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or who shall knowingly carry to another person such challenge, or who shall agree to go out of the State to fight a duel, shall be ineligible to any office of trust or profit.
8. The General Assembly shall have power to deprive of the right of suffrage, and to render ineligible, any person convicted of an infamous crime.
9. No person holding a lucrative office or appointment under the United States, or under this State, shall be eligible to a seat in the General Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this constitution expressly permitted : Provided, that offices in the militia, to which there is attached no annual salary, and the office of deputy postmaster, where the compensation does not exceed ninety dollars per annum, shall not be deemed lucrative: And provided, also, that counties containing less than one thousand polls, may confer the office of clerk, recorder and auditor, or any two of said offices, upon the same person.
10. No person who may hereafter be a collector or holder of public moneys, shall be eligible to any office of trust or profit until he shall have accounted for, and paid over according to law, all sums for which he may be liable.
11. In all cases in which it is provided that an office shall not be filled by the same person more than a certain number of years continuously, an appointment pro tempore shall not be reckoned a part of that term.
12. In all cases, except treason, felony, and breach of the peace, electors shall be free from arrest in going to elections, during their attendance there, and in returing from the same.
13. All elections by the people shall be by ballot; and all elections by the General Assembly, or by either branch thereof, shall be viva voce.
14. All general elections shall be held on the second Tuesday in October.
ARTICLE III.-Distribution of Powers. Sec. 1. The powers of the government are divided into three separate departments, the legislative, the executive, including the administrative and the judicial; and no person charged with official duties under one of these departments shall exercise any of the functions of another, except as in this constitution expressly provided.
ARTICLE IV.—Legislative. Sec. 1. The legislative authority of the State shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives. The style of every law shall be : “ Be it enacted by the General Assembly of the State of Indiana ;” and no law shall be enacted except by bill.
2. The Senate shall not exceed fifty, nor the House of Represent
atives 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. 3. Senators shall be elected for the term of four years, and
representatives for the term of two years, from the day next after their 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 senators of the first class shall be vacated at the expiration of two years, and of those of the second class at 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.
4. The General Assembly shall, at its second session after the adoption of this constitution, and every sixth year thereafter, cause an enumeration to be made of all the white male inhabitants over the age of twenty-one years.
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 to the number of white male inhabitants above twenty-one years of
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 by the General Assembly, before the adoption of this constitution.
6. A senatorial or representative district, where more than one county shall constitute a district, shall be composed of contiguous counties; and no county for senatorial apportionment shall ever be divided.
7. No person shall be a senator or a representative who at the time of his election is not a citizen of the United States; nor any one who has not been for two years next preceding his election an inhabitant of this state, and for one year next preceding his election an inhabitant of the county or district whence he may be chosen. Senators shall be at least twenty-five, and representatives at least twentyone years of
age. 8. Senators and representatives, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and shall not be subject to any
civil process during the session of the General Assembly, nor during the fifteen days next before the commencement thereof. For any speech or debate in either house a member shall not be questioned in any
9. The sessions of the General Assembly shall be held biennially at the capital of the State, commencing on the 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,
10. Each house when assembled shall choose its own officers (the president of the Senate excepted), judge the elections, qualifications, and returns of its own members, determine its rules of proceeding, and sit upon its own adjournment. But neither house shall, without the consent of the other, adjourn for more than three days, nor to any place other than that in which it may be sitting.
11. Two-thirds of each house shall constitute a quorum to do business; but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. A quorum being in attendance, if either house fail to effect an organization within the first five days thereafter, the members of the house so failing shall be entitled to no compensation from the end of the said five days until an organization shall have been effected.
12. Each house shall keep a journal of its proceedings, and publish the same. The yeas and nays on any question shall, at the request of any two members, be entered, together with the names of the members demanding the same, on the juurnal: Provided, that on a motion to adjourn, it shall require one-tenth of the members present to order the yeas and nays.
13. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as in the opinion of either house may require secrecy.
14. Either house may punish its members for disorderly behavior, and may, with the concurrence of two-thirds, expel a member; but not a second time for the same cause.
15. Either house, during its session, may punish by imprisonment any person not a member who shall have been guilty of disrespect to the house, by disorderly or contemptuous behavior in its presence; but such imprisonment shall not at any time exceed twentyfour hours.
16. Each house shall have all powers necessary for a branch of the legislative department of a free and independent State.
11. Bills may originate in either house, but may be amended or rejected in the other, except that bills for raising revenue shall originate in the House of Representatives.
18. Every bill shall be read by sections on three several days in each house, unless, in case of emergency, two-thirds of the house where such bill may be depending shall, by a vote of yeas and nays, deem it expedient to dispense with this rule; but the reading of a bill by sections, on its final passage, shall in no case be dispensed with; and the vote on the passage of every bill or joint resolution shall be taken by yeas and nays.
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.
20. Every act and joint resolution shall be plainly worded, avoiding as far as practicable the use of technical terms.
21. No act shall ever be revised or amended by mere reference to its title; but the act revised, or section amended, shall be set forth and published at full length.
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 of constables ;
For the punishment of crimes and misdemeanors;
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 empanelling 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;
Providing for opening and conducting elections of State, county, or township officers, and designating the places 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.
23. In all the eases enumerated in the preceding sections, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the State.
24. Provision may be made by general law. for bringing suit against the State as to all liabilities originating after the adoption of this constitution; but no special act authorizing such suit to be brought, or making compensation to any person claiming damages against the State, shall ever be passed.
25. A majority of all the members elected to each house shall be necessary to pass every bill or joint resolution; and all bills and
joint resolutions so passed shall be signed by the presiding officers of the respective houses.
26. Any member of either house shall have the right to protest, and to have his protest, with his reasons for dissent, entered on the journal.
27. Every statute shall be a public law unless otherwise declared in the statute itself.
28. No act shall take effect until the same shall have been put lished and circulated in the several counties of the State by authority except in case of emergency; which emergency shall be declared in the preamble, or in the body of the law.
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 may be made. 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.
30. No senator or representative shall, during the term for which he may have been elected, be eligible to any office, the election to which is vested in the General Assembly; nor shall he be appointed to any civil office of profit which shall have been created, or the emoluments of which shall have been increased, during such term; but this latter provision shall not be construed to apply to any office elective by the people.
Sec. 1. The executive power of the State shall be vested in a governor. He shall hold his office during four years, and shall not be eligible more than four years in any period of eight years,
2. There shall be a lieutenant governor, who shall hold his office during four years.
3. The governor and lieutenant governor shall be elected at the times and places of choosing members of the General Assembly.
4. In voting for governor and lieutenant governor, the electors shall designate for whom they vote as governor, and for whom as lieutenant governor. The returns of every election for governor and lieutenant governor shall be sealed up and transmitted to the seat of government, directed to the speaker of the House of Representatives, who shall open and publish them in the presence of both houses of the General Assembly.
5. The person respectively having the highest number of votes for governor and lieutenant governor, shall be elected; but in case two or more persons shall have an equal and the highest number of votes for either office, the General Assembly shall by joint vote forthwith proceed to elect one of the said persons governor or lieutenant gov. ernor, as the case may be.