to revenue and taxation were now added. These two articles account for about one-third of the increase over the Constitution of 1865. There was a considerable decrease in the size of the article dealing with suffrage and elections which was more than offset by increases in the articles dealing with the judiciary, education, corporations and militia. The greatest increase, however, is found in the article on the Legislative Department, which expanded more than 200 per cent. As the provisions in the articles on counties, cities and towns, revenue and taxation, and the other articles indicated above are in effect almost entirely limitations upon legislative power it may be concluded that the expansion in the size of the Constitution was due to a growing lack of confidence in the Legislature and to the desire of the people to regulate matters for themselves. Each of these causes would lead to the placing of restrictions upon the Legislature, the former in a positive form while the latter would result in placing in the Constitution regulations in detail which would constitute a check upon legislative action regarding such matters. There is plenty of evidence that there had developed a lack of confidence in the Legislature. This was manifested by provisions in the Constitution of 1865 and constitutional amendments adopted from time to time as well as in messages of Governors McClurg, Brown, Woodson and Hardin.98 Among the most important causes for this popular distrust was the abuse of the power of special legislation and the policy of authorizing State and local aid for railroads. As a result of the latter the State as well as counties, townships, cities and other local subdivisions had incurred large debts with resulting increase of taxes. The Civil War and later the panic of 1873 had increased the difficulties of the situation and had caused serious embarrassment in State and local finances.99 The members of the Constitutional Convention had personal experience with "Senate Journals; 1871, pp. 19, 20; 1873, p. 27; 1874, p. 17; 1875, pp. 27, 40. "Million, State Aid to Railways in Missouri. these conditions and their constituents were demanding relief and safeguards for the future. As a result the Constitution of 1875 was distinguished for possessing greater restrictions upon legislative power than any of its contemporaries in other states and today there are few state constitutions which can compare with the strictness of its provisions.100 Some members of the Convention wished to change the prevailing rule of interpretation of the powers of the Legislature by providing that the General Assembly should have only such powers as are granted to it. 101 While this extreme position was not adopted, the prevailing tendency is shown by the fact that in drafting the article on the Legislature the Convention set off sections 43 to 56 inclusive under the specific title, "Limitation of Legislative Power." As previously indicated, however, important limitations upon legislative power are contained in other articles. In considering the restrictions upon the Legislature introduced by the Constitution of 1875, it is natural to begin with financial limitations as these were the most striking and of greatest significance. In the endeavor to prevent the impairment of public credit through the creation of large debts, the Convention did not follow the policy adopted in 1859102 of fixing a maximum but returned to the plan proposed in the Constitution of 1845,103 increasing the amount of debt which could be incurred from the $25,000 proposed in 1845 to $250,000, but requiring for any debt in excess of this amount the consent of two-thirds of the voters instead of a mere majority as under the earlier plan.104 The same general plan was followed as regards counties, cities, school 100 Dry, The Article on the Legislature in the Missouri Constitution of 1875. Manuscript in Library of University of Missouri. This graduate dissertation is a study of the evolution of the Article on the Legislature in the Constitutional Convention of 1875, and includes a comparison of its provisions with those of similar articles in the Constitutions of 1820 and 1865 and in contemporary constitutions in other American states. 101Ibid., pp. 121-123; see below, p. 175. 102 Ante, p. 17. 103 Ante, p. 17. 104Constitution, 1875, Art. IV, Sec. 44. districts and other subdivisions. No debt could be incurred in any year in excess of the revenue for such year without the consent of two-thirds of the voters, but there was the further important restriction that even with such consent the total debt of any such locality should not exceed five per cent of the value of the taxable property of such district, except for the erection of a court house or jail.10 It was also required that in all such cases provision must be made for a tax sufficient to pay the interest and to retire the principal within thirteen years in the case of the State and within twenty years in other cases. There was also retained the provision of the Constitution of 1865106 prohibiting the giving, loaning, or pledging of the credit of the State in aid of any person or corporation107 and counties and other local subdivisions were now subject to a similar requirement,1 instead of being permitted to do this with the consent of the voters as in 1865.109 108 The power of raising revenue by taxation was also seriously restricted. The Constitution of 1865 provided that no property should be exempt from taxation except that used exclusively for public schools, and that belonging to the United States, the State and local subdivisions.110 Aside from this provision the Constitutions of 1820 and 1865 left the Legislature entirely free in establishing the system of taxation. While the Constitution of 1875 modified the above restriction by permitting the Legislature to enact general laws exempting a limited amount of property from taxation when used exclusively for educational, religious or charitable purposes, it went much further in the other direction and imposed restrictions upon the power of the Legislature to determine the kind and rate of taxation and its method of assessment and apportionment for State and 10%Ibid., Art. X, Sec. 12. 106 Ante, p. 23. 197Constitution, 1875, Art. IV, Sec. 45. 108Ibid., Sec. 47. 109 Ante, p. 23. 110Constitution, 1865, Art. XI, Sec. 16. Constitution, 1875, Art. X, Sec. 6. local purposes. The general property tax system had been established for many years as a result of legislative enactment, but the provisions of Article X of the Constitution of 1875 made this system compulsory upon the Legislature. As the evil results of uncontrolled local assessments had made themselves manifest, the Constitution provided for a State Board of Equalization.112 Unfortunately, however, by providing that this board should consist of the Governor, State Auditor, Treasurer, Secretary of State and Attorney-General, the Constitution prevented the Legislature from establishing an efficient central control over the local assessing officials. A low maximum tax rate was fixed for State purposes, 113 and local authorities in counties, cities and towns and schools were limited by the establishment of similar maximum rates.114 The latter rates could be increased for the purpose of erecting public buildings when approved by twothirds of the voters and for general school purposes a higher rate, not exceeding a second maximum, could be voted by a majority of the taxpaying voters.115 As these maximum rates were not established on any logical basis, serious inconvenience and hardship have resulted from their operation. Thus, for example, the maximum rate for State purposes was fixed at twenty cents on the hundred dollars valuation of property but it was provided that when the taxable property of the State amounted to nine hundred million dollars the rate should not exceed fifteen cents. When in 1892 it became necessary to reduce the rate to fifteen cents because the valuation exceeded nine hundred million there was an actual loss in State revenue from this source of nearly four hundred thousand dollars for that year.116 The rates for local purposes were even more illogical and arbitrary. In the case of counties they varied according to assessed value, in some cases increasing and in others decreasing with 112Ibid, Sec. 18. 113Ibid., Art. X, Sec. 8. 114Ibid., Art. X. Sec 11. 115 Ibid. 116 Report, State Auditor, 1891-92, p. 21. an increase in the valuation. In cities the basis was population and here the arrangement was more scientific as the rates uniformly increased with increase in population. There was a flat rate of forty cents for school purposes in all districts but this could be increased in the manner indicated above to one dollar in town and city school districts, while without any rational basis of distinction, rural school districts were restricted to sixty-five cents. The legislative power of apportioning taxes was restricted by provisions requiring all property to be taxed in proportion to its value,117 and establishing the rule of uniformity as regards the same class of subjects within the territorial limits of the taxing authority. The Constitution likewise limited the legislative power to control expenditures. Both of the previous Constitutions had provided that no money should be paid out of the treasury except as appropriated by law,118 and an amendment adopted in 1870 had prohibited any appropriation or donation by the State or localities in aid of any religious purpose or organization.119 The Constitution of 1875 not only continued these restrictions, 120 bt added others of importance. The order in which appropriations should be made was set forth under seven heads, the last including appropriation for the pay of the General Assembly with the evident purpose of insuring that none of the preceding items would be omitted or overlooked before adjournment.121 The third item of appropriation was for free public school purposes. The Constitution also provided that not less than 25 per cent of the State revenue, exclusive of the interest and sinking funds, should be set aside annually for the support of public schools. 122 The Legislature was also forbidden to give or to authorize any county or other 117Constitution, 1875, Art. X, Sec. 4. 118Constitution, 1820, Art. III, Sec. 31; Constitution, 1865, Art. XI, Sec. 6. 119 Laws, 1870, p. 501. 120Constitution, 1875, Art. IV, Sec. 43; Art. XI, Sec. 11. 121Ibid., Art. IV, Sec. 43. 122 Ibid., Art. XI, Sec. 7. |