Sec. 16. The Secretary of State and all other officers in this State shall furnish said convention with all such papers, statements, statistical information, copies of records or public documents in their possession, as the said convention may order or require, and it shall be the duty of the proper officer or officers to furnish the members with all such stationery as is usual for the General Assembly while in session, which shall be paid for on certificate of the president in like manner as the contingent expenses of the House of Representatives are now paid by law.

Sec. 17. The roll containing the draft of the amended Constitution, adopted by said convention, and the proceedings of said convention, shall be deposited by the president and secretary thereof, in the office of Secretary of State, who shall file the same and cause said Constitution to be entered of record in his office, and said convention may submit one or more of the amendments which they may propose to the Constitution as distinct propositions, to be voted upon by the people separately or together, as to them may seem expedient.

Sec. 18. It shall be the duty of the Secretary of State, so soon as the same is recorded in his office, to deliver to the Governor of this State a certified copy of said amended Constitution, who shall on the meeting of the General Assembly of this State, at its next session, lay the same before them, and it shall be the duty of the said General Assembly to pass all laws necessary and proper for submitting the same to the qualified voters for their approval or rejection, and also for organizing the government under the amended Constitution, in case the same should be adopted and ratified by such voters.

Sec. 19. It shall be the duty of the Secretary of State to cause immediately three thousand copies of this act to be printed, and forthwith forwarded by mail, not less than twenty nor more than thirty copies thereof, to the clerk of each of.the counties in this State, who shall cause the sheriff of the county to deliver one or more of said copies to each inspector of elections in said county, and said clerk shall certify to the sheriff that the delegates are to be elected, and the said sheriff shall give notice of said election in the same manner now provided by law in regard to the election of members of the General Assembly of this State.

Sec. 20. It shall be the duty of the Secretary of State to propose and have printed blank forms of the caption of the poll books and the returns required of the inspectors and judges

of elections; the certificates required of the county canvassers, clerks and sheriffs, and all other forms required by this act, and which may be necessary and proper to carry the same into full effect, which shall be added by way of appendix to this act, and it shall be the duty of the clerk in each county to cause a suitable number of blank forms of poll books, with proper captions and forms of the returns required to be made by the inspector and judges of the election to be made out, conforming them to those prescribed by the Secretary of State, and deliver them to the sheriff of said county, and said sheriff shall at least twenty days previous to the election, deliver one or more copies thereof to each inspector of elections in the several townships in the county.

Sec. 21. It is hereby declared that an emergency exists for the immediate taking effect of this act, therefore this act shall take effect and be in force from and after its passage and its publication in the Indiana State Journal and Indiana State Sentinel.

A proposal for a convention consisting of thirteen delegates was rejected. An attempt to postpone the bill was lost by a vote of 47-30. At this juncture the following preamble and resolution was adopted and the bill was referred to the select committee therein provided for.

[House Journal, Fortieth Session, 437.]

WHEREAS, There are many provisions of the constitution of the State of Indiana that are defective, rendering legislation. under it difficult, expensive, tedious, and in some respects impossible, or at least inadequate to the emergencies of the case or the wants of the citizens of the State. restricting remedies that would tend to the public good.

AND WHEREAS, In the opinion of this House it would manifestly be to the interest and welfare of the people of this State to have said defective provisions amended, and said constitution as nearly as possible perfected; therefore be it

Resolved, That a committee of one from each congressional district be appointed to draw up and report to this House such amendments to said constitution as may be thought advisable and necessary, to be submitted to this General Assembly, in conformity with the provisions of the sixteenth article of said Constitution.

On February 10, the committee reported this bill in the form in which it finally passed. On February 21, the bill failed of passage for want of a constitutional majority, the vote being 47-39. On February 23, the bill passed the House by a vote of 56-34. On February 26, the bill was reported to the Senate and passed without amendment on March 4 by a vote of 30-17.

[Laws, Fortieth Session, 97.]

AN ACT to provide for taking the sense of the qualified voters of this State, on calling a Convention to alter, amend or revise the Constitution of this State.

Section 1. Be it enacted by the General Assembly of the State of Indiana, That it shall be the duty of the inspectors and judges of elections in the several townships in each county of this State, at the annual election in October 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 October 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 a convention shall answer in the affirmative, and those who are against such convention shall answer in the negative, which answer shall be 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 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 an 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 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 October 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 first Monday of April, A.D. 1860, 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 one hundred delegates, who shall be, and are hereby apportioned among the several counties of said State, as the members of the House of Representatives of the present General Assembly are apportioned. Said delegates shall be elected in the same manner as 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 the 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 of May, A. D. 1860, 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 session; and should the Secretary of State fail to attend in person or by deputy, at 10 o'clock A. M., of the same 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 prepa e 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 office; 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 to 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 a similar case. A majority of the members shall constitute a quorum to do business, but a 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 of the State library in the same manner and upon the same conditions that the members of the General Assembly are allowed the use thereof.