Burns' Ann. Stat. 1914, § 8729, providing for making city assessments of lands outside of city by court is not violation of this section. Temperly v. City of Indianapolis, — Ind. 127 N. E. 149.

119.

Laws must be general.

The statute regulating the sale of merchandise in bulk is a general law, and operates in all parts of the state alike. Hirth-Krause Co. v. Cohen, 177 Ind. 1, 97 N. E. 1.

The statute of 1911, regulating the granting of licenses to sell intoxicating liquors is held to be a general law. Cox v. Timm, 182 Ind. 7, 105 N. E. 479. See note to Section 118 (Art. 4, § 22, Const. of Ind.).

Prosecuting attorneys being neither state nor county officers, they can not be removed from office under sections 7 or 8 of article 6 of the constitution, but such removal must be made under section 12 of article 7 of such instrument. State v. Patterson, 181 Ind. 660, 105 N. E. 228.

In view of this section, the County Unit Road Law is held not to violate article 3, § 1, because § 8 of the act gives the commissioners administrative powers and § 9 gives them judicial powers. Forrey v. Board of Comrs. of Madison Co., Ind.

126 N. E. 673.

The drainage act of 1913 does not violate the provision of the constitution vesting the judicial power of the state in certain courts. Bemis v. Guirl Drainage Co., 182 Ind. 36, 105 N. E. 496.

164. Jurisdiction of supreme court.

The constitution confers jurisdiction upon the supreme court in appeals and writs of error, and final jurisdiction in such cases can not be conferred upon any other court. Curless v. Watson, 180 Ind. 86, 102 N. E. 497.

Original jurisdiction may be conferred upon the supreme court by law, but each of the members of the court can not be made by law a separate court upon which original jurisdiction is conferred. In re Talbot, 58 Ind. App. 426, 108 N. E. 240.

171. Prosecuting attorneys.

Prosecuting attorneys are neither state nor county officers. State v. Patterson, 181 Ind. 660, 105 N. E. 228.

The office of prosecuting attorney is regarded as a judicial office, and the circumstances and conditions under which a prosecuting attorney will be disqualified to act, and the power of the court to appoint a special prosecutor, is considered. State ex rel. v. Ellis, 184 Ind. 307, 112 N. E. 98.

Under this section and § 12, a prosecuting attorney who, on return of indictment against his deputy, declared his belief of his innocence and stated that he would be an important witness for him, is disqualified from prosecuting the case. State ex rel. Williams v. Ellis, 184 Ind. 307, 112 N. E. 98.

There is no appeal after review by the circuit court of the action of board of finance of a school town in refusing to approve bond of depository.

Board of

Finance of School Town of Port Fulton v. First Nat. Bank of Jeffersonville, App. 124 N. E. 768.

172. Removal of judges and prosecutors.

Prosecuting attorneys can be removed from office only for the causes specified in this section of the constitution. State v. Patterson, 181 Ind. 660, 105 N. E. 228. This section of the constitution confers upon the supreme court original jurisdiction in proceedings for the removal of judges of courts for the causes specified in the section. State v. Redman, 183 Ind. 332, 109 N. E. 184.

See note to Section 171 (Art. 7, § 11, Const. of Ind.).

All persons who are shown to possess the qualifications prescribed by the constitution are entitled to be admitted to practice law. In re Boswell, 179 Ind. 292, 100 N. E. 833.

An application by a person to be admitted to practice law must be made in the county in which such person resides, and the supreme court may set aside an order admitting a person to practice in such court when such order was made on false information as to admission of such person to practice law in a circuit court. In re Holt, 183 Ind. 248, 108 N. E. 860.

The legislature under this section of the constitution had authority to enact the statute of 1913, known as the vocational education law. State ex rel. v. Meeker, 182 Ind. 240, 105 N. E. 906.

The power of the legislature to name the electorate for school elections does not of necessity extend to general elections. Board of Election Comrs. of City of Indianapolis v. Knight, 187 Ind. 108, 117 N. E. 565, 650.

183. Common school fund.

Lands that escheat to the state for the want of heirs become a part of the common school fund, and the legislature can not prevent the sale of such lands and thus prevent the schools from the benefit thereof. Donaldson v. State ex rel., 182 Ind. 615, 101 N. E. 485.

184. Principal a perpetual fund.

The common school fund can not be deprived of lands that escheat to the state for want of heirs. Donaldson v. State ex rel., 182 Ind. 615, 101 N. E. 485.

If the surface of land and the unmined coal therein belong to different persons, the coal may be assessed separately for taxation. Board of Comrs. v. Lattas Creek Coal Co., 179 Ind. 212, 100 N. E. 561.

Assessments against property for public improvements that are supposed to benefit the property, are not taxes within the meaning of the constitution exempting specified property from taxation. School Town v. Somerville, 181 Ind. 463, 104 N. E. 859.

Property of cemetery associations used exclusively for burial purposes may be exempted from taxation. Greenbush Cemetery Ass'n v. Van Natta, 49 Ind. App. 192, 94 N. E. 899.

The act of 1913, providing for the construction of drains and the issuance of bonds, does not authorize the county commissioners to pledge the credit of the county for the payment of the bonds. Thorlton v. Guirl Drainage Co., 184 Ind. 637, 112 N. E. 5.

Acts 1917, ch. 87 (sections 7671e to 7671i1, Supp. 1918), relating to improvement of highways, does not violate this section of the constitution. Wright v. House, 188 Ind. 247, 121 N. E. 433.

Acts 1915, ch. 31 (sections 8747d to 8747h), providing for joint, park-taxing districts formed by two or more cities, was held not to violate this section of the constitution, which relates to uniform and equal rate of taxation. Brown v. Baltimore, O. & C. R. Co., 186 Ind. 81, 115 N. E. 86.

The County Unit Road Law which excludes certain existing legislation held not to violate this section as to uniformity of taxation. Forrey v. Board of Comrs. of Madison Co., Ind., 126 N. E. 673.

This section requiring taxation of all property except that for educational, literary, etc., purposes is not contravened by Burns' Ann. Stat. 1914, § 10150. State ex rel. Daggy v. Allen, Ind., 127 N. E. 145.

Inheritance tax law may discriminate between relatives and strangers without violating this section of the constitution. Crittenberger v. State Savings & Trust Co., Ind., 127 N. E. 552.

An inheritance or succession tax law does not violate this section though made applicable to one class of persons or corporations and inapplicable to another class if uniform within the class. Crittenberger v. State Savings & Trust Co., Ind. ་ 127 N. E. 552.

An inheritance tax law providing for progressive rate of taxation does not violate this section relating to uniformity and equalization. Crittenberger v. State Savings & Trust Co., Ind., 127 N. E. 552.

Under this section of the constitution, a statute relating to taxation must provide for a uniformity and equality in assessment and rate of taxation, and a just valuation. Fesler v. Bosson, Ind. 19 128 N. E. 145.

198. Counties can not take stock.

Acts 1913, ch. 165, §§ 12, 15, 18, 19, 23, 24 (sections 8233m, 8233p, 8233s, 8233t.

8233x and 8233y), relating to drainage proceedings and drainage bonds and assessment of benefits, are not in violation of this section of the constitution prohibiting a county from loaning its credit to an incorporated company. Thorlton v. Guirl Drainage Co., 184 Ind. 637, 112 N. E. 5.

ARTICLE 11.-CORPORATIONS.

SEC.

212. General laws.

212.

General laws.

The act of 1907, authorizing the formation of companies for the manufacture and sale of electricity, does not violate the provision of constitution prohibiting the creation of corporations by special acts. Miller v. Southern Indiana etc. Co., 184 Ind. 370, 111 N. E. 308.

See note to Stat., §§ 5685-5691.

Acts 1907, ch. 172, relating to the formation of corporations to generate electricity for light and power, was held not special legislation within this section of the constitution. Miller v. Southern Indiana Power Co., 184 Ind. 370, 111 N. E. 308.

SEC.

ARTICLE 13.-MUNICIPAL DEBT.

220. Limited, excess, void.

220. Limited, excess, void.

The issuance of gravel road bonds is not governed by this section limiting indebtedness. Brown v. Guthrie, 185 Ind. 669, 114 N. E. 443.

A township warrant is a debt under the constitution and may not be issued to increase indebtedness under this article. Angola Brick etc. Co. v. Millgrove School Tp., App., 127 N. E. 855.

ARTICLE 14.-BOUNDARIES.

SEC.

221. State boundaries.

221. State boundaries.

The boundaries of Indiana were not fixed by the adoption of the state constitution, but by Congress and their recital in the Indiana Constitution is merely a memorandum thereof. Watts v. Evansville etc. R. Co., — App. —, 123 N. E. 709, ARTICLE 15-MISCELLANEOUS.

SEC.

223. Official appointments.

223. Official appointments.

SEC.

224. Duration of office.

This section does not authorize the legislature to define the persons who may participate in an election. Board of Election Comrs. of City of Indianapolis v. Knight, 187 Ind. 108, 117 N. E. 565, 650.

224. Duration of office.

The provision of the constitution prohibiting the legislature from creating offices the tenure of which is more than four years, does not prohibit the extension by law of the time for the election of the successors of such officers. Spencer v. Knight, 177 Ind. 564, 98 N. E. 342.

If there is no law fixing the term of a city attorney, such officer may be removed at any time by the power that made the appointment. State ex rel. v. Curtis, 180 Ind. 191, 102 N. E. 827.

See note to Stat., § 8695.

Under this section and Burns' Ann. Stat. 1914, § 8682, cl. 7, the city civil engineer of Terre Haute appointed by the mayor holds his office during the pleasure of the mayor, and is removable under § 8682 by notification of the mayor. City of Terre Haute v. Burns, App., 116 N. E. 604.

This section is violated by the statute extending the term of present incumbents in office. State ex rel. Maxwell v. Ellis, 186 Ind. 440, 116 N. E. 737.

SEC.

ARTICLE 16.-AMENDMENTS.

233. Adoption of amendments.

233. Adoption of amendments.

The legislature has no authority to draft a new constitution, or amendments to an existing constitution, and submit the same to the voters at the next general election. Ellingham v. Dye, 178 Ind. 336, 99 N. E. 1.

The supreme court of the United States in the case of Marshall v. Dye, 231 U. S. 250, held that it had no authority to review the decision made in this case. The legislature has no authority to provide for the calling of a convention to draft a new constitution before the question has been submitted to and favorably considered by the voters of the state. Bennett v. Jackson, 186 Ind. 533, 116 N. E. 921.

In order for the adoption of a proposed amendment to the constitution a majority of the voters of the state must vote in its favor, and if less than a majority vote for its adoption it is regarded as having been rejected and is no longer pending for disposal. In re Boswell, 179 Ind. 292, 100 N. E. 833.