other department. Wright v. Defrees, 8 Ind. 298; McCulloch v. State, 11 Ind. 424. The three departments of government are equal, co-ordinate and independent. Lafayette, etc., R. R. Co. v. Geiger, 34 Ind. 185.

The governor can not be compelled by mandate to perform an official duty. Hovey v. State, ex rel., 127 Ind. 588. See Gray v. State, ex rel., 72 Ind. 567.

The legislature can not confer upon ministerial boards the power to punish contempts. Langenberg v. Decker, 131 Ind. 471.

97. (97.) The general assembly.-1. The legislative authority of the state shall be vested in the 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.

The legislative will may in some instances be expressed by a joint resolution. State, ex rel., v. Bailey, 16 Ind. 46.

Money can not be appropriated from the state treasury by a joint resolution. May v. Rice, 91 Ind. 546.

"Be it enacted by the gen

Laws must be enacted by bill, and the style shall be: eral assembly of the state of Indiana." May v. Rice, 91 Ind. 546.

98. (98.) Number.-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.

99. (99.) Term of office.-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.

100. (100.) Periodical enumeration.-4. The general assembly shall, at its second session after the adoption of this constitution, and every six years thereafter, cause an enumeration to be made of all the male inhabitants over the age of twenty-one years.

101. (101.) Apportionment of representation.-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 male inhabitants above twenty-one 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 by the general assembly before the adoption of this constitution. [The word "white" was stricken out from before the words "male inhabitants" in sections 4 and 5 (§§ 100 and 101), by amendment of March 14, 1881.]

102. (102.) Districts.-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.

103. (103.) Qualifications.-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 twenty-one years of age.

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104. (104.) Privilege from arrest.-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 other place.

105. (105.) Sessions.-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 secyear 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.

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106. (106.) Officers-Adjournment.-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.

107. (107.) Quorum.-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.

108. (108.) Journal.-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 journal: Provided, That on a motion to adjourn, it shall require one-tenth of the members present to order the yeas and nays.

Courts do not take judicial notice of the contents of legislative journals, but the facts relating to the passage of a statute may be presented for inquiry. Coleman v. Dobbins, 8 Ind. 156.

Legislative journals are conclusive as to the facts that appear upon their face. McCulloch v. State, 11 Ind. 424.

109. (109.) Doors to be open.-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.

110. (110.) Disorderly behavior punished.-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.

111. (111.) Imprisonment for contempt.-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 twenty-four hours.

112. (112.) Powers of each house.-16. Each house shall have all powers necessary for a branch of the legislative department of a free and independent state.

113. (113.) Bills.-17. 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.

114. (114.) Reading and vote.-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.

Making laws to take effect on a vote of the people is inconsistent with this provision. Maize v. State, 4 Ind. 342.

Courts will presume that printed statutes were properly passed. Coleman v. Dobbins, 8 Ind. 156.

If a statute is authenticated by the presiding officers of the legislature, the courts can not inquire into the passage of the statute. Evans . Browne, 30 Ind. 514.

115. (115.) Subject-matter and title.-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.

Every act must have a title, designate a single subject, but the title should not express the object or purpose of the act but the means by which it is to be accomplished. Indiana R. W. Co. v. Potts, 7 Ind. 681.

It is not necessary that all matters properly connected with the subject-matter shall be expressed in the title. Reed v. State, 12 Ind. 641; Robinson v. Skipworth, 23 Ind. 311; Hingle v. State, 24 Ind. 28; Madison R. R. Co. v. Whiteneck, 8 Ind. 217; State v. Adamson, 14 Ind. 296.

The repeal of a statute is properly connected with the subject-matter of an act. Gabbert v. Jeffersonville R. R. Co., 11 Ind. 365.

Conferring jurisdiction on courts to enforce an act is a matter properly connected with the subject-matter. Hingle v. State, 24 Ind. 28; Farrell v. State, 45 Ind. 371.

An act regulating licenses may include more than one kind of business. State v. Bowers, 14 Ind. 195.

The title of the act of 1852 concerning promissory notes and bills of exchange does not cover other instruments in writing. Mewherter v. Price, 11 Ind. 199.

An office may be created, the duties and compensation of the officer, and the mode of his election may be included in the same act. Walker v. Dunham, 17 Ind. 483. The title to the civil code of 1852 was sufficient to cover the mechanics lien law. Hall v. Bunte, 20 Ind. 304.

The title to the act of 1852, in relation to insurance companies, did not cover section 56 concerning foreign companies. Grubbs v. State, 24 Ind. 295.

Where a matter is so closely connected with a subject of the act as to create a doubt whether it be not included within the subject, the act will be upheld. State, ex rel., v. Board, 26 Ind. 522; State, ex rel., v. Tucker, 46 Ind. 355.

If the title of an act indicates some particular branch of legislation as a head under which the particular provisions of the act might reasonably be looked for, it is sufficient. Bright v. McCullough, 27 Ind. 223.

The division of the state into judicial circuits and providing for the election of judicial officers is properly embraced in one act. State, ex rel., v. Tucker, 46 Ind. 355.

If the title of the original act is sufficient to cover an amendment, it is immaterial as to the title to the amendatory act. Brandon v. State, 16 Ind. 197; Shoemaker v. Smith, 37 Ind. 122.

116. (116.) Plain wording.-20. Every act and joint resolution shall be plainly worded, avoiding, as far as practicable, the use of technical terms.

117. (117.) Acts, how amended.-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.

In the amendment of an act or section the old act or section need not be set out, but the act or section as amended should be set forth, overruling the case of Langdon v.

Applegate, 5 Ind. 327, and cases following that case. Greencastle, etc., Co. v. State, ex rel., 28 Ind. 382; Draper v. Falley, 33 Ind. 465.

An attempt to amend an act not in existence is nugatory for all purposes. Draper v. Falley, 33 Ind. 465; Blakemore v. Dolan, 50 Ind. 194; Feibleman v. State, 98 Ind. 516. One clause of a section of a statute can not be amended by setting forth the clause as amended. Martinsville v. Frieze, 33 Ind. 507; Cowley v. Rushville, 60 Ind. 327. The title of the act amended must be referred to by the amendatory act. Feibleman v. State, 98 Ind. 516.

118. (118.) Local laws forbidden.-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;

Regulating the practice in courts of justice;

Special provisions may be made as to the mode of practice in special proceedings. Board v. Silvers, 22 Ind. 491; Toledo R. W. Co. v. Nordyke, 27 Ind. 95.

A legalizing act that only applies to the proceedings of a portion of the circuit courts, is invalid. Mitchell v. McCorkle, 69 Ind. 184.

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;

It is only necessary that the rate of assessment and taxation shall be uniform throughout the locality in which the tax is levied. Bright v. McCullough, 27 Ind. 223; Palmer v. Stumph, 29 Ind. 329; Gilson v. Board, 128 Ind. 65.

Taxes may be assessed within prescribed limits for the purpose of constructing public highways and other public improvements. State, ex rel., v. Needham, 32 Ind. 325; Marks v. Trustees, 37 Ind. 155; Gilson v. Board, 128 Ind. 65.

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. [As amended March 14, 1881.] Salaries of officers may be based upon the population of counties. State, ex rel., v. Reitz, 62 Ind. 159.

In relation to interest on money;

Providing for opening and conducting elections of state, county, or township officers, and designating the places of voting;