Sec. 8. Public works shall not be sold or leased except in accord with a referendum vote.

Sec. 9. Cities and towns shall have the right to purchase such plants as enumerated in Section 5 of this article, at the cost of duplication, and may enforce such right by proceedings at law as in taking land for public use by right of eminent domain.

Sec. 10. No political or municipal corporation in this State, except for the purposes of complying and availing themselves of the provisions in Sections 5, 6, 7, 8 and 9, cf this article, shall ever become indebted, in any manner for any purpose, to any amount in the aggregate exceeding 2 per centum on the value of the taxable property within such corporation, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness; and all bonds or obligations, in excess of such amount, unless within the aforesaid exception, given by such corporation shall be void. Provided, that in time of war, foreign invasion, or other great public calamity, on petition of a majority of the property owners, in number and value within the limits of such corporation, the public authorities, in their discretion, may incur obligations necessary for the public protection and defense to such an amount as may be requested in such petition, and move its adoption.

473.

Constitutional Convention (February 19, 1901).

On February 19, Senator Will R. Wood, a Republican, introduced a joint resolutica providing for the call of a constitutional convention. On February 22, on recommendation of the committee, the resolution was indefinitely postponed.

[Senate Journal, Sixty-second Session, 699.]

Concurrent resolution No. 6:

Be it resolved by the Senate, the House concurring, That for the purpose of ascertaining the will of the people concerning a constitutional revision of the Constitution of the State of Indiana, at the general election, held in the year 1902, there shall be submitted to the electors of the State of Indiana the question of constitutional revision, and a separate ticket shall be provided by the election commissioners for such election, upon which shall be printed on the right hand side thereof, beneath a circle, "For a constitutional revision," and immediately opposite, on the left hand side of said ticket, beneath a circle, the following: "Against a constitutional revision."

THE SIXTY-THIRD GENERAL ASSEMBLY (1903).

The 63d session of 1903 was Republican in both Houses. The Senate consisted of 35 Republicans and 15 Democrats, and the House of 66 Republicans and 34 Democrats. The proposed amendments fixing the membership of the Supreme Court and authorizing the General Assembly to prescribe the qualifications for the practice of law, were pending. Neither of the pending amendments was adopted. The lawyers amendment was, however, introduced de novo and adopted. Besides this amendment other amendments were considered, including an elaborate proposal relative to the judiciary, prohibiting the consolidation of railroads, and fixing the terms of county officers at.four years. One attempt was made to call a constitutional convention.

The pending amendments of the 62d session were ignored, and the lawyers amendment was introduced in the House de novo on January 29, by Mr. Ralph Bamberger, a Republican, and passed on February 13 by a vote of 58-30. The resolution passed the Senate on March 7 by a vote of 33-2.

HOUSE RESOLUTION RELATIVE TO LAWYERS' QUALIFICATIONS (JANUARY 29, 1903.)

[House Journal, Sixty-third Session, 738.]

Engrossed House joint resolution No. 2, entitled: 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 General Assembly of said State to be chosen 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 RELATIVE TO LAWYERS' QUALIFICATIONS (JANUARY 15, 1903.)

A somewhat similar lawyers' qualification amendment was proposed in the Senate on January 15 by Mr. Richard Milburn. According to this proposal no person should be admitted to the practice of law unless he possessed the necessary learning and qualifications, to be prescribed by the Supreme Court. On February 16, the resolution passed the Senate by a vote of 28-6. On February 17, the resolution was referred to the House and was submitted to the Judiciary Committee, but was never reported back.

[House Journal, Sixty-third Session, 826.]

Engrossed Senate 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 is referred to the General Assembly of said State, to be chosen at the next general election: Amend Section 21 of Article 7 of the Constitution to read as follows:

Section 21. Every person of good moral character, being twenty-one years of age or over, shall have the right to practice law in all the courts of this State: Provided, Hé possess the necessary learning and other qualifications that may be prescribed by the highest court of the State.

475. Judiciary (January 16, 1903).

On January 16, Mr. E. A. Dausman introduced a resolution in the Senate proposing to amend the whole of the article on the judiciary. The most important changes proposed fixed the terms of Supreme and circuit judges at twelve years and authorized the creation of one or more judgeships for each circuit. On March 9, the last day of the session, the resolution was reported back without recommendation, and no further action was taken.

[Senate Journal, Sixty-third Session, 157.]

Senate joint resolution No. 3, to amend Article 7 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 the same is now agreed to and referred to the General Assembly of said State to be chosen at the next general election, viz.:

Amend Article 7 of the Constitution of the State of Indiana by expunging all the sections of said article and in lieu thereof insert the following:

Section 1. The judicial power of the State shall be vested in one Supreme Court, in circuit courts, and in such other inferior courts as the General Assembly may establish.

Sec. 2. The Supreme Court shall consist of not less than three, nor more than five judges, a majority of whom shall form a quorum. They shall hold their offices for twelve years, if they so long behave well.

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 from each district, and reside therein, but said judge shall be elected by the electors of the State at large.

Sec. 4. The Supreme Court shall have jurisdiction coextensive with the limits of the State, in appeals and writs of error under such regulations and restrictions as may be prescribed by law. It shall also have such original jurisdiction as the General Assembly may confer.

Sec. 5. The Supreme Court shall, upon the decision of every case, give a statement in writing of each question arising in the record of such case, and the decision of the court thereon.

Sec. 6. The General Assembly shall provide by law for the speedy publication of the decisions of the Supreme Court made under this Constitution, but no judge shall be allowed to report such decisions.

Sec. 7. There shall be elected by the voters of the State, a Clerk of the Supreme Court, who shall hold his office four years, and whose duties shall be prescribed by law.

Sec. 8. The State shall, from time to time, be divided into judicial circuits, and one judge or more for each circuit shall be elected by the voters thereof. Each circuit judge shall reside within the circuit for which he is elected, and shall hold his office. for a term of twelve years, if he so long behave well.

Sec. 9. The General Assembly may provide, by law, that the judges of one circuit may hold courts of another circuit in cases of necessity or convenience, and in case of temporary inability of any judge, from sickness, or other cause, to hold courts in his circuit, provision may be made, by law, for holding such courts.

Sec. 10. Any judge who shall have been convicted of corruption or other high crime, may, on information in the name of the State, be removed from office by the Supreme Court, or in such manner as may be prescribed by law.

Sec. 11. The judges of the Supreme Court and circuit courts shall, at stated times, receive a compensation, which shall not be diminished during their continuance in office.

Sec. 12. No person elected to any judicial office shall, during the term for which he shall have been elected, be eligible to any office of trust or profit under the State, other than a judicial office.

Sec. 13. All criminal prosecutions shall be carried on in the

name and by the authority of the State; and the style of all processes shall be, "The State of Indiana."

476. Consolidation of Railroads (February 23, 1903).

The following proposed constitutional amendment prohibiting the consolidation of inter and intra-state railroads was introduced in the Senate on February 23, and referred to the Judiciary Committee. On February 27, the committee submitted a divided report; the majority report recommended indefinite postponement, the minority report recommended passage. minority report was rejected by a vote of 13-27.

[Senate Journal, Sixty-third Session, 874.]

Senate Concurrent resolution No. 11:

The

WHEREAS, The last General Assembly of the State of Indiana passed a bill for an act permitting the consolidation of railroad companies, and the same was vetoed by the Governor, and

WHEREAS, There is now pending in this General Assembly a bill for an act, introduced by Senator Gray and known as Senate Bill No. 257, which if enacted into law permits the consolidation of railroad companies organized and incorporated outside of this State with railroad companies organized and incorporated in this State, and

WHEREAS, The consolidation of railroad companies organized and incorporated outside of the State with railroad companies organized and incorporated in the State, would be a surrender of the sovereign right of the State of Indiana over said railroad companies, and the deprivation of the courts of the State of Indiana of the right of jurisdiction over said railroad companies therefore 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: Add the following section after Section 14 Article 2 of said Constitution:

Sec. 14. The consolidation of any and all railroad companies, either in or outside this State, is hereby prohibited.

477. Terms of County Officers (February 23, 1903).

The much-mooted amendment relative to the terms of county officers was introduced in the House on February 23 by Mr. David D. Corn, a Democrat. Following is the form in which the resolution was originally presented.