Jasper County Democrat, Volume 14, Number 15, Rensselaer, Jasper County, 27 May 1911 — THE INDIANA CONSTITUTION [ARTICLE]

THE INDIANA CONSTITUTION

Parallel Columns Showing Proposed Changes— To Be Voted on in November, 1912.

BILL OF RIGHTS.

Present Constitution. Section 12. All courts shall be open; and every man, for injury done him in his person, property or reputation shall have remedy by due course of law. Justice shall be administered freely and without purchase; completely, and without denial; speedily, and without delay. Section 21. No man’s particular services shall be demanded without just compensation. No man’s property shall be taken by law without just compensation; nor, except in the case of the state, without such compensation first assessed and tendered.

Proposed New Constitution. Section 12. All courts shall be open; and every man, for injury done to him in person, property or reputation, shall have remedy by due course of law; but the General Assembly may enact a workman’s compulsory compensation law, for injuries or death occurring in hazardous employment. In enacting such law. the General Assembly shall have the right to define hazardous employment. Justice shall be administered freely, and without purchase; completely, and without denial; speedily, and without delay. Section 21. No man’s particular services shall be demanded without just compensation. No man’s property shall be taken by law without just compensation; nor, in case of the state, without just compensation first assessed and tendered, save only in case of necessity.

ARTICLE 11. Suffrage and Elections.

Present Constitution. Section 2. In all elections not otherwise provided for by this Constitution, every male of the United States, of the age of twenty-one years and tipward, who shall have resided in the state during the six months, and in the township sixty days, and in the ward or precinct thirty days, immediately preceding such election, and every male of foreign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this State during the six months, and in the township sixty days, and in the ward or precinct thirty days, Immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote In the township or precinct where he may reside, If he shall have been duly registered according to law.

Proposed New Constitution. Section 2. 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 upward, who shall have resided in the state during the twelve months, and in the township sixty days, and in the precinct thirty days, immediately preceding such election, shall be entitled to vote in the precinct in which he may reside if he shall have been duly registered according to law enacted by the General Assembly as in this section provided and shall have paid his poll tax due and payable the year of such election and the year previous thereto without delinquency; but all poll tax shall be payable in full at the spring payment of taxes, and may be paid separately from other taxes, at, the option of the taxpayer. It shall be the duty of the General Assembly to provide by law at Its first session after the adoption of this Constitution, for the registration of all legal voters np to, and including November 1, 1913; but thereafter, no person not theretofore registered shall be admitted to registration who can not read in English or some other known tongue any section of the Constitution of the state.

ARTICLE 11.

Present Constitution. Section 4. No person shall be deemed to have lost his residence In the state by reason of his absence, either on business of this state or of the United States.

Proposed New Constitution. Section 4. No person shall be deemed to have lost his residence in this state by reason of his absence from the state, either on business of this state or of the United States; but any person absent from the state for twelve consecutive months for other reasons shall lose his residence unless, prior to the expiration of such year, he files with the clerk of the circuit court of the county in which he resides, a declaration of his intent to hold his residence, and the exact location of the same.

ARTICLE IV. Legislative.

Present Constitution. Section 2. The Senate shall not exceed fifty nor the House of Representatives one hundred members; and they shall be chosen by the electors of the respective counties or districts into which the state may, from time to time, be divided.

Proposed New Constitution. Section 2. The Senate shall consist of fifty members, the House of Representatives shall not exceed one hundred and thirty members, the same to be apportioned among the several counties of the state as in section number 4 of this article, provided: and they shall be chosen by the electors of the respective counties and the districts into which the state may from time to time be divided.

ARTICLE IV. Legislative.

Present Constitution. Section 3. Senators shall be elected for the term of four years, and representatives for the term of two years, from the day next after the general election: Provided, however, that the senators elect at the second meeting of the General Assembly under this constitution shall be divided, by lot, into two equal .classes, as nearly as may be; and the seats of the senators of the first class shall be vacated at the expiration of two years, and of those of the second class at the the expiration of four years; so that one-half, as nearly as possible, shall be chosen biennially forever thereafter. And in case of increase in the number of senators they shall be so annexed, by lot, to one or the other of the two classes, as'to keep them as nearly equal as practicable.

Proposed New Constitution. Section 3. Senators shall be elected for the term of four years from the day next after the general election. Provided, however, that the senators holding office at the time this constitution goes into effect, shall serve until the expiration of the term for which they were elected.

ARTICLE IV. Legislative.

Present Constitution. Section 4. The General Assembly ahsß, at its second session after the adoption of this constitution, and every six years hereafter, cause an •numeration to be made of all the male inhabitants over the age of twen-ty-one? years.

Proposed New Constitution. Section 4. Each county shall have at least one Representative in the House of Representatives, who shall be elected for a term of two years from the day after their election. A representative quota shall be obtained by dividing the total population of the state at the last national census by ninety-two, and each county having population in excess of a quota shall have an additional representative for each full quota and fractional surplus of half a quota, in excess of the first quota. If any office of representative shall become vacant by death, resignation or otherwise, the Governor shall call a special election to fill the vacancy.

ARTICLE IV. Legislative.

Present Constitution. 1 Section 5. The number of senators and representatives shall at the session next following each period of making such enumeration, be fixed by law, and apportioned among the several counties, according td the number of male inhabitants above twentyone years of age In each: Provided, that the first and second elections of members of " the General Assembly, under this constitution, shall be according to the apportionment last made ey the General Assembly before the adsptien of this constitution.

Proposed New Constitution. Section 5. The number of senators shall be apportioned among the several counties according to the population as shown by the last preceding United States census, but they shall only be apportioned every ten years: Provided, That the first election of senators In the General Assembly under this constitution, shall be according to the apportionment last made by the General Assembly before the adoption of this constitution.

ARTICLE IV. Legislative.

Present Constitution. Section 9. ; The sessions of the General Assembly shall be held biennially at the capitol of the state, commencing on Thursday next after the first Monday of January, in the year one thousand eight hundred and fifty-three, and on the same day of every second year thereafter, unless a different day or place shall have been appointed by law. But if, in the opinion of the Governor, the public welfare shall require it, he may, at any time, by proclamation, call a special session.

Proposed New Constitution. Section 9. The sessions of the General Assembly shall be held biennially at the capital of the state, beginning on the first Thursday after the first Monday in January, 1913, and on the same day every second year thereafter, unless a different day or place shall have been appointed by law. The General Assembly shall remain in session for not exceeding one hundred days. If in the opinion of the Governor the public welfare shall require It, he may, at any time, by proclamation, call a special session for a specific purpose or purposes, but for a limited time, not to exceed thirty days, at which special session, only such specific purpose or purposes shall be taken up and acted upon.

ARTICLE IV. Legislative.

Present Constitution. Section 19. Every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title. But If any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.

Proposed New Constitution. Section 19. Every act shall embrace but one subject and matters porperly connected therewith; which subject shall be expressed in the title unless such act shall provide a brief and comprehensive name for itself. by which it may thereafter be known and referred to; but if any subject shall be embraced in an act which shall not be expressed in or fairly covered by the title, such an act shall be void only as to so much thereof as shall not be expressed or covered.

ARTICLE IV. Legislative.

Present Constitution. Section 22. The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: Regulating the jurisdiction and duties of justices of the peace and constables. For the punishment of crimes and misdemeanors. Regulating the practice in Courts of justice. Providing for changing the venue in civil and criminal cases. Granting divorces. Changing the names of persons. For laying out, opening, and working on highways, and for the election or appointment of supervisors. Vacating roads, towns, plats, streets, alleys, and public squares. Summoning and impaneling grand and petit juries, and providing for their compensation. Regulating county and township business. Regulating the election of county and township officers, and their compensation. For the assessment and collection of taxes for the state, county, township or road purposes. Providing for supporting common schools and for the preservation of school funds. In relation to fees or salaries; except that the laws may be so amended as to grade the compensation of officers in proportion to the population and necessary services required. In relation to Interest on money. Providing for opening and conduct" ing elections of state, county, or township officers, and designating the place of voting. Providing for the sale of real estate belonging to minors or other persons, laboring under legal disabilities, by executors, administrators, guardians, or trustees.

Proposed New Constitution. Section 22. The General Assembly shall not pass local or special laws in any of the following enumerated cases, that isto say: Regulating the jurisdiction and duties of the justices of peace and constables ; For the punishment of crimes and misdemeanors. Regulating the practice in courts of justice; Providing for changing the venue in civil and criminal cases; Granting divorces; Changing the names of persons; For laying out, opening, and working on highways, and for the election or appointment of supervisors; Vacating roads, town plats, streets, alleys and public squares; Summoning and Impaneling grand and petit juries and providing for their compensation; Regulating county and township business; Regulating the election of county and township officers, and their compensation ; For the assessment and collection of taxes for state, county, township, or road purposes; Providing for supporting common schools and for the preservation of school funds; In relation to fees or salaries except that the laws may be so made as to grade the compensation of officers in proportion to the population and the necessary services required. In relation to interest on money; Providing for opening and conducting the elections of state, county, or township officers, and designating the place of voting; Providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities, by executors, administrators, guardians or trustees; But the General Assembly may adopt special charters for the different cities of the state.

ARTICLE IV. Legislative.

Present Constitution. Section 29. The members of the General Assembly shall receive for their services a compensation to be fixed by law; but no increase of com* pensation shall take effect during the session at which such increase may be mad- No session of the General Assembly, except the first under this constitution, shall extend beyond the term of sixty-one days, nor any special session beyond the term of forty days.

Proposed New Constitution. Section 29. The members of the General Assembly shall receive for their services a compensation to be fixed by law, but no increase of compensation shall take effect during the session at which such increase shall be made.

ARTICLE V. Executive.

Present Constitution. Section 14. Every bill which shall have passed the General Assembly shall be presented to the Governor; if he approve, he shall sign it, but if not. he shall return it, with his objections, to the House in which it shall have originated, which House shall enter the objections, at large, upon its journals, and proceed to reconsider the bill. If, after such reconsideration, a majority of all the members elected to that House shall agree to pass the bill, it shall be sent, with the Governor’s objections, to the other House, by which it shall likewise be reconsidered; and if approved by a majority of all the members elected to that House, it shall be a law. If any bill shall not be returned by the Governor within three days, Sunday excepted, after it shall have been presented to him, it shall be a law without his signature, unless the general adjournment shall prevent its return, in which case it shall be a law', unless the Governor, within five days next after such adjournment, shall file such bill, with his objections thereto, in the office of secretary of state, wrho shall lay the same before the General Assembly, at its next session, in like manper as if it had been returned by the Governor. But no bill shall be presented to the Governor within two days next previous to the final adjournment of the General Assembly.

Proposed New Constitution. Section 14. Every bill which shaft have passed the General Assembly shall be presented to the Governor, if he approve w he shall sign It, but If not, he shall return it, with his objections, to the House in which it shall have originated, which House shall enter the objection, at large, upon its journal, and proceed to reconsider the bill. If, after such reconsideration, three-fifths of all the members elected to that House shall agree to pass the bill, It shall be sent, with the Governor’s objections, to the other House, by which it shall likewise be reconsidered; and, if approved 4>y three-fifths of all the members elected to that House, It shall be a law\ If any bill shall not be returned by the Governor within three days, Sundays excepted, after it shall have been presented to him, it shall be a law without his signature, unless the general adjournment shall prevent its return, in which case it shall be a law, unless the Governor, within five days next after such adjournment, shall file such bill, with his objections thereto, in the office of the secretary of state, who shall lay the same before the General Assembly, at its next session, in like manner as if it had been returned by the Governor. But no bill shall be presented to the Governor without his consent within three days next previous to the final adjournment of the General Assembly. The Governor may veto any clause or clauses, item or items, in any appropriation bill, and may approve the residue of such bill.

ARTICLE VI. Administrative.

Present Constitution. Section 1. There shall be elected, by the voters of the state, a secretary and auditor, and a treasurer of state, who shall severally hold their offices for two years. They shall perform such duties as may be enjoined by law; and no person shall be eligible to either of said offices more than four years in any period of six years.

Proposed New Constitution. Section 1. There shall be elected by the voters of the state, a secretary, an auditor, a treasurer of state, attorney-general, reporter of the supreme court, and clerk of the supreme court, said officers and all other state officers created by law and to be elected by the people, except supreme court judges, shall severally hold their office for four years. They shall perform such duties as may be enjoined by law; and no person other than judges shall be eiigibtle to any one of said offices for more than four years in any period of eight year*.

ARTICLE VI. Administrative.

Present Constitution. Section 2. There shall be elected, in each county, by the voters thereof, at the time of holding general elections, a clerk of the circuit court, auditor, recorder, treasurer, sheriff; coroner and surveyor. The clerk, auditor. and recorder shall continue in office for four years; and no person shair be eligible to the office of clerk, recorder or auditor, more than eight years in any period of twelve years. The treasurer, sheriff, coroner and surveyor shall continue In office two years: and no person shall be eligible to the office of treasurer or sheriff more than four years in any period of six years.

Proposed New Constitution. Section 2. There shall be elected in, each county by the voters thereof at the time of holding general elections, a clerk of the circuit court, auditor, recorder, treasurer, sheriff, coroner and surveyor, who shall severally hold their offices for four years; and no person shall be eligible to either of said offices for more than four year* in any period of eight years.

ARTICLE VII. Judicial.

Present Constitution. Section 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 six years, if they so long behave well.

Proposed New Constitution. Section 2. The supreme court shall consist of not less than five, nor more tiian eleven judges; a majority of whom shall form a quorum. They shall hold their office for six years, if they so long behave well.

ARTICLE VII. Judicial.

Present Constitution. Section 11. There shall be elected in each judicial circuit, by the voters thereof, a prosecuting attorney, who shall hold his office for two years.

Proposed New Constitution. Section 11. There shall be elected in each judicial circuit, by the voters thereof, a prosecuting attorney, who shall hold his office for four years, and shall not be eligible to hold said office more than four years in any period of eight years.

ARTICLE VII. Judicial.

Present Constitution. Section 20. The General Assembly at its first session after the adoption of this constitution, shall provide for the appointment of three commissioners, whose duty it shall be to revise, simplify, and abridge the rules, practice, pleadings and forms of the courts of justice. And they shall provide for abolishing the distinct forms of action at law now in use and that justice shall be administered in a uniform mode of pleading, without distinction between law and equity. And the General Assembly may. also, make it the duty of said commissioners to reduce into a systematic code the general statute law of the state; and said commissioners shall report the result of their labors to the General Assembly, with such recommendations and suggestions, as to abridgment and amendment, as to said commissioners may seem necessary or proper. Provisions shall be made, by law, for filling vacancies, regulating the tenure of office, and the compensation of said commissioners.

Proposed New Constitution. Section 20. The General Assembly shall, from time to time, take such steps as may be necessary for the codification of the laws of the state, and on petition of twenty-five per centum of the qualified electors of the state at the last general election* the General Assembly may adopt laws providing for the initiative, referendum and recall, both of state and local application. But no bill for the recall of the judiciary shall ever be passed.

ARTICLE VII. Judicial.

Present Constitution. Section 21. Every person of good moral character being a voter shall be entitled to admission to practice law in all courts of justice.

Proposed New Constitution. Section 21. The General Assembly may by law provide for the qualiflcar bions of persons admitted to the practice of the law.

ARTICLE VIII. Education.

Present Constitution. Section 8. The General Assembly shall provide for the election, by the voters of the state, of a state superintendent of public instruction, who shall hold his office for two years, and whose duties and compensation shall be prescribed by law.

Proposed New Constitution. Section 8. The General Assembly shall provide for the election, by the voters of the state, of a state superintendent of public instruction, who shall hold his office for four years, and whose duties and compensation shall be prescribed by law.

ARTICLE XV. Miscellaneous.

Present Constitution. Section 1. Ail officers whose appointment are not otherwise provided for in this constitution shall be chosen in such manner as now is. or hereafter may be, prescribed by law.

Proposed New Constitution. Section 1. All state officers whose appointments are not otherwise provided for In this constitution, shall be elected by the people or by the Governor as may be provide by law; and all municipal and local Oja fleers shall be elected or as provided by law; but no offlctS shall be elected or appointed by General Assembly except its own or fleers and United States Senators; and no elective officer shall have his salary, compensation, or emoluments increased during the period for which he was elected.

ARTICLE XVI. Amendments.

Present Constitution. Section 1. Any amendment or amendments to this Constitution 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 yeas and nays thereon, be entered, on their journals, and referred to the General Assembly to be chosen at the next general election; and if, in the General Assembly so next chosen, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each House, then it shall be the duty of the General Assembly to submit such amendment or amendments to the .electors of the state; and If a majority of said electors shall ratify the same, such amendment or amendments shall become a part of this Constitution.

Proposed l"4ew Constitution. Section 1. Any amendment or amendments to this Constitution 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 yeas and nays thereon, be entered on their journals; and it shall be the duty of the General Assembly to submit such amendment or amendments to the electors of the state at the next general election, and if a majority of said i electors voting ton such amendment or . amendments shall ratify the same, such amendment or amendments shall become a part of the Constitution; but if a majority of said electors shall - not ratify the same, such amendment lor amendments shall be defeated Any i political party may declare for or against any amendment in convention, and have such declaration made a part ■Of its ticket for submission to the electors but no" new Constitution shall be submitted to the people of this state for ratification and adoption or rejection, until by virtue of an act of the General Assembly, a majority of the legal voters of the state have declared in favor of a constitutional convention; when and whereupon such constitutional convention shall be convened In such manner as the General Assembly may provide; but any Constitution by such convention proposed shall be submitted to the voters of this state for ratification or rejection at a special election as may ba ordered by the General Assembly.

ARTICLE XVI, Amendments. -v

Section 2. If two Or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately; and while an amendment or amendments which shall hav« been agreed upon by one General Assembly .shall be awaiting the' action of a succeeding General Assembly, or of the electors, no additional amendment or amendments shall be proposed.

Section 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately; and while such amendment or amendments which shall have been agreed upon be awaiting the action of the electors, no additional amendment or amendments on the same subject shall be proposed.

SCHEDULE.

Sixth. There shall be a session of the General Assembly on the first Monday of December, In the year one thousand eight hundred and fifty-one. Eighth. The first general election under this constitution shall be held In the vear one thousand eight hundred and fifty-two. Ninth. The first election for governor, lieutenant governor, judges of the supreme court and circuit courts, clerk of the supreme court, prosecuting attorney, secretary, auditor, and treasurer of state, ana the state superintendent of public instruction, under this constitution, shall be held at the general election in the year one thousand eight hundred and fifty-two; and such of said officers as may be in office when this constitution shall go Into effect shall continue in their reseective offices until their successors Shall have boon elected and qualified.

Sixth. There shall be a session of the General Assembly, commencing on the first Thursday after the first Monday in January, in the year one thousand nine hundred and thirteen. Eighth. The first general election under this constitution shall be held in the year one thousand nine hundred and fourteen. Ninth. The first election for governor, lieutenant governor, judges of the supreme and circuit courts, under thin constitution, shall bo held at the general election in the year one thousand nine hundred and sixteen, and all other officers at the general election in the year one thousand nine hundred and fourteen; but all officers who may be in office when thia constitution shall go into effect shall hold their offices to the expiration of the term for which they shall have been elected, or until their successors shall has*