SEC. 7054. Privilege of cross-examination. The parties shall also be allowed to attend the examination of witnesses before the committee, and to cross-examine them; but no testimony shall be taken except on points set forth in the petition. (R. S. 1889, § 4731.)

SEC. 7055. Report of committee-day for decision to be fixed.The committee shall report the facts to the house, and a day shall be fixed by a joint resolution for the meeting of the two houses, to decide upon the same, in which decision the ayes and nays shall be taken by the secretary of the senate and the clerk of the house, respectively, and shall be entered upon the journals. (R. S. 1889, § 4732.)

SEC. 7056. Supreme court shall hear and determine certain contests.-All contested elections for judge of the supreme court, judge of the St. Louis and Kansas City courts of appeals, superintendent of public schools, secretary of state, state auditor, state treasurer and attorney-general, shall be heard and determined by the supreme court, or any three judges thereof in vacation: Provided, that no judge of said court, who is a contestant or contestee in such election, shall be permitted to hear and determine the same. (R. S. 1889, § 4733.)

SEC. 7057. Petition, to be presented. If any person contest the election of any officer named in the preceding section, he shall present a petition to the supreme court at the first term held next after the election, or to any three judges thereof in vacation, within forty days. after such election, setting forth the points on which he will contest the same and the facts which he will prove in support of such points, and shall pray for leave to produce his proof. The contestee shall be served with a copy of such petition, and a notice of the time and place of the presentation of the same, ten days before the same shall be presented, and the contestee may, upon the presentation of such petition, file his answer thereto, specifying reasons why his election should not be contested. (R. S. 1889, § 4734-ss.)

SEC. 7058. Commissioner to take testimony.-Upon the presentation of such petition and answer, if one be made, the supreme court, or any three judges thereof, to whom the same may be presented in vacation, shall forthwith appoint a commissioner to take the testimony on the part of the petitioner, and also on the part of the person whose place is contested, at such times and places as such court or said three judges thereof in vacation shall by order direct, which order shall specify the points and facts in regard to which the testimony is to be taken, and further specify the time when the commissioner shall make his report to the court, or to said three judges thereof in vacation. (R. S. 1889, § 4735.)

SEC. 7059. Commissioner's power.-The commissioner, by virtue of his authority, shall have power to administer oaths and take depositions and compel the attendance of witnesses by summons and attachment, and to require them to testify. (R. S. 1889, § 4736.)

SEC. 7060. Commissioner shall proceed, how-parties may crossexamine. The commissioner shall proceed in all things in procuring the attendance of witnesses, and in taking and certifying testimony, as directed in the preceding section. The contestor and contestee shall have the right to attend the examination of the witnesses before said commissioner, and cross-examine them; but no testimony shall be taken, except on the points and as to the facts specified in the order of the court, or of the said judges thereof in vacation. (R. S. 1889, § 4737.)

(ss) 161 Mo. 48.

SEC. 7061. Contest for office of circuit judge.-All contested elections for judge of the circuit court shall be heard and determined before the circuit judge of an adjoining judicial circuit, whose place or residence is nearest to the residence of the contestee. (R. S. 1889, § 4738.)

SEC. 7062. Contest for office of circuit judge-proceedings.-—If any person contests the election of judge of the circuit court, he shall, within forty days after the election, file, in the office of the clerk of the circuit court of the county in which the contestee resides, a petition, setting forth the points on which he will contest the same and the facts which he will prove in support of such points and shall pray for leave to produce his proofs. (New section-*.)

SEC. 7063. Summons to be issued-returnable, when.-The clerk of the said circuit court shall issue summons upon said petition, immediately upon the filing thereof, which shall in all respects be as near as may be, the same as an ordinary summons, returnable to the next term of the circuit court of the said county: Provided, that such next term shall not be within thirty days, and if the next term of the said court is within thirty days of the filing of said petition, then it shall be returnable to the second term thereafter; the said summons shall be served by delivering a copy thereof with a copy of the petition to the contestee or by leaving the same with a member of his family over the age of fifteen years at his usual place of abode, or if the said contestee shall not be in the said county the said summons may be served by posting a copy thereof, together with a copy of the petition, in the office of the clerk of the said circuit court. (New section.)

SEC. 7064. Contestee to answer, when-jurisdiction.-Such contestee shall answer said petition within 30 days after the serving thereof, specifying reasons why his election should not be contested, and upon the filing of said answer, the said clerk shall immediately notify the judge of the circuit court, whose residence is nearest to the said court where the contest is filed of the filing of said petition and answer, and the said judge shall be possessed of said cause and have jurisdiction to try the same and may at once appoint a commissioner to take testimony in the same way and manner as provided for contest of state officers. Upon the hearing of said contest, either party may appeal from the judgment of the circuit court to the supreme court in the same way and manner as in ordinary civil cases. (New section.)

SEC. 7065. Supreme court to advance appeal on docket.-Upon any appeal being filed in the supreme court, it shall be the duty of the supreme court to advance for immediate hearing and determination, and during the pendency of such appeal the contestee shall continue to discharge his duties of office as though no contest was pending. Security for costs may be required the same as in civil cases. (New section.)

SEC. 7066. Shall be governed as in contests before supreme court.-The provisions of sections 7057, 7058, 7059 and 7060, concerning contests and proceedings therein in the supreme court and before the judges thereof, shall be applicable to and shall govern contests for the office of circuit judge, and proceedings therein in the circuit courts, and before the judges thereof. (R. S. 1889, § 4739.)

SEC. 7067. Certain contests in St. Louis.-All contested elections for judge of the criminal or probate court of St. Louis city shall be

(*) 164 Mo. 48.

heard and determined by the circuit court of that city. (R. S. 1889, § 4740.)

SEC. 7068. Proceedings, how conducted.-All proceedings for contesting elections, as provided for in the preceding section shall be conducted in all respects as provided for contesting elections of judges of circuit courts. (R. S. 1889, § 4741.)

SEC. 7069. Circuit attorney or assistant circuit attorney, contests, where heard.-If any election of any circuit attorney or assistant circuit attorney be contested, such contest shall be heard and determined by the circuit court of the county or city wherein either contestant or contestee resides. (R. S. 1889, § 4742.)

SEC. 7070. Proceedings in such cases.-All proceedings for contesting elections of circuit attorney, or assistant circuit attorney, shall be conducted in all respects as provided for contesting elections of judges of circuit courts. (R. S. 1889, § 4743.)

SEC. 7071. Right of appeal.-In all cases of contested elections the right of appeal shall exist, and appeals may be taken in the same time or manner and to the same courts as is or may be provided by law with respect to appeals in ordinary civil actions; and writs of error shall lie in such cases as in civil actions. In every such case of appeal a bond with sufficient sureties shall be given, conditioned for the payment of the costs accrued and to accrue in the cause; and a new bond shall be given when required by any court in which the cause may be pending. (R. S. 1889, § 4744—t.)

SEC. 7072. Compensation of judges and clerks of election.-All judges and clerks of election shall be allowed such compensation for their services in conducting elections and returning the poll-books and ballots to the county clerk's office, as the county courts of their respective counties may deem reasonable, not to exceed one dollar and fifty cents per day, to be paid out of the county treasury. (R. S. 1889, $ 4745.)

SEC. 7073. Fines, etc., how appropriated.-All fines, penalties and forfeitures herein imposed, and which are not hereinbefore otherwise appropriated, are appropriated to the school fund of the county. (R. S. 1889, § 4746.)

SEC. 7074. Provisions of this chapter to apply to St. Louis City, except.-Except as otherwise provided by law, the provisions of this chapter shall be applicable to the city of St. Louis the same as to counties, and the duties imposed on officers in counties shall likewise be imposed on the corresponding officers of said city. (R. S. 1889, § 4747 —u.)

SEC. 7075. Concealing, destroying, etc., tickets, unlawful.-It shall be unlawful for any person to steal or willfully conceal, deface, mutilate or destroy any tickets that may be furnished by any organization or individual at any voting place in this state on election day, whether said election be general, special or primary: Provided, that nothing in this section shall be so construed as in any manner to interfere with the right of the voter to erase or cause to be erased from his ticket the name of any candidate, and substituting on the margin thereof the name of the person for whom he intends to cast his vote. (R. S. 1889, § 4748.)

(t) 128 Mo. 497; 45 Mo. 232.

(u) 87 Mo. 487.

SEC. 7076. Penalty.-Any person violating the provisions of the preceding section shall be deemed guilty of a misdemeanor, and upon conviction shall pay a fine of not less than twenty-five nor more than one hundred dollars. (R. S. 1889, § 4749.)

ARTICLE II.

BALLOTS, VOTING, NOMINATIONS, ETC.

SEC. 7077. Ballots, printing-delivery-payment.-All ballots cast in elections for public officers within this state shall be printed and distributed at public expense, as hereinafter provided. The printing of the ballots and of the cards of instruction for the electors in each county, and the delivery of the same to the election officers, as provided in section 7099, shall be a county charge, except where the officers to be voted for are exclusively city officers, in which case such printing and delivery shall be a city charge, the payment of which shall be provided for in the same manner as the payment of other county or city expenses. (R. S. 1889, § 4756.)

SEC. 7078. Nomination of candidates.-Any convention of delegates or primary election as hereinafter defined, held for the purpose of making nominations to public office, and also electors to the number hereinafter specified, may nominate candidates for public offices to be filled by election within the state. Such nomination shall be made by filing a certificate of nomination, executed with the formalities prescribed for the execution of an instrument affecting real estate. (R. S. 1889, § 4757-v.)

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* [Sec. 7162 is inserted here to give it logical sequence. It is transposed from article on "Primaries."]

SEC. 7162. Judges of supreme or appellate courts, how nominated. Hereafter any judicial convention held for the purpose of nominating any judge or judges of the supreme court or of either of the courts of appeals, in this state, shall not be held at the same time and place at which any other convention is held for the nomination of other state officers in this state; and any such nomination of any such judicial officer or officers, made contrary to the provisions of this section, shall be deemed and taken to be null and void in law, and the secretary of state shall refuse to file any certificate of nomination signed and executed by the presiding officer and the secretary of such judicial convention. (New section.)

SEC. 7079. Certificates of nomination.-The certificate of nomination, which may consist of one or more writings, shall contain the name of the person nominated, his residence, occupation, and the office for which he is nominated, and also the name and residence of each signer. The certificate may also designate by a name the party or principle which such nominee shall represent. (R. S. 1889, § 4758.)

SEC. 7080. Certificates to be filed, where.-Certificates of nomination shall be filed with the secretary of state for nomination of candidates for offices to be filled by the electors of the entire state,

(v) 154 Mo. 608.

or any district or division of a greater extent than one county. For all other nominations to public offices, certificates of nomination shall be filed with the clerks of the county courts of the respective counties wherein the officers are to be filled by the electors. (R. S. 1889, § 4759.)

SEC. 7081. Convention of delegates defined.-A convention of delegates, within the meaning of this article, is a convention of delegates of any political party which at the last general election before such convention polled as a party at least three per cent. of the entire vote cast in the state, the county or other division or district for which the nomination is made. (R. S. 1889, § 4760.)

SEC. 7082. Primary election defined.—A primary election within the meaning of this article is an election held within this state, county, district or subdivision thereof, as the case may be, by the members of any political party, or by the voters of some political faith, for the purpose of nominating candidates for office: Provided, that the said party shall have cast at least three per cent. of the entire vote cast within the state, county, district or subdivisions thereof. (R. S. 1889, § 4761.)

SEC. 7083. Certificates to be signed. The certificates of nomination of a candidate for office, selected by any convention of delegates as herein defined, shall be signed and executed by the presiding officer and secretary of such convention. The certificate of nomination of a candidate for office, selected by any primary election as herein defined, shall be signed and executed by the presiding officer and secretary of the political committee under whose direction it is held: Provided, that in case of the death or inability of the presiding officer or secretary of said political convention or political committee to perform the duties herein required, the surviving qualified officer thereof shall sign and execute the certificate of nomination, which shall be accepted as if executed by both said officers. (R. S. 1889, § 4762, amended, Laws 1891, p. 133, amended, Laws 1893, p. 153.)

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SEC. 7084. Certificate to be signed by voters, when.-The certificate of nomination of a candidate selected otherwise than by a convention of delegates shall be signed by electors resident within the district, or political division for which the candidate is presented, to a number equal to one per cent. of the entire vote cast at the last preceding election in the state, the county or other division or district for which the nomination is made: Provided, that the number of signatures so required shall not exceed one thousand nor less than fifty; and provided further, that said signer shall declare in said certificate. they are bona fide supporters of the candidate sought to be nominated and have not aided and will not aid in the nomination of any other candidate for the same office. (R. S. 1889, § 4763, amended.)

SEC. 7084a. No part of name of existing party to be used by new political organization.-No political party hereafter organized nor any persons hereafter nominating any candidates for office by petition shall use any portion of the name of any political party now in existence, nor cause to be printed at the head of their ballots any name or names or device similar to that of any such existing parties. The secretary of state shall not certify nor shall the county clerk cause to be published or printed any such ballot. (Laws 1901, p. 144.)

SEC. 7085. Certificates to be preserved. The secretary of state shall cause to be preserved in his office all certificates of nomination filed therein under the provisions of this article, and the clerk of each county court shall cause to be preserved in his office all certificates of