adjudicated by any section shall be referred to the whole court for any cause, such adjudication shall be vacated if such reference is demanded or occurs, as herein before provided, within forty days. from and after such adjudication.

The whole Court shall, without delay, meet and consider all matters referred thereto, and a majority of the Justices shall constitute a quorum to do business, and all questions must be adjudicated by not less than a unanimous quorum.

In the absence of the Chief Justice the whole court and each section may select a temporary presiding officer.

This section shall be in force immediately upon its adoption, and the Governor shall forthwith appoint a sufficient number of Justices to complete the number hereby required.

Such appointment shall be so made as that the Justices of the Supreme Court shall be equally distributed among the districts existing at the time, and the Justices so appointed shall hold their offices until their successors are elected at the next general election, and duly qualified to serve thereafter the full term of seven years; and thereafter every Justice elected to fill a vacancy shall serve during the unexpired term of the Justice whose term he is elected to fill; in the interim between the vacation of such office and such election the vacancy shall be filled by appointment of the Governor.

The Justices now in office may serve out their full terms of six years, and at the ends of such terms their successors shall be elected for seven years.

Amend Section 3 Article 7, to read as follows:

Sec. 3. The State shall, after the first election, be divided. into as many districts as there are Justices, to be formed of contiguous territory by counties as nearly equal in population as possible, and one shall be chosen by the voters of the whole State from each district, which first election shall be from the present districts by all of said voters, as hereinbefore provided.. Amend Sections 5 and 6, Article 7, to read as follows:

Secs. 5 and 6. All decisions shall be in writing. The Court shall, in its discretion, designate what opinions shall be printed. in the reports at the term in which the appeal is finally disposed of.

On January 15, Senator Theodore Shockney introduced a resolution increasing the membership of the Supreme Court to 13, 15, 17 or 19 judges. The resolution was never reported from committee. The resolution is not given, but it proposed to amend Sections 2 and 3 of Article 7 of the Constitution.

18-5055a

410.

Manufacture and Sale of Intoxicating Liquor (January 18 and 22, 1889).

A resolution was introduced in each House proposing an amendment prohibiting the manufacture and sale of intoxicating liquor. The Senate resolution was introduced on January 22, by Mr. George W. Alford, a Republican, and was referred to the Committee on Temperance. On March 1, on recommendation of the committee, the resolution was indefinitely postponed.

[Senate Journal, Fifty-sixth Session, 218.]

Joint resolution No. 16 proposing to amend the Constitution so as to prohibit the manufacture and sale of intoxicating liquors as a beverage within this State.

WHEREAS, It is the right as well as the privilege of the people to settle all questions of internal and local policy; and,

WHEREAS, The question of the prohibition of the traffic in intoxicating liquors is one in which they have a right to express an opinion in a non-partisan and fundamental way; therefore,

Be it resolved by the General Assembly of the State of Indiana, That the following amendment to the Constitution of the State of Indiana, be and the same is hereby proposed, to-wit: To add as Section 83 [38?] to Article 1, of said Constitution the following:

Sec. 83. No person shall hereafter manufacture for sale as a beverage, shall sell as a beverage, or keep for sale as a beverage, any intoxicating liquors of any character whatever within this State. It shall be the duty of the General Assembly to provide by law for the proper enforcement of this section.

Resolved, further, That the foregoing proposed amendment be and the same is hereby referred to the legislature to be chosen at the next general election for members of the General Assembly, and that the Secretary of State cause the same to be published three months prior to said election in two papers of general circulation and of different parties, in each Congressional district. of the State, or as may be provided by law in lieu thereof.

The House resolution was introduced on January 18, by Mr. Elisha B. Reynolds and referred to the Committee on Temperance; on February 27 the resolution was indefinitely postponed.

[House Journal, Fifty-sixth Session, 929.]

House joint resolution No. 12 proposing to amend the Constitution of the State of Indiana so as to prohibit the manufacture and sale of intoxicating liquors as a beverage:

WHEREAS, It is the right as well as the privilege of the people to settle all questions of internal and local policy; and,

WHEREAS, The question of the prohibition of the manufacture and sale of intoxicating liquors as a beverage is one in which they have a right to express an opinion in a non-partisan and fundamental way; therefore be it

Resolved, By the General Assembly of the State of Indiana, that the following amendment to the Constitution of the State of Indiana be, and the same is hereby proposed, to-wit: To add as Section 83 [38?] to Article 1 of said Constitution the following:

Sec. 83. No person shall hereafter manufacture for sale as a beverage, shall sell as a beverage, or keep for sale as a beverage, any intoxicating liquors of any character whatever within this State. It shall be the duty of the General Assembly to provide by law for the enforcement of this section.

Resolved, further, That the foregoing proposed amendment be, and the same is hereby, referred to the legislature to be chosen at the next general election for members of the General Assembly, and that the Secretary of State cause the same to be published in two papers in each Congressional District of the State three months previous to the election.

Resolved, further, That in submitting this amendment to the Constitution to the electors of the State to be voted on it shall be designated as Amendment No. —.

411. Apportionment of Senators and Representatives (January 16,

1889).

On January 16, Mr. Andrew A. Adams, a Republican, introduced a resolution in the House proposing an elaborate scheme for the apportionment of senators and representatives. The resolution was referred to the Committee on Ways and Means, and indefinitely postponed.

[House Journal, Fifty-sixth Session, 131.]

Joint resolution No. 5 proposing an amendment to the Constitution of the State:

Resolved by the General Assembly of the State of Indiana, That the following amendment to the Constitution of the State be, and the same is hereby proposed, to-wit: Amend the State Constitution by adding to the sixth section of the fourth article the following clauses:

(a) A representative district shall not be composed of more than three counties, and no county shall be joined with another county, or other counties in more than one senatorial district.

(b) Representative districts, so nearly as possible, shall be

made equal one with another in respect to enumerated adult male inhabitants, and senatorial districts shall likewise be equal one with another, and no apportioment or part thereof shall be made with the view of compensating any county or district for lack of representation in one branch of the legislature with increased representation in the other branch.

(c) The basis for making an apportionment shall be a representative unit and a senatorial unit of representation-these units to be obtained by dividing the total number of adult male inhabitants of the State (as last enumerated) by the total number of representatives and of senators respectively.

(d) Each county shall have as many representatives as it shall have representative units of inhabitants, and as many senators as it shall have senatorial units; and if a county not having a full representative unit shall have as much as ninety per centum thereof, it shall have one representative; and if a county. not having a full senatorial unit shall have as much as ninetyfive per centum thereof, it shall have one senator.

(e) Senators and representatives not allotted to single counties or parts thereof shall be apportioned to senatorial districts of two or three counties each, and to representative districts of two counties each, the counties to be so combined as to give representation to the largest possible numbers of voters otherwise unrepresented: Provided, That no county or part of a county shall be left wholly without representation in either branch of the legislature.

412.

Inspection of Journals (March 11, 1889).

On March 11, both the Senate and the House adopted a resolution, That a special committee of three be appointed by the President, from the senators, to act with a similar committee on the part of the House of Representatives, to inspect the journal to see that Section 1 of Article 16 is complied with in the matter of records touching the passage of the constitutional amendments.

413. Filing of Proposed Amendments (March 11, 1889).

On March 11, the last day of the 56th Session, in order to insure the proper disposal of the amendments adopted, the following resolution was proposed and adopted.

[House Journal, Fifty-sixth Session, 1370.]

I move that House joint resolutions Nos. 9, 11, 13, 14, 15, 16, 19, 21, 23 and 18, proposing amendments to the Constitution, be

ordered enrolled, and that the principal clerk of this House be instructed to file said enrolled joint resolutions in the office of the Secretary of State, to be by him presented to the next General Assembly.

Which motion prevailed.

House Joint Resolutions Nos. 17, 21, 23, 18, 16, 9, 13, 11, 15, 14, were ordered enrolled and filed with the Secretary of State and referred to the next succeeding General Assembly for further consideration.

414. Republican Platform of 1890–Four Year Terms for State and County Officers (September 10, 1890).

The Republican State Convention of 1890 was held in Indianapolis on September 10. The following resolution was adopted endorsing a constitutional amendment providing four year terms for all State and county officers.

[Indianapolis Journal, September 11, 1890.]

The constitutional amendment adopted by an immense majority in March, 1881, authorizing the legislature to enact laws grading the compensation of officers according to population and services required, expressed the demand of the people for such laws. In party platforms and public utterances the democratic party has often declared in favor of such legislation, but having often a majority in both branches of the legislature, it has suffered this amendment to remain a dead letter for nine years. We favor legislation under this amendment, by which officers shall be paid fixed salaries, having regard to population and the character of the services rendered, and the prices paid for similar work in other occupations, and all fees collected be paid into the proper treasury for the public benefit. Such legislation should take effect at the close of officials' terms for which elections have been made at the time of its enactment, and should be followed by a constitutional amendment making the terms of State and county officers, except the judiciary, four years, and rendering incumbents ineligible for re-election in any period of eight years.

THE FIFTY-SEVENTH GENERAL ASSEMBLY (1891).

The Democrats had a large majority in both Houses of the 57th General Assembly of 1891. The Senate consisted of 35 Democrats and 15 Republicans, and the House of 73 Democrats and 27 Republicans. Nine amendments had been adopted by the 56th General Assembly, and submitted to the consideration of the 57th General Assembly. These nine amendments: (1) admitted negroes to the militia, (2) authorized the General Assembly to pre