The Judges assigned to each division shall, at the first meeting after the assignment to their respective divisions, select one of their number as Presiding Judge, who shall preside in such divisions when the Chief Justice is not present.

All cases in which the constitutionality of a statute, Federal or State, is in question, and such question is duly presented, the jurisdiction shall be in the court in banc, and shall not be determined in division.

Each Judge elected shall hold his office for the term of six years, if he so long behaves well, and each Judge of said court, in office, at the date of the taking effect of this section, shall continue in office until the expiration of the term for which they were respectively elected or appointed.

And that Section 3 of Article 7 be amended to read as follows: And the same is now agreed to, and referred to the General Assembly of the State to be chosen at the next general election, viz. Sec. 3. The State shall be divided into as many districts as there are Judges of the Supreme Court, and such districts shall be formed of contiguous territory as nearly equal in population as, without dividing a county, the same can be made. One of said Judges shall be elected by each district, and shall reside therein.

Resolved, Thai in submitting this amendment to the electors of the State to be voted on, it shall be designated as Amendment No. 1.

438. Voting Machines (January 11, 1895).

The question of the use of voting machines was becoming insistent, and was under consideration by both Houses. On February 22 Senator Charles E. Shiveley, by request, introduced a bill, No. 452, providing for the appointment of a joint committee of the Senate and House to inquire into the advisability of adopting voting machines to be used at all elections. This bill was referred to the Committee on Elections and never reported back. A week later, on March 1, Mr. John McGregor introduced House bill No. 644 entitled "An act to provide for the greater purity of elections, for the casting and registering of ballots by the Turner voting machine, repealing all laws in conflict therewith, and declaring an emergency." The bill was referred to the Committee on Machine Voting who recommended indefinite postponement on March 11. Meantime on January 11, Mr. George B. Cardwill, a Republican, proposed an amendment to the Constitution permitting the use of voting machines at regular elections. The resolution was referred to the Judiciary Committee, who made a favorable report on January 29. On February 18, the resolution passed the House by a vote of 71-5. On February 19, the Senate referred the resolution to the Committee on Revision of the Con

stitution. On February 28, the committee recommended indefinite postponement. The Senate, by a vote of 19-19, refused to concur in the report; and the resolution then failed of adoption by a vote of 25-14, for want of a constitutional majority. On March 11, the resolution came up for consideration again and was adopted by a vote of 26-8.

[Senate Journal, Fifty-ninth Session, 1060.]

House joint resolution No. 3. A joint resolution of the Senate and House of Representatives of the State of Indiana, to amend Section 13 of Article 2 of the Constitution of the State of Indiana concerning elections, and the manner and method of voting and balloting thereat, and to secure and preserve the secrecy of all such ballots, and prescribing the method of elections by either branch of the General Assembly.

Section 1. 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 now hereby agreed to, and referred to the General Assembly of said State to be chosen at the next general election, so wit: Amend Section 13 of Article 2 of said Constitution to read as follows:

All elections by the voters shall be by ballot or by such other method as may be prescribed by law: Provided, That the secrecy in voting be preserved: And, provided, That all elections by the General Assembly, or by either branch thereof, shall be viva voce.

Sec. 2. Resolved, That in submitting this amendment to the electors of the State to be voted on, it shall be designated as Amendment No. 1.

439. Method of Amending Constitution (January 25, 1895).

The method of amending the Constitution had proved obstructive and unworkable owing to the fact that proposed amendments must pass two succeeding sessions of the General Assembly before they were submitted to the people. On January 25, Senator John W. Kern, by request, introduced a resolution proposing an amendment to the Constitution by virtue of which an amendment which had passed both houses of one General Assembly by a majority vote might be submitted directly to the people for ratification. The resolution was referred to the Committee on Revision of the Constitution. On February 28, the committee recommended that the resolution be indefinitely postponed and the report was concurred in by a vote of 22-18.

[Senate Journal, Fifty-ninth Session, 202.]

Joint resolution No. 4. A joint resolution proposing an amendment to Section 1 of Article 16 of the Constitution of the State of Indiana.

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 and agreed to, to-wit:

Section 1. Any amendment or amendments to this Consti ution may be proposed in either branch of the General Assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall, with the ayes and noes thereon, be entered on their journals, and thereupon such General Assembly shall provide for the submission of such amendment or amendments to the electors of the State at a special, or the next succeeding general election, and if a majority of said electors shall ratify the same such amendment or amendments shall become a part of this Constitution.

Resolved, further, That in voting on this amendment it shall be designated and known as Amendment No. -.

440. Suffrage Qualifications of Aliens (January 14, 1895).

On January 14, Mr. Jerome Dinwiddie, a Republican, introduced a resolution in the House proposing to amend the suffrage section of the Constitution so as to require aliens to reside in the United States five years and to be fully naturalized before acquiring the right to vote. The resolution was referred to the Committee on Elections; on January 18 the resolution was reported back to the House with the recommendation that it be referred to the Judiciary Committee, which was done. On February 1, the committee reported favorably. On February 18, the resolution passed the House by a vote of 67-11. On February 19, the resolution was reported to the Senate and referred to the Committee on Revision of the Constitution. On February 28, the committee submitted a favorable report, but on March 11, the resolution was rejected by a vote of 13-21.

[Senate Journal, Fifty-ninth Session, 544.]

Engrossed House joint resolution No 1. A resolution to amend Section 2 of Article 2 of the Constitution of the State of Indiana.

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 is here now agreed to and referred to the General Assembly of said State, to be chosen at the next general election: Amend Section 2 of Article 2 of said Constitution to read as follows:

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 upwards, who shall have resided in this Sate during the six months and in the township sixty days and in the ward or pre

cinct thirty days immediately preceding such election, and every male citizen of foreign birth of the age of twenty-one years and upwards, who shall have resided in the United States five years and conformed to naturalization laws of the United States, and has by the proper courts been admitted to full citizenship and is now a citizen of the United States, with the same residence qualifications as other citizens of this State, shall be entitled to vote in the township or precinct wherein he may reside.

441. Number and Apportionment of Members of General Assembly (January 15, 1895).

Mr. George B. Cardwill introduced a resolution in the House on January 15, fixing the membership of the Senate at 60, chosen from twenty senatorial districts, and apportioning the representatives among the counties on the basis of population. The resolution was referred to the Committee on Legislative Apportionment and reported favorably on February 25. On March 5, the resolution was read a second time, ordered engrossed but advanced no further.

[House Journal, Fifty-ninth Session, 110.]

House joint resolution No. 2, entitled: A joint resolution to amend Sections 2, 3, 4, 5 and 6 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 the State of Indiana be, and the same is now hereby, agreed to and referred to the General Assembly of the State to be chosen at the next general election, to-wit: Amend Sections 2, 3, 4, 5 and 6 of Article 4 of said Constitution to read as follows:

The Senate of the State of Indiana shall consist of sixty members, to be chosen from twenty senatorial districts by the qualified voters of said districts, these senators to be chosen from each district in such a manner that not more than two senators from any district shall belong to the party being in the majority in said district.

The General Assembly of the State of Indiana elected at the time this amendment to the Constitution is adopted by the voters of said State, shall divide the State into twenty senatorial districts of as compact and contiguous territory, and as nearly equal population as is possible without dividing any county in the State, and shall also divide said senatorial districts into two classes of ten districts each, the senators from the first class to be elected for two years only, at the first general election succeeding such division, and for four years at the following election. The senators

from the second class to be elected for four years at the first general election succeeding such division into classes. All senators except those elected for two years at the first general election held after said division into classes, to hold office for four years.

2. The House of Representatives of the State of Indiana shall consist of one member from each county in the State having a population not exceeding twenty-five thousand, two members from each county having a population exceeding twenty-five thousand and not exceeding fifty thousand, three members from each county having a population exceeding fifty thousand and not exceeding seventy-five thousand, four members from each county having a population exceeding seventy-five thousand and not exceeding one hundred thousand, five members from each county having a population exceeding one hundred thousand and not exceeding one hundred and twenty-five thousand, six members from each county having a population exceeding one hundred and twentyfive thousand and not exceeding one hundred and fifty thousand. The population in each case to be ascertained from the last preceding decennial census of the United States.

The General Assembly is instructed to re-arrange the number of members of the House of Representatives to which each county is entitled, as provided herein, at its regular session immediately following the taking of the regular decennial census by the United States.

No counties are to be united or none divided in arranging the membership of the House of Representatives.

442.

Local Laws Reimbursing Public Officials (January 16, 1895). On January 16, Mr. Andrew J. Stakebake, a Republican, proposed an amendment to the Constitution prohibiting the General Assembly from passing local laws reimbursing public officers who had loaned, deposited, or misapplied and lost public money. The resolution was referred to the Judiciary Committee, reported favorably on January 29, and passed on February 18, by a vote of 64-8. On February 19, the resolution was reported to the Senate and referred to the Committee on Revision of the Constitution, and reported favorably on February 28, but no further action was taken.

[House Journal, Fifty-ninth Session, 407.]

House joint resolution No. 5.

Be it resolved by the General Assembly of the State of Indiana, That the following proposed amendment to the Constitution of the State be, and the same is here now agreed to, and referred