xt7b2r3nzp1f https://exploreuk.uky.edu/dips/xt7b2r3nzp1f/data/mets.xml Indiana United States Works Progress Administration 1937 Other contributors include: Robert C. Lowe (Robert Chapin) and David S. Lander under the supervision of A. Ross Eckler; 11 pages, 27 cm; This bulletin is one of a series presenting state constitutional provisions affecting public welfare; Includes bibliographical references; UK holds archival copy for ASERL Collaborative Federal Depository Program libraries; Y 3.W 89/2:36/In 2 books English Washington D.C.: Works Progress Administration Contact the Special Collections Research Center for information regarding rights and use of this collection. Analysis of Constitutional Provisions Affecting Public Welfare in the State of Indiana text Analysis of Constitutional Provisions Affecting Public Welfare in the State of Indiana 1937 2015 true xt7b2r3nzp1f section xt7b2r3nzp1f 1*  
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WORKS PROGRESS ADMINISTRATION
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HARRY L. HOPKINS, ADMINISTRATOR
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CORRINGTON GILI. I-I0wARI> B. MYERS, DIRECTOR
ASSISTANT ADMINISTRATOR DIVISION OF S0cIAI. RESEARCH
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° ANALYSIS OF CONSTITUTIONAL PROVISIONS
» AFFECTING PUBLIC WELFARE IN THE STATE OF  
INDIANA I
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PREPARED av
Rosen C. Lowa mo Dnvno S. LANDER
LEGAL RESEARCH SECTION
UNDER THE SUPERVISION OF
A. Ross ECKLER, COORDINATOR OF SPECIAL INQUIRIES ·
Duvnsoou or Soon; Resemcu
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Preface
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. This bulletin is one of a series presenting
c State constitutional provisions affecting public wel-
fare, prepared to supplement the State by State di-
gests of public welfare laws so as to provide in ab-
stract form the basis for the public welfare services
T • of the several States.
Q l The provisions quoted are those concerned
T directly with public welfare administration and such
others as may substantially affect a public welfare
program, even though only indirectly related. It
° would be impossible to consider within the limits of
this study every remotely connected constitutional
· provision. The indirectly related provisions in-
cluded, therefore, have been restricted to those con-
cerning finance, legislation, and the methods of con-
• stitutional amendment.
— An attempt has been made, by a careful se-
lection of the most recent cases decided by the high-
est courts of the States, to indicate wherever possi-
ble how these provisions have been construed. These
• cases are included in footnotes appended to the con-
stitutional provisions shown.
It is hoped that these abstracts will be
A useful to those interested in public welfare ques-
~ tions in indicating how State and local public wel-
° fare administration may be affected by constitutional
powers and limitations.
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V Indiana
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TABLE OF CQQIENTS
Page
l Incidence of Responsibility for Welfare Program 1
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Financial Powers and Limitations
I · Taxation and Assessments 2
A Exemptions 4
p Borrowing and Use of Credit 4
  • Other Income 6
, Appropriations and Expenditures 7
» Provisions Affecting Legislation 7 ·
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Constitutional Amendment or Revision 10
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 . Indiana 1,
· LALLYSIS OF CONSTITUTIONAI. PROVISIONS AFFECTING
· PUBLIC WELFARE IN INDIANA 1/
I. Incidence of Responsibility for Welfare Program
A. It shall be the duty of the General Assembly to provide,
• by law, for the support of Institutions for the education of the Deaf
and Dumb, and of the Blind; and also, for the treatment of the In-
sane. 2/
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B. The General Assembly shall provide Houses of Refuge, for
the correction and reformation of juvenile offenders. 3/
C. The county boards shall have power to provide farms, as an
asylum for those persons, who, by reason of age, infirmity, or other
, misfortune, have claims upon the sympathies and aid of society. 4/
1. Constitution (1851), with all amendments to December 15, 1936.
J All citations are to Burns' Indiana Statutes Annotated (1933).
2. Constitution, Art. IX, Sec. 1.
A statute, providing that where parents are financially able,
I • they may be compelled to contribute a fixed amount toward the
support of their child confined in a State institution for the
feeble-minded, does not violate this section. State vs. Troxler,
· 202 Ind. 268, 173 N. E. 321 (1930).
r 3. Constitution, Art. IX, Sec. 2.
I 4. Constitution, Art. IX, Sec. 3.
( • Poor relief, other than institutional support, is township
business. Meara vs. Brindley, 207 Ind. 657, 194 N. E. 351 (1935).
) Under this section, and the statutes, poor relief rests partly
on the county and partly on the township. It is the duty of the
· county to take care of the poor in the county asylum and other
charitable institutions in which the poor and indigent are placed,
• and the duty of the township to care for its poor, who are not in
the county asylum. Wayne Township vs. Brown, 205 Ind. 437, 186
N. E. e4i (1933).
Under the system of poor relief as prescribed by statute, it
is the duty of the county to loan money to the township for poor
relief, and the township must reimburse the county for all loans
, made. If there is not sufficient money in the general fund of the
county for this purpose, then the board of co missioners may borrow
money to advance to the townships. Ibid. See page 5, footnote 12.
By the tax laws of 1932 and 1933, the limits of property tax-
ation are established. However, these limits may be exceeded in
case of an emergency, and the relief of the poor may be such an
• emergency. Ibid. See page 3, footnote 7.
(Footnote forwarded)
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2. Indiana
II. Financial Powers and Limitations ·
A. Taxation and Assessments •
(1) stats
(a) The General Assembly shall provide, by law, for
a uniform and equal rate of assessment and taxation; and shall pre-
scribe such regulations as shall secure a just valuation for taxation • _
of all property, both real and personal, excepting such only for
municipal, educational, literary, scientific, religious, or charitable
purposes, as may specially be exempted by law. 5/ •
(Footnote #4 - Continued)
A county board is competent to accept a devise made to a county (
for the purpose of establishing a home for designated indigent per-
sons, and to act as trustees in executing and carrying out the trust °
and designs of the testator as indicated and directed by his will.
Board of Com issioners of Rush County vs. Dinwiddie, 159 Ind. 128, ‘
57 N. E. 795 (1894).
5. Constitution, Art. X, Sec. l.
The power of taxation is a sovereign power of the Legislature
and is subject only to the limitations specifically imposed by the °
Constitution. Lutz vs. Arnold, 195 N. E. 840 (1955). y
The State may exercise the power of taxation subject only to ·
the limit of the State and Federal Constitutions. Miles vs.
Department of Treasury, 199 N. E. 572 (1955).
This section relates to property taxes, and not to excise taxes,
and a statute providing for the taxation of "intangibles" including °
the income from ”intangibles”,was held an excise and not a property
tax. Lutz vs. Arnold, 195 N. E. 840 (1955).
This section applies only to property taxes under a general .
levy and has no relation to excise taxes. A tax on gross incomes
is an excise tax, not a property tax, and is valid under this section
although assessing different rates on different persons according to °
the source of their income. This tax is a tax levied on an individual
because of his enjoyment of the privilege of domicile within the State,
and the amount of his contribution for this privilege may properly be
measured by the extent of his income. Miles vs. Department of
Treasury, 199 N. E. 572 (1955). •
An inheritance tax law, providing for an increased rate of taxa-
tion upon inheritances as the amount of the inheritances increases,
does not violate this section, because an inheritance tax is not a tax
on property but upon the right to take the property by descent or
devise, which is a right owing its existence to the authority of a
legislative enactment and so is subject to legislative abrogation or .
regulation. Crittenberger vs. State Savings and Trust Company,
189 Ind. 411, 127 N. E. 552 (1920).
(Footnote forwarded)
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Indiana 3,
· II. Financial Powers and Limitations (Cont'd)
, A. Taxation and Assessments (Cont'd)
(1) stats (Cont'd)
(b) The general assembly may levy and collect a tax
upon income, from whatever source derived, at such rates, in such
• manner, and with such exemptions as may be prescribed by law. 6/
(2) Counties and Other Local Units
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No provision. 7/
 
(Footnote #5 - Continued)
A sales tax on gasoline is not a property tax. Gafill vs.
Bracken, 195 Ind. 551, 145 N. E. 512 (1924). Nor is a license tax
· on vehicles a property tax. Terre Haute vs. Kersey, 159 Ind. 500,
64 N. E. 469 (1902).
A statute, imposing a tax on motor carriers, was held valid
under this section, since it was a license tax and this section
refers only to a property tax. Kelly vs. Finney, 207 Ind. 557, “
194 N. E. 157 (1955). See same case, page 8, footnote 19.
. The rule of equality as to excise taxes under this section and
the Federal Constitution means only that persons in like circum-
- stances shall be treated alike. The Legislature has full power to
· tax different classes at different rates. The Constitution of
Indiana permits classification for taxation and sets up the same
standards for such classification as the Fourteenth Amendment to
· the Federal Constitution. Excise taxes include all taxes other than
property taxes. Miles vs. Department of Treasury, 199 N. E. 572 (1955).
A statute providing for an exemption of $100 in the sale of
goods for delinquent taxes, does not violate this section as it in
no way changes the basis of assessment fixed for taxation purposes.
Kramer vs. Beebe, 186 Ind. 549, 115 N. E. 85 (1917).
• 6. Constitution, Art. X, Sec. 8.
This amendment was submitted twice to a vote of the people in
i 1926 and 1952 and both times was approved by a majority of those
“ voting upon the amendment, but not by a majority of those voting
at the election. Whether or not this amendment is now a part of
the Constitution is an open question. See page 10, footnote 24.
• Since the court has held that a gross income tax law is valid,
even assuming that this amendment is not a part of the Constitution,
the question seems academic. Miles vs. Department of Treasury,
199 N. E. 572 (1955), see same case, page 2, footnote 5.
7. The power of taxation rests with the State. Cities get their au-
( thority to levy taxes from a grant thereof by the State Legislature.
• Zoercher vs. Ogler, 202 Ind. 214, 172 N. E. 186 (1950).
The limitations of taxation of cities and counties are pre-
scribed by statute.. Wayne Township vs. Brown, 205 Ind. 457, 186
1 N. E. 841, 846 (1955), see page 1, footnote 4.
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4. Indiana
II. Financial Powers and Limitations (Cont'd) ·
B. Exemptions ,
The General Assembly shall provide, by law, for a uniform
and equal rate of assessment and taxation; and shall prescribe such reg-
ulations as shall secure a just valuation for taxation of all property,
both real and personal, excepting such only for municipal, educational,
literary, scientific, religious, or charitable purposes, as may ,
specially be exempted by law. 8/
C. Borrowing and Use of Credit •
(1) State
(a) No law shall authorize any debt to be contracted,
on behalf of the State, except in the following cases: To meet casual
deficits in the revenue; to pay the interest on the State Debt; to repel •
invasion, suppress insurrection, or, if hostilities be threatened, pro-
vide for the public defense. 9/
8. Constitution, Art. X, Sec. 1.
The Legislature is without power to exempt from taxation prop-
` erty not included in the excepted classes in this section. Oak Hill
Cemetery Company vs. Wells, 58 Ind. App. 479, 78 N. E. 550 (1906); ,
State ex rel. Tieman vs. The City of Indianapolis, 69 Ind. 575 (1879)
A statute exempting property used for cemeteries from taxation
was held valid as being property used for a ”charitab1e purpose" ·
under this section. Greenbush Cemetery Association vs. Van Natta,
49 Ind. App. 192, 94 N. E. 899 (1911).
A statute exempting property of fraternities connected with ,
educational institutions does not contravene this section. State ex
rel. Daggy vs. Allen, 189 Ind. 569, 127 N. E. 145 (1920). `
Lands of a private owner leased and occupied for school pur-
poses are not exempt from taxation, because under this section and
the statute exempting property ”set apart" for educational purposes,
only that property the income of which is used for educational pur- ,
poses and not property where the income goes to a private owner, is
"set apart" for educational purposes. Magel vs. Milligan, 150 Ind. i
sez, so N. E. 564 (1898). (
Similarly property leased by a private owner to the Indiana 3
National Guard is not exempt from taxation. Spohn vs. Stark, 1
197 Lnd. 299, 150 N. E. 787 (1926). • I
9. Constitution, Art. X, Sec. 5. 1
This section applies only to future debts and a statute au- Q
thorizing a bond issue to liquidate a debt existing at the time the ;
Constitution was adopted, is valid. Hanley vs. Sims, 175 Ind. 545, ,
94 N. E. 401 (1911).
A statute authorizing the State to create a debt for the pur- • ·
pose of taking over a fair grounds from the Indiana Board of Agri- “
culture is invalid under this section because such a debt does not }
come within any of the exceptions of this section. Scott vs. 1
Indiana Board of Agriculture, 192 Ind. 511, 136 N. E. 129 (1922). · f
(Footnote forwarded) ‘
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Indiana 5.
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3 · II. Financial Powers and Limitations (Cont'd)
· C. Borrowing and Use of Credit (Cont'd)
(l) State (Cont'd)
(b) . . . nor shall the General Assembly ever, on
' behalf of the State, assume the debts of any county, city, or town,
· or township; nor of any corporation whatever. lgf
(c) The State shall not be a stockholder in any
• bank, after the expiration of the present bank charter; nor shall the
credit of the State ever be given, or loaned, in aid of any person,
° association or corporation; nor shall the State hereafter become a
stockholder in any corporation or association. ll]
(2) Counties and Other Local Units
• No political or municipal corporation in this State
` shall ever become indebted in any manner or for any purpose to an
amount in the aggregate exceeding two per centum on the value of the
taxable property within such corporation, to be ascertained by the
last assessment for State and-county taxes, previous to the incurring
• of such indebtedness; and all bonds or obligations, in excess of such
» amount, given by such corporations, shall be void: Provided, That in
thne of war, foreign invasion, or other great public calamity, on a
' · petition of the majority of the property owners, in number and value,
within the limits of such corporation, the public authorities, in their
discretion, may incur obligations necessary for the public protection and
, defense, to such an amount as may be requested in such petition. lgf
(Footnote #9 - Continued)
, A ”casual deficit" means a deficit not incurred intentional y
f in order to authorize the creation of a debt, but a deficit in-
) curred unintentionally due to the failure of revenue to cover reg-
( ular appropriations. The Legislature may anticipate such a deficit
’ and authorize a loan to cover it in case it should arise before the
next meeting of the Legislature. Hovey vs. Foster, ll8 Ind. 502,
( 2l N. E. 59 (1889).
lO. Constitution, Art. X, Sec. 6.
In view of this section, the business and financial affairs of
political and municipal corporations, insofar as they relate to in-
° debtedness, must be kept independent of the State, and no indebted-
ness contracted by such corporations can become an obligation of the
State. Bolivar Township Board of Finance vs. Hawkins, l9l N. E.
isa, 172 (1934).
ll. Constitution, Art. XI, Sec. l2.
l2. Constitution, Art. XIII, Sec. l, as amended l88l.
° A school township and a civil township, although they may be
coextensive as to territory, are separate municipal corporations,
(Footnote forwarded)
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 6. Indiana ° j
II. Financial Powers and Limitations (Cont'd) · €
D. Other Income •
All the revenues derived from the sale of any of the public ·
works belonging to the State, and from the net annual income thereof,
and any surplus that may, at any time, remain in the Treasury, derived
from taxation for general State purposes, after the payment of the `
ordinary expenses of the government, and of the interest on bonds of the
State, other than Bank bonds, shall be annually applied, under the °
direction of the General Assembly, to the payment of the principal of
the Public Debt. 15/ •
(Footnote #12 - Continued)
and so each of them may become indebted up to two per cent of the
taxable value of the property therein. Follett vs. Sheldon, 195 •
ind. 510, 144 N. E. sev (1924).
A statute authorizing municipalities, under certain conditions, '
to acquire water-works plants, to be paid for by bonds payable
solely from the income and revenue of the plant, does not violate
this section, because such bonds do not create a ”debt" within the
meaning of this section. Fox vs. Bicknell, 195 Ind. 557, 141 •
N. E. 222 (1925). ,
Also a contract by a town to purchase engines, pumps, etc.,
for its light and water plant and to pledge the net revenues of the · { 
whole plant for payment, did not create an ”indebtedness" within
the meaning of this section, because the general credit of the town
was not pledged but only the revenues from the light and water plant. ,
Underwood vs. Fairbanks Morse and Company, 205 Ind. 516, 185 N. E.
iis (ieee).
Bonds, the proceeds of which were used to construct gravel E A
roads, and which were payable out of a special fund raised by special M
assessments on the property benefited, and which were not a general {
obligation of the county, (did) not constitute a ”debt" within the ,
meaning of this section. Board of Commissioners of Monroe County
vs. Harrell, 147 Ind. 500, 46 N. E. 124 (1897).
Bonds, the proceeds of which were used to construct city
streets, and which were payable out of a special fund raised by
special assessments on the abutting property, and which were not a
general obligation of the city, (did) not constitute a ”debt" within •
the meaning of this section. Quill vs. City of Indianapolis, 124
Ind. 292, 25 N. E. 788 (1890).
15. Constitution, Art. X, Sec. 2.
Other sections of the Constitution provide for a Com on School
Fund. Certain funds are to be applied to it such as escheats to the
State, fines, and proceeds of the sale of public lands. The fund is •
to be kept as a trust and the income is to be appropriated to the
support of the common schools. Constitution, Art. VIII, Sec. 2, 5,
4, 5 and o. See page 1, footnote 4.
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• Indiana 7, i
· II. Financial Powers and Limitations (Cont'd)
• E. Appropriations and Expenditures
(1) state
No money shall be drawn from the Treasury, but in
pursuance of appropriations made by law. léf
• (2) Counties and Other Local Units
• No provision.
III. Provisions Affecting Legislation
» A. Regular Sessions of Legislature
, The sessions of the General Assembly shall be held bi-
ennially 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. . . 15/
, B. Special Sessions of Legislature
` . . . 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. léf
, C. Powers of Initiative and Referendum
No provision.
D. Legislative Enactment
, (l) 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 (pending), shall, by a vote of yeas and
nays, deem it expedient to dispense with this rule; but the reading of a
1 bill, by sections, on its final passage, shall, in no case, be dispensed
14. Constitution, Art. X, Sec. 3.
( ° 15. Constitution, Art. IV, Sec. 9.
( 16. Constitution, Art. IV, Sec. 9.
? ”The power of the General Assembly to legislate on any subject
{ when convened in special session is not limited by the Constitution.”
( Woessner vs. Bullock, 176 Ind. 166, 93 N. E. 1057 (1911).
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 8. Indiana •
III. Provisions Affecting Legislation (Cont'd) ·
D. Legislative Enactment (Cont'd) •
with; and the vote on the passage of every bill or joint resolution
shall be taken oy yeas and nays. ljf
(2) 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. 18/ •
(3) The General Assembly shall not pass local or special
laws, in any of the following enumerated cases, that is to say: . . .
(12). For the assessment and collection of taxes for State, county,
township, or road purposes; . . . 19/
l7. Constitution, Art. IV, Sec. 18. •
18. Constitution, Art. IV, Sec. 19.
If the title of an act covers a general subject, germane
matters may be included in the act, although not specifically
mentioned in the title. Wayne Township vs. Brown, 205 Ind. 457,
186 N. E. 841 (1933).
This section was adopted for the purpose of preventing fraud •
by the inclusion of provisions in bills of which the title gave no
intimation. It should be given a liberal construction and not one
which would embarrass legislation by a strictness unnecessary to ·
the accomplishment of this beneficial purpose. Ule vs. State,
208 Ind. 255, 194 N. E. 140 (1935).
19. Constitution, Art. IV, Sec. 22. •
A general law on subjects specified in this section may be
based on classification according to population without thereby
becoming a ”local" or "special" law. Wayne Township vs. Brown,
205 Ind. 437, 186 N. E. 841 (1933).
A revenue statute, which applied a tax to motor carriers
used to transport goods for hire, and not to other motor vehicles, '
was held not to be a local or special law, because it operated
uniformly upon all persons throughout the State who fell within
this classification. Kelly vs. Finney, 207 Ind. 557, 194 N. E.
157 (1935). See same case, page 2, footnote 5.
The fact that, at the time of the enactment of a statute (
applicable only to counties having a population between 250,000 ° ;
and 400,000 and having three or more cities each with a popu- E
lation of 50,000 or more, there was only one such county, does ,
not render the statute unconstitutional as a local or special (
law. Groves vs. Board of Commissioners of Lake County, 199 N. E. g
iav (1936). _ (
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 ° Indiana 9.
· III. Provisions Affecting Legislation (Cont'd)
• D. Legislative Enactment (Cont'd)
(4) In all the cases enumerated in the preceding Section,
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. 29/
(5) No act shall take effect, until the same shall have
° been published and circulated in the several counties of this State,
by authority, except in case of emergency; which emergency shall be
• declared in the preamble, or in the body, of the law. 21/
(6) . . . 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. 22/
• (7) Every bill which shall have passed the General Assem-
bly, 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 . . . 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 reconsideredgand, 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, SUIIGBYS 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, within two days next previous to the final
, adjournment of the General Assembly. 2Q/
20. Constitution, Art. IV, Sec. 23. .
See page 8, footnote 19.
21. Constitution, Art. IV, Sec. 28.
Under this section the Legislature has power to fix the time
when an act shall take effect. State ex rel. Driebelbliss vs.
• Berghoff, 158 Ind. 549, 63 N. E. 717 (1902).
22. Constitution, Art. IV, Sec. 29.
23. Constitution, Art. V, Sec. 14.
A statute duly_authenticated by the signatures of the presiding
officers of the two houses of the Legislature, will be presumed to
have been duly passed, even though the Journal shows that it was
• passed and sent to the Governor within two days of the adjournment
of the session. Western Union Telegraph Company vs. Taggart,
141 Ind. 281, 40 N. E. 1051 (ieee).
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10. Indiana
IV. Constitutional Amendment or Revision ·
A. By Proposal of Legislature or People •
(l) 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 amend-
ments 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 sub-
mit 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. 2é/
(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 have been agreed upon by
24. Constitution, Art. XVI, Sec. 1. •
The first case construing the phrase ”majority of said
electors" held that it meant a majority of all the qualified
voters. State vs. Swift, 69 Ind. 505 (1880). ·
Two later cases held that the phrase ”majority of said
electors” meant a majority of all the votes cast at the election.
In re Denny, l56 Ind. 104, 59 N. E. 559 (1901); in re Boswell, •
179 Ind. 292, lO0 N. E. 855 (19l5).
In l955 the court once more considered the meaning of the
phrase ”majority of said electors” and expressly overruled these
earlier cases and held that it meant a majority of those voting
upon the amendment. The court criticized the former decisions
principally upon the ground that their effect was to have one ,
rule if the amendment were submitted at a special election, and
another rule if it were submitted at a general election. In re
Todd, l95 N. E. 865 (l955).
This case makes no mention of what effect the decision will
have on amendments other than the one directly involved. There
have been four proposed amendments which were submitted at gen- ,
eral elections and approved by a majority of those voting upon
the amendment, but not by a majority of the people voting at the
election. Whether or not these four amendments are now a part
of the Indiana Constitution is an open question. For a dis-
cussion of this question, see l0 Indiana Law Journal 510.
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 ° Indiana ]_]_,
· IV. Constitutional Amendment or Revision (Cont'd)
~ • A. By Proposal of Legislature or People (Cont'd)
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. §/
, B. By Constitutional Convention
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No provision. 2é/
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I 25. Constitution, Art. XVI, Sec. 2.
  26. In the absence of a specific constitutional provision, the Legis-
7 • lature cannot call a Constitutional Convention without first
Q submitting the proposition to a vote of the people. Bennett
 1 vs. Jackson, 186 Ind. 553, 1—l6 N. E. 921 (1917).
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