in some appropriate from to the people of the State, and to protect the canal from sale, and its revenues from sequestration.

Resolved by the Senate (the House of Representatives concurring), That this General Assembly of the State of Indiana will make provision for the payment of the principal and interest of the old bonds of the State, issued prior to the year 1841, and not surrendered under legislation of 1846 and 1847, known as the "Butler Bills." In which the concurrence of the House is requested.

260.

Wabash and Erie Canal-Constitutional Amendment (January 5, 1871).

On January 5, Mr. Willis G. Neff, a Democrat, introduced the following resolution in the House, which was finally superseded by the foregoing

measure.

[House Journal, Forty-seventh Session, 14.]

WHEREAS, by an act of the legislature of the State of Indiana, approved January 19, 1846, and 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, and an act supplemental thereto, passed January 27, 1847, the said Scate of Indiana conveyed the Wabash and Erie Canal (including eight hundred thousand acres of land) in trust for the bond holders, and whereas said arrangement was made at the instance of the creditors of said State, and was recognized as an equitable and just settlement between said State and the holders of certificates of stock, or bonds of the Wabash and Erie Canal issued by said State; therefore,

Be it enacted by the Legislature of the State of Indiana, That the following amendment shall become a part of the Conscitution of the State of Indiana when the same shall be agreed to by a majority of the members elected to each of the two houses of the present legislature, and the said amendment shall be entered. on the Journals of each house of the present legislature, and the same is hereby referred to the General Assembly of the State of Indiana to be elected at the next general election, to-wit:

AMENDMENT.

That the legislature of the State of Indiana, is forever prohibited from purchasing or taking back the Wabash and Erie Canal, and said legislature is prohibited forever from paying or assuming the payment or issuing bonds in lieu of the bonds, or

certificates of stock issued by the State of Indiana, mentioned in the above recited acts, and any acts of the said legislature which shall be passed authorizing the payment of said bonds, or funding the same or in any way recognizing them as valid indebtedness of said State, shall be null and void.

261.

Wabash and Erie Canal-Constitutional Amendment (January 16, 1871).

On January 16, Mr. Jason B. Brown introduced a resolution in the Senate proposing certain unspecified amendments to the Constitution. From the connection in which this measure was subsequently treated it is reasonably clear that the resolution refers to the Wabash and Erie Canal.

[Senate Journal, Forty-seventh Session, 160.]

Joint resolution No. 4. Proposing an amendment to the Constitution of Indiana.

262. Railroad Rates and Discrimination (January 17, 1871).

By the beginning of the year 1871, the railroad problem in this State had assumed large proportions. Railroad building had been pursued with considerable diligence for upward of 40 years. The first railroad charters granted were issued in 1832. The first actual construction work was done in 1834. On October 1, 1847, the first train reached Indianapolis. The State was at first a partner in these enterprises but retired from the contract about 1852. In 1850, there were 212 miles of railroad in successful operation in the State and upwards of 1,000 miles more had been surveyed. The construction of railroads led to the passage of a considerable body of legislation designed to regulate and control these new agencies of transportation and within a comparatively short time after the inauguration of the new transportation system charges of excessive fares, extortionate rates and discrimination in service were made by shippers and patrons of the railroads generally. The agrarian agitation, stimulated by alleged unfairness, was reflected in many ways in the legislation of Indiana, but the problem had not become so acute as to lead to a demand for constitutional changes until the year 1871. On January 17, Mr. John W. Wymer, a Republican, introduced a resolution in the House which proposed to so amend the Constitution as to authorize the legislature to prescribe reasonable maximum freight and passenger rates and to prohibit discriminations between competing lines. The resolution was referred to the Judiciary Committee, from which it never emerged.

[House Journal, Forty-seventh Session, 196.]

House joint resolution No. 6. Joint resolution proposing an amendment to the Constitution of the State of Indiana.

Be it resolved by the Senate and House of Representatives of the State of Indiana (a majority of both houses concurring), That the

following article be proposed as an amendment to the Constitution of said State, which upon being agreed to by a majority of all the members elected to the next General Assembly of said State, and ratified by a majority of the electors of said State, shall become a part of said Constitution, and assigned to Article 15.

Section 2. The legislature may from time to time, pass laws establishing reasonable maximum rates for the transportation of passengers and freights on the different railroads in the State of Indiana, and shall prohibit running contracts between such railroad companies, whereby discrimination is made in favor of either of such companies as against other companies owning connecting or intersecting lines of railroads.

263. Woman Suffrage-Resolution of Inquiry (January 20, 1871).

The question of woman suffrage was receiving considerable attention at this time and the accompanying resolution was the second proposal which had been made to so amend the Constitution as to remove all legal and political disabilities of women. On January 10, a petition signed by citizens of Jay county was presented in the Senate asking that the Constitution be so amended "as to remove all legal and political disabilities of women," and on January 16, a similar petition signed by sundry citizens of the State was presented. Meantime the Woman's State Suffrage Association had asked leave of the General Assembly to formally present a petition in favor of woman suffrage, and this permission was granted by a concurrent resolution adopted by both houses. Accordingly, on January 20, the Senate proceeded to the House chamber, and upon invitation of the LieutenantGovernor, Miss Amanda Way, who had the memorial in charge, came forward and formally presented it. Immediately after the adjournment of this joint meeting, Mr. Othniel Beeson presented a resolution in the Senate providing for the submission of the woman suffrage question to the women themselves, which was adopted by a vote of 38-3.

[Senate Journal, Forty-seventh Session, 235.]

Resolved, That the Committee on the Rights and Privileges of the Inhabitants of the State, are requested to report at an early day upon the power and propriety of the legislature submitting by law the question of female suffrage to a vote of the women of the State, and the passage of an amendment to the Constitution giving such right of suffrage, when approved by a majority. of the women voting at such election.

264. Majority Senate Committee Report on Woman Suffrage (February 14, 1871).

On February 14, the select committee brought in a divided report;

lay the resolution on the table failed by a vote of 15-26. The report of the committee as amended was agreed to by a vote of 30-13, and the resolution was adopted by a vote of 26-15. The resolution was not taken up by the House until March 11. The proposition enabling towns and townships to levy additional taxes was adopted by a vote of 54-14. The second proposition relative to the Wabash and Erie Canal was lost for want of a constitutional majority, the vote being 47-21. The House then refused, without vote, to concur in the resolution.

249. Supplementary School Revenue (January 15, 1867).

Even before the foregoing Senate resolution was considered, on January 15, Mr. Smith of Lagrange, a Republican, introduced a resolution in the House relative to the creation of supplementary school revenue, which was referred to the Judiciary Committee. On January 25, the committee reported that it was inexpedient to pass the resolution as a similar resolution had passed the General Assembly on March 6, 1865, and the report was concurred in.

[House Journal, Forty-fifth Session, 76.]

Joint resolution No. 5. A joint resolution proposing an amendment to Article 8 of the Constitution, so as to enable townships to levy taxes for the support of common schools.

250. Supplementary School Revenue (January 30, 1867).

On January 30, Mr. William E. McLean, a Republican, introduced the following resolution, which was referred to the Committee on Education.

[House Journal, Forty-fifth Session, 265.]

WHEREAS, The legislature of Indiana, at its forty-third regular session, passed joint resolution No. 2, entitled "A joint resolution proposing an amendment to article eight of the constitution, so as to enable cities and towns to levy taxes for the support of common schools," approved March 6, 1865, which joint resolution provided as follows: "Be it resolved by the General Assembly of the State of Indiana, That the following amendment be proposed to the Constitution of the State, and be agreed to and submitted to the electors for their adoption or rejection: Provided, The same is agreed to by a majority of all the members elected to the General Assembly, chosen at the next general election. That there be added to article eight of the Constitution the following section: 'Incorporated cities and towns shall have power, by taxation, under regulations prescribed by the General Assembly, to raise revenue for the support of common schools in addition to the revenue derived for that purpose from the State;" therefore,

Be it resolved, That the said joint resolution be agreed to by the members of this General Assembly, and that the same be sub

mitted to the electors at the State election to be held in October next, as an amendment to the State Constitution.

On February 2, the committee recommended the adoption of this resolution. On February 12, the resolution was recommitted to the Committee on Education with instructions to amend by providing that the Secretary of State be directed to give the proper notice of the proposed amendment and the manner of voting. An attempt was made to lay the resolution on the table, but was lost by a vote of 31-49. Apparently, there was no further action.

251. Defining a Legislative Quorum (January 10, 1867).

On January 10, Mr. Michael F. Shuey, a Republican, introduced a resolution in the House providing for a constitutional amendment defining a legislative quorum. On January 11, the resolution was submitted to a special committee of five. Subsequently, this resolution was submitted to the Judiciary Committee who reported adversely on January 25 for the reason "that an amendment approved March 6, 1865, is still pending." On January 29, the resolution was indefinitely postponed.

[House Journal, Forty-fifth Session, 15.]

Joint resolution No. 3. A joint resolution proposing an amendment to the ninth section of the third article of the Constitution of the State.

252. Democratic Platform of 1868-Negro Suffrage (January 8, 1868).

The Democrats of Indiana, gathered in convention on January 8, 1868, adopted the following resolution relative to negro suffrage which the reconstruction policy of the Republicans was rendering inevitable.

[Indianapolis Journal, January 9, 1868.]

That we are opposed to conferring the right of suffrage on negroes. We deny the right of the general government to interfere with the question of suffrage in any of the States of the Union.

THE FORTY-SIXTH GENERAL ASSEMBLY (1869).

The Forty-sixth General Assembly was predominantly Republican. Fewer constitutional measures were considered at this session than at any session since 1855. One of the reasons for the inactivity of the legislature on constitutional measures was the fact that a solution of the school question had been arrived at. As has been shown above, an act was passed in 1852 enabling local school corporations to levy supplementary school taxes. This law was declared unconstitutional in 1854 and had produced a wide spread demand for a constitutional amendment to correct this difficulty. As none had been obtained, the General Assembly, on March 9, 1867, passed another measure which was substantially identical with the law of 1852, and which