authorized the trustees of civil townships and incorporated towns and the common councils of cities to levy annually a tax not exceeding 25 cents on each $100 of taxable property and 25 cents on each taxable poll, to be used for common school purposes. In 1869, the constitutionality of this measure had not been tested, and in every locality where the tax had been levied "the people seem to have acquiesced in the law under which it was imposed as a constitutional exercise of the taxing power." In his message to the General Assembly on January 8, Governor Baker said that “if this acquiescence shall continue," or if the constitutionality of the measure should be sustained, "the interests of common school education will probably be better subserved by the aid thus given than by an increase of the State tax for school purposes." The Governor also made a second recommendation of constitutional importance. He reminded the legislature that the aggregate canal debt which the State might conceivably assume was upwards of $15,000,000; that in 1857 a joint resolution had been adopted declaring that the General Assembly had no constitutional power to purchase the Wabash and Erie Canal, and that if it had such power it would be "impolitic, unwise and injurious to the best interests of the people of the State "; that at the session of 1867 a constitutional amendment covering this question had been proposed and passed by the Senate but not acted upon by the House. He now respectfully recommended that the substance of the joint resolution of 1857 "be re-adopted at the present session." The only two constitutional propositions which were considered were the Wabash and Erie Canal amendment and the question relative to the method of amending statutes.

253.

Wabash and Erie Canal (February 8, 1869).

On February 8, the following resolution relative to the Wabash and Erie Canal was introduced in the Senate and referred to the Judiciary Committee.

[Senate Journal, Forty-sixth Session, 335.]

Be it resolved by the Senate of the State of Indiana, the House of Representatives concurring, That the following amendment be proposed to the Constitution of the State of Indiana.

AMENDMENT TO THE CONSTITUTION.

No law or resolution shall ever be passed by the General Assembly of the State of Indiana, that shall recognize any liability of this State to pay or redeem any certificate of stock issued in pursuance of an act entitled an act to provide for the funded debt of the State of Indiana, and for the completion of the Wabash and Erie Canal to Evansville, passed January 19th, 1846, and an act supplemental to said act, passed January 19th, 1847, which, by the provisions of the said acts or either of them, shall be payable exclusively from the proceeds of the canal lands, and the tolls

and revenues of the canal in said acts mentioned, and no such certificate or stock shall ever be paid by this State.

On February 18, the committee presented a favorable report which was concurred in. On February 23, an attempt to indefinitely postpone the consideration of the amendment was lost by a vote of 16-18. By a vote of 19-15, the resolution was referred to the Judiciary Committee and there was apparently no further action.

254. Wabash and Erie Canal (February 23, 1869).

On February 23, Mr. John Green, a Republican, introduced a resolution in the Senate declaring it both unconstitutional and impolitic to purchase the Wabash and Erie Canal. This resolution was referred to the Judiciary. Committee who returned a favorable report on March 1, but apparently nothing further was done.

[Senate Journal, Forty-sixth Session, 519.]

Joint resolution No. 14. Declaring it unconstitutional and impolitic for the General Assembly to purchase the Wabash and Erie Canal, or to acknowledge any liability on the part of the State on account of the debt charged upon said canal.

255.

Method of Amending Acts (March 1, 1869).

In Langdon v. Applegate, 5 Ind. 327, the Supreme Court held that in amending acts, both the act amended and the act as revised must be set forth. This construction rendered scores of laws unconstitutional because the method employed was irregular. At the November term, 1867, in Greencastle Turnpike Co. v. State, 28 Ind. 382, this decision was reversed, with the result that the General Assembly was seriously perturbed as to the proper method to be employed. Accordingly, on March 1, the following resolution was proposed and adopted but apparently not acted upon further.

[Senate Journal, Forty-sixth Session, 610.]

Resolved, That the Judiciary Committee are hereby instructed to inquire in what condition the decision of the Supreme Court, in the case of Greencastle v. State, reported in 28th Indiana, overruling the decision in the case of Langdon v. Applegate, in 5th Indiana, leaves the statutes on the subject of descents, and the settlement of decedent's estates, and what legislation if any, is needed in reference thereto.

256. Republican Platform of 1870—Wabash and Erie Canal (February 22, 1870).

At its convention assembled in Indianapolis on February 22, 1870, the Republican Party adopted the following resolution relative to the Wabash and Erie Canal bonds.

[Indianapolis Journal, February 23, 1870.]

That the canal stocks, issued under the legislation of 1846 and 1847, commonly called the "Butler Bill," were, by the terms of the contract, charged exclusively upon the Wabash and Erie Canal, its revenues and lands; and the faith of the State never having been directly or indirectly pledged for the payment or redemption thereof, said canal stocks therefore constitute no part of the outstanding debts or liabilities of the State. That the Constitution of this State ought to be amended at the earliest practicable period, so as to prohibit the taking effect of any law or acts of the General Assembly proposing to recognize or create any liability of the State for the said canal stock, or any part thereof, until such proposition shall have been submitted to a direct vote of the people of the State and approved by them.

THE SPECIAL SESSION OF THE GENERAL ASSEMBLY (April 8 to May 17, 1869).

The calling of the special session of 1869 was rendered necessary by reason of the fact that the General Assembly at its regular session had failed to pass the necessary appropriations to carry on the State government. The personnel was the same as that at the regular session. No constitutional measures were proposed for consideration in either house.

THE FORTY-SEVENTH GENERAL ASSEMBLY, (1871)

At the Forty-seventh session of 1871, the Democrats had returned to power. The Senate consisted of 26 Democrats and 24 Republicans and the House of 53 Democrats and 47 Republicans. The chief attention of the General Assembly at this session was devoted to perfecting an amendment by which the State would be prohibited from assuming the indebtedness of the Wabash and Erie Canal. Attempts were also made to provide for the calling of the constitutional convention, to authorize the General Assembly to prescribe maximum freight and passenger rates on the railroads and to confer the right of suffrage on women. The Wabash and Erie Canal amendment passed both houses by overwhelming majorities.

257. The Wabash and Erie Canal-Governor Baker's Recommendation (January 6, 1871).

In his message delivered to the two houses of the General Assembly on January 6, 1871, Governor Baker devoted fully one-third of his message to a discussion of the canal question. He informed the General Assembly that a renewed attempt was to be made by the holders of the Wabash and Erie stocks "to induce the General Assembly to charge the payment thereof on the treasury of the State." In 1857, it was rumored that such an attempt would be made. To anticipate the accomplishment of this object, the

General Assembly passed the joint resolution, approved February 19, 1857, which condemned in advance "an expected effort to have the canal debt charged by legislative action on the State treasury." In March, 1857, a few days before the adjournment of the legislature, the canal stock holders transmitted a memorial through the Governor to the General Assembly in which the attempt was made to show that "the State by her own acts had rendered herself liable for the payment of said stocks." A new edition of this pamphlet had been brought out and a copy was sent to every member of the present legislature. The "press of New York and London have been used to give currency to the imputation that Indiana, in refusing to charge these canal stocks upon her treasury, is guilty of repudiation," and it therefore seemed proper "that the public should be informed through some official channel, of the views entertained by our people, together with the grounds upon which they are based." The Governor ended by recommending the adoption of a constitutional amendment expressly disclaiming any part of the Wabash and Erie Canal debt.

[Senate Journal, Forty-seventh Session, 43.]

I earnestly recommend the passage of a joint resolution proposing an amendment to the Constitution, so as to declare, that no act of legislation shall ever take effect, or become a law of this State, whereby said canal stocks, or any part thereof, shall be recognized as a debt of the State, or charged upon the treasury thereof, by way of redeeming said canal or otherwise, until such act of legislation shall have been submitted to, and ratified by, the qualified electors of this State, at a special election to be held for that purpose, in pursuance of law, a majority of the votes cast at such election to be necessary to effect the ratification.

258.

Wabash and Erie Canal Amendment (January 6, 1871).

On January 6, Mr. John Caven, a Republican, introduced a resolution to carry out the Governor's recommendation, prohibiting the General Assembly from assuming any liability incurred by the Wabash and Erie Canal. After a prolonged discussion, the resolution was adopted by the Senate on January 18, by a vote of 45-1. After its presentation in the House, the resolution was made a special order for January 24. On that day the House committee which had been considering all constitutional propositions recommended the adoption of the Senate resolution, which thereupon was adopted by a vote of 93-0, seven members being absent.

[Laws, Forty-seventh Session, 67.]

Joint resolution No. 1. A joint resolution, proposing an amendment to the Constitution, by adding to the tenth article a section in relation to the debt charged upon the Wabash and Erie Canal.

Joint resolution No. 1. A joint resolution, proposing an amendment to the Constitution, by adding to the tenth article a section in relation to the debt charged upon the Wabash and Erie Canal.

Be it resolved by the General Assembly of the State of Indiana, That the following amendment be, and hereby is, proposed to the Constitution of this State, and that the same be, and is hereby agreed to and submitted to the electors of the State for their ratification or rejection: Provided, The same shall be agreed to by a majority of all the members elected to each house of the General Assembly of this State, to be chosen at the next general election. Said amendment to consist of the addition of the following section. to the tenth article of the Constitution, in the language following: No law or resolution shall ever be passed by the General Assembly of the State of Indiana, that shall recognize any liability of this State to pay or redeem any certificate of stock issued in pursuance of an act entitled "An act to provide for the funded debt of the State of Indiana, and for the completion of the Wabash and Erie Canal to Evansville," passed January 19th, 1846, and an act supplemental to said act, passed January 29th, 1847, which, by the provisions of the said acts, or either of them, shall be payable exclusively from the proceeds of the canal lands, and the tolls and revenues of the canal in said acts mentioned, and no such certificate or stocks shall ever be paid by this State.

Resolved further, That the foregoing joint resolution be, and the same is hereby referred to the General Assembly of this State, to be chosen at the general election to be held on the second Tuesday in October, in the year of our Lord one thousand eight hundred and seventy-two.

259.

Wabash and Erie Canal-Bonds Issued Prior to 1841 (January 19, 1871).

A concurrent resolution adopted by the Senate and apparently designed to accompany the foregoing proposed constitutional amendment, and to dispose of the old State bonds issued prior to 1841, and as a reply to the elaborate memorial presented by the bond holders, was rejected by the House.

[House Journal, Forty-seventh Session, 270.]

Be it resolved by the Senate (the House of Representatives concurring), That it is inexpedient to take any legislative action on the subject of the resumption by the State of the Wabash and Erie Canal, excepting for the purpose of submitting the matter