Indiana, That each of said proposed amendments shall be submitted to the electors of the State, at the election to be held on the first Monday of April, 1880, for their adoption or rejection.

Sec. 2. The Secretary of State shall procure ballots of blue paper, on each of which shall be printed the proposed amendments, and below each amendment shall be printed the word "yes," in one line, and in another line the word "no." He shall, at least thirty days before said election, send to the sheriff of each county a number of ballots, not less than three times the number of voters therein, and the sheriff shall, immediately after receiving the ballots, deliver to the trustee of each township a number of said ballots, not less than double the number of voters in the township. It shall be the duty of each trustee to see that a number of said ballots, not less than double the number of voters in each precinct in his township, be in the hands of the inspector thereof at the opening of the polls. The inspector shall, on request, deliver to each elector, at the time of the election, one of said ballots. The secretary shall also procure and furnish, as other election papers are furnished, the blanks for the tally sheets and certificates required by this act.

Sec. 3. Any qualified elector, at the time he votes for officers, or at such election, if he does not vote for any officer, may vote for or against any amendment, by depositing one of said ballots in the ballot box. If he intends to vote for any amendment, he shall leave thereunder the word "yes," and erase the word "no," by drawing a line across it, or otherwise. If he intends to vote against any amendment, the word "yes" shall, in like manner, be stricken out, and the word "no" shall be left, and if both words are allowed to remain, without either of them being so erased, the vote shall not be counted either way. If a majority of the electors shall thus ratify any of said amendments, the same shall be a part of the Constitution; but no elector shall vote more than once, and if he votes for any officer, shall at the same time vote on such amendments.

Sec. 4. The law of this State governing general elections, as to the return and canvassing of votes cast for the said constitutional amendments, shall be observed by the several boards of election, in making return and canvass of votes cast for or against said amendments, so far as they may be applicable, modified however, as to return of certificates to correspond with the time in this act provided.

Sec. 5. The board of election of each precinct shall count the

votes cast for and against each amendment, and certify the number, over their signatures or the signatures of the majority of them, to the clerk of the circuit court, within five days after the election. The clerk shall, within ten days thereafter, ascertain the total vote in his county, for and against each amendment, and certify the same to the Secretary of State. The Secretary of State shall, within two months after the election, determine the total vote in the State, for and against each amendment, and certify the same to the Governor. And the Governor shall immediately issue and publish his proclamation declaring the number of votes for and against each amendment. The amendments, except on the ballot, may be designated by numbers, as in the preamble of this act.

Sec. 6. Any officer violating any of the provisions of this act, or failing to discharge any duty by this act imposed on him, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum, not exceeding one thousand dollars, to which may be added imprisonment in the county jail, for any period not exceeding six months.

Sec. 7. If any elector shall cast, or personally offer to attempt to cast more than one ballot, at such election, for or against any of the constitutional amendments, he shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in any sum, not exceeding five hundred dollars, to which may be added imprisonment in the county jail, not exceeding six months. If any person shall vote or offer to vote on any of said amendments, without being a qualified elector in the precinct in which he so votes or offers to vote, he shall be liable to all the pains and penalties provided by law for the like offense at a general election.

Sec. 8. The Secretary of State shall be allowed the actual expenses of procuring the ballots, tally sheets, and certificates, and expenses of distributing the same, to be audited by the Auditor of State, and paid out of the state treasury. The sheriff of each county shall be allowed for his services ten dollars, to be paid out of the county treasury. The other officers shall be paid from the township fund, for their services, for the time engaged, in other cases.

318.

Approved, March 10, 1879.

as

Consideration of Pending Amendments in House (January 14, 1879).

In the meantime all of the foregoing resolutions had been considered by the House prior to the submission of the Senate amendments. On January

10, the House adopted a resolution requesting the Secretary of State "to furnish to the Speaker of this House a certified copy of each of the enrolled resolutions proposing amendments to the Constitution of the State of Indiana on file in his office, and which passed the Senate and House at the last session of the General Assembly." The procedure in securing consideration of the pending constitutional amendments in the House was according to the practice which had heretofore been followed; that is the pending propositions were introduced as new measures and were advanced according to the usual legislative procedure. Accordingly, these resolutions were introduced by Mr. Thomas M. Kirkpatrick, a Republican, on January 14, and were made a special order for consideration by the committee of the whole House on January 16. On January 16, the enrolled copies of the resolutions proposing constitutional amendments had not been received, and the House thereupon adopted a resolution requesting the Secretary of State to certify to the House "the joint resolutions proposing amendments to the Constitution of the State of Indiana." To this request, on January 17, the Secretary of State replied that he was unable to furnish the certified copies of these resolutions "for the reason that by a resolution of the Senate I have furnished to that body the original amendments." On the same day, the Senate resolutions were submitted to the House for its action, and the consideration of the House resolutions was discontinued. The resolutions as introduced by Mr. Kirkpatrick are as follows:

[House Journal, Fifty-first Session, 69.]

Joint Resolution No. 3. A joint resolution agreeing to and adopting amendments proposed to the Constitution, by the last General Assembly, by amending Section 2, of Article 2, and prescribing the qualification of voters. Joint resolution No. 4 (Senate). A joint resolution agreeing to and adopting an amendment to the Constitution by the last General Assembly, by amending Section 5, of Article 2, by striking out the words "no negro or mulatto" shall have the right of suffrage.

Joint resolution No. 5. A joint resolution, agreeing to and adopting an amendment proposed to the Constitution, by the last General Assembly, by amending Section 14, of Article 2, in relation to elections, and the time of holding the same.

Joint resolution No. 6 (Senate). A joint resolution agreeing to and adopting an amendment proposed to the Constitution, by the last General Assembly, by striking the word "white" from Sections 4 and 5 of Article 4.

Joint Resolution No. 7. A joint resolution agreeing to and adopting an amendment proposed to the Constitution, by the last General Assembly, by amending the fourteenth clause of Section 22, of Article 4, in relation to fees and salaries.

Joint resolution No. 8. A joint resolution agreeing to and adopting an amendment proposed to the Constitution, by the last General Assembly, by amending Section 1, of Article 7, in relation to the courts in which the judicial power of the State shall be vested.

Joint resolution No. 9. A joint resolution agreeing to and adopting an amendment to the Constitution, by the last General Assembly, by amending

11-5055a

Section 2, of Article 7, in relation to the number of judges of the Supreme Court, and the mode of their election.

Joint resolution No. 10. A joint resolution agreeing to and adopting an amendment proposed to the Constitution, by the last General Assembly, by striking out all of the sections of the thirteenth article and inserting therefor a section in relation to municipal corporations and prescribing the limit of their indebtedness.

Joint Resolution No. 11. A joint resolution agreeing to and adopting an amendment proposed to the Constitution by the last General Assembly, by amending Section 29 of Article 4, in relation to the compensation of members of the General Assembly, and fixing the length of the sessions thereof.

319.

Submission of Pending Amendments to Electors (February 1, 1879).

A bill was also introduced in the House on February 1, by Mr. John B⚫ Connor to provide for the submission of the proposed amendments to the electors. On February 3, the bill was referred to the Committee on Elections. On February 6, the committee reported back the following bill as a substitute.

[House Journal, Fifty-first Session, 372.]

That the several proposed amendments to the Constitution passed and proposed by the fiftieth General Assembly and agreed to by the fifty-first General Assembly, and numbered respectively 1, 2, 3, 4, 5, 6, and 9, shall be submitted to the electors of the State at the regular township elections to be held on the first Monday in April in the year 1880; and the Secretary of State is hereby authorized to procure and cause to be distributed to each township trustee in the State a sufficient number of ballots for such township, not less in number than double the number of votes cast therein for Secretary of State at the last general election in October, 1878, upon each of such ballots he shall cause to be accurately printed all of the said proposed constitutional amendments, which shall be numbered thereon in their order, such number being immediately above the proposed amendment to which it refers. Immediately below each of said proposed amendments there shall be printed the following words "Upon the above proposed amendment number (giving the proper number) I vote" (leaving a blank space sufficient to write the word "no" or "yes" as the voter desires). Each of such ballots shall have printed at the head or top the following words: "The proposed constitutional amendment," and upon the outside thereof, so tha they may be visible when the ballot is folded, shall be printed the following words. "Constitutional amendment." Each and every legally qualified voter at said township election may at the polls where he is entitled to

vote deposit one of the said ballots in the ballot box and no more, at the same time and under the same regulations as he may then be entitled to cast his ballot for the township trustees at such election, and such voter may so vote for or against each of said amendments by writing in the proper place the words "no" or "yes" as the case may be. .The board of judges shall count the votes so given.

The board of judges shall count the votes so given for and against each of said proposed amendments. That is, when in the proper place the word no shall be written they shall count one vote against that proposed amendment, and when in the proper place the word yes shall be written they shall count one vote for that proposed amendment designating each one by its proper number, and they shall certify the result into the clerk's office of the county in the same manner and under the same regulations as may be provided by law for certifying and returning the result of the election of the township trustees when voted for, and the clerk shall certify and transmit the result of the vote in his county to the Secretary of State within five days after receiving such result, in the same. manner that he is now required to certify and transmit the votes for State officers. And the Secretary of State shall certify the result to the Governor in the same manner he is now required to certify the result of the vote for State officers, and the Governor shall by proclamation to be published as he may direct declare the result and if the majority of the votes so given shall be for any or either of said proposed amendments, then such amendment shall be deemed and declared to be adopted, and shall become from the date of its adoption a part of the Constitution, or the parts of the Constitution referred to in such amendment, shall be deemed to be amended or stricken out as the case may be.

By a vote of 52-43, the report was laid on the table. Amendments were then proposed to the original bill. The date of the election was fixed on the first Tuesday in March, 1879, by a vote of 50-43. An attempt to change this date to the first Monday in April, 1880, was lost by a vote of 41-53. The House also refused to fix the election on the second Tuesday in October, 1879, by a vote of 18-76. The bill was then submitted to the Judiciary Committee, by a vote of 49-43, with instructions to report the bill back the following morning. On February 7, the Judiciary Committee reported the bill with several amendments, including the following relative to the method of voting.

[House Journal, Fifty-first Session, 387.]

. And the Secretary of State is hereby authorized and required to procure and cause to be distributed to each of the sheriffs