AMENDMENT AS ORIGINALLY PROPOSED (FEBRUARY 23, 1903).

[House Journal, Sixty-third Session, 317.]

House joint resolution No. 1, entitled: A joint resolution to amend Section 2 of Article 6 of the Constitution of the State of Indiana.

Section 1. Be it resolved by the General Assembly of the State of Indiana, That the following proposed amendment to the Constitution of said State be, and the same is now agreed to and is referred to the General Assembly of said State to be chosen at the next general election: Amend Section 2 of Article 6 of the Constitution to read as follows:

Sec. 2. There shall be elected in each county by the voters thereof, at the time of holding the general elections, a clerk of the circuit court, auditor, recorder, treasurer, sheriff, coroner and surveyor; all such officers shall continue in office four years, and no person shall be eligible to any of such offices for more than four years in any period of eight years.

AMENDMENT AS AMENDED (FEBRUARY 27, 1903).

On February 27, the resolution was amended by the addition of the following section, and was not subsequently considered.

[House Journal, Sixty-third Session, 1140.]

Sec. 3. The salary or emolument of any office under the laws of the State of Indiana shall not be increased or diminished so as to apply to any person in office, or who has been elected to an office but whose term has not begun.

478.

Constitutional Convention (February 12, 1903).

On February 12, Senator James T. Layman, a Republican, introduced a bill to provide for the calling of a constitutional convention. The bill was referred to the Judiciary Committee and reported favorably; subsequently the bill was recommitted to the same committee and on February 24 the following substitute was reported, but no subsequent action was taken.

[Senate Journal, Sixty-third Session, 911.]

Substitute for Senate bill No. 314: A bill for an act to provide for submitting to the qualified voters of the State, the question whether a convention shall be called to alter, amend, or revise the Constitution of this State, or to adopt a new Constitution of this State in lieu of its present Constitution.

Section 1. Be it enacted by the General Assembly of the State of Indiana, That there shall be a vote taken by the people of the State at the next general election to be held upon the first Tues

day after the first Monday in November in the year 1904, for the purpose of determining the will of the qualified voters of the State respecting the calling of a convention for the purpose of altering, amending, or revising the Constitution of this State, or to adopt a new Constitution. For the procuring and preparation of tickets in the counties for the said election, the clerk of the circuit court shall cause to be printed on white paper two times the number of ballots that there were votes cast in the county for Governor by all political parties at the general election in the year 1900, the following question, to wit:

"Shall a convention be called to alter, amend, or revise the Constitution of Indiana, or adopt a new Constitution?"

Said question shall be printed upon all ballots and underneath the same shall be printed the words "For the constitutional convention." All ballots in which the said words "For the constitutional convention" shall not have been erased by the voter shall be counted as favoring the convention. In the event that a voter shall desire to vote against such convention, he shall erase the words "For the constitutional convention." Such ballots shall be delivered to the election precincts in the same manner as ballots for voting for the district and county officers are now delivered, and they shall be delivered to the voters before entering the election booth in the manner now provided by law for delivering the ballots for the voters; and the election board will count out such ballots in the same manner as they count out the votes cast for the district and county officers; and the election shall be held and in all respects governed by the laws governing elections, except as in this act otherwise provided, but the inspector of election or the judge acting in his place shall receive no ballot, whether for State, county or other offices, unless there shall be handed to him duly folded as required by law for depositing in the ballot box, said ballot containing the question in this act provided for, relative to the calling of a constitutional convention, and if any voter fail or refuse to deliver to such inspector the ballot referring to said constitutional convention, the inspector shall see that such a ballot is furnished to the voter for the purpose of voting upon said question; and upon his continuing to refuse to vote, such inspector shall refuse to accept any ballot offered by the said voter.

Sec. 2. After the returns are tabulated and counted, the clerk of the circuit court shall certify under the seal of his office, to the Secretary of State the total vote upon said question as to the calling of a constitutional convention, both votes against it and for

the same; and when the Secretary of State shall have tabulated the same from all of the counties in the State, he shall certify to the Governor the total vote cast for said convention and the total vote cast against said convention.

Sec. 3. It shall be the duty of the Governor to lay before the next General Assembly all the returns by him received and certified as provided in this act.

479. Ex Parte Decisions of Supreme Court (January 12, 1903).

On January 12, Senator Albert D. Ogborn introduced a bill, No. 65, authorizing either house of the General Assembly to submit pending measures to the Supreme Court to ascertain their constitutionality in advance of their passage. On February 13, the committee submitted a divided report. The minority report, recommending passage, was indefinitely postponed by a vote of 33-14, and the majority report recommending indefinite postponement was concurred in.

[Senate Journal, Sixty-third Session, 87.]

Senate bill No. 65, entitled: A bill for an act authorizing the submission, by the General Assembly, or either house thereof, to the Supreme Court the question of the constitutionality of any bill or measure pending therein, and regulating the force and effect of the determination of the court thereon, and declaring an emergency.

480. Municipal Referendum (January 26, 1903).

A quasi-constitutional question, providing for the referendum on municipal questions, was embodied in a bill, No. 195, introduced in the Senate on January 26, reported favorably on February 24, but never advanced beyond second reading.

[Senate Journal, Sixty-third Session, 243.]

Senate bill No. 195, entitled: A bill for an act entitled An act vesting a right in the voters of any incorporated city in the State of Indiana, to, by petition, refer any ordinance, agreement, contract or measure enacted or proposed by the common council of any incorporated city of this State, to a vote of the voters of such city, and to reject the same by ballot, to prescribe the manner of holding such election, and provide punishment for all offenders against the provisions of this act, and declaring an emergency.

THE SIXTY-FOURTH GENERAL ASSEMBLY (1905).

In the 64th session of 1905, the Senate consisted of 36 Republicans and 14 Democrats, and the House of 79 Republicans and 21 Democrats. The amendment authorizing the General Assembly to prescribe the qualifications to practice law, which was pending from the 63d session, was adopted and submitted to the people for ratification. Amendments proposed and rejected

provided that a tax receipt should be required of all persons offering to vote; that the term of an incumbent in office should neither be increased nor diminished during the term for which he was elected, nor the fees or salary increased or diminished; and fixing the number and tenure of Supreme judges.

481. Qualifications to Practice Law.

The lawyers amendment was introduced in the House on February 1, by Mr. Jesse E. Wilson, a Republican, and passed on February 23 by a vote of 51-24. The resolution passed the Senate on March 3 by a vote of 34-0.

HOUSE RESOLUTION (FEBRUARY 1, 1905).

[House Journal, Sixty-fourth Session, 1453.]

Engrossed House joint resolution No. 2: A joint resolution to amend Section 21 of Article 7 of the Constitution of the State of Indiana.

Section 1. Be it resolved by the General Assembly of the State of Indiana, That the following proposed amendment to the Constitution of said State be, and the same is now agreed to and referred to the electors of the State of Indiana at the next general election:

Sec. 21. The General Assembly shall, by law, prescribe what qualifications shall be necessary for admission to practice law in all courts of justice.

SENATE RESOLUTION (JANUARY 30, 1905).

The same amendment was introduced in the Senate on January 30. On February 24, the resolution came up for third reading and was temporarily postponed; in the meantime, the House resolution passed and the Senate resolution was not subsequently considered.

[Senate Journal, Sixty-fourth Session, 575.]

Senate joint resolution No. 3 to amend Section 21 of Article 7 of the Constitution of the State of Indiana.

Section 1. Be it resolved by the General Assembly of the State of Indiana, That the following proposed amendment to the Constitution of said State be and the same is now agreed to and referred to the General Assembly of said State to be chosen at the next general election.

Sec. 2. The General Assembly shall by law prescribe what qualifications shall be necessary for admission to practice law in all courts of justice.

482.

Qualifications of Voters-Tax Receipts and Education (January 12, 1905).

On January 12, Senator L. Ertus Slack introduced a resolution proposing an amendment to the Constitution providing for permanent registration records, and requiring persons admitted to registration to be able to read the English language, and requiring all persons to present a tax receipt before they were admitted to exercise the right of suffrage. On February 1, an attempt was made to amend the resolution by striking out the word "male," thus conferring the right of suffrage on women; this motion was lost by a vote.of 20-27. The resolution was then indefinitely postponed by a vote of 32-13.

[Senate Journal, Sixty-fourth Session, 304.]

Joint Senate resolution No. 1 to amend Section 2 of Article 2 of the Constitution of the State of Indiana.

Section 1. Be it resolved by the General Assembly of the State of Indiana, That the following proposed amendment to the Constitution of said State be and the same is now agreed to, and referred to the General Assembly of said State, to be chosen at the next general election: Amend Section 2 Article 2 of said Constitution, to read as follows:

Sec. 2. In all elections not otherwise provided for by this Constitution, every male citizen of the United States, of the age of twenty-one years and upward, who shall have resided in the State during the six months, and in the township sixty days, and in the ward or precinct thirty days, immediately preceding such election, and every male of foreign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months, and in the township sixty days, and in the ward or precinct thirty days, immediately preceding such election, and shall have declared his intention to become a citizen of the. United States conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside, if he shall have been duly registered according to law, and shall have paid on or before the first Monday in May of the year in which he desires to vote the poll tax then assessed to him, for which he shall produce the receipt, on demand of an official challenger or a member of the election board. The General Assembly shall make provision by law for the permanent registration by wards and townships, by nonpartisan boards of registrars, before January 1, 1909, of all persons then entitled to vote under the provisions of the Constitution as in force January 1, 1905. No voter so registered shall be required to register there