INDIANA. 



425 



schools of the State for causes which might 

 warrant the enactment and interposition of a 

 compulsory education law. 



The law adopted at the previous session 

 of the Legislature, which created a radical 

 change in the long-established manner of select- 

 ing and drawing juries, has gone into operation. 

 The law declares that the Circuit Court shall, 

 during the last term beginning in the calendar 

 year, appoint two persons as jury commission- 

 ers, who shall be freeholders and voters of the 

 county, well known to be of opposite politics, 

 and of good character for intelligence, morality, 

 and integrity. The following oath is to be 

 taken by the commissioners : 



" You do solemnly swear (or affirm) that you 

 will honestly, and without favor or prejudice, 

 perform the duties of jury commissioner during 

 your term of office ; that in selecting persons 

 to be drawn as jurors you will select none but 

 persons whom you believe to be of good repute 

 for intelligence and honesty ; that you will 

 select none whom you have been or may be re- 

 quested to select ; and that in all of your selec- 

 tions you will endeavor to promote only the 

 impartial administration of justice." 



The names to be drawn as jurors shall be 

 taken by the commissioners from the tax du- 

 plicate of those who shall be legal and quali- 

 fied voters of the county. All the juries for 

 the year shall be drawn from a list of names 

 made up at the same time by the commission- 

 ers, by writing on slips of paper, of uniform 

 shape, size, and color, the names of twice as 

 many persons as will be required by law for 

 grand and petit jurors in the courts of the 

 county for all terms of such courts, to com- 

 mence within the calendar year next ensuing. 

 The key to the box in which the names are 

 placed shall remain in the custody of one of 

 the commissioners, not of the same politics as 

 the Clerk of the Circuit Court. 



The law also provides that " within a period 

 of not more than one week preceding the com- 

 mencement of any term of court, the clerk, 

 having first well shaken the box, shall draw 

 therefrom a sufficient number of names to make 

 up the jury required, whether it be petit or 

 grand jury. In counties where the Superior 

 Court may have more than one judge, the 

 clerk shall, if so directed by such court or 

 judges, in like manner draw one or more ad- 

 ditional petit juries for such court at any 

 term." A jury can be discharged at the ex- 

 piration of four weeks, and the clerk be ordered 

 to draw another. In case numerous challenges 

 are made, the court can order the clerk to 

 draw from the box such number of names as 

 shall be deemed proper, and the persons drawn 

 shall be summoned by special venire. If, by 

 reason of such special drawing, or otherwise, 

 the names in the box shall be exhausted, so that 

 any of the courts can not be furnished, the 

 judge shall require such jury commissioners 

 " to deposit in the box such additional number 

 of names as the court may order." The com- 



missioners are appointed by the judges of the 

 Circuit Court. 



The validity of the vote on the constitu- 

 tional amendments in April, 1880, having been 

 denied by the judges of the Supreme Court, 

 an act was passed to submit them again to a 

 popular vote on March 14th. They have been 

 presented in the previous volume of this an- 

 nual. It may not be superfluous to explain the 

 objects to be accomplished by them. 



The first amendment requires the residence 

 of voters to have been six months in the State, 

 two months in the township, and six weeks in 

 the precinct immediately preceding the elec- 

 tion. 



This bar to the importation of voters and the 

 invasion of our State from other States for po- 

 litical purposes secures to the voters of the 

 locality and of the State the control of their 

 own political affairs, free from the interference 

 of corrupt and dangerous invaders. It is the 

 corner-stone of local self-government. 



The third amendment fixes elections for State 

 officers in November, authorizes the election 

 of judges on a separate day, and allows the 

 Legislature to make a registry law. It is in 

 accord with the laws of other States and the 

 United States, and it adds another safeguard to 

 the fair exercise of the right of suffrage, saves 

 the extra expense of two elections every four 

 years, enables the identification of the legal 

 voters, and puts the choice of the highest ju- 

 dicial officers beyond the range of party spirit. 



The second and fourth amendments make 

 the Constitution of Indiana conform to the 

 Constitution of the United States as to the 

 rights of colored citizens. 



The fifth amendment authorizes the grading 

 of fees and salaries in proportion to popula- 

 tion and necessary services required. Some of 

 the county officers receive greater pay than 

 judges of the Supreme Court, Governors, or 

 members of Congress. This restriction was ex- 

 pected to save hundreds of thousands of dollars 

 annually. 



The sixth amendment grants power to estab- 

 lish inferior courts, and makes the administra- 

 tion of justice more speedy and economical. The 

 growth of business population, and wealth; the 

 vast interests begotten by great corporations ; 

 the rapid social progress, and the multiplied 

 agitations consequent upon the enterprise of tho 

 people, all demand a more complete, prompt, 

 and efficient judicial system. 



The ninth amendment restricts the powers 

 of cities, towns, and counties to incur indebt- 

 edness beyond a certain rate, and puts a check 

 upon an evil that has grown to enormous pro- 

 portions in all parts of the land, which will 

 blight tho growth and paralyze the energies 

 of the most enterprising communities unless 

 arrested by constitutional restraint. 



The vote on the amendments was smaller 

 than at the previous election, but the majority 

 was much larger, and secured their adoption. 

 The vote was, for the first amendment, 123,- 



