, 14, and 15 of 

 this article in charge to the grand jury at each term of 

 court." 



This resolution passed the House by a large 

 majority. In the Senate it was reported fa- 

 vorably by the Committee on Constitutional 

 Amendments, but was finally lost by a vote of 

 12 nays to 10 yeas. 



The defaulting of counties, cities, and towns 

 in the payment of their bonds, or in the pay- 

 ment of interest, was undoubtedly greater in 

 Missouri than any other State. The litigation 

 that ensued was immense, and almost every form 

 of question came up in the State and Federal 

 courts. In this state of affairs the Legislature 

 was not inactive. A principal object before it 

 in its action was to prevent or avert the inter- 

 ference of the Federal courts in the financial 

 affairs of the municipalities. One of its earli- 

 est measures was the adoption of the following 

 protest, which passed the House by a vote of 

 yeas 94, nays 5 : 



It being our privilege, as the representatives of all 

 the people of this State, to declare their will, it be- 

 comes our duty to do so when, in our judgment, the 

 cause of good government may be thereby advanced ; 

 and whereas, as has been truly said, " the jurisdiction 

 now claimed and exercised by the circuit courts of the 

 United States over questions of corporate and indi- 

 vidual rights, arising under the laws of the States, 

 tends to oppress ana burden litigants to such an ex- 

 tent as to amount to a practical denial of justice in 

 many cases " : now. therefore, and to the end that re- 

 lief may be obtained, 

 Be it resolved by the House of Representative* of the 



Thirtieth General Assembly of the State of Missouri, 



the Senate concurring therein : 



That we do earnestly protest against the further ex- 



ercwe by the Federal courts of such jurisdiction and 

 powers, and demand 



1. The repeal of the existing laws of Congress con- 

 cerning the *' removal of cause.-* " from the State courts 

 to the circuit courts of the United States, known u 

 act* amendatory or supplemental to the " Judiciary 

 Act" of September 24, 1789, and more particularly 

 described as the several acts of Congress, approved., 

 respectively, July 27, 1866, March 2, 1607, and March 

 8, 1875. 



2. The enactment of such laws as will, in all cases 

 not expressly provided for by said judiciary act of 

 1789, confine tlie jurisdiction of the federal courts to 

 such causes as involve the construction, interpretation, 

 or enforcement of some provision of the national Con- 

 stitution, or of some treaty or Law enacted in pursu- 

 ance thereto, and which will secure to the individual 

 citizen, or to any corporation, private or municipal, an 

 adjudication of all mutters of contract, or of other legal 

 rights, and the redress of all legal wrongs, where such 

 Constitution, treaties, or laws are not called in ques- 

 tion, hi the courts of the State where such contracts 

 were made or wrong inflicted, if made or done by any 

 municipal corporation, and it made or done by an in- 

 dividual citizen or private corporation, then in the 

 courts of the State wnich may be the domicile of such 

 person, or where such person may be found, or where 

 such corporation may be found to exist. 



A nd further be it resolved, That our Representatives 

 in Congress are hereby requested and our Senators in- 

 structed to use their efforts and their influence to the 

 speedy effectuation of the measures aforesaid : and that 

 they may be informed hereof and of our desires in 

 the premises, the Secretary of State is requested to 

 transmit to each of our Senators and Representatives 

 a duly authenticated copy of these resolutions. 



An act was also passed providing that the 

 resignation of county officers should take effect 

 from the date of filing in the office of the 

 County Clerk. The previous law required 

 county officers to continue to serve, even after 

 resignation, until their successors were quali- 

 fied, so that there should be no lapse of the 

 office. The only reason for the act was that 

 it gave county judges an opportunity to evade* 

 the process of courts in suits against the county 

 by a sudden resignation, to take effect the mo- 

 ment it was filed. This act was finally vetoed 

 by the Governor. 



Another act was passed entitled " An act for 

 the better protection of the county revenue 

 funds of the State." It provides that every 

 county court shall at the May term of every 

 year appropriate "all the revenues collected 

 and to be collected, and moneys received and 

 to be received, for county purposes," in the fol- 

 lowing order : First, to the pauper fund ; sec- 

 ond, to the road and bridge fund ; third, to the 

 salary fund; fourth, to the jury, witness, and 

 election fund ; fifth, to the contingent fund for 

 the other ordinary current expenses of the 

 county not specially provided for, which shall 

 not exceed one fifth of the total revenue. These 

 five funds are to be carefully maintained, sepa- 

 rate and distinct ; the money in one fund shall 

 in no case be used for any purpose other than 

 its own ; and any county officer who shall fail 

 or refuse to perform the duties required of him 

 under the act shall be liable to a fine of one 

 hundred to five hundred dollars, and forfeiture 

 of his office. The real point of the act was con- 

 sidered to be the omission of an interest fund. 



