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Proposed amendments: (1) providing that the commission shall not be composed of lawyers; subsequently withdrawn; (2) placing the work of revision in the hands of the General Assembly at its first session.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

Section. 2. The Common School fund shall consist of: the Congressional Township fund, and the lands belonging thereto; The Surplus Revenue fund;

The Saline fund and the lands belonging thereto;

The Bank Tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the State Bank of Indiana;

The fund to be derived from the sale of county seminaries, and the moneys and property heretofore held for such Seminaries; from the fines assessed for breaches of the penal laws of the State; and from all forfeitures which may accrue;

All lands and other estate which shall escheat to the State, for want of heirs or kindred entitled to the inheritance;

All lands that have been, or may hereafter be, granted to the State, where no special purpose is expressed in the grant, and the proceeds of the sales thereof; including the proceeds of the sales of the swamp lands, granted to the State of Indiana by the act of Congress of the twenty-eighth of September, eighteen hundred and fifty, after deducting the expense of selecting and draining. the same;

Taxes on the property of corporations, that may be assessed by the General Assembly for common school purposes. 62

62.

Reported by the Committee on Education on December 11, as follows: Sec. 4. The common school fund shall consist of the congressional township fund and the lands belonging thereto, the surplus revenue fund, the saline fund and the land belonging thereto, the bank tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the State bank of Indiana, the fund derived from the sale of county seminaries, and the moneys and property heretofore held for such seminaries, the fines assessed for any breach of the penal laws of this State, and all forfeitures which may accrue, all lands and other estate which shall escheat to this State for want of heirs or kindred entitled to the inheritance, all lands that have been, or may hereafter be granted to this State, where no special purpose is expressed in the grant, and the proceeds of the sales thereof, all corporation taxes that may be assessed by the General Assembly for common school purposes, as hereinafter provided. The several counties of this State shall be held liable for the preservation of so much of the said funds as may be intrusted to them, and the payment of the annual interest thereon (p. 408). Engrossed for third reading as follows:

Sec. 4. The common school fund shall consist of the congressional township fund and the lands belonging thereto, the surplus revenue fund, the saline fund and the land belonging thereto, the bank tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the State bank of Indiana, the fund derived from the sale of county seminaries, and the moneys and property heretofore held for such seminaries, the fines assessed for any breach of the penal laws of this State, and all forfeitures which may accrue, all lands and other estate which shall escheat to this State for want of heirs or kindred entitled to the inheritance, all lands that have been, or may hereafter be granted to this State, where no special purpose is expressed in the grant, and the proceeds of the sales thereof, all corporation taxes that may be assessed by the General Assembly for common school purposes, as hereinafter provided. The several counties of this State shall be held liable for the preservation of so much of the said funds as may be intrusted to them, and the payment of the annual interest thereon. The net proceeds of the sales of the Swamp Lands'', granted to the State of Indiana by the act of Congress of 28th September, 1850, after deducting the expenses

Section 3. The principal of the Common School fund shall remain a perpetual fund, which may be increased, but shall never be diminished; and the income thereof shall be inviolably appropriated to the support of Common Schools, and to no other purpose whatever, 63

Section 4. The General Assembly shall invest, in some safe and profitable manner, all such portions of the Common School fund as have not heretofore been entrusted to the several counties; and shall make provision, by law, for the distribution, among the several counties of the interest thereof.

Section 5. If any county shall fail to demand its proportion of such interest, for Common School purposes, the same shall be reinvested, for the benefit of such county. 64

Section 6. The several counties shall be held liable for the preservation of so much of the said fund as may be entrusted to them, and for the payment of the annual interes thereon, 65

of draining the same, as contemplated by that act, and the expenses of selecting the same (p. 808). Passed on January 28 by a vote of 112-8 (p. 816). Reported by the Committee on Revision on February 7, divided into two sections constituting Sections 2 and 6 of Article 8 of the Constitution as adopted (pp. 940, 953).

Proposed amendments: (1) providing that the State debt shall first be paid before diverting the designated funds to the use of common schools; (2) to strike out the funds derived from the sale of county seminaries and the money and property formerly held by such seminaries; (3) provided, That all claims against any of the county seminaries arising out of the donations for their construction, shall first be paid out of the proceeds of such fund; (4) the sale of any county seminary shall be made subject to all debts, contracts, liabilities, mortgages, or other conveyances of the same in any manner whatever; (5) to eliminate the provision holding counties liable for the preservation of funds entrusted to them and the payment of annual interest; (6) all moneys arising from fines and forfeitures under the penal laws of this State, shall be appropriated exclusively to the use of common schools in the township where the breach of the penal laws may have been committed; (7) provided, that said fund shall revert to the counties for common school purposes, and to individuals who have contributed to said seminary in such proportion as such contributions respectively bear to the whole amount expended for the erection of buildings, procuring lands, etc.

63.

Reported by Committee on Education on December 11, as follows:

Sec. 6. The principal of all the said common school funds shall be and remain a perpetual fund, which may be increased, but shall never be diminished, the interest and income of which shall be inviolably appropriated to the maintenance of common schools, and to no other purpose whatever (p. 409). Advanced to engrossment without amendment (p. 823). Passed without vote on January 30 (p. 839). Reported by the Committee on Revision on February 7, and concurred in (p. 953).

64. Reported by Committee on Education on December 11, as follows: Sec. 7. The General Assembly shall invest in some safe and profitable manner, all such portions of the said common school fund, as have not heretofore been intrusted to the several counties, and make provision by law for the distribution of the interest thereof: Provided, That each county shall be entitled to its proportion of the interest and income of said fund, and if not demanded for common school purposes, shall be invested for the benefit of such county (p. 409). Engrossed without amendment (p. 823). Passed without vote on January 30 (p. 840). Reported by the Committee on Revision on February 7, distributed so as to constitute Sections 4 and 5 of Article 8 of the Constitution as adopted, and concurred in (p. 953).

Section 7. All trust funds, held by the State, shall remain inviolate, and be faithfully and exclusively applied to the purposes for which the trust was created. 66

Section 8. The General Assembly shall provide for the election, by the voters of the State, of a State Superintendent of Public Instruction; who shall hold his office for two years, and whose duties and compensation shall be prescribed by law. 67

66. Proposed as an additional section on January 27 by Mr. Pettit; adopted by a vote of 81-41 and ordered engrossed.

Sec. 12. All trust funds held by the State shall be faithfully applied to the purposes for which the trust was created (p. 804). Passed by a vote of 73-48 on June 28 (p. 819). Reported by the Committee on Revision on February 7, and was concurred in (p. 954).

The following amendments were proposed and rejected by a vote of 56-68: (1) nothing in this section shall be so construed as to permit the General Assembly from applying the fund and property known as the University Fund, to the use of common schools, with the consent of the Government of the United States; (2) but the General Assembly, with the consent of Congress, shall have the power to convert the State University trust fund to common school education. Rejected by a vote of 58-64. Proposed additional sections:

Sec. 13. Every bank established under this Constitution shall pay one quarter of one per centum bonus, on the capital stock for common school purposes; and each bank dividing ten per centum, or over, profit, on the capital stock established as aforesaid, shall, in like manner, pay over to the State for the use of common schools the half of one per centum on the capital stock of each branch. Laid on the table (p. 808).

Sec. -. The fines and forfeitures now constituting the seminary fund shall in no case be applied to common school purposes, until all the debts of such seminary, heretofore contracted, be fully paid. Rejected (p. 816).

Sec. 14. The General Assembly shall have power, whenever the public interest may seem to require, to consolidate all the funds specified in Section 4, No. 45, together with all other funds at any time hereafter appropriated for the use of common schools, and, so far as may be legal and practicable, shall invest the same or the proceeds thereof, in the bonds constituting the State debt: Provided, That the said consolidated fund, principal and interest, shall be placed to the credit of the common school fund; the interest of which, at six per centum per year, shall be forever appropriated to the support of common schools. Laid on the table by a vote of 76-44 (pp. 823-24).

Sec. 15. That the trustees of each township, or the proper officers, have the power to distribute the school funds, among the common schools in each township, according to the number of scholars in each school. Laid on the table (p. 824).

Sec. 16. The General Assembly shall apply such portion of the common school fund to the establishment of district school libraries as may be deemed expedient. Laid on the table (p. 825).

Sec. 17. All lands and town lots which shall be delinquent for the non-payment of State and county tax, shall be forfeited to the State; and on failure of the owner or owners thereof to redeem the same within a prescribed period, such lands and town lots shall be sold and the proceeds thereof as well as the money paid for the redemption of any delinquent lands and lots (after the payment of taxes, interest and costs), shall be paid into the common school fund. Laid on the table (p. 825).

67. Proposed as an additional section by Mr. Morrison of Washington on January 27:

Sec. 8. The General Assembly shall provide for the election by the people, of a State Superintendent of Public Instruction, to hold his office for two years, and whose powers, duties and compensation shall be prescribed by law (p. 801). Adopted and advanced to engrossment by a vote of 78-50 (p. 801.) Passed on January 28 without vote (p. 817). Reported by Committee on Revision on February 7, and concurred in (p. 801).

Sections proposed and rejected:

Sec. 9.

In any school district in this State, the qualified voters thereof, may de

ARTICLE 9.

STATE INSTITUTIONS.

Section 1. It shall be the duty of the General Assembly to provide, by law, for the support of Institutions for the education of the Deaf and Dumb, and of the Blind; and also, for the treatment of the Insane. 68

Section 2. The General Assembly shall provide houses of refuge, for the correction and reformation of juvenile offenders. 69 Section 3. The county boards shall have power to provide farms, as an asylum, for those persons, who, by reason of age, infirmity, or other misfortune, have claims upon the sympathies and aid of society.70

ARTICLE 10.

FINANCE.

Section 1. The General Assembly shall provide, by law, for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for

cide by a vote whether or not they will have any other language taught in connection with the English language, in the common school of their district. Rejected (p. 803). Sec. 10. No school district shall be deprived of its share of the school fund for the want of a school house in such district or from any cause whatever. Rejected (p. 803).

68. Reported by Committee on Public Institutions on December 18, as follows: Sec.-. It shall be the duty of the General Assembly to provide by law for the support of institutions for the education of the deaf and dumb, of the blind, and for the treatment of the insane (p. 463). Engrossed for third reading without amendment (p. 825). Passed without vote on January 30 (p. 835). The following proposed substitute was rejected:

Section 1. It shall be the duty of the General Assembly to provide one or more farms to be an asylum for those persons who, by reason of age, infirmity, or other misfortunes, may have a claim upon the aid and beneficence of society, on such principles that such persons may therein find employment and every reasonable comfort, and lose, by their usefulness, the degrading sense of dependence (p. 825).

69.

Reported by Committee on Public Institutions on December 18, as follows: The General Assembly shall have the power to provide houses of refuge for the correction of juvenile offenders (p. 463). Engrossed as follows:

Sec.-.

Sec. -. The General Assembly shall provide houses of refuge for the correction of juvenile offenders (p. 826). Passed without vote on January 30 (p. 835). 70. Reported by Committee on Public Institutions on December 18, as follows: Sec. The county boards shall have the power to provide farms to be an asylum for those persons who, by reason of age, infirmity, or other misfortunes may have a claim upon the sympathies and aid of society (p. 463). Engrossed without amendment (p. 826). Passed without vote on January 30 (p. 835). This article was reported by the Committee on Revision on February 7, and concurred in (p. 954).