health, morals or public welfare. Schmitt v. F. W. Cook Brewing Co., 187 Ind. 623, 120 N. E. 19.

Acts 1915, ch. 184, providing for licensing only such corporations as are organized for the purpose of redeeming trading stamps in cash or merchandise but not applying to other corporations and persons is repugnant to this section and U. S. Const. Amend. 14. Sperry & Hutchinson v. State, 188 Ind. 173, 122 N. E. 584. Primary Election law (Acts 1915, ch. 105, § 13), requiring candidates to pay into the state and county treasuries a certain fee is violative of this section of the constitution relating to privileges and immunities. Kelso v. Cook, 184 Ind. 173, 110 N. E. 987.

Primary Election law (Acts 1915, ch. 105, § 13), requiring candidates to pay into the state and county treasuries certain fees, although unconstitutional, does not affect the validity of the other provisions of the act. Kelso v. Cook, 184 Ind. 173, 110 N. E. 987.

Primary Election law (Acts 1915, ch. 105, § 14), relating to nomination of governor and United States senators by state-wide primary, but requiring nominations for other state officers to be by state convention, is not violative of this section of the constitution relating to privileges and immunities. Kelso v. Cook, 184 Ind. 173, 110 N. E. 987.

Primary Election law (Acts 1915, ch. 105, § 10), providing test as to qualification of voter at primary, is not violative of this section of the constitution relating to privileges and immunities. Kelso v. Cook, 184 Ind. 173, 110 N. E. 987.

Acts 1911, ch. 177, § 3, relating to the granting of certificates to pharmacists, is not in conflict with this section of the constitution relating to privileges and immunities. Indiana Board of Pharmacy v. Haag, 184 Ind. 333, 111 N. E. 178.

Burns' Ann. Stat. 1914, §§ 3920b-3928h are not in violation of this section of the constitution. Jackson v. Mauck, Ind., 126 N. E. 857.

This section is not violated by Burns' Ann. Stat. 1914, § 10150, exempting property of Greek letter fraternity. State ex rel. Daggy v. Allen, Ind. N. E. 20.

69. Ex post facto laws, impairing contracts.

127

A statute which extends the time for filing bills of exceptions is not to be regarded as an ex post facto law. Tarnowski v. Lake Shore etc. R. Co., 181 Ind. 202, 104 N. E. 16.

Statutes which revive claims that are barred by the statute of limitations do not impair the obligation of contracts. Jackson Hill Coal etc. Co. v. Board of Comrs., 181 Ind. 335, 104 N. E. 497.

Statutes may be passed in the exercise of the police power of the state which will apply to public service corporations acting under franchises previously obtained. Pittsburgh etc. R. Co. v. Chappell, 183 Ind. 141, 106 N. E. 403; Pittsburgh etc. R. Co. v. Home Ins. Co., 183 Ind. 355, 108 N. E. 525.

See note to section 10 (U. S. Const., Art. 1, § 10).

Under this section (Sections 10052x3 and 10052y3) and U. S. Const., Art. 1, § 10, when a water company surrendered its franchise a new contract was created, which was beyond the power of the state to modify by legislative enactment. Greensburg Water Co. v. Lewis, Ind. 128 N. E. 103.

70. Taking effect of laws.

Statutes which delegate to boards or commissions powers and a discretion to regulate the equipment and operation of railroad trains, are not in conflict with the section of the constitution which prohibits the passage of laws which shall take

effect upon any authority other than as provided by the constitution. Vandalia R. Co. v. Railroad Com., 182 Ind. 382, 101 N. E. 85. See 242 U. S. 255.

ARTICLE 2.-SUFFRAGE AND ELECTIONS.

Primary Election law (Acts 1915, ch. 105, § 10), providing qualification for voters at primary, is not violative of this section of the constitution providing for free and equal elections. Kelso v. Cook, 184 Ind. 173, 110 N. E. 987.

When the constitution defines the qualification of voters, such qualifications can not be changed nor added to by statute. State v. Shanks, 178 Ind. 330, 99 N. E. 481. The term "all elections," as used in the constitutional provision defining the qualification of voters, means elections where voters select for office a person from a number who are applicants for the office, and does not apply to persons who vote at primary elections to select candidates for office. Kelso v. Cook, 184 Ind. 173, 110 N. E. 987.

The act of 1917, Acts of 1917, p. 73, providing that women citizens of the United States of the age of twenty-one years, should be entitled to vote for the election of all elective officers not provided for in the state constitution, was held to be unconstitutional in the case of Board of Election Comrs. v. Knight, 187 Ind. 108, 117 N. E. 565, 650.

Primary Election law (Acts 1915, ch. 105, §§ 14, 15, 26, 27, 28, 29), making provision for second choice voting at primaries, is not violative of this section of the constitution, prescribing the qualifications of electors, nor of art. 5, § 5, since primary elections do not come within the purview of this constitutional provision. Kelso v. Cook, 184 Ind. 173, 110 N. E. 987.

The Primary Election law (Acts 1915, ch. 105) was held not invalid as contravening this section of the constitution, as providing different qualifications for voting at primary. Kelso v. Cook, 184 Ind. 173, 110 N. E. 987.

This section of the constitution does not by implication authorize the legislature to extend the voting franchise to persons not named in such section. Board of Election Comrs. of City of Indianapolis v. Knight, 187 Ind. 108, 117 N. E. 565, 650. In view of this section and Const., art. 2, § 13, the legislature does not have the power to change the electorate defined by the constitution. Board of Election Comrs. of City of Indianapolis v. Knight, 187 Ind. 108, 117 N. E. 565, 650.

The adoption in 1881 of an amendment to this section of the constitution, without making distinction between municipal and state elections, was held to overcome the prior legislative construction of such section. Board of Election Comrs. of City of Indianapolis v. Knight, 187 Ind. 108, 117 N. E. 565, 650.

Acts 1917, ch. 31, being the partial suffrage act, is held invalid. Board of Election Comrs. of City of Indianapolis v. Knight, 187 Ind. 108, 117 N. E. 565, 650.

Courts can only disfranchise persons and render them ineligible to hold office as a part of the punishment for criminal offenses when such power is given by statute. Dorsey v. State, 179 Ind. 531, 100 N. E. 369.

90. Holding of lucrative offices.

The conferring by statute of additional administrative duties upon officers, does not violate the constitutional provision against the same person holding more than one lucrative office at the same time. State ex rel. v. Hart, 181 Ind. 592, 105 N. E. 149.

94. Method of elections.

The provision of the constitution requiring all elections by the people to be by ballot, does not prevent the use of voting machines at elections. Spickerman v. Goddard, 182 Ind. 523, 107 N. E. 2.

See note to section 84.

The Primary Election law (Acts 1915, ch. 105, § 10) providing test for qualification of voters at primary is not violative of this section of the constitution. Kelso v. Cook, 184 Ind. 173, 110 N. E. 987.

Primary Election law (Acts 1915, ch. 105, § 10) providing oath of party allegiance is not violative of this section of the constitution. Kelso v. Cook, 184 Ind. 173, 110 N. E. 987.

95. Time of elections.

The section of the constitution fixing the time for holding general elections does not prevent the legislature from extending the time for electing judges of statutory courts from one general election to another. Spencer v. Knight, 177 Ind. 564, 98 N. E. 342.

SEC.

ARTICLE 3.-DISTRIBUTION OF POWERS.

96. Departments of government.

96. Departments of government.

Board of county commissioners belong to the judicial department of the state government. Jay v. O'Donnell, 178 Ind. 282, 98 N. E. 349.

See note to Section 160 (Art. 6, § 10, Const. of Ind.).

97. The general assembly, legislative authority.

The legislative authority conferred upon the general assembly by the constitution does not authorize such body to draft a new constitution and submit the same to the electors of the state for approval or rejection. Ellingham v. Dye, 178 Ind. 336, 99 N. E. 1.

The statute which confers upon the railroad commission certain powers as to the regulation of the equipment of railroad trains, does not confer legislative power on such commission. Vandalia R. Co. v. Railroad Com., 182 Ind. 382, 101 N. E. 85. See 242 U. S. 255.

This section of the constitution does not authorize the legislature to call a constitutional convention without authority from the people. Bennett v. Jackson, 186 Ind. 533, 116 N. E. 921.

101. Apportionment of representation.

If a statute authorizes boards of county commissioners to divide counties into legislative districts, such boards can not be enjoined from acting on the ground that the statute is unconstitutional. Board of Comrs. v. Jewett, 184 Ind. 63, 110 N. E. 553.

115. Subject-matter and title to acts.

The word "subject" in the section of the constitution concerning the subject and title to acts means the thing about which the legislation is had, and the word "matters" has reference to the incidents or secondary things necessary to provide for the enforcement of the act. Board of Comrs. v. Scanlan, 178 Ind. 142, 98 N. E. 801.

Section 16 of the act of 1909, on the subject of the disposal of criminals who are found not guilty on the ground of insanity, is not covered by the title to the act. Morgan v. State, 179 Ind. 300, 101 N. E. 6.

The title to the act of 1913, providing for restoring disbarred attorneys to their rights is not sufficient to cover the provisions of the act conferring original jurisdiction in such cases on the judges of the supreme and appellate courts. In re Talbot, 58 Ind. App. 426, 108 N. E. 240.

The title to the act of 1911 regulating the sale of milk is sufficient. State v. Closser, 179 Ind. 230, 99 N. E. 1057.

The title to mechanics' lien law covers the section giving contractors and subcontractors liens, prior cases holding the contrary being overruled. Moore-Mansfield etc. Co. v. Indianapolis etc. R. Co., 179 Ind. 356, 101 N. E. 296.

The title to the act of 1911, to prohibit the sending of claims against citizens out of the state for collection, is sufficient to cover all its provisions. Anderson v. Knotts, 181 Ind. 434, 104 N. E. 754.

The title to the drainage law of 1913, is sufficient. Bemis v. Guirl Drainage Co., 182 Ind. 36, 105 N. E. 496.

The title to the act of 1909, concerning the headlights on railroad locomotives, is sufficient to cover the provisions of the act. Vandalia R. Co. v. Railroad Com., 182 Ind. 382, 101 N. E. 85.

The provision in the mechanics' lien law of 1909, as to the giving of notice to the owner of the property of liens and limiting his liability, is covered by the title to the act. Halstead v. Olney etc. Co., 182 Ind. 446, 105 N. E. 903.

The title to the act of 1903, authorizing the consolidation of street railroad companies, is sufficient to cover the subject of the act. Norton v. Union Traction Co., 183 Ind. 666, 110 N. E. 113.

Acts 1913, ch. 165, relating to drainage associations is not violative of this section as to the title of the act. Bush v. State ex rel. Werneke, 187 Ind. 339, 119 N. E. 417. See note to sections 5690, 8692.

Acts 1917, p. 33, amending Acts February 22, 1911, § 7, relating to the Lake Superior Court, was held not unconstitutional as embracing more than one subject. State ex rel. Dearbeyne v. Greenwald, 186 Ind. 321, 116 N. E. 296.

Acts 1917, ch. 4, prohibiting keeping of intoxicants with intent to sell, does not violate this section of the constitution in that its title is not broad enough to cover the penalty provided. Dillon v. State, 188 Ind. 603, 125 N. E. 37.

Acts 1917, ch. 4, relating to keeping intoxicating liquors, their sale or disposal, does not violate this section relating to its title. James v. State, 188 Ind. 579, 125 N. E. 211.

The County Unit Road Law is held not to violate this section as not corresponding with title, "gift bonds" being broad enough to include all bonds issued by county

officials to be paid for by a levy on the special taxing district. Forrey v. Board of Comrs. of Madison Co., Ind. 126 N. E. 673.

The purported amendment of the section of a statute that has been previously amended is of no effect, and if at the same session of the legislature two acts are passed amending the same section, and one act has an emergency clause and takes effect at once, and the other act has no such clause, the latter act will be of no effect. Metsker v. Whitsell, 181 Ind. 126, 103 N. E. 1078.

The act of 1867, repealing all previous acts purporting to amend statutes that did not comply with the decision of the supreme court in Langdon v. Applegate, 5 Ind. 327, was a valid statute, and such act repealed the act of 1853 which purported to amend section 26 of the statute regulating descent of property passed in 1852. Bruns v. Cope, 182 Ind. 289, 105 N. E. 471.

See note to Burns' Ann. Stat. 1914, section 1477.

118. Local or special laws.

The act of 1911, providing for the election of probate, juvenile and superior court judges, is not unconstitutional because it is a local or special law. Spencer v. Knight, 177 Ind. 564, 98 N. E. 342.

The act of 1905, regulating the practice and evidence in actions against common carriers, is not in violation of the provision of the constitution against the passage of local laws regulating the practice in courts of justice. Cleveland etc. R. Co. v. Blind, 182 Ind. 398, 105 N. E. 483.

The act of 1903, in reference to certain lands escheated to the state in Monroe and Lawrence counties, held to be invalid because of its being a special law for the support of common schools. Donaldson v. State ex rel., 182 Ind. 615, 101 N. E. 485. The act of 1911, authorizing prosecuting attorneys to prosecute actions to recover illegal allowances, is not a local or special law. Haun v. State ex rel., 183 Ind. 153, 108 N. E. 519.

Acts 1911, ch. 18, § 7, relating to the Lake Superior Court, is not violative of this section of the constitution relating to local and special laws. State ex rel. Dearbeyne v. Greenwald, 186 Ind. 321, 116 N. E. 296.

The question whether a general law instead of a special law can be made applicable is not a judicial question or subject to review by the courts, but is conclusive and final upon legislative determination. Crist v. Moloney, 187 Ind. 614, 119

N. E. 1001.

It is conclusively decided that under this section of the constitution providing that the general assembly shall not pass local or special laws regulating county or township business that the relocation of county seat is not "county business." Crist v. Moloney, 187 Ind. 614, 119 N. E. 1001.

Under this section holding an act prohibiting the manufacture, sale, gift, advertisement or transportation of intoxicating liquor is not void because it gives the right to register pharmacists to deal in intoxicants under certain restrictions. Schmitt v. F. W. Cook Brewing Co., 187 Ind. 623, 120 N. E. 19.

Under this section and § 23, forbidding local laws where general laws can be made applicable, Burns' Ann. Stat. 1914, §§ 10435-10437, 10439, relating to trademarks on bottles, etc., are violative of the constitution. State v. Wiggam, 187 Ind. 159, 118 N. E. 684.

Acts 1917, ch. 87, relating to the improvement of highways, is in no sense a local or special law within the inhibition of this section. Wright v. House, 188 Ind. 247, 121 N. E. 433.