ministered in a uniform mode of pleading, without distinction between law and equity. And the general assembly may, also, make it the duty of said commissioners to reduce into a systematic code the general statute law of the state; and said commissioners shall report the result of their labors to the general assembly, with such recommendations and suggestions, as to abridgment and amendment, as to said commissioners may seem necessary or proper. Provisions shall be made, by law, for filling vacancies, regulating the tenure of office, and the compensation of said commissioners.

181. (181) Lawyers.-21. Every person of good moral character, being a voter, shall be entitled to admission to practice law in all courts of justice.

Certain officers may be prohibited by law from practicing law. McCracken v. State, 27 Ind. 491.

182. (182.) Common schools.-1. Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government, it shall be the duty of the general assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement, and to provide, by law, for a general and uniform system of common schools, wherein tuition shall be without charge, and equally open to all.

A statute providing for the submission to the voters of a township, the question of raising a special school tax is unconstitutional. Greencastle Tp. v. Black, 5 Ind. 557. Township trustees may levy taxes to build school-houses. Adamson v. Auditor, etc., 9 Ind. 174; Rose v. Bath Tp., 10 Ind. 18.

Statutes authorizing the levy of school taxes must be general, but the exercise of the authority given need not be uniform throughout the state. Adamson v. Auditor, etc., 9 Ind. 174.

Separate schools may be provided for white and colored children. Cory v. Carter, 48 Ind. 327.

The legislature has power to provide by law for the publication and sale of books for use in the common schools of the State. State, ex rel., v. Haworth, 122 Ind. 462.

183. (183.) Common school fund.-2. The common school fund shall consist of the congressional township fund, and the lands belonging thereto;

The surplus revenue fund;

The saline fund, and the lands belonging thereto;

The bank tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the state bank of Indiana;

The fund to be derived from the sale of county seminaries, and the moneys and property heretofore held for such seminaries; from the

fines assessed for breaches of the penal laws of the state; and from all forfeitures which may accrue;

All lands and other estate which shall escheat to the state for want of heirs or kindred entitled to the inheritance:

All lands that have been, or may hereafter be, granted to the state, where no special purpose is expressed in the grant, and the proceeds of the sales thereof, including the proceeds of the sales of the swamp lands granted to the state of Indiana by the act of congress of the twenty-eighth of September, one thousand eight hundred and fifty, after deducting the expense of selecting and draining the same;

Taxes on the property of corporations, that may be assessed by the general assembly for common school purposes.

The interest on the congressional township fund is to be distributed to the township owning the fund. Quick v. White Water Tp., 7 Ind. 570.

It is competent to provide by law that in making a distribution of school funds some localities may receive more than others in order that the funds of each locality may be equal. Quick v. White Water Tp., 7 Ind. 570; Quick v. Springfield Tp., 7 Ind. 636. It is the fund derived from the sale of escheated real estate, and not the property itself, that becomes a part of the school fund. State, ex rel., v. Meyer, 63 Ind. 33. The provision in relation to the fund derived from the sale of county seminaries is invalid, as it impairs the obligation of a contract. Edwards v. Jagers, 19 Ind. 407. Lands granted by the United States to townships for school purposes can not be taxed for any purpose while held by such townships. Edgerton v. Huntington Tp., 126 Ind. 261.

Penalties recovered in civil actions do not belong to the school fund. Toledo, etc., R. R. Co. v. Stephenson, 131 Ind. 203.

184. (184.) Principal, a perpetual fund.-3. The principal of the common school fund shall remain a perpetual fund, which may be increased, but shall never be diminished; and the income thereof shall be inviolably appropriated to the support of common schools, and to no other purpose whatever.

No portion of the principal of the common school fund can be used to preserve, protect or recover such fund. Board v. State, ex rel., 116 Ind. 329.

185. (185.) Investment and distribution.-4. The general assembly shall invest, in some safe and profitable manner, all such portions of the common school fund as have not heretofore been intrusted to the several counties; and shall make provision, by law, for the distribution, among the several counties, of the interest thereof.

The legislature may provide for the loaning by counties of the common school fund. Shoemaker v. Smith, 37 Ind. 122.

186. (186.) Re-investment.-5. If any county shall fail to demand its proportion of such interest for common school purposes, the same shall be re-invested for the benefit of such county.

187. (187.) Counties-Liability.-6. The several counties shall be held liable for the preservation of so much of the said fund as may be intrusted to them, and for the payment of the annual interest thereon.

Counties are liable for the rents of congressional school lands and may sue to recover the same. Davis v. State, ex rel., 44 Ind. 38; Board v. State, ex rel., 116 Ind. 329.

No portion of the income from school lands can be used to pay the expense of recovering such income, and if so used it must be refunded by the county. Board v. State, ex rel., 116 Ind. 329.

If a county pays to the school fund the principal and interest of a loan on lands, and the lands are sold, the county should be reimbursed out of the proceeds of the sale. Board v. State, ex rel., 122 Ind. 333.

188. (188.) Trust funds inviolate.-7. All trust funds held by the state shall remain inviolate, and be faithfully and exclusively applied to the purposes for which the trust was created.

189. (189.) Superintendent of public instruction.-8. The general assembly shall provide for the election, by the voters of the state, of a state superintendent of public instruction, who shall hold his office for two years, and whose duties and compensation shall be prescribed by law.

SEC.

ARTICLE 9.-STATE INSTITUTIONS.

190. Benevolent institutions. 191. Houses of refuge.

SEC.

192. County asylums.

190. (190.) Benevolent institutions.-1. 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 insane.

The legislature may provide how the agents or officers of the benevolent institutions of the state shall be selected. Hovey v. State, ex rel., 119 Ind. 395.

191. (191.) Houses of refuge.-2. The general assembly shall provide houses of refuge for the correction and reformation of juvenile offenders.

192. (192.) County asylums.-3. 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.

Persons who are admitted to the benefits of a county asylum for poor persons can not be charged by the county for their support. Board v. Ristine. 124 Ind. 242.

193. (193.) Assessment and taxation.-1. The general assembly shall provide, by law, for a uniform and equal rate of assessment and taxation; and shall prescribe 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 be especially exempted by law.

There is no constitutional prohibition upon local taxation for objects in themselves local. Anderson v. Kerns Co., 14 Ind. 199; Law v. Madison Co., 30 Ind. 77.

Statutes providing for the payment of a license fee by persons engaged in a certain business, are constitutional. Thomasson v. State, 15 Ind. 449.

A tax may be assessed upon each dog owned or kept by a person. Mitchell v. Williams, 27 Ind. 62.

The constitution only requires 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.

There is a distinction between taxation for general purposes and assessments for improvements resulting in special benefit to property. Law v. Madison Co., 30 Ind. 77. The legislature can not exempt any property from taxation except it comes within one of the classes mentioned in the constitution. State, ex rel., v. Indianapolis, 69 Ind. 375.

Private property used for educational purposes may be exempted from taxation. Indianapolis v. Sturdevant, 24 Ind. 391.

School trustees of cities may be empowered to levy a tax for tuition purposes. Robinson v. Schenck, 102 Ind. 307. See Lafayette v. Jenners, 10 Ind. 70; Lima Tp. r. Jenks, 20 Ind. 301.

194. (194.) Payment of public debt.-2. 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.

195. (195.) Appropriations.-3. No money shall be drawn from the treasury but in pursuance of appropriations made by law.

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

In appropriating money to pay the salary of an office, the legislature can not specify to whom it shall be paid. State, ex rel., v. Carr, 129 Ind. 44.

196. (196.) Statement of receipts and expenditures.-4. An accurate statement of the receipts and expenditures of the public money shall be published with the laws of each regular session of the general assembly.

197. (197.) Creation of debt forbidden.-5. 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, provide for the public defense.

The legislature may anticipate a deficit in the revenue of the state, and authorize a loan to meet the same. Hovey v. Foster, 118 Ind. 502.

198. (198.) Counties can not take stock.-6. No county shall subscribe for stock in any incorporated company, unless the same be paid for at the time of such subscription, nor shall any county loan its credit to any incorporated company, nor borrow money for the purpose

of taking stock in any such company; nor shall the general assembly ever, on behalf of the state, assume the debts of any county, city, town, or township, nor of any corporation whatever.

The legislature may authorize counties to subscribe for stock in railroad companies if the stock is paid for at the time of subscription. Lafayette, etc., R. R. Co. v. Geiger, 34 Ind. 185; State, ex rel., v. Wheadon, 39 Ind. 520.

199. (199.) Wabash and Erie canal.-7. No law or resolution shall ever be passed by the general assembly of the state of Indiana that shall recognize any liability of this state to pay or redeem any certificate of stock issued in pursuance of an act entitled "An act to provide for the funded debt of the state of Indiana, and for the completion of the Wabash and Erie canal to Evansville," passed January 19, 1846; and an act supplemental to said act, passed January 29, 1847; which, by the provisions of the said acts, or either of them, shall be payable exclusively from the proceeds of the canal lands, and the tolls and revenues of the canal, in said acts mentioned; and no such certificate of stock shall ever be paid by this state. ment. Adopted February 18, 1873.]

[Amend

200. (200.) Incorporation of banks.-1. The general assembly shall not have power to establish or incorporate any bank or banking company or moneyed institution, for the purpose of issuing bills of credit or bills payable to order or bearer, except under the conditions. prescribed in this constitution.

The conditions spoken of in this section relate to the subject of banking. Wright v. Defrees, 8 Ind. 298.

201. (201.) General banking law.-2. No banks shall be established otherwise than under a general banking law, except as provided in the fourth section of this article.

202. (202.) Registry of notes.-3. If the general assembly shall enact a general banking law, such law shall provide for the registry and countersigning, by an officer of state, of all paper credit designed to be circulated as money; and ample collateral security, readily convertible into specie for the redemption of the same in gold or silver, shall be required; which collateral security shall be under the control of the proper officer or officers of state.

203. (203.) Bank with branches.-4. The general assembly may