The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1880-06-23
THE AMENDMENTS
Are Not Carried. According to the Deci-
sion Of the supiems Court.
The Full Text of the Opinion Delivered Yes
day-Judges Howk, WoTden and Blddls
Concur and Judges Scott ana er
Eiblack Dissent. --i-

been IN progress I0r eeYeIdl udysi nnu uVt
until yesterday morning at IL O'Clock was
decision submitted. .'rri la tI..
THE DECISION. 1l,@ asel
s,7S7. The State ys. William p. Swift. Floyd
Following the record Of the case, the So
preme Court says:
The State presents two questions for our
consideration: l.. Was the proposed amend
-ment according 10 the facts stated in the reply
10 the special answer ratified by a majority OF
become a part OF the Constitution, and il such
proposed amendment was so ratified, was
James V. KesO legal voter of the precinct
named In theiudictnent at the time he pre-
sented his ballot 70 the appellee and offered TO
A doubt is suggested in Iimine, by the coun-
sci for appellant as 10 whether the general
question OF this ratification of the Const1tu-
the record. They IL sist that proof or admitted
facts in the Individual case as 10
the , whole 1set,o nnun6er Of votes cast cast
the number cast for and against the amend
,ments, does not present the general question,
but that our decision therefore would bind
only the parties 10 this suit. and would not be-
come matter of public law upon the ratidca-
ton OF the amendments. But we do not feel
embarrassed by this question. The Courts
take notice of the public census taken by atI-
thority OF law In the archives of the state and
OF the number OF votes cast at general State
election upon ell questions of public affairs
that affect The STATE. From those sources we
clsion Of the question whether the amsnd-
ment is constItationally ratified or not In
our opinion the questions discussed by the
~cour ssl of the respective parties ars properly
IN the record and before Us.
BY the fret section CT the act of Congress of
April ~, 1910, the Inhabitants OF the Territory
selves a Constitution and State Government,
which State, when formed, snCuld be admit
ted into the Union upon the same footing with
the original States.
The second section defines the boundaries OF
States.
vi ia q
electors, and asih orfzes them 10 choose repre-
sentatives TO form n Convention; defines the
number allowed TO each County, and fixes the
time OF holding the election on the second
Monday of May, 1915. The fourth section Is in
the following words:
sec. 4-And be it further enacted that the
members of tine Convention thus duly elected
be, and they are hereby authorized 10 meet at
the seat OF government of the said territory
on the second Monday of June next; which
Convection, when met, shall first de -ernine
by a majority of the whole number elected,
whether IL be or be not expedienL at that time
TO form a Consultation and State Government
for the peop:Swithin the raid Territory; and
II be determined to be eXped1cnt. the Con-
ventiOn shall be and hereby are authorized 10
form Constitution and state Government,
lor II il be deemed more expedient, the said
Convention shall provide By ordinance for
electing representatives to form a Constitution
or form OF government, which said represen-
tatives shall be chosen in such man ner and in
such proportion, aud shall NEST at such
time and place as shall be pre-
scribed by the said ordinances; and snail
there form for the people OF said Territory
Constitution and State Government: PROV
that the same when formed, shall be republl-
can and not repugnant to these articles OF The
ordinance of the 18th of July, one thousand
seven hundred and eighty seven, which
declared 70 l,ievoeane between tne 9ilgl
northwest of the river Ohio; excepting
much of the said articles as relates TO Oounda-
ries of the States therein TO be found" (R. :.
1913, page SSl Under this act the members of
the Convention were elected on the second
Monday OF May, 1916, met in Convention at
and proceeded at once TO form the Constitution
py the authority OF Congress, without an oIdi-
nance of the Territory. The Constitution was
comp eted on the 18th day of June, lSl6, unan-
dmously adopted by the mem 0ers of the Con .
vention and signed by all except by one
member from Clarke County, and one from
Warlick County. The Constitution went into
effect upon its adoption by the members of the
Convention when formed it, and the fl ST
session of the General Assembly held by It's
authority met aU Corydon on the first Monday
in November, 1915. rne Constitution of ISIS
remained in force without further amend.
ment until the nTst day OF November 1871.
An act was passed January Is. 1919, TO pro-
voters OF the state on the calling of Conven-
Htion to alter, amend, or revise the Constitution
OF this state" AT an election held under the
authority of this act, "a large ms shortly of all
the votes given at aid election was in favor of
holding said Convention" The Legislature
was unwilling even to call the Convention
without first obtaining the authority from a
majority OF all the voters in the State.
Onthe lSih day of January, 1850. the Legis-
lature passed ian act to provide for the call of
a OonTentIon OF the people OF the state of In
diana 10 revise, amend, or alter the Constitu-
tiUn of said state" facts 1851, % By au-
thority Of this act delegates were elected, who
assembled Convention at the Capitol, in
the city of 1ndtanaI oils, on the first Monday
forming the present Constitution on the lUth
day OF February, 1857. By the thirteenth
clause of the schedule to this Constitution ait
was provided that when il was substituted to
the electors for their approval or disapproval.
the article in relation 10 negroes and mulat-
toes should be su united as a distinct propo-
sitiOn,' and IL a majority OF the votes cast be
in favor ofsaid article then the same shall
form a part OF this Constitution; otherwise ii
shall be void aud form no part thereof.
on the l4th day of February. SS5l, an act was
passed amending the act of January, lSS, pro-
viding that vote of the people should be taken
on the frst Monday IN August thereafter on
the ado ption or rtjection OF the Constitution,
and said seperate article, the fourth section of
which amend story act provides that: "If 1t
should appear that a majority OF all the votes
pole at such election were given in favor of
the adoption of said Constitution, IL shall then
become the Constitution of the State of Indi-
ana from the first day OF November, 1851 but
If ii shall appear that a majority of all the
votes polIed for or a gainst the adoption of said
Constitution and said seperate article were
given against the adoption of said Constitu-
Ifon, then the same shall be and remain mop
-erative and void. (Acis lS5l-3)
Section l. article 10 of the Constitution, by
the authority OF which the amendment In
bly, for ratification by the electors of the
State, is In the following words: "Any amend
may be proposed in either branch OF the Gen.
eral Assembly, and II the same shall be agreed
to BIZ Insjofity OF the members elected TO
3 each of the two Houses, such pro-
posed amendments amendments shall, with
The yeas and nays thereon, be entered on their
Journals, and referred to the General Assem-
bly, 70 be chosen at the next general election
and IL, in the General Assembly so next chosen,
such amendment or amendments snail De
agreed to by majority of all the members
elected to each House. then it shall be the duty
- of tue General Assembly to. submit such
amendment or amendments to the electors Of
- the State; ana IL majority of said electors
shall ratify the same such amendment OF
amendments shall become part OF this Con
e The first amendment proposed and ratified
s under this article of the Constitution was sec
ton of article 10, in reference 10 the Wabash
and Erie canal. BY the act of the Genera
Assembly Of January rs, 1873 lact 1873, y. o3)
z the Governor and secretary OF state were re
- quirsd 90 examine the election returns and de
clare the result of the e.ection; -and IL it sbal
anpear from said examination that a majority
Of all the votes cslst at said election were II
favor of the adoption of said proposed amend
ment. then and thereupon the said amend
ment shall be and become part and parcel o
Che Conefffuffon n the State OF Indiana. ant