Page:EB1911 - Volume 18.djvu/640

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MISSOURI
611

years or more. Thus the foreign element is an old one, and other statistics show that it is being effectively absorbed into the native mass by intermarriage.[1] The German influence has been felt in education and in the anti-slavery cause. The early settlers of the state were practically all from Kentucky, Tennessee, Virginia and the old slave-states of the south-east, and their influence was easily dominant in the state until well after the Civil War (about 1875), when northerners first began to enter the state in large numbers. The south-western Ozarks were settled originally by mountaineers from Kentucky and Tennessee, and retained a character of social primitiveness and industrial backwardness until after the Civil War. This region has been industrially regenerated by the mine development. In addition to St Louis,[2] Kansas City and St Joseph, the leading cities in 1900 were Joplin, Springfield, Sedalia, Hannibal, Jefferson City, Carthage, Webb City and Moberly.

As Missouri was originally a French colony the Roman Catholic is its oldest church; and it is still the strongest with 382,642 communicants in 1906 out of a total of 1,199,239 for all denominations. In the same year there were 218,353 Baptists, 214,004 Methodists, 166,137 Disciples of Christ, 71,599 Presbyterians, 45,018 Lutherans, and 32,715 members of the German Evangelical Synod of North America.

Administration.—Three constitutions, framed by conventions in 1820, 1865 and 1875, have been adopted by the people of the state, and a fourth (1845) was rejected, principally because it provided for popular election of the state judiciary, which was then appointed. In addition to these four constitutional conventions, mention should be made of the special body chosen in 1861 to decide the question of secession, which retained supreme though irregular control of the state during the Civil War, and some of whose acts had all the force of promulgated constitutional amendments. Universal manhood suffrage was established by the first constitution. The constitution of 1865 was a partisan and intolerant document, a part of the evil aftermath of war; it was adopted by an insignificant majority and never had any strength in public sentiment.[3] The present constitution (that of 1875) was a notable piece of work when framed. The term of the governor and other chief executive officers, which had been four years until the adoption of the constitution of 1865, under which it was two years, was restored to the long term (unusual in American practice). The legislature (or, as it is called in Missouri, General Assembly) had been permitted to hold adjourned sessions under the constitution of 1865. This expensive practice was abolished; various checks were placed upon legislative extravagance, and upon financial, special and local legislation generally; and among reform provisions, common enough to-day, but uncommon in 1875, were those forbidding the General Assembly to make irrevocable grants of special privileges and immunities; requiring finance officials of the state to clear their accounts precedent to further eligibility to public office; preventing private gain to state officials through the deposit of public moneys in banks, or otherwise; and permitting the governor to veto specific items in general appropriation bills. The grand jury was reduced to twelve members, and nine concurring may indict. The township system may be adopted by county option, but has not been widely established, though purely administrative (not corporate) “townships” are an essential part of state administration. St Louis and Kansas City have adopted their own charters under constitutional provision. Up to 1909 37 constitutional amendments were submitted to the people for adoption or rejection, and 22 were adopted. Three of these (1900) restrict the calling of the grand jury, permit two-thirds of a petit jury to render verdicts in courts not of record, and three-fourths to give verdict in civil cases in courts of record. Cities have been allowed (1892), upon authorization by the General Assembly, to organize pension systems for disabled firemen, but not allowed (1904) to organize the same for police forces. An amendment which was adopted (177,615 for; 147,290 against) in November 1908, and came in effect on the 4th of December 1908, provides for initiative and referendum applying to statutory law and to constitutional amendments, but emergency measures, and appropriations for the state government, for state institutions, and for public schools are exempt from referendum. Initiative petitions, signed by at least 8% of the legal voters in each of two-thirds (at least) of the congressional districts of the state, must be filed not later than four months before the election at which the measure is to be voted upon. The referendum may be ordered by the legislature or by a petition signed by at least 5% of the legal voters in each of two-thirds (at least) of the congressional districts of the state; such petition must be filed not more than 90 days after the final adjournment of the legislature; referred measures become law upon receiving a favourable majority of the popular vote. Among defeated amendments that are indicative of socio-political tendencies was one (1896) to authorize cities of a population of 30,000 or more to purchase, erect or maintain waterworks or lighting plants.

There is nothing extraordinary in the general judicial system. The civil law seems to have had only a tacit, and as soon as American immigration began a limited, application. The common law was introduced with the American settler, and after 1804 was the explicitly declared basis of judicature. Practically no trace of French and Spanish administration was left except in the land registers. The metropolitan primacy of St Louis and Kansas City is reflected in the general organization of the courts. The Bureau of Labor Statistics maintains free employment-bureaus in St Louis, Kansas City and St Joseph. There is also a State Board of Mediation and Arbitration to settle labour disputes. A Board of Railroad and Warehouse Commissioners, elected by the people, was established in 1875, under a provision of the constitution requiring the General Assembly to establish maximum rates and provide against discriminations.[4]

The homestead of a housekeeper or head of a family, together with the rents and products of the same, is exempt from levy and attachment except to satisfy its liabilities at the time he acquired it. A homestead so exempted is, however, limited to 18 sq. rods of ground and to $3000 in value if it is in a city having a population of 40,000 or more, to 30 sq. rods and $1500 in value if it is in a city having a population of 10,000 and less than 40,000, to 5 acres and $1500 in value if it is in an incorporated place having a population of less than 10,000, and to 160 acres and $1500 in value if it is in the country. A husband owning a homestead is debarred from selling or mortgaging it without the joinder of his wife, and if the husband dies leaving a widow or minor children the homestead passes to either or to both jointly, and may be so held until the youngest child is twenty-one years of age or until the marriage or death of the widow. The principal grounds for divorce are impotence, bigamy, adultery, conviction of felony or other infamous crime subsequent to the marriage or before the marriage if unknown to the other party, desertion or habitual drunkenness for one year, such cruel or barbarous treatment as to endanger the life of the other, such conduct as to render the condition of the other intolerable, and vagrancy of the husband; but before applying for a divorce the plaintiff must reside in the state for one year immediately preceding, unless the cause of action was given within the state or while the plaintiff was a resident of the state. A married woman may hold and manage property as if she were single. She is entitled to the wages for her separate labour and that of her children, and is not liable for her husband’s debts. A widow has a dower right to one-third of her husband’s real estate and to the share of a child in his personal estate. If a husband dies without leaving children or other descendants, the widow is entitled to all the real and personal estate which came to him by marriage, to what remains of the personal property which came into his possession by the written consent of his wife, and to one-half his other real and personal property at the time of his death. If a husband dies leaving descendants only by a former marriage, the widow may take in lieu of dower the personal property that came to him by means of marriage, or if there be children by both marriages she may take in lieu of her dower right to his real estate an absolute right therein equivalent to the share of a child. Her dower is not lost by a divorce resulting from the fault or misconduct of the husband. A widower is entitled to a share in his

wife’s personal estate equal to the share of a child, and if there are

  1. In 1900 only one person in six had both parents of foreign birth.
  2. St Louis was the capital in 1812–1820, St Charles in 1820–1826, and Jefferson City since 1826.
  3. After the proscriptive features of this constitution were abolished by amendments in 1870, however, there was no great discontent, and the vote for holding a constitutional convention in 1875 was very close: 111,299 to 111,016.
  4. In 1907, in Missouri, as in various other states, passenger rates were reduced by law to 2 cents per mile; but this law was declared unconstitutional in 1909.