Providing for the sale of real estate belonging to minors or other persons laboring under legal disabilities, by executors, administrators, guardians, or trustees. Acts may be passed amending the special charters of municipal corporations. Longworth v. Evansville, 32 Ind. 322. The acts ereating criminal courts in certain counties are valid. Eitel v. State, 33 Ind. 201; Wiles v. State, 33 Ind. 206. The exception of certain rivers from the operation of the act for the protection of fish, does not render the act invalid. Gentile v. State, 29 Ind. 409. The legislature alone is to judge whether or not a law can be made applicable to the whole State. Gentile v. State, 29 Ind. 409; Wiley v. Bluffton, 111 Ind. 152; State, ex rel., . Kolsem, 130 Ind. 434. Special acts for the removal of county seats can not be passed. Thomas v. Board, 5 Ind. 4. Acts may be passed creating new judicial circuits. Stocking v. State, 7 Ind. 326. Local laws in existence at the time of the taking effect of the constitution continued in force. State v. Barbee, 3 Ind. 258. 119. (119.) Laws must be general.-23. 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. It is only necessary that laws shall operate in all parts of the state in a similar manner under the same circumstances and conditions. Groesch v. State, 42 Ind. 547; Consumers Gas Trust Co. v. Harless, 131 Ind. 446. It is for the legislature alone to judge whether or not a law can be made applicable to the whole State. Gentile v. State, 29 Ind. 409; Wiley v. Bluffton, 111 Ind. 152; State, ez rel., t. Kolsem, 130 Ind. 434. 120. (120.) Suits against 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. 121. (121.) Passage of bills.-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. The journals of the legislature are legitimate evidence as to the passage of statutes. Skinner. Deming, 2 Ind. 558. Courts will not judicially notice the contents of legislative journals as to the passage of acts. Coleman v. Dobbins, 8 Ind. 156. Statutes printed by authority of the state are presumed to have been properly passed. Coleman v. Dobbins, 8 Ind. 156. If the legislative journals show on their face that a bill did not receive the necessary number of votes on its final passage the bill is a nullity. McCulloch v. State, 11 Ind. 424. If a statute is properly authenticated by the presiding officers of the legislature, the courts will not go behind such authentication to inquire into the passage of the statute. Evans v. Browne, 30 Ind. 514. 122. (122.) Protest and entry.-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. 123. (123.) Public laws.-27. Every statute shall be a public law, unless otherwise declared in the statute itself. 124. (124.) Publication of statutes.-28. 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. Acts do not take effect until they are distributed to all the counties. Jones v. Cavins, 4 Ind. 305. The acts must be published and circulated by authority of the state. Hendrickson v. Hendrickson, 7 Ind. 13. Portions of the acts of a session of the legislature may be published and circulated in advance of the other portion of such acts. McCool v. State, 7 Ind. 378; State v. Dunning, 9 Ind. 20; Bravard v. Cincinnati, etc., R. R. Co., 115 Ind. 1. The legislature can not put an act in force prior to its publication and circulation in all counties except by declaring an emergency. Mark v. State, ex rel., 15 Ind. 98; Cain v. Goda, 84 Ind. 209. 125. (125.) Pay of members.-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. 126. (126.) Members ineligible to certain offices.-30. No senator or representative shall, during the term for which he may have been elected, be eligible to any office, the election of 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. Members of the legislature may be appointed on committees created by the legislature to perform particular services. Branham v. Lange, 16 Ind. 497. The words "term for which he may have been elected" means the term of office and not time of service. Baker v. Kirk, 33 Ind. 517. 127. (127.) Governor.-1. The executive powers 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. 128. (128.) Lieutenant-governor.-2. There shall be a lieutenant-governor, who shall hold his office during four years. 129. (129.) Election.-3. The governor and lieutenant-governor shall be elected at the times and places of choosing members of the general assembly. 130. (130.) Manner of voting.-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. Courts have no jurisdiction to control the delivery of the election returns for governor and lieutenant-governor by the secretary of state to the speaker of the house of representatives. Smith v. Myers, 109 Ind. 1. 131. (131.) Plurality elects.-5. The persons, 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-governor, as the case may be. 132. (132.) Contests.-6. Contested elections for governor or lieutenant-governor shall be determined by the general assembly, in such manner as may be prescribed by law. Contests for the office of governor or lieutenant-governor can not be tried in the courts. Robertson v. State, ex rel., 109 Ind. 79. 133. (133.) Qualifications.-7. No person shall be eligible to the office of governor or lieutenant-governor who shall not have been five years a citizen of the United States, and also a resident of the state of Indiana during the five years next preceding his election; nor shall any person be eligible to either of the said offices who shall not have attained the age of thirty years. 134. (134.) Persons ineligible.-8. No member of congress, or person holding any office under the United States or under this state, shall fill the office of governor or lieutenant-governor. 135. (135.) Term of office.-9. The official term of the governor and lieutenant-governor shall commence on the second Monday of January, in the year one thousand eight hundred and fifty-three; and on the same day every four years thereafter. 136. (136.) Vacancies.-10. In case of the removal of the governor from office, or of his death, resignation, or inability to discharge the duties of the office, the same shall devolve on the lieutenant-governor; and the general assembly shall, by law, provide for the case of removal from office, death, resignation, or inability, both of the governor and lieutenant-governor, declaring what officer shall then act as governor; and such officer shall act accordingly, until the disability be removed, or a governor be elected, 137. (137.) President pro tem. of Senate.-11. Whenever the lieutenant-governor shall act as governor, or shall be unable to attend as president of the senate, the senate shall elect one of its own members as president for the occasion. 138. (138.) Governor-Commander-in-chief.-12. The governor shall be commander-in-chief of the military and naval forces, and may call out such forces to execute the laws, or to suppress insurrection, or to repel invasion. 139. (139) Messages.-13. He shall, from time to time, give to the general assembly information touching the condition of the state, and recommend such measures as he shall judge to be expedient. 140. (140.) Bills signed or vetoed.-14. Every bill which shall have passed the general assembly 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 enter the objections, at large, upon its journals, and 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 reconsidered; and 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, Sunday 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 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. If the Governor files a bill in the office of the secretary of state on the day of and after the final adjournment of the legislature, the governor can not afterwards file objections to such bill. Tarlton v. Peggs, 18 Ind. 24. Courts can not look beyond the enrolled acts of the legislature to see that a bill was presented to the governor within the time fixed by the constitution. Bender v. State, 53 Ind. 254. If a bill is passed over the veto of the governor, it need not be again presented to him. State, ex rel., v. Denny, 118 Ind. 449. 141. (141.) Information from officers.-15. The governor shall transact all necessary business with the officers of government, and may require information, in writing, from the officers of the administrative department, upon any subject relating to the duties of their respective offices. 142. (142.) Execution of laws.-16. He shall take care that the laws be faithfully executed. 143. (143.) Pardons and reprieves.-17. He shall have the power to grant reprieves, commutations, and pardons, after conviction, for all offenses except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the general assembly at its next meeting; when the general assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law; and shall report to the general assembly, at its next meeting, each case of reprieve, commutation, or pardon granted, and also the names of all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted: Provided, however, That the general assembly may, by law, constitute a council, to be composed of officers of state, without whose advice and consent the governor shall not have power to grant pardons, in any case, except such as may, by law, be left to his sole power. A pardon or remission obtained by fraud is void. State v. Leak, 5 Ind. 359. The governor can only remit fines and forfeitures in pursuance of regulations prescribed by law. State v. Dunning, 9 Ind. 20. The governor has exclusive power, under rules prescribed by law, to grant reprieves, commutations and pardons, and to remit fines and forfeitures. Butler v. State, 97 Ind. 373. Conditional pardons or paroles may be granted, and the prisoner may be recommitted for a violation of the condition. Woodward v. Murdock, 124 Ind. 439. 144. (144.) He may fill vacancies.-18. When, during a recess of the general assembly, a vacancy shall happen in any office, the appointment to which is vested in the general assembly; or when, at any time, a vacancy shall have occurred in any other state office, or in the office of judge of any court; the governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified. When a vacancy occurs in the office of judge of a circuit court the governor alone can fill such vacancy by appointment. Case v. State, 5 Ind. 1; Stocking v. State, 7 Ind. 326. If an office is created by the legislature to be filled by such body, and no officer is selected, the governor can not fill such office by appointment. Collins v. State, ex rel., 8 Ind. 344. 145. (145.) Writs of election to assembly.-19. He shall issue writs of election to fill such vacanies as may have occurred in the general assembly. 146. (146.) May change place of meeting.-20. Should the seat of government become dangerous from disease or a common enemy, he may convene the general assembly at any other place. 147. (147.) Duties of lieutenant-governor.-21. The lieutenantgovernor shall, by virtue of his office, be president of the senate; have a right, when in committee of the whole, to join in debate, and |