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tion, whose duties and compensation shall be prescribed by law, and who shall not be eligible to hold said office more than one term of four years in any period of eight years.

Resolved, That in submitting this amendment to the electors of the State to be voted on it shall be designated as Amendment No.

408.

Duration of Sessions of General Assembly (February 5, 1889).

On February 5, Mr. William H. Shields, a Republican, introduced a joint resolution in the House proposing an amendment authorizing the General Assembly to sit until all necessary business was transacted. On February 27, the resolution was adopted by the House by a vote of a majority of 78-2. On March 11, the resolution passed the Senate by a vote of 44-1.

[House Journal, Fifty-sixth Session, 932.]

House Joint Resolution No. 21.

Resolved by the House of Representatives, the Senate concurring, That the following amendment to the Constitution of the State of Indiana be, and the same is hereby proposed and agreed to, to-wit: Amend Section 29, the same being Section 125 of the Revised Statutes of 1881, of Article 4, to read as follows:

The members of the General Assembly shall receive for their services an annual salary, to be fixed by law, but no increase of compensation shall take effect during the session at which such increase may be made. All regular and special sessions of the General Assembly shall continue and be in session until the legislative and all business required to be effected thereby shall have been completed, or so long as by the members thereof may be deemed advisable.

Resolved, That in submitting this amendment to the electors of the State to be voted on, it shall be designated as Amendment No. 8.

409.

Membership and Divisions of Supreme Court (February 13, 1889).

Several amendments were proposed relative to an increase in the membership and a division of the Supreme Court for the dispatch of business. On February 13, Mr. John T. Beasley, a Democrat, introduced a resolution in the House fixing the membership of the Supreme Court. The resolution was referred to the Judiciary Committee. On February 27, the committee submitted a favorable report and the resolution was adopted by the House by a vote of 56-23. On March 11, the resolution was adopted by the Senate by a vote of 43-0.

[Senate Journal, Fifty-sixth Session, 1513.]

House joint resolution No. 23 proposing amendment of Sections 2 and 5 of Article 7 of the Constitution.

Resolved by the House of Representatives, the Senate concurring, That the following amendments be made to the Constitution of the State of Indiana, to-wit: That Section 2 of Article 7 be amended to read as follows:

Sec. 2. The Supreme Court shall consist of not less than five nor more than nine Judges, a majority of whom shall form a quorum. They shall hold their offices for eight years, if they so long behave well: Provided, that the General Assembly shall provide by law for dividing the Judges to be elected into classes, as nearly equal as may be; also, the time at which the Judges shall be elected, and for filling any vacancy that may occur in such court. The seats of the first class shall be vacated at the expiration of four years, and those of the second class at the expiration of . eight years, so that one-half thereof, as nearly as may be, shall be chosen every four years thereafter.

That Section 5 of said Article 7 be amended to read as follows: Sec. 5. The General Assembly may provide by law for the Supreme Court to sit in divisions or banc; also, the manner in which the decisions shall be rendered and the business conducted.

Resolved, That in submitting this amendment to the electors of the State to be voted on, it shall be designated as Amendment No. 6.

On January 5, Mr. H. U. Johnson, a Republican, introduced a resolution in the Senate increasing the number of Judges of the Supreme Court to eleven. The resolution was referred to the Judiciary Committee and never reported back to the Senate.

[Senate Journal, Fifty-sixth Session, 84.]

A resolution proposing an amendment to Section 2 of Article 7 of the Constitution of the State of Indiana:

Be it resolved by the General Assembly of the State of Indiana, That the following amendment to Section 2 of Article 7 of the Constitution of the State of Indiana be, and the same is, hereby proposed and agreed to, to-wit:

Amend said section by striking out the word "five" before the word "Judges' therein, and by inserting in lieu of said word so stricken out the word "eleven."

Resolved, further, In submitting this amendment to the elec

tors of the State to be voted on, it shall be designated as Amendment No. 1.

On January 19, Mr. Thomas E. Boyd introduced a resolution in the Senate fixing the number of Supreme Court judges at not less than five nor more than nine. The resolution was referred to the Judiciary Committee. On February 13, a divided report was presented and no further action was taken.

[Senate Journal, Fifty-sixth Session, 177.]

Joint resolution No. 9 proposing an amendment to Section 2 of Article 7 of the Constitution of the State of Indiana.

Be it resolved by the General Assembly of the State of Indiana, That the following amendment to the Constitution of the State of Indiana be, and the same is, hereby proposed and agreed to, to-wit: Amend Section 2 of Article 7 to read as follows:

Sec. 2. The Supreme Court shall consist of not less than five nor more than nine judges, a majority of whom shall form a quorum. They shall hold their offices for six years if they so long behave well: Provided, That the General Assembly shall provide by law, after the taking effect of this amendment, for dividing the judges into three classes, as nearly as may be, so that the seats of the first class shall be vacated at the expiration of two years, those of the second class at the expiration of four years, and those of the third class at the expiration of six years, so that one-third thereof, or as nearly as maybe, shall be chosen every two years thereafter.

Resolved, That in submitting this amendment to the electors of the State to be voted on it shall be designated as Amendment No. 3.

On February 13, the Senate Judiciary Committee submitted an amendment relative to the Judiciary, which was concurred in, but the resolution was never advanced beyond second reading.

[Senate Journal, Fifty-sixth Session, 632.]

A joint resolution proposing amendment of Sections 2 and 5 of Article 7 of the Constitution:

Resolved by the Senate, the House of Representatives concurring, That the following amendment be made to the Constitution of the State of Indiana, to-wit: That Section 2 of Article 7 be amended to read as follows:

Sec. 2. The Supreme Court shall consist of not less than five nor more than nine judges, a majority of whom shall form a quorum. They shall hold their offices for eight years, if they so

long behave well: Provided, That the General Assembly shall provide by law for dividing the judges to be elected into classes as nearly equally as may be; also, the time at which the judges shall be elected, and for filling any vacancy that may occur in such Court. The seats of the first class shall be vacated at the expiration of four years, and those of the second class at the expiration of eight years, so that one-half thereof, as nearly as may be, shall be chosen every four years thereafter.

That Section 5 of said Article 7 be amended to read as follows: Sec. 5. The General Assembly may provide by law for the Supreme Court to sit in divisions or in banc; also, the manner in which the decision shall be rendered and the business conducted.

Resolved, That, in submitting this amendment to the electors of the State to be voted on, it shall be designated as Amendment No. 5.

On January 16, Mr. Joseph Stubblefield introduced a resolution in the House providing that the Supreme Court should consist of not less than five nor more than nine judges. The resolution was referred to the Judiciary Committee, who submitted a divided report on February 27; the majority report recommending indefinite postponement was concurred in.

[House Journal, Fifty-sixth Session, 135.]

A joint resolution proposing an amendment to Section 2 of Article 7 of the Constitution of the State of Indiana.

Be it resolved by the General Assembly of the State of Indiana, That the following amendment to the Constitution of the State of Indiana be, and the same is hereby proposed and agreed to, towit: Amend Section 2 of Article 7 to read as follows:

Sec. 2. The Supreme Court shall consist of not less than five nor more than nine judges, a majority of whom shall form a quorum. They shall hold their offices for six years if they so long behave well: Provided, That the General Assembly shall provide by law, after the taking effect of this amendment, for dividing the judges into three classes, as nearly as may be, so that the seats of the first class shall be vacated at the expiration of two years, those of the second class at the expiration of four years, and those of the third class at the expiration of six years, so that one-third thereof, as nearly as may be, shall be chosen every two years, thereafter. Resolved, That in submitting this amendment to the electors of the State, it shall be designated as Amendment No. 3.

On February 8, Mr. William A. Hughes, a Democrat, introduced an elaborate resolution in the House declaring that the Supreme Court should con

sist of ten judges, and providing that the court should be divided into sections for the consideration of cases. The resolution was referred to the Judiciary Committee and never reported back.

[House Journal, Fifty-sixth Session, 487.]

House joint resolution No. 22 proposing amendments to the Constitution of the State of Indiana in relation to the Supreme Court.

Section 1. Be it resolved by the General Assembly of the State of Indiana, That the following amendments to the Constitution of the State of Indiana be submitted to the people of this State for their adoption or rejection.

Sec. 2. Amend Section 2, Article 7, to read as follows:

Sec. 2. The Supreme Court shall consist of ten Justices, a majority of whom shall constitute a quorum; and shall hold their offices seven years, if they shall so long behave well.

The General Assembly shall have power to increase the number of justices from time to time as the business of the Court shall require it.

The Chief Justice shall be selected annually by a majority vote of the members of the Court, on the first day of the earliest session of the Court in each year, and shall serve one year.

He shall immediately after his election divide the Justices into sections of three each, and thereafter at the end of six months shall divide them into other sections composed of new members, which sections shall sit separately each with the Chief Justice as the presiding officer and a member thereof, and shall hear and determine all causes and matters submitted to the Court and allotted to them respectively.

Three members of any section shall form a quorum thereof to transact business and adjudicate all matters and appeals.

All appeals and matters upon the docket, upon submission to the Court, shall be distributed by the Chief Justice from time to time among the several sections, and the decision of any section shall be final, except in any case of disagreement among the members of any section upon any question, or in any case of disagreement thereon between two or more sections, or where two Justices or more shall demand that such questions shall be considered and adjudicated by the whole Court, or where the affirmance of a judgment involves the infliction of the penalty of death, in which events such questions, matters or appeals, shall be adjudicated by the whole Court.

Whenever any question, matter or appeal which has been

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