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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 a 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 the State are paid for similar services; which pay, together with the other 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.

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 used for the General Assembly while in session, which shall be paid for on the 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 the Secretary of State, who shall file the same, and cause said Constitution to be entered on 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 such 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 repare and have printed, blank forms of the caption of the poll books, and the returns required of the inspector and judges of elections; the certificates required by the county canvassers, clerks and sheriffs, and all the forms required by this act, and which may be necessary and proper to carry the same into full effect, and 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 inspectors 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 publication in the Indiana State Journal and Indiana State Sentinel. Approved, March 5, 1859.

182.

Qualifications for Suffrage (January 10, 1859).

Introduced in the House on January 10, 1859, by Mr. William H. Gregory, a Republican; on January 12, referred to a select committee of five. On January 21, the committee made a favorable report.

[House Journal, Fortieth Session, 176.]

Mr. M. Kempf, from the select committee to which was

referred House bill No. 13, "a bill to amend the second section of article second of the constitution of the State of Indiana, so as to confine the qualification of an elector to every white male citizen of the United States of the age of twenty-one years and upwards, who shall have resided in the State during six months immediately preceding such election, and to vote in the township or precinct wherein he may reside"; and also to whom was referred House bill No. 44, "a bill to amend section second of article second of the constitution of the State of Indiana"; have had the same under consideration and after due deliberation, instruct me to report that said bills coincide both as to language and object, and that the committee favor House bill No. 13, as it has priority in being first introduced.

We deem the amendment which House bill No. 13 proposes, reasonable and just. That portion of section second of article second of the constitution of our State, referred to in the bill, as it now stands, is derogatory to the naturalization laws as adopted by Congress, and we think it unwise and unsafe policy to have local laws conflicting with national laws.

With these views the committee have directed me to report the bill back and recommend its passage.

By a vote of 51-42, the bill and the report were laid on the table and not subsequently considered (see Document No. 175).

[House Journal, Fortieth Session, 42.]

House bill No. 13. A bill to amend the second section of article second of the Constitution of the State of Indiana, so as to confine the qualifications of an elector to every white male citizen of the United States, of the age of twenty-one years and upwards, who shall have resided in the State during the six months immediately preceding such election, and to vote in the township or precinct wherein he may reside.

183. Residential Qualifications for Suffrage (January 11, 1859).

Introduced by Mr. M. Kempf, a Democrat, on January 11; on January 17, referred to the same committee with Mr. Gregory's bill (see Document No. 182) with which it was identical. On January 21, it was laid on the table.

[House Journal, Fortieth Session, 59.]

House bill No. 44. A bill to amend Section 2 of Article 2 of the Constitution of the State of Indiana.

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184. Holding More than One County Office (January 24, 1859). This resolution was presented by Mr. Miles Waterman, a Democrat, on January 24. On February 4, it was laid on the table.

[Brevier Report, 1859, Vol. II, 73.]

WHEREAS, Section 2 of Article 6 of the Constitution of the State of Indiana requires the election of various county officers; AND WHEREAS, in the opinion of this legislature no more officers should be maintained than the public welfare actually demands, therefore

Be it resolved and proposed by the General Assembly of the State of Indiana, That the Constitution of the State be amended by striking out said second section of Article 6.

And be it further resolved, That the last proviso of Section 9 of Article 2 of said Constitution be amended so as to read: "The offices of clerk, recorder or auditor or any two of them may be conferred on the same person."

185. Number of Members of the General Assembly (January 24, 1859).

Introduced on January 24, 1859, and adopted.

[House Journal, Fortieth Session, 213.]

WHEREAS, It is the duty of the General Assembly of Indiana to do all in its power consistent with sound policy and right to lighten the burthen of taxation;

AND WHEREAS, The General Assembly as now composed by law, consists of 150 members;

AND WHEREAS, A less number would do the business with more dispatch equally as well and perhaps better; therefore Resolved, That the number of representatives should be reduced to seventy-five, and the number of senators to thirty.

186. Wabash and Erie Canal (February 9, 1859).

[Senate Journal, Fortieth Session, 438.]

WHEREAS, The general government did donate to the State of Indiana a large tract of land to aid said State in the prosecution of the Wabash and Erie Canal; AND WHEREAS, The State of Indiana owing to her financial embarassments, did convey to her bondholders said canal and the lands which had been donated

by the Federal government, yet unsold, as a consideration in full of one-half of her State debt; AND WHEREAS, The trustees of said canal have announced their intention to abandon said canal; AND WHEREAS, it is uncertain to what extent the State of Indiana is involved, or may become involved or liable on account of said abandonment, either to individuals or to the State of Ohio in case of said abandonment; therefore,

Resolved, That a committee of five be appointed whose duty it shall be to investigate the whole affair as connected with the transfer of said canal, and report the extent, if any, to which the State is liable, either to individuals, as lessees of water power, or to the State of Ohio, and that they report to the Senate at as early a date as practicable.

And be it further resolved, That for the purpose of aiding said committee in a full and free investigation of all the facts in the case, that they have free access to all the public records of the State touching this matter.

Adopted February 9, 1859.

187. Wabash and Erie Canal (February 18, 1859).

[Senate Journal, Fortieth Session, 608.]

Resolved, That as our bondholders (to whom was transferred all the right and title vested in the State of Indiana in the Wabash and Erie Canal, by deed of trust for at least the term of twenty years, to secure the full payment of one moiety of the outstanding debt of the State, as shown by two several acts of the legislature, namely of June, 1846, and January, 1847), have not given any intimation to this legislature of their intention to abandon said canal, nor in any way to commit a violation of said contract, it would be both dangerous and improper for the legislature, at this time, to pass a law to relinquish any right that the State may hold in the said canal, or in any other way to interfere by legislative enactment.

Adopted February 18, 1859.

188. Common Schools (February 10, 1859).

Introduced by Mr. Aaron B. Line, a Democrat, on February 10; on February 12, it was referred to the Judiciary Committee, but apparently there was no further consideration.

[Senate Journal, Fortieth Session, 464.]

Senate bill No. 196. A bill to amend Section 1 of Article 8 of the Constitution of the State of Indiana.

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