to vote on all subjects; and whenever the senate shall be equally divided, he shall give the casting vote.

148. (148.) Pay of governor.-22. The governor shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the term for which he shall have been elected.

149. (149.) Pay of lieutenant-governor.-23. The lieutenantgovernor, while he shall act as president of the senate, shall receive for his services the same compensation as the speaker of the house of representatives; and any person acting as governor shall receive the compensation attached to the office of governor.

150. (150.) Their ineligibility to office.-24. Neither the governor nor lieutenant-governor shall be eligible to any other office during the term for which he shall have been elected.

151. (151.) Secretary, auditor and treasurer of state.-1. There shall be elected, by the voters of the state, a secretary, an auditor, and a treasurer of state, who shall severally hold their offices for two years. They shall perform such duties as may be enjoined by law; and no person shall be eligible to either of said offices more than four years in any period of six years.

The auditor of state can perform only such duties as are enjoined by law. Branham v. Lange, 16 Ind. 497.

The legislature can not create other offices and transfer the duties of secretary, auditor and treasurer of state to the incumbents of such offices. State, ex rel., v. Gorby, 122 Ind. 17.

152. (152.) Terms of county officers.-2. There shall be elected, in each county, by the voters thereof, at the time of holding general elections, a clerk of the circuit court, auditor, recorder, treasurer, sheriff, coroner and surveyor. The clerk, auditor and recorder shall continue in office four years; and no person shall be eligible to the office of clerk, recorder or auditor more than eight years in any period of twelve years. The treasurer, sheriff, coroner and surveyor shall continue in office two years; and no person shall be eligible to the office of treasurer or sheriff more than four years in any period of six years.

Persons elected to fill a vacancy in the office of clerk of the circuit court, hold their offices for four years. The Governor v. Nelson, 6 Ind. 496.

The legislature can not lengthen or shorten the term of an office that is fixed by the constitution. Howard v. State, ex rel., 10 Ind. 99.

When a person has served as clerk of the circuit court for eight consecutive years, he becomes ineligible to longer hold such office. Carson v. McPhetridge, 15 Ind. 327; Gosman v. State, ex rel., 106 Ind. 203.

153. (153.) County and township officers.-3. Such other county and township officers as may be necessary shall be elected or appointed in such manner as may be prescribed by law.

Persons eligible to any county office are eligible to hold a township office. McCarthy. Froelke, 63 Ind. 507.

The legislature may provide for the selection of an officer by lot in case of a tie vote. Johnston v. State, ex rel., 128 Ind. 16.

154. (154). Qualifications of county officers.-4. No person shall be elected or appointed as a county officer who shall not be an elector of the county; nor any one who shall not have been an inhabitant thereof during one year next preceding his appointment, if the county shall have been so long organized; but if the county shall not have been so long organized, then within the limits of the county or counties out of which the same shall have been taken.

Any elector of a county is eligible to any county office. McCarthy v. Froelke, 63 Ind.

507.

155. (155.) Residence of officers of state.-5. The governor, and the secretary, auditor, and treasurer of state shall, severally, reside and keep the public records, books and papers in any manner relating to their respective offices at the seat of government.

156. (156.) Residence of other officers.-6. All county, township, and town officers shall reside within their respective counties, townships, and towns; and shall keep their respective offices at such places therein, and perform such duties as may be directed by law.

157. (157.) Impeachment of state officers.-7. All state officers shall, for crime, incapacity, or negligence be liable to be removed from office, either by impeachment by the house of representatives, to be tried by the senate, or by a joint resolution of the general assembly; two-thirds of the members elected to each branch voting, in either case, therefor.

158. (158.) Impeachment of county officers.-8. All state, county, township and town officers may be impeached, or removed from office, in such manner as may be prescribed by law.

159. (159.) Vacancies, how filled.-9. Vacancies in county, township, and town offices shall be filled in such manner as may be prescribed by law.

160. (160.) County boards.-10. The general assembly may confer upon the boards doing county business in the several counties, powers of a local, administrative character.

The act conferring upon county boards power to create new counties is valid. Board e. Spitler, 13 Ind. 235.

The act conferring upon county boards power to order elections, to vote upon the subject of aiding the construction of railroads, and empowering counties to subscribe for stock is valid. Lafayette, etc., R. R. Co. v. Geiger, 34 Ind. 185.

161. (161.) Judicial powers.-1. The judicial power of the state shall be vested in a supreme court, in circuit courts, and in such other courts as the general assembly may establish. [As amended March 14, 1881.]

The mayor of a city is a judicial officer. Waldo v. Wallace, 12 Ind. 569. The legislature has power to establish criminal and superior courts. Clem v. 33 Ind. 418; Smith v. Smith, 77 Ind. 80; Sauer v. Twining, 81 Ind. 366.

State,

162. (162.) Supreme court.-2. The supreme court shall consist of not less than three, nor more than five judges, a majority of whom shall form a quorum. they shall hold their offices for six years, if they so long behave well.

163. (163.) Judicial districts.-3. The state shall be divided into as many districts as there are judges of the supreme court; and such districts shall be formed of contiguous territory, as nearly equal in population as, without dividing a county, the same can be made. One of said judges shall be elected from each district, and reside therein; but said judges shall be elected by the electors of the state at large. 164. (164.) Jurisdiction.-4. The supreme court shall have jurisdiction co-extensive with the limits of the state in appeals and writs of error, under such regulations and restrictions as may be prescribed by law. It shall also have such original jurisdiction as the general assembly may confer.

The supreme court can only issue a writ of mandate when acting as an appellate court. State, ex rel., v. Biddle, 36 Ind. 138.

Jurisdiction can not be conferred on the supreme court by consent of parties when not conferred by law. Davis v. Davis, 36 Ind. 160; Smith v. Myers, 109 Ind. 1.

165. (165) Decisions in writing.-5. The supreme court shall, upon the decision of every case, give a statement in writing of each question arising in the record of such case and the decision of the court thereon.

This provision applies only to cases arising under the constitution of 1851. Hand v. Taylor, 4 Ind. 409.

It is only such questions that are necessary to be decided in order to finally determine a case that the supreme court is required to give a decision in writing upon. Willets v. Ridgway, 9 Ind. 367.

166. (166.) Publication of decisions.-6. The general assembly shall provide, by law, for the speedy publication of the decisions of the supreme court made under this constitution; but no judge shall be allowed to report such decisions.

The legislature can not require that the judges of the supreme court shall prepare syllabi of their decisions for publication. Ex parte Griffiths, 118 Ind. 83.

167. (167.) Clerk of supreme court.-7. There shall be elected, by the voters of the state, a clerk of the supreme court, who shall hold his office four years, and whose duties shall be prescribed by law. 168. (168.) Circuit courts.-8. The circuit courts shall each consist of one judge, and shall have such civil and criminal jurisdiction as may be prescribed by law.

169. (169.) Circuit judges.-9. The state shall, from time to time, be divided into judicial circuits; and a judge for each circuit shall be elected by the voters thereof. He shall reside within the circuit, and shall hold his office for the term of six years, if he so long. behave well.

The legislature may create new judicial circuits out of existing circuits and provide for the selection of new judges. Stocking v. State, 7 Ind. 326; State, ex rel., v. Johnston, 101 Ind. 223.

170. (170.) Special judges.-10. The general assembly may provide, by law, that the judge of one circuit may hold the courts of another circuit, in cases of necessity or convenience; and in case of temporary inability of any judge, from sickness or other cause, to hold the courts in his circuit, provision may be made by law for holding such courts.

The legislature has power to provide for the appointment of persons as special judges in certain cases. Feaster v. Woodfill, 23 Ind. 493; Starry v. Winning, 7 Ind. 311; State v. Dufour, 63 Ind. 567; Brown v. Buzan, 24 Ind. 194; Perkins v. Hayward, 124 Ind. 445; Shugart v. Miles, 125 Ind. 445.

171. (171.) Prosecuting attorneys.-11. There shall be elected, in each judicial circuit, by the voters thereof, a prosecuting attorney, who shall hold his office for two years.

Prosecuting attorneys must reside within their circuits. State, ex rel., v. Johnston, 101 Ind. 223.

Prosecuting attorneys created by law for criminal courts, are not the prosecuting attorneys created by the constitution. Cropsey v. Henderson, 63 Ind. 268.

A prosecuting attorney is an officer entrusted with the administration of justice. State v. Henning, 33 Ind. 189.

172. (172.) Removal of judges and prosecutors.-12. Any judge or prosecuting attorney who shall have been convicted of corruption or other high crime, may, on information in the name of the state, be removed from office by the supreme court, or in such other manner as may be prescribed by law.

173. (173.) Pay of judges.-13. The judges of the supreme court and circuit courts shall, at stated times, receive a compensation which shall not be diminished during their continuance in office.

174. (174.) Justices of the peace.-14. A competent number of justices of the peace shall be elected by the voters in each township in the several counties. They shall continue in office four years, and their powers and duties shall be prescribed by law.

Justices of the peace are township officers. Spencer v. Cline, 28 Ind. 51.

175. (175.) Conservators of the peace.-15. All judicial officers shall be conservators of the peace in their respective jurisdictions.

176. (176.) Ineligibility of judges.-16. No person elected to any judicial office shall, during the term for which he shall have been elected, be eligible to any office of trust or profit under the state, other than a judicial office.

All judicial officers are ineligible to any office, other than a judicial office, during the term for which they shall have been elected. Waldo v. Wallace, 12 Ind. 569.

A person holding a judicial office may be elected during his term to an office not judicial, when the term of the latter office does not begin until after the expiration of the term of the judicial office. Smith v. Moore, 90 Ind. 294; Vogel v. State, ex rel., 107 Ind. 374.

If a person elected to a judicial office does not accept such office, he is not rendered ineligible to hold other offices. Smith v. Moore, 90 Ind. 294.

Mayors of cities and justices of the peace are judicial officers. Vogel v. State, ex rel., 107 Ind. 374.

Person elected to judicial offices are not ineligible to hold municipal offices during the term of the judicial office. Mohan v. Jackson, 52 Ind. 599; Chambers v. State, 127 Ind. 365.

177. (177.) Grand jury system.-17. The general assembly may modify or abolish the grand jury system.

It may be provided by law that certain crimes must be prosecuted by indictment, in certain courts, and that such crimes may be otherwise prosecuted in other courts. Reed v. State, 12 Ind. 641.

178. (178.) Criminal prosecutions.-18. All criminal prosecutions shall be carried on in the name and by the authority of the state; and the style of all process shall be "The state of Indiana.”

If it appears from the record that the prosecution is in the name of the state it is sufficient. Crutz v. State, 4 Ind. 385.

179. (179.) Courts of conciliation.-19. Tribunals of conciliation may be established with such powers and duties as shall be prescribed by law; or the powers and duties of the same may be conferred upon other courts of justice, but such tribunals or other courts, when sitting as such, shall have no power to render judgment to be obligatory on the parties, unless they voluntarily submit their matters of difference and agree to abide the judgment of such tribunal or court.

180. (180.) Revision of laws.-20. The general assembly, at its first session after the adoption of this constitution, shall provide for the appointment of three commissioners, whose duty it shall be to revise, simplify, and abridge the rules, practice, pleadings and forms of the courts of justice. And they shall provide for abolishing the distinct forms of action at law now in use, and that justice shall be ad