Publication: Chillicothe Constitution Tribune Thursday, June 24, 1976

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   Chillicothe Constitution-Tribune, The (Newspaper) - June 24, 1976, Chillicothe, Missouri                                PAGE 8CHILLICOTHE CONSTITUTION TRIBUNE Legal Notices Notice of Appointment Of Guardian Sec 309 475 140 RSMo 19R9 State of Missouri County of Livingston ss IN THE PROBATE COURTOF LIVINGSTON COUNTY MO In the estate of Effie V Ball Incompetent Estate No 1808 To all persons interested in the estate of Effie V Ball Incompetent On the 27 Hay of May 1976 William B Watson was appointed guardian of the person and estate of Effie V Ball a person adjudicated incompetent under the laws of Missouri by the Probate Court of Livingston County Missouri The business address of the guardian is 700 Jackson Street whose telephone number is 5500 and his attorney is David P Macoubrie whose address is 385 CNB Bidg Chilllcotne Missouri and whose telephone number is 6464522 All creditors of said incompetent are notified to file thier claims in the Probate Court within six months from the date of first publication of this notice or be forever June 3 10 17 and 24 1976 Geraldine Roark Clerk Probate Court of Livingston County Mo SEAL THURSDAY JUNE 74 176 Notice for Publication Notice Is hereby given that a public hearing Will be held at the County Courtroom Livingston County Courthouse on June 29 1976 at for the consideration of changing the classification of certain property to wit East side of County Road abutting Lowes Acres Sub Division from US Route 36 North to Norfolk and Western Railroad Right of Way in Southwest Corner of Section 5 Township 57 Range 23 Described as Beginning 30 feet North of Southwest Corner of Section 5 Township 57 Range 23 W thence North 894 feet to Railroad Right of Way South 73 Deg 30 Min East along Right of Way for 562 feet thence South to North Right of CHILLICOTHE MISSOURIM401 Way Route 36 West 538 feet to beginning point being a 10 acre tract part of southwest Quarter SW4 lying South of Railroad Right of Way Said property to be reclasslfled from Al Agriculture to Zone C Business Said land is proposed to be used for Business sites including contractors Ware House and office building fronting on County Road Done by order of the Livingston County Planning and Zoning Commission Merle Jones Chairman Publish June 10th June 17th and June 24 1976 People DO read the Want Ads and they WILL read yours Notice of Letters af Administration Granted Sec 473033 Laws of Missouri 19W Regular State of Missouri County of Livingston ss IN THE PROBATE COURT OF LIVINGSTON COUNTY MO In the estate of Ellubeth A Gilmer Decedent Estate No 1813 To all persona Interested in the estate of Elizabeth A Gilmer Decedent On the 4th day of Jhne 1976 Alta Mae Parn was appointed the administratrix of the estate of Elizabeth A Gilmer decedent by the probate court of Livingston County Missouri The business address of the administrator Is 1007 Countryside Drive Brookfleld Missouri whose telephone number Is and her attorney is Lloyd A Cleaveland of Chllllcothe Missouri whose business address Is CNB Suite No 385 and whose telephone number is 6484893 All creditors of said decedent are notified to file claims In court within six months from the date of this notice or be forever barred Date of publication June 10 17 24 and July 1 1978 Geraldine Roark Clerk Probate Court of Livmgston County Mo Proposed Amendments to the Constitution of Missouri To be submitted to the qualified voters of the State of Missouri at a special election to be held on Tuesday the Third day of August 1976 CONSTITUTIONAL AMENDMENT HO 1 Suhmitted by the 78th Gen eral Assembly First Regular Session Section 7 Article X Missouri Constitution by deleting twentyrive year limitation on laws granting partial lax relief for lands devoted exclusively to forestry purposes JOINT RESOLUTION Submitting to the qualified voters of Missouri an amend ment repealing section 7 of ar ticle X of the Constitution of Missouri relating to taxation and adopting one new section in lieu thereof relating to the same subject Be it resolved by the House of Representativea the Senate coucurring therein That at the next general elec tion to be held in the state of Missouri on Tuesday next following the first Monday in November 1976 or at a special election to be called by the governor for that purpose there is hereby submitted to thr qua lined voters of this state for adoption or rejection the following amendment to article X of the constitution of the state of Missouri Section 1 Section 7 article X constitution of Missouri is repealed and one new section adopted in lieu thereof to be known as section 7 to read as follows Section 7 For the purpose of encouraging forestry when lands are devoted exclusively to such purpose and the reconstruction redevelopment and rehabilita tion of obsolete decadent or blighted areas the general assembly by general law may provide for such partial relief from taxation of the lands devoted to any such purpose and of the improvements thereon by such method or methods for such period or periods of time not exceeding twentyfive years in any instance and upon such terms conditions and restrictions as it may prescribe provided however that in the case of forest lands the limitation of twentyfive years herein described shall not apply CONSTITUTIONAL AMENDMENT NO 2 Submitted by the 78th General Assembly First Regular Session Repeals constitutional provision which presently requires that each election ballot be numbered and that such number be recorded on list of voters opposite voters name JOINT RESOLUTION Submitting to the qualified voters of Missouri an amend ment repealing section 3 of Ar ticle VIII of the constitution of Missouri relating to elections and adopting one new section in lieu thereof relating to the same subject Be It resolved by the House of Representatives the Senate concurring therein That at the next general elec tion to be held in the state of Missouri on Tuesday next following the first Monday in November 1976 or at a special election to be called by the governor for that purpose there is hereby submitted tu the qualified voters of this slate for adoption or rejection the following amendment to Article VIII of the constitution of the state of Missouri Section 1 Section 3 Article VIII constitution of Missouri is repealed and one new section adopted in lieu thereof to be known as section 3 to read as follows Section 3 All elections by the people shall be by ballot or by any mechanical method prescribed by law All election officers shall be sworn or af firmed nut to disclose how any voter voted provided that in cases of contested elections grand jury investigations and in the trial of all civil or criminal cases in which the violation of any law relating to elections in cluding nominating elections is under investigation or at issue such officera may be required to testify and the ballots cast may be operfed examined counted and received as evidence CONSTITUTIONAL AMENDMENT 1 Submitted by the 78th Gener al Assembly Second Regular Session counllts lo utility or airport revenue boadi with voter approval autaorliei coanlle sad to ItMe In dustrial dartlepuwal reveaue boads wilboal approval JOINT RESOLUTION Submitting to the qualified voters of Missouri an amend ment repealing Section 27 of Article VI of the constitution of Missouri relating to the in debtedness of certain political subdivisions and adopting one new section in lieu thereof relating to the same subject Be it resolved by the Senate the House of Representatives con curring therein That at the next general elec tion to be held in the state of Missouri on Tuesday next following the first Monday in November 1976 or at a special election to be called by the governor for that purpose there is hereby submitted to the qualified voters of this state for adoption or rejection the following amendment to Article VI of the constitution of the state of Missouri Section 1 Section 27 Article VI constitution of Missouri is repealed and three new sections adopted in lieu thereof to be known as sections and to read as follows Section Any county citv or incorporated town or village in this state by vote of a majority of the qualified electors thereof voting thereon may issue and sell its negotiable interest bearing revenue bonds for the purpose of paying all or part of the cost of purchasing con structing extending or improving any of the following 1 revenue producing water gas or electric light works heating or power plants or 2 airports to be owned exclusively by the county city or incorporated town or village the cost of operation and maintenance and the principal and interest of the bonds to be payable solely from the revenues derived by the county city orl in corporated town or village from the operation of the utility or air port Section Any county city or incorporated town or village in this state by a majority vote of the governing body thereof may issue and sell its negotiable interest bearing revenue bonds for the purpose of paying all or part of the cost of purchasing constructing ex tending or improving any facility to be leased or otherwise disposed of pursuant to law to private persons or corporations for manufacturing commercial warehousing and industrial development purposes including the real estate buildings fix tures and machinery The cost of operation and maintenance and the principal and interest of the bonds shall be payable solely from the revenues derived by the county city or incorporated town or village from the lease or other disposal of the facility Section As used in Ar ticle VI Sections and the term revenue bonds means bonds neither the interest nor the principal of which is an indebtedness or obligation of the issuing county city or in corporated town or village CONSTITUTIONAL AMENDMENT NO 4 Submitted by the 78th General Assembly Second Regular Session Amends Missouri Con stitution lo authorize legislature lo rescind ad ministrative rules and regulations of agencies by concurrent resolution without presentation to the governor JOINT RESOLUTION Submitting to the qualified voters of Missouri an amend ment repealing Section 8 of ar ticle IV of the constitution of Missouri relating to the duty of the governor in regard to concurrent resolution and adopting one new section in lieu thereof relating to the same subject Be It resolved by the Senate the House of Representatives con curring therein That at the next general elec tion to be held in the state of Missouri on Tuesday next following the first Monday in November 1976 or at a special election to be called by the governor for that purpose there is hereby submitted to the qualified voters of this aUte for adoption or rejection the following amendment to article IV of the constitution of the state of Missouri Section 1 Section 8 article IV constitution of Missouri is repealed and one new section adopted in lieu thereof to be known as section 8 to read M follows Section 8 Administrative rules and regulations other than those which affect only the internal operation of the agency adopting them and other than those promulgated under authority granted by the constitution may be rescinded by concurrent resolution of both houses which be effective immediately upon the adoption of such resolution without presentation to the governor Every other resolution to which the con currence of the senate and house of representatives may be necessary except on questions of adjournment going into joint session and of amending this constitution shall be presented to the governor and before the same shall take effect shall be proceeded upon in the same manner as in the case of a bill provided that no resolution shall have the effect to repeal extend or amend any law except as otherwise authorized under the provisions of this section CONSTITUTIONAL AMENDMENT NO 5 Submitted by the 78th Gener al Assembly Second Regular Session Repeals provision of Missouri Constitution which provides Separate schools shall be provided for white end colored children except in cases otherwise provided for by JOINT RESOLUTION Submitting to the qualified voters of Missouri an amend ment repealing section of article IX of the constitution of Missouri relating to public schools and adopting one new section in lieu thereof relating to the same subject Be it resolved by the Senate the House of Representatives con curring therein That at the next general elec tion to be held in the state of Missouri on Tuesday next following the first Monday in November 1976 or at a special election to be called by the governor for that purpose there is hereby submitted to the qualified voters of this state for adoption or rejection the following amendment to article IX of the constitution of the state of Missouri Section 1 Section article IX constitution of Missouri is repealed and one new section adopted in lieu thereof to be known as section to read as follows Section A general dif fusion of knowledge and in telligence being essential to the preservation of the rights and liberties of the people the general assembly shall establish and maintain free public schools for the gratuitous instruction of all persons in this state within ages not in excess of twentyone years as prescribed by law CONSTITUTIONAL AMENDMENT NO I Submitted by the 78th Gener al Assembly Second Regular Session Changes authority and Jurisdiction of Supreme Conn Courts of Appeal and circuit courts abolishes all other courtf creates associate circuit Judges amends non partisan court plan amends Judges retirement provisions abolishes constables and St Louis City prosecuting at torney municipal courts become divisions of circuit courts JOINT RESOLUTION Submitting to the qualified voters of Missouri an amend ment repealing sections 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 and 31 of ar ticle V of the constitution of Missouri relating to the judicial department and adop ting thirtythree new sections in lieu thereof relating to the same subject with an effective date Be It resolved by the Senate tbe House of Representatives con curring therein That at the next general elec tion to be held in the state of Missouri on Tuesday next following the firat Monday in November 1976 or at a special election to be called by the governor for that purpose there li hereby submitted to the qualified voters of this state for adoption or rejection the following amendment to article V of the constitution of the state of Missouri Section A Sections 1 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 26 26 27 28 30 and 31 of article V con stitution of Missouri are repealed and thirtythree new section enacted in lieu thereof to be known as sections 1 3 4 5 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 2MO 26 and 27 to road ai follows Section 1 The Judicial power of the aUte shall be vested in a supreme court a court of appeals consisting of districts as prescribed by law and circuit courts Section 3 The supreme court shall have exclusive appellate jurisdiction in all cases involving the validity of a treaty or statute of the United States or of a statute or provision of the Con stitution of this State the con struction of the revenue laws of this state the title to any state office and in all cases where the punishment imposed is death or imprisonment for life The court of appeals shall have general ap pellate jurisdiction in all cases except those within the exclusive jurisdiction of the supreme court Section 4 1 The supreme court shall general super intending control over all courts and tribunals Each district of the court of appeals shall have general superintending control over all courts and tribunals in its jurisdiction The supreme court and districts of the court of appeals may issue and determine original remedial writs Super visory authority over all courts is vested in the supreme court which may make appropriate delegations of this power 2 The supreme court may ap point a state courts ad ministrator and other staff to aid in the administration of the courts and it shall appoint a clerk of the supreme court and may appoint other staff to aid in the administration of the business of the supreme court Each such appointee shall serve at the pleasure of the court The clerks and administrators salary shall be fixed by law All other appointees shall have salaries fixed by the court within the legislative limits of the ap propriation made for that pur pose 3 In the event that six com missioners of the supreme court are not available to sit as a reap portionment commission as provided in sections 2 3 and 7 of article III of the constitution of this state a commission com posed of six members appointed by the supreme court from among the judges of the court of appeals shall serve in lieu of the commissioners of the supreme court No more than two mem bers of any division of the court of appeals shall be appointed to the commission Section 5 The supreme court may establish rules relating to practice procedure and pleading for all courts and administrative tribunals which shall have the force and effect of law The rules shall not change substantive rights or the law relating to evidence the oral examination of witnesses juries the right of trial by jury or the right of appeal The court shall publish the rules and fix the day on which they take effect but no rule shall take effect before six months after its publication Any rule may be an nulled or amended in whole or in part by a law limited to the pur pose Section 6 The supreme court may make temporary transfers of judicial personnel from one court or district to another as the ad ministration of justice requires and may establish rules with respect thereto Any judge shall be eligible to sit temporarily on any court upon assignment by the supreme court or pursuant to supreme court rule Section 7 The supreme court may sit in bane or in divisions as the court may determine Any district of the court of appeals may sit at such places within the district and in divisions as the judges of such district may deter mine Each divison of the supreme court or of the court of appeals shall be composed of not less than three judges at least one of whom shall be a regular judge of the court A majority of a division shall constitute a quorum thereof and all orders judgments and decrees of a division as to causes and mat ters pending before it shall have the force and effect of those of the court Section 8 The judges of the supreme court shall elect from their number a chief justice to preside over the court en bane and the judges of the court of ap peals in each district shall elect from their number a chief judge of the district The terms of the chief justice and chief judges shall be fixed by the courts over which they preside The chief justice of the supreme court shall be the chief administrative of ficer of the judicial system and subject to the supervisory authority of the supreme court shall supervise the ad ministration of the courts of this state Section 9 A cause in the supreme court shall be trans ferred to the court en bane when the members of a division are Xilly divided in opinion or n the division shall to order or on application of the losing party when a member of the division dissents from the opinion therein or pursuant to supreme court rule Section 10 Casea pending in the court of appeals shall be transferred to the supreme court when any participating judge dissents from the majority opinion and certifies that he deems said opinion to be con trary to any previous decision of the supreme court or of the court of appeals or any district of the court of appeal Cases pending in the Court of Appeal may be transferred to the lupreme court by order of the majority of the judges of the participating John Quincy Adams was the only president to return to Con ores after leaving the White House He served 17 years in the House of Representatives Final Settlement And Petition For Distribution Sec 19N State of MlMourl County of IN THE PROBATE rnimTOF LIVINGSTON COUNTY MO In the estate of Myrtle Benora Timbrook Deceased Estate No 1W7 TO ALL PERSONS INTER ESTED IN THE ESTATE OF Myrtle Benora Timbrook Deceased You are hereby notified that the undersigned Administrator of said estate will file final settlement and petition for distribution on the 5th day of July 1976 or as continued by the court In said Probate Court and that any objections or exceptions to such settlement IHtWl S i within ten davs from the date said final settlement is Hied Raymond M Timbrook Admr 8718 East 114th Street Kansas City Missouri 841S4 Cleaveland Macoubrie Lewis Cox Attorney 388 Citizens National Bank Building Chilllcothe Missouri 64601 Publish June 3 10 17 and 24 1976 district of the court of appeals after opinion or by order of the supreme court before or after opinion because of the general interest or importance of a question involved in the case or for the purpose of reexamining the existing law or pursuant to supreme court rule The supreme court may finally determine all causes coming to it from the court of appeals whether by cer tification transfer or certiorari the same as on original appeal Section 11 In all proceedings reviewable on appeal by the supreme court or the court of ap peals appeals shall go directly to the court or district having jurisdiction but want of jurisdic tion shall not be ground for dismissal and the proceeding shall be transferred to the ap pellate court having jurisdiction An original action filed in a court lacking jurisdiction or venue shall be transferred to the appropriate court Section 12 The opinions of the supreme court and court of appeals and all divisions or districts of said courts shall be in writing and filed in the respec tive causes and shall become a part of the records of the court be available for publication and shall be public records The supreme court and the court of appeals may issue memorandum decisions or dispose of a cause by order pursuant to and as authorized by supreme court rule Section 13 The court of ap peals shall be organized intc separate districts the number not less than three geographical boundaries and territorial jurisdiction of which shall be prescribed by law Each district of the court of appeals shall be composed of such number of judges not less than three as may be provided by law Section 14 a The circuit courts shall have original jurisdiction over all cases and matters civil and criminal Such courts may issue and determine original remedial writs and shall sit at times and places within the circuit as determined by the cir cuit court b Procedures for the ad judication of small claims shall be as provided by law Section 15 1 The state shall be divided into convenient cir cuits of contiguous counties In each circuit there shall be at least one circuit judge The cir cuits may be changed or abolished by law as public con venience and the administration of justice may require but no judge shall be removed from of fice during his term by reason of alteration of the geographical boundaries of a circuit Any cir cuit or associate circuit judge may temporarily sit in any other circuit at the recjuest of a judge thereof In circuits having more than one judge the court may sit in general term or in divisions The circuit judges of the circuit may make rules for the circuit not inconsistent with the rules of the supreme court 2 Each circuit shall have such number of circuit judges as provided by law 3 The circuit and associate circuit judges in each circuit shall select by secret ballot a cir cuit judge from their number to serve as presiding judge The presiding judge shall have general administrative authority over the court and its divisions 4 Personnel to aid in the business of the circuit court shall be selected as provided by law or in accordance with a govern mental charter of a political sub division of this state Where there is a separate probate division of the circuit court the judge of the probate division shall until otherwise provided by law appoint a clerk and other nonjudical personnel for the probate division Section 16 Each county shall have such number of associate circuit judges as provided by law There shall be at least one resident associate circuit judge in each county Associate circuit judges shall be selected or elec ted in each county In those cir cuits where the circuit judge is selected under Section 25 of Ar ticle 6 of the Constitution the associate circuit judge shall be selected in the same manner All other associate circuit judges shall be elected in the county in which they are to serve Section 17 Associate circuit judges may hear and determine all civil or criminal and all other matters as now provided by law for magistrate or probate judges and may be assigned tucn additional or classes of as may be provided by law In probate mat the associste circuit judge shall have general equitable jurisdiction Section 18 All final decisions and orders on any administrative officer or body existing under the Constitution or by law which are judicial or quasijudicial and affect private shall be subject to direct review by the provided by law and such review shall in clude the determination whether the same are authorised by law and in in which a hearing required by law whether the same are supported by com petent and substantial evidence upon the whole record Unless otherwiae provided by law ad ministrative decisions and subject to review under this section or which are otherwiae subject to direct judicial review shall be reviewed In such manner and by such court ss the supreme court by rule shall direct and the court so designated shall in addition to other jurisdiction have jurisdiction to hear and deter mine any such review proceeding Section 19 Judges of the supreme court and of the court of appeals shall be selected for terms of twelve years judges of the circuit court for terms of six years and associate circuit judges for terms of four years Section 20 All judges shall receive as salary the total amount of their present com pensation until otherwise provided by law but no judges salary shall be diminished during his term of office No judge shall receive any other or additional compensation for any public service No supreme ap pellate circuit or associate cir cuit judge shall practice law or do law business Judges may receive reasonable traveling and other expenses allowed by law Section 21 Judges of the supreme court and of the court of appeals shall have been citizens of the United States for at least fifteen years and qualified voters of the state for nine years next preceding their selection Such judges shall be at least thirty years of age Except as provided by section 6 judges of the court of appeals shall be residents of the court of appeals district in which they serve Cir cuit judges shall have been citizens of the United States for at least ten years and qualified voters of this state three years next preceding their selection and be not less than thirty years of age and residents of the circuit for at least one year Associate circuit judges shall be qualified voters of this state and residents of the county at least twentyfive years old and have such other qualifications as may be provided by law Every supreme appellate circuit and associate circuit court judge shall be licen sed to practice law in this state Section 22 bach district of the court of appeals shall appoint a clerk of the court and other per sonnel to aid in the ad ministration of the business of the court Their salaries shall be within the limit of the legislative appropriation for that purpose Section 23 Each circuit may have such municipal judges as provided by law and the necessary nonjudicial personnel assisting them The selection tenure and compensation of such judges and such personnel shall be as provided by law or in cities having a charter form of govern ment as provided by such char ter A municipal judge may be a parttime judge except where prohibited by ordinance or char ter of the municipality A municipal judge shall hear and determine violations of municipal ordinances in one or more municipalities Until other wise provided by law or supreme court rule the practice procedure right to and method of appeal before and from municipal judges shall be as heretofore provided with respect to municipal courts Associate circuit judges shall hear and determine violations of municipal ordinances in any municipality with a population of under four hundred thousand within the circuit for which a municipal judge is not provided or upon request of the governing body of any municipality with a population of under four hun dred thousand within the circuit Section 24 1 There shall be a commission on retirement removal and discipline com posed of two citizens who are not members of the bar appointed by the governor two lawyers ap pointed by the board of gover nors of The Missouri Bar one judge of the court of appeals to be selected by a majority of the judges of the court of appeals and one judge of the circuit courts to be selected by a majority of the circuit judges of this state The commission shall receive and investigate all and suggestions for retirement for disability and all concerning miscon duct of all mambaga of the judicial commissions and of this commission No member of the commission shall participate in any matter in which he has a personal interact If s member disqualified to participate in any matter before the commission the respective selecting authority shall select a substitute to sit during such disqualification Of the members first appointed each of the citizen hall be appointed for a term of two and each of the lawyer members for a term of four years and each of the judge for a term of six years and thereafter hall be ap pointed for a term of six years 3 Upon recommendation by an affirmative vote of at least four members of the commission the supreme court en bane shall retire from office any judge or any member of any judicial com mission or any member of this commission who found to unable to discharge the duties of office with efficiency because of permanent sickness or physical or mental infirmity A Judge except a municipal judge so retired thall receive onehalf of regular compensation during the remainder of term of office Where a judge subject to retirement under other provisions of law has been retired under the provisions of this section the time during which he was retired for disability under thin section shall count as time served for purposes of retirement under other provisions of this Constitution or of law 3 Upon recommendation by an affirmative vote of at least four members of the commission the supreme court en bane upon concurring with such recom mendation shall remove suspend discipline or reprimand any judge of any court or any member of any judicial com mission or of this commission for the commission of a crime or for misconduct habitual drunk eness willful neglect of duty corruption in office in competency or any offense in volving moral turpitude or op pression in office No action taken under this section shall be a bar to or prevent any other ac tion authorized by law 4 A judge is disqualified from acting ait a judicial officer while there is pending an indictment or information charging him in any court in the United States with a crime punishable as a felony un der the laws of Missouri or the United States or a recom mendation to the supreme court by the commission for his removal or retirement or after articles of impeachment have been voted by the house of representatives A judge so disqualified shall continue to receive his salary 5 On recommendation of the commission the supreme court shall suspend a judge from office without salary when in any court in the United States he pleads guilty or no contest to or is found guilty of an offense punishable as a felony under the laws of Missouri or the United States or of any other offense that involves moral turpitude If he is suspended and his con viction becomes final the supreme court shall remove him from office If his conviction is reversed and he is discharged from that charge by order of court or of the prosecuting of ficer whether without further trial or after further trial and a finding of not guilty his suspen sion terminates and he shall be paid his salary for the period of suspension 6 Recommendations to the supreme court by the commission shall be made only after notice and hearing Rules for the ad ministration of this section and for the procedures thereunder shall be prescribed by supreme court rule unless otherwise provided by law 7 Members of the commission shall be reimbursed for their ac tual and necessary expenses in curred in the performance of their duties 8 Additional duties shall not be imposed by law or supreme court rule upon the commission on retirement removal and discipline Section Whenever a vacancy shall occur in the office of judge of any of the following courts of this state to wit The supreme court the court of ap peals or in the office of circuit or associate circuit judge within the city of St Louis and Jackson county the governor shall fill such vacancy by appointing one of three person possessing the qualification for such office who shall be nominated and whose names shall be submitted to the governor by a nonpartisan judicial commission established and organized as hereinafter and organized as hereinafter provided If the governor fails to appoint any of the nominee within sixty days after the list of nominees is submitted the non partisan judicial commission making the nomination shall ap point one of the nominees to fill the vacancy Section At any general election the qualified voters of any judicial circuit outside the city of St Louis and Jackson county may by a majority of those voting on the question elect to have the circuit and associate circuit judges appointed by the governor in the manner provided for the appointment of judgea to the courts designated in lection or outside the city of St Louis and Jackson county to discontinue any such plan The question of whether the circuit and associate circuit judgea of any such circuit shall be to ap pointed shall be submitted to the voter of each county in any cir cuit at the next general election whenever petition therefor signed by ten percent of the legal voters of each county in the cir cuit voting for the office of gover nor at the last election thereof are filed in the office of secretary of state at least 90 day before such election The question shall be presented ai follow Shall the circuit and associate circuit judgea of thejudicial circuit be selected ai provided in Sec tion 26 of Article V of the Missouri Constitution Yes D No D Mark The provisions of law with reapect to initiative petitions shall apply insofar ai applicable relative to the certification of the petition to local official by tha aucratary of state tha preparation prin ting publishing and distribution of thejudlclaT ballot required by thla faction tha holding and conduct of tha election and tha counting canvauing return cer tification and proclamation of tha voter If a majority of tha votaa upon the question are caat Maurice Sage NEW YORK AP Maurice g Sage 56 president of the Jewish National Fund of Amer ica died Tuesday night He col lapsed while handing First Lady Belly Ford a Bible at a bicentennial dinner at the New York Hilton Hotel UnMMuMMMuMuVBBBM in favor of the adoption in each county comprising circuit nonpartisan selection of the cir cuit and associate judges shall be adopted in the circuit The question of selection of circuit and associate circuit judges in the manner provided in Section shall not submitted more often than once every four years If any judicial circuit adopts the nonpsrtisan selection of the circuit and associate cir cuit judges under the provisions of this section the question of its discontinuance shall not be sub mitted more often than once every four years and may be sub mitted at any general election and shall be proceeded upon in sofar as may be applicable in like manner as prescribed in this section for the original adoption of the plan The petition shall be in sub stantially the following form To the Honorable Officials in general charge of elections for the county the state of Missouri We the undersigned legal voters of the state of Missouri and of the county respectfully demand that the question of the discontinuance of the nonpartisan selection of the circuit and associate circuit judges be submitted to the legal voters of cir cuit for their approval or rejec tion at the general election to be held on The ballot shall provide as follows Shall the nonpartisan ap pointment by the governor of the circuit and associate circuit judges be discontinued in the judicial circuit D Yes a NO Place an X in one square If a majority of the votes upon the question are cast in favor of such discontinuance in each county comprising the circuit the nonpartisan selection of the cir cuit and associate circuit judges shall be discontinued in such judicial circuit If the nonpartisan selection of the judges be discontinued in any such judicial circuit other than the city of St Louis and Jackson county the selection of such judges therein shall be made as otherwise prescribed by law This section shall be self enforcing Section Each judge appointed pursuant to the provisions of sections shall hold office for a term en ding December thirtyfirst following the next general elec tion after the expiration of twelve months in the office Any judge holding office or elected thereto at the time of the elec tion by which the provisions of section become ap plicable to his office shall unless removed for cause remain in office for the term to which he would have been entitled had the provisions of sections not become applicable to his of fice Not less than sixty days prior to the holding of the general election next preceding the expiration of his term of of fice any judge whose office is subject to the provisions of sec tion may file in the of fice of the secretary of state a declaration of candidacy for elec tion to succeed himself If a declaration is not so filed by any judge the vacancy resulting from the expiration of his term of of fice shall be filled by ap pointment as herein provided If such declaration is filed his name shall be submitted at laid next general election to the voters eligible to vote within the state if his office is that of judge of the supreme court or within the geographic jurisdictional limit of the district where he ser ves if his office is that of a judge of the court of appeals or within the circuit if hii office is that of circuit judge or within the county if his office is that of associate circuit judge on a separate judicial ballot without party designation reading Shall Judie Here the name of the judge shall be inserted of the Here the title of the court shall be inserted be retain in office Yes D No D mark an X in the box you If a majority of those voting on the question vote against retaining him in office upon the expiration of his term of office a vacancy shall exist which shall be filled by appointment ai provided in aaction other wiae laid judge shall unless removed for cause remain in of fice for the number of yeirs after December thirtyfirst following such election a is provided for the full term of such office and at tha expiration of each such term shall be eligible for reten tion in office by election in tha manner hare prescribed Section Whenever a declaration of candidacy for elec tion to succeed himself is filed by any judge or associate circuit judge under tha provisions of this tha secretary of state shall not lees than thirty days before the election certify the name of laid judge or associate circuit judge and the official title of hii office to the clerks of tha county oourta and to the board of election commissiontrs in counties or cities having Mich boards or to such other officials as may hereafter be provided by Continued On Page I   
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