rated towns and cities, and to civil townships, the right to levy taxes for school purposes, have had the same under consideration, and have instructed me to report that the committee are of opinion that it is expedient for this General Assembly to propose and agree upon an amendment of the Constitution of the State, so as to authorize the people of incorporated towns and cities to levy taxes for the support of schools within their corporate limits. But the committee are of the opinion that it is inexpedient to change the Constitution so as to authorize civil townships to levy taxes for such purposes.

178.

Resolution of Teachers' Association of Fort Wayne Relative to Free School Amendment (August, 1859).

The following resolution was adopted by the Teachers' Association of Fort Wayne some time during the month of August, 1859.

[Indianapolis Journal, August 29,. 1859.]

That we, the undersigned teachers, and friends of education. and of a Constitution which shall provide for free schools in every city, town and township where the citizens desire them, pledge ourselves to vote for no man who does not pledge himself to support with all his energy and ability the movement for such a Constitution, and for suitable laws founded thereon, so that free schools may soon be the glory and characteristic of the land of the Hoosiers.

That if we cannot find the right kind of men for whom to vote in any locality, we will meet in each county where such may be the case and nominate and support our own men for office.

THE FORTIETH GENERAL ASSEMBLY (1859).

By the date of the meeting of the regular session of the Fortieth General Assembly in 1859, there was a clearly expressed demand for constitutional amendments embracing the following subjects: The qualification of electors and the compulsory registration of voters; local school tax levies and legislation; annual sessions of the legislature; the method of amending the Constitution; prohibiting the sale of intoxicating liquors or providing for local option on the liquor question; changes in the provision relative to the titles of bills; dispensing with three readings of bills; and the salaries of judges.

179. Prohibiting the Liquor Traffic (January 18, 1859).

The State Temperance Convention was held in Indianapolis on January 18, 1859. The following amendment was proposed but rejected: Resolved, That the legislature be and it is hereby memorialized

to adopt an amendment to our State Constitution as follows: The legislature should have power to enact a law effectually prohibiting the sale of intoxicating liquors as a beverage, and submitting the same to a vote of the people at a special election.

180. Local Option (January 18, 1859).

After the foregoing resolution had been voted down, a resolution in favor of local option was adopted.

[Locomotive, January 22, 1859.]

Resolved, That in the opinion of this convention each county and corporation in the State should be invested with the power to suppress or control the traffic in intoxicating liquors, as a majority of the citizens in such county or corporation may demand, and to give a practical form to the opinion, we ask the present legislature to initiate such a change in the Constitution of the State as shall enable the counties and corporations aforesaid to manage these matters in their own way.

181. Calling a Constitutional Convention (March 5, 1859).

Introduced on January 10, 1859, by Mr. Samuel Davis, a Republican; referred to the Committee on Judiciary on January 11; on January 27, the committee reported an entirely new bill and recommended its passage.

[House Journal, Fortieth Session, 246.]

The Committee on the Judiciary to whom was referred House bill No. 1, "a bill to provide for taking the sense of the qualified voters of the State on calling a convention to alter, amend or revise the Constitution of the State," have had the same under consideration and have made one amendment thereto, which is to strike the same out from the enacting clause and inserting in lieu thereof the following, which, when concurred in, the committee recommend the passage of said bill:

That it shall be the duty of the inspectors and judges of elections, in the several townships in each county in this State at the annual election in April next, to open a poll in which shall be entered all the votes given for or against the calling of a convention to alter, revise or amend the Constitution of this State.

Sec. 2. Every qualified voter in this State may, if he chooses at the annual election in April next, vote for or against the calling

of a convention for the purpose mentioned in the first section of this act.

Sec. 3. The inspectors of elections, at the several places of voting, shall propose to each voter presenting a ballot the question, "are you in favor of a convention to amend the Constitution?" and those who are in favor of such convention shall answer in the affirmative, and those who are against such convention shall answer in the negative; which answers shall be duly recorded by the clerks of such election, and the auditors of the several counties shall furnish a poll book with proper columns for that purpose.

Sec. 4. It is hereby made the duty of the inspectors and judges of election to certify the number of votes given for or against a convention, to the clerks of the circuit courts respectively, in the same way and manner, and under the same restrictions and penalties that votes for State and county officers are given and certified.

Sec. 5. It shall be the duty of the clerks of the circuit courts throughout the State, to certify and make returns of all the votes given for or against a convention; and also, all the votes that were given at such election, to the Secretary of State, in the same way and manner that votes for Governor and Lieutenant-Governor are required by law to be certified. It shall be the duty of the Secretary of State to lay before the Governor all the returns by him received pursuant to the provisions of this act.

Sec. 6. It shall be the duty of the several sheriffs in this State to give six weeks' notice in a newspaper, if one is published in his county, if not, then by written notices in each township of his county, that there will be a poll opened for the purpose specified in this act.

Sec. 7. If a majority of the people voting at said election shall vote in the affirmative, it shall be the duty of the Governor to make proclamation of such vote, and in that case there shall be elected delegates to a convention at the time and in the manner hereinafter provided.

Sec. 8. If a majority of the people voting at said election in April next shall vote in the affirmative, and proclamation of such vote being made as specified in the seventh section of this act, the citizens of this State qualified by law to vote for members of the General Assembly, shall meet at their respective places of holding elections in the several counties of this State on the

second Tuesday in October next, and proceed to elect delegates to constitute a convention for the purpose of considering the Constitution of this State, and making such amendments to, alterations of, and changes in the same, as they may deem proper; which amendments shall afterwards be submitted to a vote of the people of this State, to be by them ratified or rejected.

Sec. 9. Said convention shall consist of fifty delegates, one to be elected from each Senatorial District, who shall be a resident thereof, at the time of his election, said delegates shall be elected in the same manner as members of the General Assembly, and the election of said delegates shall be returned and certified in the same manner as required by law for electing members of the General Assembly.

Sec. 10. Said election, when not otherwise provided for in this act, shall be conducted and the poll books kept in the manner prescribed by law for the election of members of the General Assembly, and the several provisions of the statute in relation to illegal voting and false swearing, shall govern the election under this act.

Sec. 11. In case of contested or disputed elections of delegates to said convention, the contesting candidate, or other person contesting said election, shall pursue the same course and be governed in all things by the same rules and regulations as are now provided by law in cases of disputed or contested elections of members of the General Assembly of this State.

Sec. 12. The delegates who shall be elected as aforesaid, shall assemble in convention at the capitol in the city of Indianapolis, on the second Tuesday in November, 1859, and organize by electing a president and all other officers necessary. It shall be the duty of the Secretary of State to attend the said convention on the opening thereof, to call over the lists of districts. and counties, receive the credentials of the delegates, and generally to perform the like duties in the organization of the same that are usually discharged by the officer whose duty it is by law to attend to the organization of the House of Representatives of this State at the commencement of its sessions, and should the Secretary of State fail to attend in person or by deputy, at ten o'clock a. m. of said day, then it shall be the duty of the Auditor of this State to attend for such purpose, and it shall be the duty of the State Librarian to prepare the hall of the House of Representatives for the reception and sittings of said convention.

Sec. 13. The said delegates, before entering upon the discharge of their duties, shall each be duly sworn or affirmed to support the Constitution of the United States, and also faithfully and to the best of their respective abilities, to perform the duties of their offices; which oath or affirmation may be administered to them by any judge of the Supreme or judge of the circuit courts of this State, and should no such judge be in attendance at the opening of the sitting of said convention, then by any officer of the county of Marion, duly authorized by the laws of this State to administer oaths or affirmations.

Sec. 14. The members of said convention shall enjoy the same privileges in going to, attending upon and returning from said. convention, that members elected to and attending on the General Assembly are entitled by law. Said convention shall be the judge of the elections, returns and qualifications of its own members; it shall possess the same power to adopt rules, expel a member for disorderly conduct, and punish contempt, that is now exercised by either house of the General Assembly in similar A majority of the members shall constitute a quorum to do business, but a similar [smaller] number may adjourn from day to day and take measures to compel the attendance of absent members. And the president, members and secretaries of the convention, shall be allowed the use of the books in the state library in the same manner and upon the same conditions that the members of the General Assembly are allowed the use thereof.

cases.

Sec. 15. In case of the death or resignation of any member of said convention, the Governor of this State shall issue a writ of election, directed to the sheriff or sheriffs of the proper counties, directing a special election to be held to fill such vacancy, in the same manner now prescribed by law for supplying vacancies in the General Assembly of this State. The members of said convention shall receive three dollars per day while actually attending upon the sittings of said convention, and shall be allowed the like compensation for their travel as members of the General Assembly are allowed by law; and their secretaries officers and attendants shall be paid the same compensation as the officers of the General Assembly of this State are paid for similar services, which pay, together with the expenses of the convention, shall be certified by the president of the convention. and shall be paid by the Treasurer of this State on the warrant of the Auditor of Public Accounts.