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

56.

57.

See Notes 46, p. 341, and 57 following.

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

Section 1.

59. Reported by Committee on Practice of Law and Law Reform on November 8, as follows: 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 they shall and proceedings, both civil and criminal, of the courts of this State. 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 commisThey shall report the result of their sioners shall find practicable and expedient. 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 A minority of the committee and the compensation of said commissioners (p. 215). 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, And the comforms and proceedings, civil and criminal, of the courts of this State. missioners 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

this State; and they shall provide for the abolition of the distinct forms

now in use; and that justice may be administered in a uniform me

out reference to any distinction between law and equity, said e

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

Section 21. Every person of good moral character, being a voter, shall be entitled to admission to practice law in all Courts of justice. 60

ARTICLE 8.

EDUCATION.

Section 1. Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government; it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement; and to provide, by law, for a general and uniform system of Common Schools, wherein tuition shall be without charge, and equally open to all. 61

time to time report their proceedings to the General Assembly, at said session, for their consideration, and said commission shall expire with the adjournment of said session of the General Assembly (p. 773). After the report of the committee was made, the vote. on recommitting was reconsidered by a vote of 98-33 (p. 774). Passed on January 24, by a vote of 97-35 (p. 775). Reported by Committee on Revision on February 7 and concurred in (p. 940).

Proposed amendments: (1) providing that the commission shall not be composed of lawyers; subsequently withdrawn; (2) placing the work of revision in the hands of the General Assembly at its first session.

Proposed as additional sections:

Sec. 2. The commissioners contemplated in the first section of Article No. 34 of this Constitution, shall be elected by the qualified voters of the State.

Adopted and advanced to engrossment by a vote of 75-54 (pp. 777-79).

Sec. 3. The appointment of commissioners authorized by this Constitution, in Article 34, reported to this Convention, shall not be for more than twelve months, nor shall said commissioners receive exceeding three dollars per day for every day they shall be actively employed. Laid on the table by a vote of 77-47 (p. 830). Substitute proposed and rejected by a vote of 39-89:

Sec. 2. Said office of commissioner shall expire so soon as such revision and simplification shall be completed; and the whole compensation paid to each of said commissioners for such revision and simplification of practice and pleadings shall not exceed one thousand dollars (p. 777).

60. Reported by Committee on the Practice of Law on January 27, as follows: Section 1. Any person of good moral character and possessing the right of suffrage, shall be entitled to admission to practice in all the courts of this State (p. 796). Engrossed without amendment (p. 861). Passed on February 1, by a vote of 84-27 (p. 879). A proposed amendment that lawyers shall be required to possess requisite qualifications'' was rejected.

Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 18, 19, 20 and 21 were reported by the Committee on Revision on February 7 (pp. 938-40).

61.

Reported by the Committee on Education on December 11, as follows: Section 1. Knowledge and learning generally diffused through a community being essential to the preservation of a free government, it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement, and to provide by law for a general and uniform system of common schools, wherein tuition, as soon as circumstances will permit, shall be gratis, and equally open to all (p. 408). Engrossed for third reading as follows:

Section 1. Knowledge and learning generally diffused through a community being essential to the preservation of a free government, it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement, and to provide by law for a general and uniform system of common schools, wherein tuition shall be gratis and equally open to all (p. 801). Passed without vote on January 28 (p. 815). Reported by the Committee on Revision on February 7, and concurred in (p. 940).