Section 6. The General Assembly shall provide, by law, for the speedy publication of the decisions of the Supreme Court, made under this Constitution; but no judge shall be allowed to report such decisions.45

Section 7. There shall be elected by the voters of the State, a Clerk of the Supreme Court, who shall hold his office four years, and whose duties shall be prescribed by law.46

Section 8. The Circuit Courts shall each consist of one Judge and shall have such civil and criminal jurisdiction as may be prescribed by law.47

should be elected by popular vote (p. 707). The following section was proposed by Mr. Gibson on January 27, adopted and ordered engrossed:

Sec. 11. It shall be the duty of the Supreme Court on the decision of every cause, to give a brief statement, in writing, of the questions arising therein, and their decision of each question respectively (p. 803). Passed without vote on January 28 (p. 818). A proposed amendment to provide for the election of the reporter of the Supreme Court by the qualified voters, was rejected by a vote of 56-66.

45. Submitted as an additional section on January 17 by Mr. Hovey, and adopted.

Sec. 13. No judge shall be allowed to report the decisions of the Supreme Court (p. 708). Amended by unanimous consent on third reading on January 18, as follows and passed without vote.

Sec. 13. The General Assembly shall provide by law for the speedy publication of the decisions of the Supreme Court, but no judge shall be allowed to report the decisions of said court (p. 715).

46. Reported by Committee on Organization of Courts of Justice on November 7, as follows:

Sec. 4. The Supreme Court shall appoint its own clerk who shall hold his office for six years, if he shall so long behave well; and whose duty shall be prescribed by law (p. 207). A minority of the Committee on Organization of Courts of Justice submitted the following section:

Sec.-.

There shall be a clerk of the Supreme Court elected by the electors of the whole State, who shall hold his office six years, if he shall so long behave well, and whose duty shall be prescribed by law (p. 209). Engrossed for third reading as follows:

Sec. There shall be a clerk of the Supreme Court elected by the electors of the whole State, who shall hold his office four years if he shall so long behave well, and whose duty shall be prescribed by law (p. 706). Passed without vote on January 18 (p. 715).

47.

Reported by Committee on Organization of Courts of Justice on November

7, as follows:

Sec. 8. The circuit court shall be composed of one judge only who shall hold at least three courts every year, in each county in his circuit, and shall have such civil and criminal jurisdiction as may be prescribed by law (p. 208). Laid on the table on second reading with the following pending amendment: The circuit court shall be composed of one judge only, who shall hold in every year at least two terms of circuit court, and at least three terms of probate court in each county of his circuit: Provided, The circuit and probate courts shall be held at separate terms, and shall in no case be joined together (p. 708). Taken from the table; the pending amendment was laid on the table by a vote of 78-48. Engrossed as follows:

Sec. 8. The circuit court shall consist of one judge only, and it shall have such civil and criminal jurisdiction as may be prescribed by law (p. 724). Passed without vote on January 21 (p. 739).

Proposed amendments: (1) authorizing the legislature, after 1860, to abolish probate courts and confer their jurisdiction on other courts; (2) The State shall be divided into a suitable number of circuits for the decision and determination of causes

Section 9. The State shall, from time to time, be divided into judicial circuits; and a judge for each circuit shall be elected by the voters thereof. He shall reside within the circuit, and shall hold his office for the term of six years, if he so long behave well. 48

Section 10. The General Assembly may provide, by law, that the Judge of one circuit may hold the Courts of another circuit, in cases of necessity or convenience; and in case of temporary inability of any Judge, from sickness or other cause, to hold the Courts in his circuit, provision may be made, by law, for holding such courts.49

Section 11.

There shall be elected, in each judicial circuit, by the voters thereof, a Prosecuting Attorney, who shall hold his office for two years.50

relating to the probate of last wills and testaments, and the settlement of decedents' estates and causes relating thereto, and also into a suitable number of circuits for the decision of other causes, both civil and criminal, whose powers and duties shall be prescribed by law. Rejected by a vote of 36-86.

48. Reported by Committee on Organization of Courts of Justice on November 7, as follows:

Sec. 7. The State shall be divided into at least twenty circuits, and a circuit judge shall be elected by the electors in each circuit, and shall reside therein; and shall hold his office six years, if he shall so long behave well (p. 208). Laid on the table on second reading with pending amendments providing: (1) that the State shall be divided into a suitable number of judicial circuits, and one circuit judge shall be elected by the electors of each, and shall reside therein. He shall hold his office four years if he shall so long behave well; but he shall not be eligible to the office of circuit judge more than eight years in any term of twelve years; (2) that the State be divided into twenty-four circuits (p. 708). Subsequently the section was taken up; one of the pending amendments was withdrawn and the other rejected. Engrossed for third reading as follows:

Sec. 7. The State shall be divided into circuits, and a circuit judge shall be elected by the electors in each circuit, and shall reside therein; and shall hold his office six years, if he shall so long behave well, and no person elected to any judicial office in this State, shall, during the term for which he is elected, be eligible to any other office of trust or profit under the State (pp. 719-20). Passed on January 21 by a vote of 8639 (p. 738).

Amendments proposed and rejected: (1) a proposal to elect judges for four instead of six years was rejected by a vote of 52-72; (2) providing that a judge shall not be eligible to any other office during the time for which he was elected, nor eligible to the same office more than six years in any term of twelve. Rejected by a vote of 27-96. 49. Reported by Committee on Organization of Courts of Justice on November 7, as follows:

Sec. 9. The legislature may provide by law that the judge of one circuit may hold the courts of another circuit, in cases of necessity or convenience (p. 208). Engrossed for third reading without amendment (p. 708). Passed without vote on January 18 (p. 715).

50. Reported by Committee on Organization of Courts of Justice on November 7, as follows:

Sec. 2. There shall be elected in each judicial circuit, by the electors thereof, a prosecuting attorney, who shall hold his office for two years, and until his successor is elected and qualified (p. 209). Engrossed without amendment (p. 723). Passed on January 21, without vote (p. 739).

Proposed amendments: (1) providing for the election of a prosecuting attorney for each county. Rejected by a vote of 23-93; (2) authorizing the legislature to prescribe districts wherein prosecuting attorneys shall be elected.

Section 12. Any Judge, or Prosecuting Attorney, who shall have been convicted of corruption or other high crime, may, on information in the name of the State, be removed from office by the Supreme Court, or in such other manner as may be prescribed by law, 51

Section 13. The judges of the Supreme Court and Circuit Courts shall, at stated times, receive a compensation, which shall not be diminished during their continuance in office. 52

Section 14. A competent number of Justices of the Peace shall be elected, by the voters in each township in the several counties. They shall continue in office four years, and their powers and duties shall be prescribed by law. 53

Section 15. All judicial officers shall be conservators of the peace in their respective jurisdictions. 54

Section 16. No person elected to any judicial office, shall, during the term for which he shall have been elected, be eligible to any office of trust or profit, under the State, other than a judicial office. 55

51.

Reported by Committee on Impeachments on December 18, as follows: Sec.

Any judge being convicted on indictment of any felony or corruption in office, may be removed from office by the judgment of the Supreme Court, on information in the name of the State (p. 462). Advanced to engrossment as follows: Sec.-. Any judge being convicted of any felony or corruption in office, may be removed from office by the judgment of the Supreme Court, on information in the name of the State (p. 825). Passed on January 30, without vote (p. 835).

52. Proposed as an additional section by Mr. Howe on February 3.

Sec. 3. The judges of the Supreme Court, the circuit court and other inferior courts shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office (p. 891). Engrossed without amendment. Passed without vote on February 4 (p. 899); given as Sec. 2.

53. Reported by Committee on Organization of Courts of Justice on November 7, as follows:

Sec. 11. There shall be a competent number of justices of the peace elected by the electors in each township in the several counties, and who shall continue in office five years, if they shall so long behave well, whose powers and duties shall be regulated and defined by law (p. 208). Laid on the table on second reading (p. 709). The following section was reported by the Committee on County and Township Organization on October 29.

Sec. 4. A competent number of justices of the peace shall be elected by the qualifled electors in each township, and shall continue in office four years, if they shall so long behave well, whose powers and duties shall be prescribed by law (p. 150). Engrossed as follows:

Sec. 4. A competent number of justices of the peace shall be elected by the qualifled electors in each township, and shall continue in office four years and until their successors are elected and qualified, if they shall so long behave well, whose powers and duties shall be prescribed by law (p. 312). Passed on December 3 by a vote of 114-1. This is given in the Journal as Sec. 2, but this is evidently incorrect (p. 338). 54. Reported by Committee on Organization of Courts of Justice on November 7, as follows:

Sec. 12. All judicial officers of this State shall be conservators of the peace in their respective jurisdictions (p. 208). Engrossed for third reading without amendment (p. 710). Passed without vote on January 18 (p. 715).

Section 17. The General Assembly may modify, or abolish, the Grand Jury system.56

Section 18. All criminal prosecutions shall be carried on, in the name, and by the authority of the State; and the style of all process shall be: "The State of Indiana."57

Section 19. Tribunals of conciliation may be established, with such powers and duties as shall be prescribed by law; or the powers and duties of the same may be conferred upon other Courts of Justice; but such tribunals or other Courts, when sitting as such, shall have no power to render judgment to be obligatory on the parties, unless they voluntarily submit their matters of difference, and agree to abide the judgment of such tribunal or Court. 58

Section 20. The General Assembly, at its first session after the adoption of this Constitution, shall provide for the appointment of three Commissioners, whose duty it shall be to revise, simplify, and abridge, the rules, practice, pleadings, and forms, of the Courts of justice. And they shall provide for abolishing the distinct forms of action at law, now in use; and that justice shall be administered in a uniform mode of pleading, without distinction. between law and equity. And the General Assembly may, also, make it the duty of said Commissioners to reduce into a systematic code, the general statute law of the State; and said Commissioners shall report the result of their labors to the General Assembly, with such recommendations and suggestions, as to abridgement

57. Reported by Committee on the Practice of Law and Law Reform on November 6, as follows:

Section 1. All prosecutions shall be carried on in the name of and by the authority of this State; and the style of all process shall be The State of Indiana'' (p. 202). Engrossed for third reading as follows:

Section 1. All criminal prosecutions shall be carried on in the name of, and by the authority of this State; and the style of all process shall be "The State of Indiana (p. 702). Passed without vote on January 18 (p. 710).

58. Reported by Committee on the Practice of Law and Law Reform on December 28, as follows:

Sec.-. Tribunals of conciliation may be established with such powers and duties as shall be prescribed by law, or the powers and duties of such tribunals may be conferred upon any of the other courts of this State; but such tribunals and other courts, when sitting as such tribunals, shall have no power to render judgment to be obligatory on the parties, except they voluntarily submit their matters in difference, and agree to abide the judgment, or assent thereto, in the presence of such tribunals or court, in such cases as shall be prescribed by law (p. 553). Advanced to engrossment by a vote of 72-52 (p. 829). Passed on January 30 by a vote of 77-43 (p. 836).

Amendments proposed: (1) to insert **shall'' instead of ''may'' in requiring the establishment of tribunals of conciliation. Rejected by a vote of 17-95; (2) to provide that decisions of courts of conciliation shall be final between the parties. Proposed as an additional section:

Sec. 2. Any suitor in any court of this State, shall have the right to prosecute or defend his suit, either in his own proper person or by an attorney or agent of his choice. Rejected (p. 829).

and amendment, as to said Commissioners may seem necessary or proper. Provision shall be made, by law, for filling vacancies, regulating the tenure of office, and the compensation of said Commissioners. 59

59. Reported by Committee on Practice of Law and Law Reform on November 8, as follows:

Section 1. The General Assembly at its first session after the adoption of this Constitution, shall provide for the appointment of three commissioners, whose duty it shall be to revise, reform, simplify, and abridge the rules and practice, pleadings, forms, and proceedings, both civil and criminal, of the courts of this State. And they shall provide for the abolition of the distinct forms of actions at law now in use, and that justice may be administered in a uniform mode of pleading without reference to any distinction between law and equity. And the General Assembly may also make it the duty of said commissioners to reduce into a systematic code the General Statute Law of this State; and said commissioners shall from time to time, report the result of their labors to the General Assembly, with such recommendations and suggestions as to abridgement and amendment as to said commissioners may seem necessary. Provision shall be made by law for filling vacancies, regulating the tenure of office, and the compensation of said commissioners (p. 214).

A minority of the committee reported the following section:

Sec.-.

The General Assembly, at its first session after the adoption of this Constitution, shall provide for the election, by the people, of three commissioners, whose duty it shall be to revise, reform, simplify, and abridge the rules and practice, pleadings, forms and proceedings, both civil and criminal, of the courts of this State; and they shall provide for the abolition of the distinct forms of action at law now in use; and that justice may be administered in a uniform mode of pleading, without reference to any distinction between law and equity. And the General Assembly may also make it the duty of said commissioners to reduce into a written and systematic code, the whole body of the laws of this State, or so much and such parts thereof as said commissioners shall find practicable and expedient. They shall report the result of their labors, from time to time to the General Assembly, for their modification and adoption. Provision shall be made by law for filling vacancies, regulating the tenure of office and the compensation of said commissioners (p. 215). A minority of the committee reported the following section:

Section 1. The General Assembly, at its first or some subsequent session after the adoption of this Constitution, may provide for the appointment of three commissioners, whose duty it shall be to revise, reform, and simplify the rules, practice, forms and proceedings, civil and criminal, of the courts of this State. And the commissioners shall provide for the abolition of the distinct forms of action now in use. And they shall, from time to time, as their labors progress, report their proceedings to the General Assembly, with such suggestions and recommendations as to said commissioners may seem proper.

Sec. 2. The General Assembly may also make it the duty of said commissioners to reduce into a systematic code, the general statute laws of this State; and they shall, from time to time, report the result of their labors to the General Assembly, with such recommendations and suggestions as to abridgments and amendments as to said commissioners may seem necessary (p. 216). Engrossed without amendment by a vote of 92-30 (p. 742). Recommitted on third reading by a vote of 65-63, with instructions to amend as follows:

Section 1. At the first session after the adoption of this Constitution the General Assembly shall revise and simplify the rules, practice, and pleadings, both criminal and civil, in the courts of this State, or appoint one commissioner to effect that object (p. 765). Reported back to the Convention as follows:

Section 1. The General Assembly, at its first session after the adoption of this constitution shall, at the first of the session, provide for the appointment of three commissioners, whose duty it shall be to revise, reform, simplify, and abridge the rules and practice, pleadings, forms, and proceedings both civil and criminal, of the courts of this State; and they shall provide for the abolition of the distinct forms of action of law now in use; and that justice may be administered in a uniform mode of pleading without reference to any distinction between law and equity, said commissioners shall from