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also charter a bank with branches without collateral security as required in the preceding section.

204. (204.) Branches mutually responsible.-5. If the general assembly shall establish a bank with branches, the branches shall be mutually responsible for each other's liabilities upon all paper credit issued as money.

205. (205.) Liabilities of stockholders.-6. The stockholders in every bank or banking company shall be individually responsible, to an amount over and above their stock equal to their respective shares of stock, for all debts or liabilities of said bank or banking company. A stockholder can not be relieved of liability to creditors by crediting the amount of his stock on a debt due to him from the bank. Gentry v. Alexander, 16 Ind. 471.

206. (206.) Redemption.-7. All bills or notes issued as money shall be, at all times, redeemable in gold or silver; and no law shall be passed, sanctioning directly or indirectly, the suspension, by any bank or banking company, of specie payments.

The 45th section of the charter of the Bank of the State of Indiana did not authorize a suspension of specie payments within the meaning of this section. Wright v. Defrees, 8 Ind. 298.

207. (207.) Holders' preference.-8. Holders of bank notes shall be entitled, in case of insolvency, to preference of payment over all other creditors.

208. (208.) Interest.-9. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals loaning money.

209. (209.) Twenty years' limitations.-10. Every bank, or banking company, shall be required to cease all banking operations within twenty years from the time of its organization, and promptly thereafter to close its business.

210. (210.) Trust fund.-11. The general assembly is not prohibited from investing the trust funds in a bank with branches, but in case of such investment, the safety of the same shall be guarantied by unquestionable security.

211. (211.) State not to be stockholder.-12. The state shall not be a stockholder in any bank, after the expiration of the present bank charter, nor shall the credit of the state ever be given, or loaned, in aid of any person, association, or corporation; nor shall the state hereafter become a stockholder in any corporation or association.

212. (212.) General laws.-13. Corporations, other than banking, shall not be created by special act, but may be formed under general laws.

213. (213.) Individual liability.-14. Dues from corporations, other than banking, shall be secured by such individual liability of the corporators, or other means, as may be prescribed by law.

ARTICLE 12.-MILITIA.

SEC.

214. Organization.

215. Governor's aid. 216. Commissions.

SEC.

217. Division of militia.
218. Sedentary and active.
219. Exemption.

214. (214.) Organization.-1. The militia shall consist of all ablebodied white male persons, between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States, or of this state; and shall be organized, officered, armed, equipped and trained in such a manner as may be provided by law. 215. (215.) Governor's aids.-2. The governor shall appoint the adjutant, quarter-master and commissary-generals.

216. (216.) Commissions.-3. All militia officers shall be commissioned by the governor, and shall hold their offices not longer than six years.

217. (217.) Division of militia.-4. The general assembly shall determine the method of dividing the militia into divisions, brigades, regiments, battalions and companies, and fix the rank of all staff officers.

218. (218.) Sedentary and active.-5. The militia may be divided into classes of sedentary and active militia, in such manner as shall be prescribed by law.

219. (219.) Exemption.-6. No person conscientiously opposed to bearing arms shall be compelled to do militia duty; but such person shall pay an equivalent for exemption, the amount to be prescribed by law.

ARTICLE 13.-MUNICIPAL DEBT.

220. (220.) Limited-Excess void.-1. No political or municipal corporation in this state shall ever become indebted, in any manner or for any purpose, to an amount, in the aggregate exceeding two per centum on the value of the taxable property within such corporation, to be ascertained by the last assessment for state and county taxes previous to the incurring of such indebtedness; and all bonds or obligations, in excess of such amount, given by such corporation, shall be void: Provided, That in time of war, foreign invasion, or other great public calamity, on petition of a majority of the property owners, in number and value, within the limits of such corporation, the public authorities, in their discretion, may incur obligations necessary for the public protection and defense to such an amount as may be requested in such petition. [Amendment, in lieu of four old sections. Adopted March 14, 1881.]

Cities indebted to the amount allowed by this article, can not issue orders on their treasuries for current expenses when there are no funds which can be applied in payment of such orders. Sackett v. New Albany, 88 Ind. 473.

Municipal corporations may contract for articles to be supplied in the future, to be paid for out of current revenues, although the corporation is indebted to the constitutional limit at the time of making the contract. Valparaiso v. Gardner, 97 Ind. 1.

Municipal corporations may issue bonds to refund indebtedness of the corporation existing when this article was adopted. Powell v. Madison, 107 Ind. 106.

This article does not prohibit cities indebted to the amount of the constitutional limit from contracting to pay a sum for services in contesting or compromising such indebtedness. Logansport v. Dykeman, 116 Ind. 15.

Bonds issued by cities to pay for street improvements, under the act of March, 1889, do not create an indebtedness of the city within the meaning of this article. Quill v. Indianapolis, 124 Ind. 292.

Indebtedness created by the improvement or repairs of streets do not come within this article. New Albany v. McCulloch, 127 Ind. 500.

SEC.

221. State boundaries.

ARTICLE 14.-BOUNDARIES.

SEC.

222. Jurisdictions.

221. (221.) State boundaries.-1. In order that the boundaries of the state may be known and established, it is hereby ordained and declared that the state of Indiana is bounded on the east by the meridian line which forms the western boundary of the state of Ohio; on the south, by the Ohio river, from the mouth of the Great Miami river to the mouth of the Wabash river; on the west, by a line drawn along the middle of the Wabash river, from its mouth to a point where a due north line, drawn from the town of Vincennes, would last touch the northwestern shore of said Wabash river; and thence by a due north line, until the same shall intersect an east and west line drawn through a point ten miles north of the southern extreme of Lake Michigan; on the north, by said east and west line, until the same shall intersect the first mentioned meridian line which forms the western boundary of the state of Ohio.

Low-water mark on the north side of the Ohio river is the southern boundary of the state. Welsh v. State, 126 Ind. 71.

222. (222.) Jurisdictions.-2. The state of Indiana shall possess jurisdiction and sovereignty co-extensive with the boundaries declared in the preceding section; and shall have concurrent jurisdiction, in civil and criminal cases, with the state of Kentucky, on the Ohio river, and with the state of Illinois, on the Wabash river, so far as said rivers form the common boundary between this state and said states respectively.

This state possesses concurrent jurisdiction with the state of Kentucky on the Ohio river where the same constitutes the boundary line of the two states. Sherlock v. Alling, 44 Ind. 184; Welsh v. State, 126 Ind. 71.

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223. (223.) Official appointments.-1. All officers whose appoint

ments are not otherwise provided for in this constitution shall be chosen in such manner as now is, or hereafter may be, prescribed by law.

The legislature has no power to appoint local municipal officers. State, ex rel., v. Denny, 118 Ind. 382.

The legislature may select agents or officers to control the benevolent institutions of the state. Hovey v. State, ex rel., 119 Ind. 395.

The legislature can not appoint an inspector of mineral oils, a chief of the bureau of statistics, nor a mine inspector. State, ex rel., v. Hyde, 121 Ind. 20; State, ex rel., v. Peelle, 121 Ind. 495; State, ex rel., v. Gorby, 122 Ind. 17.

The legislature may authorize a state officer to appoint a state inspector of oils. State, ex rel., v. Hyde, 129 Ind. 296.

224. (224.) Duration of office.-2. When the duration of any of fice is not provided for by this constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment. But the general assembly shall not create any office the tenure of which shall be longer than four years.

This provision does not apply to cases where an office is created but no tenure is fixed. Clem v. State, 33 Ind. 418.

This provision can not be construed so as to prevent an officer from holding over until his successor is elected and qualified. State, ex rel., v. Harrison, 113 Ind. 434.

225. (225.) Holding over.-3. Whenever it is provided in this constitution, or in any law which may be hereafter passed, that any officer, other than a member of the general assembly, shall hold his office for any given term, the same shall be construed to mean that such officer shall hold his office for such term and until his successor shall have been elected and qualified.

Directors of the state prison hold their offices until their successors are elected and qualified. Baker v. Kirk, 33 Ind. 517.

The term of an officer ends when his successor qualifies whether he actually assumes the duties of the office or not. Steinback v. State, ex rel., 38 Ind. 483.

If an officer qualifies and dies before his term begins, the incumbent of the office can not hold over. State, ex rel., v. Bemenderfer, 96 Ind. 374.

If a person has held an office for the time that one person can successively hold under the constitution, he can not hold over at the end of such time. Gosman v. State, ex rel., 106 Ind. 203. See State, ex rel., v. Bogard, 128 Ind. 480.

This provision applies to officers elected by the legislature as well as to those elected by the people. State, ex rel., v. Harrison, 113 Ind. 434.

If a person elected to an office dies before qualifying, the office does not become vacant, and the incumbent will hold over. Kimberlin v. State, ex rel., 130 Ind. 120. A township trustee will hold over until his successor is elected and qualified, although such trustee might not be eligible to hold another term by election. State, ez rel., v. Bogard, 128 Ind. 480.

226. (226.) Official oath.-4. Every person elected or appointed to any office under this constitution shall, before entering on the duties thereof, take an oath or affirmation to support the constitution of this state and of the United States, and also an oath of office.

227. (227.) State seal.-5. There shall be a seal of state, kept by the governor for official purposes, which shall be called the Seal of the State of Indiana.

228. (228.) Commissions.-6. All commissions shall issue in the name of the state, shall be signed by the governor, sealed by the state seal and attested by the secretary of state.

229. (229.) Area of county.-7. No county shall be reduced to an area less than four hundred square miles; nor shall any county under that area be further reduced.

230. (230.) Lotteries prohibited.-8. No lottery shall be authorized, nor shall the sale of lottery tickets be allowed.

This provision is in restraint of legislative power to authorize lotteries within the state, or the sale of tickets in the state in schemes organized without the state. Riggs v. Adams, 12 Ind. 199.

This provision abrogated the right granted by the legislature of 1807 to the Vincennes University to operate a lottery, overruling Kellum v. State, 66 Ind. 588; State v. Woodward, 89 Ind. 110.

231. (231.) Public grounds.-9. The following grounds owned by the state, in Indianapolis, namely, The State House Square, the Governor's Circle, and so much of out-lot numbered one hundred and forty-seven as lies north of the arm of the Central canal, shall not be sold or leased.

232. (232.) Tippecanoe Battle Ground.-10. It shall be the duty of the general assembly to provide for the permanent inclosure and preservation of the Tippecanoe Battle Ground.

SEC.

233. How made.

ARTICLE 16.-AMENDMENTS.

SEC.

234. Separate vote.

233. (233.) How made.-1. Any amendment or amendments to this constitution may be proposed in either branch of the general assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered on their journals, and referred to the general assembly to be chosen at the next general election; and if, in the general assembly so next chosen, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the general assembly to submit such amendment or amendments to the electors of the state; and if a majority of said electors shall ratify the same, such amendment or amendments shall become a part of this constitution.

A proposed amendment to the constitution, in order to be adopted, should be ratified by a majority of the electors of the state voting at the election for the ratification of such amendment. State v. Swift, 69 Ind. 505.

234. (234.) Separate vote.-2. If two or more amendments shall be submitted at the same time, they shall be submitted in such man

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