The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-10-17
OF GREAT IMPORTANCE
TWO CONSTITUTIONAL AMENDMENTS
TO BE VOTED FOR THIS YEAR.
They Relate to Enlargement of SUI
preme Court and Qualifca-
tfons of Lawyers.

Two constitutional amendments of great
Importance are to be voted upon by the
people of Indiana at the coming election,
TO be held on the 9Th of November. By
their franchises, the voters will not merely
decide which party shall have control OF
county, state and national government, but
they will also settle the important nom
partisan issue whether the Constitution Of
Indiana shall be amended in the manner
suggested and strongly recommended by
the Legislatures of 1897 and 1898.
The State Bar Association is so inter-
ested in the adoption of these amendments
that at its last session it appointed a COM
mittee-wholly nonpartisan in character
TO take steps to further the adoption and
incorporation of these amendments into the
Constitution. Senator r. .. awkins a
of this committee. was asked last
night to furnish the Journal with an ex-
PLANTATION of the objects and purposes of
these amendments Both amendments are
in the form of joint resolutions. adopted
by the Senate and House of the indians
Legislature. The first is entitled "A joint
resolution to amend section two Of article
seven of the Constitution of the State of
liQidud, dppIOtCu Q, 4ovt ohA SoAS
as follows:
Section 1. Be it resolved by the General
Assembly of the State of Indiana that the
following proposed amendment to the Con-
stitution of said State, be and the same
is now agreed to, and referred to the Gen
eral Assembly of said State, TO be chosen
at the nex general election:
"Amend section two of article seven OF
said Constitution to read as follows:
Section 2. The Supreme Court shall con-
.,-t . 80 less thon Ave n tina
eleven judges, a majority OF whom
shall form a quorum, n they shall hold
their offices for six years If they so long
behave well; ANY vacancy caused py death
ernor, as now provided by the Constttu-
ton, but any increase in the number OF
judges shal not be filled by appointment,
but by election at the next general cleo
ton, after any increase is ordered"
AN EXPLANATION.
Concerning the foregoing proposed
amendment, Senator Hawkins said:
1.-The number of members of the Supreme
Court is now the same as it was at the
time of the adoption of the Constitution in
1852, and, while the State has very largely
increased in population and wealth, and
litigation and questions coming before the
Supreme Court have increased many fold,
there has been no corresponding increase
In the number of judges. The result has
been that business in that court has ac-
AL " oo1A Oil CAtOli NHaL ~ -
impossible for the entire volume to be
transacted by five judges-as the court is
at present constituted. Therefore, 1t would
seem that there could be no possible OPP
position to a constitutional amendment
that would authorize the Legislature to in
crease the number of judges. AS the State
increases In population, its business inter-
ests increase, and the Importance of the
questions that come before its court OF last
resort are more grave and complicated and
are of the very greatest Importance to the
people, not only in a political way, but in
the manner in which they affect the BUSH
ness interests of the State and OF its citi-
zens as well. The necessity for some sort
of relief for the Supreme Court has been
apparent for many years. AT one time the
Legislature provided for a commission
which was known as the Supreme Court
Commission, which acted as a kind of auxil-
larry to the court. This was not found to
be advantageous. and at a later date the
present Appellate Cour was created to
act as relief for the supreme tribunal. but
the Appellate Court has not proven salts
factory to the people or to the court or to
the bar of the State. / think II will be adj
mitted by all that IL will be very much
better TO have a larger number of members
of the Supreme Court and thus be pro-
vided with a single court of last resort.
than to have 1t divided into two courts with
divided jurisdiction. Divided jurisdiction
means necessarily at times conflicting jur-
isdiction."
The other amendment is also of prime
Importance and relates to qualifications OF
applicants for admission to practice law
in Indiana. Its wording Is as follows:
twenty-one OF article seven of the Consti-
tuition Of the State of Indiana, approved
March 8. 1881.
Section 1. BE 1t resolved by the General
Assembly of the State of Indiana, that the
following proposed amendment to the Con-
stitution of said State be and the same is
referred to the General Assembly of saif
state TO be chosen at the next general
election:
Sec. q. The General Assembly shall by
law prescribe what qualifications shall be
necessary for admission TO practice law
I'm all courts of Justice"
SHOULD BE ADOPTED.
'This amendment. providing that the
Legislature may prescribe what qualifica-
tons shall be necessary for admission to
practice law I'm the courts of Indiana" said
Senator Hawkins. lis one that should by
all means be adopted. Our Constitution in
1852 provided that any person of good moral
character should be permitted to practice
Law In this State. ! think that Indiana v