The Judiciary and Legal Procedure

The following constitutional provisions were proposed by individual delegates or committees and after consideration by the Convention were rejected.

1. Election of Attorney General. - Sec. 1. There shall be elected by the qualified electors of the State, an Attorney General, whose powers and duties shall be prescribed by law, and who shall hold his office for four years, and until his successor be elected and qualified (p. 209). Reported by the Committee on Organization of courts on Nov. 7. Laid on the table; subsequently taken up for consideration and finally laid on the table (pp. 719-22, 749). A proposal that the attorney-general be appointed by the Governor by and with the advice and consent of the Senate was rejected.

2. Classification of Judges of Supreme Court. - Section 3. Provision shall be made by law for classifying the Judges of the Supreme Court, so the not more than one of them shall go out of office in the same year (p. 722).

3. Method of Answering a Criminal Charge. - That no person arrested or confined in jail shall be treated with unnecessary rigor, or be put to answer any criminal charge but by presentment or indictment (p. 353). Rejected.

4. Salaries of Supreme and Circuit Judges. - Sec. 3. The salaries of the Judges of the Supreme Court, and the Judges of the Circuit Court, shall be one thousand dollars each, until the same shall be changed by the General Assembly (p. 881). Rejected by a vote of 39-72.

5. Supreme Court Districts. For the purpose of providing for the election of Supreme Judges of the State, under this constitution, at as early a day as practicable, the following shall compose the districts for Judges of the Supreme Court, to-wit:

Section - . The counties of Posey, Vanderburgh, Gibson, Pike, Warrick, Perry, Spencer, Dubois, Orange, Crawford, Harrison, Floyd, Washington, Clark, Scott, Jefferson, Switzerland, Ohio, Dearborn, Ripley, Jennings, Bartholomew, Jackson, Brown, Monroe, Lawrence, Martin, Daviess, Knox and Green, shall compose the first district.

The counties of Sullivan, Vigo, Clay, Owen, Morgan, Johnson, Shelby, Decatur, Rush, Fayette, Union, Franklin, Wayne, Henry, Hancock, Marion, Hendricks, Putnam, Parke, Vermillion, Boone, Hamilton, Madison, and Randolph shall compose the second district.

The counties of Delaware, Fountain, Montgomery, Warren, Tippecanoe, Clinton, Tipton, Benton, White, Carroll, Cass, Miami, Howard, Grant, Wabash, Huntington, Blackford, Jay, Wells, Adams, Allen, Whitley, Kosciusko, Fulton, Pulaski, Marshall, Starke, Jasper, Lake, Porter, Laporte, St. Joseph, Elkhart, Lagrange, Noble, Steuben, and DeKalb, shall compose the third district of the State of Indiana, which said districts shall be and remain as herein established until the same shall be altered or changed by law. But no change of any one or more of said districts shall prevent an incumbent in the office of Supreme Judge under this Constitution from holding said office to the end of the term for which he shall have been chosen (p. 876). Reported by the Committee on Miscellaneous Provisions on Feb. 1. Laid on the table (p. 917).

6. County Probate Judges. - Sec. 14. There shall be in each county a court to be composed of one judge, who shall have original jurisdiction in cases of probate, and such other jurisdiction as may be conferred by law, and whose salary shall be five hundred dollars, to be paid out of the county treasury, and such fees as may be prescribed by law (p. 709). Laid on the table.

7. County Court. - Sec.14. There shall be in each county a court to be composed of one judge, to be elected by the electors of the county, who shall hold his office for four years, and whose jurisdiction and duties shall be fixed by law (p. 715). Rejected by a note of 40-75.

8. Jurisdiction of Probate and Circuit Courts. - Sec. 15. The probate court shall have such civil jurisdiction, and the circuit court such criminal and civil jurisdiction as shall be prescribed by law (p. 709). Laid on the table.