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under the same the word "No" and erase the word "Yes," and the votes cast shall be counted accordingly. If, under any of said. proposed amendments, as printed on said ballots, the words "Yes" and "No" shall both remain without erasure or both be erased, then such ballot shall not be counted as a vote either for or against that amendment under which said words so remain; but no elector shall vote more than once at such election.

Sec. 4. The laws of this State governing general elections as to the organization, powers and duties of election boards, and the return and canvassing of votes, shall be observed by the several boards of election in making return and canvass of the votes cast at the election herein provided for, so far as they may be applicable, modified however, as to the contents and return of certificates to correspond with the requirements of this act.

Sec. 5. The board of election of each precinct shall count the votes for and against each proposed amendment separately, and also the whole number of electors who voted at the election, and certify all said numbers, specifying separately the number of votes cast for each proposed amendment and the number cast against each, and the whole number of electors who voted at the election, over their signatures, or the signatures of a majority of them to the clerk of the circuit court in their county within two days after the election. The clerk of each county shall, within four days after said election, ascertain from such certificates the total vote in his county for and against each proposed amendment separately, and also the whole number of electors who voted at the election, and certify the same to the Secretary of State. The Secretary of State shall, as soon as possible after the election, determine from said certificates of the clerks of the several counties, the total vote cast in the State for and against each proposed amendment separately, and also the total number of electors who voted at the election, and certify the same to the Governor; and the Governor shall immediately issue and publish his proclamation, declaring therein the number of votes cast in the State, for and against each proposed amendment separately, and also the whole number of electors who voted at the election. And if it shall appear that the number of votes cast in the State for any one or more of said proposed amendments was greater than the number of votes cast against the same amendment, and equal to a majority of all the electors who voted at the election, then each such amendment shall be deemed and taken to have been ratified by the electors of the State, and become part of the Constitution, and shall

be so declared by the Governor in his proclamation. But if it shall appear that any proposed amendment has received in its favor a number of votes less than a majority of all electors who voted at the election, then each such amendment shall be deemed and taken to have been rejected by the electors of the State, and shall be so declared by the Governor in his proclamation. For the purpose of the ratification or rejection of said proposed amendments, and each of them, the number of electors who shall vote at the election herein provided for, shall be conclusively taken and deemed to be the whole number of electors in the State. The certificate of the Secretary of State herein provided for, and the proclamation of the Governor based thereon, shall be final and conclusive evidence of the number of votes cast for and against each amendment, and of the whole number of electors who voted at the election, and of the ratification or rejection of each proposed amendment, as the case may be. In all proceedings had under this act the proposed amendments may be designated by number, as in the preamble of this act, except in the ballots.

Sec. 6. Nothing in this act contained shall be construed to require the use of the ballots provided for in this act, to the exclusion of other written or printed ballots; and all ballots cast shall be counted and returned in accordance with the intention manifest on the face thereof.

Sec. 7. Any officer whose duty it is, under this act, to make or sign any return or certificate of the number of votes cast for or against said proposed amendments, or of the number of electors who voted at the election, who shall knowingly make or sign any false return or certificate of any such number, and any officer violating any of the provisions of this act, or failing to discharge any duty by this act imposed on him, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding one thousand dollars, to which may be added imprisonment in the county jail for any period not exceeding six months.

Sec. 8. If any elector shall cast, or personally offer, or attempt to cast more than one ballot at such election, he shall be deemed guilty of a misdemeanor, and on conviction thereof, he shall be fined in any sum not exceeding five hundred dollars, to which may be added imprisonment in the county jail not exceeding six months. If any person shall vote or o er to vote on any of said amendments without being a qualified elector in the precinct in which he so votes or offers to vote, he shall be liable to all the pains and penalties provided by law for the like offense at a general election.

Sec. 9. It shall be the duty of the Governor, immediately upon the passage of this act, to issue a proclamation notifying the electors of the State of the election herein provided for. It shall be the duty of the Secretary of State to cause said proclamation and his act to be printed together in such number as shall be necessary for the purposes following, and to transmit to the sheriff of each county, with the ballots and blanks hereinbefore provided for, a sufficient number of such printed copies to enable such sheriff to deliver four of the same to each clerk, four to each auditor, one to each township trustee for himself, and one for each inspector of election in his township, other than himself, which it shall be the duty of such sheriff to do. It shall be the duty of the Secretary of State to send the printed copies of this act, and the Governor's proclamation, and the ballots, poll list, tally sheets and certificates, which he is by this act required to send to the sheriffs of the several counties, by express, to all counties with the county seat of which there is communication in that mnaner from Indianapolis, and to the sheriffs of other counties by special messengers. And it shall be the duty of the clerks of the several counties to make out in duplicate the certificates herein required from them, and to send one of said duplicates to the Secretary by mail, and the other by express from every county, from the county seat of which there is communication in that manner with Indianapolis, and from other counties by special messenger.

Sec. 10. The Secretary of State shall be allowed the actual expenses of printing the Governor's proclamation, and this act, procuring the ballots, poll lists, tally sheets and certificates, and the expense of distributing the same, and the expense of the transmission of the returns from the clerk to him, to be audited by the Auditor of State, and paid out of the State Treasury. The sheriff of each county shall be allowed for his services ten dollars, to be paid out of the county treasury. The special messenger of the secretary and the clerks, if any shall be found necessary, shall be allowed two dollars per day for the time necessarily occupied by them, and their actual necessary expenses of travel, to be evidenced by an itemized and verified account, filed with the Secretary and embraced in the expenses to be audited and paid out of the State Treasury as above provided. The other officers shall be paid the same compensation, and in the same manner for the time employed, as in general elections.

Sec. 11. It shall be the duty of every officer charged with any service under this act to perform the same with the utmost prompt

ness and fidelity, but the failure of any such officer or officers to perform any such duty in the time or manner herein directed, or the failure of the electors in any precinct or county to hold an election as herein provided, shall not in any manner affect the validity of such election.

Sec. 12. Inasmuch as it [is] important that the submission of said proposed amendments shall take place before the adjournment of the present session of the General Assembly, it is declared that an emergency exists, requiring that this act shall take effect immediately, and that the same shall be in force from and after its passage.

330.

Approved, February 21, 1881.

Resubmission of Pending Amendments (January 13, 1881). Meantime other bills on the same question were being considered. On January 13, Mr. Vinson Carter, a Republican, introduced a bill in the House to provide for the resubmission of the pending amendments. On January 18, the bill was referred to the Judiciary Committee for completion. On January 24, the committee reported the bill back to the House with the recommendation that it lie on the table and that the preceding bill be given precedence.

[House Journal, Fifty-second Session, 138.]

House bill No. 40. A bill for an act providing for the submission to the electors of the State of Indiana, for ratification of the amendments of the Constitution, proposed and agreed to by the General Assemblies of said State at the sessions of 1877 and 1879; prescribing duties of officers of election, and others, in relation thereto; providing penalties for violations of it and other matters relating to the same subject, and declaring an emergency. 331. Resubmission of Pending Amendments (January 13, 1881).

A similar measure was introduced in the Senate on January 13 by Mr. F. W. Viehe, a Democrat. On January 14, the bill was referred to the Judiciary Committee who reported the bill back to the Senate together with the House bill on the same subject and the bill was subsequently laid on the table.

[Senate Journal, Fifty-second Session, 90.]

Senate bill No. 60. An act providing for the submission to the electors of the State of Indiana for ratification, of the amendments to the constitution, proposed and agreed to by the General Assemblies of the State at the sessions of 1877 and 1879, prescribing duties of officers of election and others in relation thereto, providing penalties for violation of it, and other matters relating to the same subject, and declaring an emergency.

332. Legality of Submission of New Amendments (January 19, 1881).

Section 2 of Article 16 of the Constitution provides that "while... an amendment... which shall have been agreed upon by one General Assembly

shall be awaiting the action of the succeeding General Assembly, or of the electors, no additional amendment... shall be proposed." According to the decision of the Supreme Court in State v. Swift, the proposed amendments submitted to the people in 1880 were still awaiting the action of the electors. Obviously no amendments could be legally proposed at the 52d session of 1881. In spite of that fact, eleven amendments were actually proposed in the two Houses and four were actually adopted. The members of the legislature were aware of the probable unconstitutionality of this procedure as is shown by the following resolution.

[Senate Journal, Fifty-second Session, 144.]

WHEREAS, The Supreme Court has recently said, in a case before it, that the proposed amendments to the Constitution voted on at the last April election have been neither ratified nor rejected, and numerous voters have petitioned for such immediate action as will secure the early submission to a vote of the people for the ratification or rejection of another amendment, and,

WHEREAS, Section 2 of Article 16 of the Constitution provides that while an amendment or amendments which shall have been agreed upon by one General Assembly shall be awaiting the action of a succeeding General Assembly, or of the electors, no additional amendment or amendments shall be proposed; therefore, be it

Resolved, That the Committee on the Judiciary be instructed to report to the Senate whether this General Assembly can lawfully comply with the request of the petitioners before the electors have again voted on the amendment.

333. Term and Eligibility of Secretary, Auditor and Treasurer of State (January 17, 1881).

In his message to the legislature, Governor Gray recommended the adoption of an amendment to the Constitution “making the tenure of all the State offices four years, the incumbent to be eligible only four years in every period of eight years, the election to occur between the presidential elections, so as to eliminate State from National politics. I can see no good reason why the Governor, Lieutenant Governor, Clerk and Reporter of the Supreme Court should be elected for four years, and the Secretary, Auditor and Treasurer of State for two years. A like provision for equalizing the terms of county officers would doubtless be favorably received." On January 17, Mr. William A. Traylor, a Democrat, introduced a joint resolution in the Senate proposing an amendment to the Constitution to lengthen the term of the Auditor, Secretary and Treasurer of State from two years to four years and declaring all persons ineligible to any such offices for more than four years out of any eight years. The resolution was referred to the Judiciary Committee. On March 1, the committee recommended that the resolution lie on the table. The resolution was subsequently recommitted to the Judiciary Committee and on April 1, during the special session, the committee made a favorable

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