(7) Grants and charters to be subject to the will of the legislature, with the ab

solute right of appeal by the state. This section placed in the constitution a provision that had been in the statutes since 1856, but which had been waived frequently.

(8) Tax rate limits. Unjust local taxation and the increased indebtedness of counties and cities resulted in this restriction.

(9) Number of grand jurors reduced from 16 to 12 members. This represented a savings to the state of $17,500 per annum without impairing "the efficiency of the body of the administration of justice."

(10) Uniform system of courts. The number and kinds of courts differed among counties. The Address advocated a uniformity of kinds of courts and retained the one court of last resort, the Court of Appeals.

(11) Prohibit working of convicts outside the penitentiary. This was included "in obediency to an almost unanimous public sentiment." (The fourth amendment to this constitution, passed in 1915, authorized prisoners to work on roads.)

(12) The Railroad Commissioners established as constitutional officers. This provision was made to "give more stability and consequently more efficiency'' to the Railroad Commission, thus, making it more independent and "more fearless in the guardianship of public interest.'' '

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Other restrictions in the constitution can be explained in the light of the times they were written. For instance, the restriction of one term for sheriffs and state officials was a result of the sudden departure of James W. Tate, known as "Honest Dick Tate," the state Treasurer who left the state in 1888, during his ninth term of office, with all the money in the in the treasury-$247,028.50. The limitation of salaries of public officials at $5,000 a year resulted from the fact that officials in some counties pocketed as much as $30,000 a year in fees. Besides, $5,000 in 1891 was a good salary. The restriction of $500,000 on state indebtedness, without a vote of the people, was not unreasonable at that time when money was scarce and when the state's credit was so bad after "Honest Dick's'' departure. "

The constitution was on the ballot for ratification in November 1891. There was opposition to its adoption. Marse Henry Watterson, editor of The Courier-Journal, in his argument against adoption stated that the new constitution was "confusion worse confounded." He predicted many complications arising from it.' An article entitled "Kentucky Topics'' urged farmers to vote against the new constitution stating that it

would mean higher taxes and make necessary an extra session of the legislature at a cost of $60,000. The article further stated: "It has been made unwisely, it is full of stupendous blunders, it will do no good to any but two classes-increase the number of offices and increase litigation and enrich the lawyers.' "The leading delegates in the convention from both parties spoke vigorously in favor of the adoption, as did both candidates running for governor in the 1891 election. The people were ready to do something to prevent past abuses, so the fourth constitution was approved by a vote of 213,432 for and 74,017 against.

After the constitution was adopted, the convention met again and made changes. This revised document was not voted on by the people. A suit was filed challenging its validity as the constitution of Kentucky, but the Court of Appeals ruled in Miller v. Johnson (1892) that it was indeed valid. This was the beginning of court interpretation involving the 1891 constitution.

It was necessary in 1892 for the General Assembly to meet and bring the statutes into conformance with the new constitution. This session is referred to as the "Long Session," for it lasted 18 months. Since the constitution was so detailed and restrictive, the conforming process was difficult.

Amending the Constitution

In 1896 the first amendment was proposed by the General Assembly, and in 1897 the voters rejected this amendment which would have permitted cities to levy taxes based on income, licenses, or franchises. An amendment passed in 1903 gave cities the power to levy such taxes in lieu of ad valorem taxes (property taxes). The second amendment adopted was to permit state aid for county roads in 1909. Through 1976, the General Assembly has proposed 53 amendments to the 1891 constitution. Of these 53 amendments, four were not properly published before the election so were rejected on this technicality. The voters, therefore, have expressed themselves 49 times on amending the Constitution-approving 22 and rejecting 27.

These amendments have not concerned 49 different subjects, however. Five times the voters have rejected changing the number of amendments which can be submitted to the voters at one time-1929, 1937, 1951, 1957, 1963. Six times the people have voted on salary limitations for public officials, defeating the removal of limitation five times and approving, in 1949, the raising of salaries to specified figures. An amendment providing for annual sessions of the legislature has been defeated twice-1969, 1973. An amendment to permit sheriffs to succeed themselves has been defeated twice-1959, 1973.

Requirements for voting have been the subject of four amendments—three defeated and one approved. Kentuckians have been so reluctant to change voting re

quirements that in 1923 the voters rejected a constitutional amendment permitting women to vote although such an amendment to the U. S. Constitution had become effective in 1920. Finally, in 1955 the word "male" was taken from the constitutional qualifications for voting, and the voting age was lowered to 18. Further amendments relating to voting include one permitting absentee voting which was first rejected in 1927 and then approved in 1945. An amendment to permit the use of voting machines passed in 1941, the first time it was submitted.

Prohibition accounts for two approved amendments-one to establish pro

hibition in 1919 and one to repeal prohibition in 1935.

Efforts to make the superintendent of public instruction an appointive position have failed four times-1921, 1953, 1957, 1973. Distribution of school funds on a per capita basis has been the essence of three approved amendments. In 1941, an amendment was approved allowing ten percent of the appropriated money to be spent on other than a per capita basis. In 1949, 25 percent was approved for equalization purposes, and in 1953 the constitutional requirement for per capita distribution of school funds was repealed. This allowed the Minimum Foundation Program, which distributes state funds on the basis of need, to have great impact on education throughout Kentucky.

A close look at the approval and rejection of amendments indicates that Kentuckians have rejected efforts to remove or lessen the restraints on public officials and the General Assembly which the 1890-1891 delegates felt were needed. They have passed amendments which would provide exemptions from taxation. In fact, an amendment exempting all real estate and tangible property from ad valorem taxation was narrowly defeated in 1933. The Homestead Exemption for persons 65 and over passed in 1971, the first time it was submitted to the voters, and was expanded by another amendment passed in 1975. Six of the approved amendments have related to taxation of personal or real property.

The greatest change made in the Constitution since it was adopted in 1891 was the restructuring of courts by the Judicial Article passed in 1975. This one amendment affected 33 Sections of the Constitution. A restructuring of the courts had been advocated by the Constitution Revision Commission, 1950-1955, and the Constitution Revision Assembly, 1964-1966, but it had not been submitted to the voters as a single amendment until 1975. To the surprise of many Kentuckians, it was approved by a margin of 215,419 for and 180,124 against.

Attempts for a Constitutional Convention

Section 258 of the Constitution provides for calling a constitutional convention. The General Assembly, in two consecutive sessions, must enact a law to take a sense of the people on calling a convention. The people then vote on the call at the next

general election for state officers. Kentuckians have voted on such a call three times since 1891-1931, 1947, 1960-and rejected the convention call each time. The margin of rejection has been smaller each time, with the vote in 1960 being 342,501 against and 324,777 for.

There was little public interest in the call for a constitutional convention in 1931. The interest that did exist became active only weeks before the election. The Kentucky Constitution League urged lawyers to organize to work for calling the convention, but this was done only a month before the election. The voting resulted in a defeat of the call by a margin of 97,788 to 28,204, with only 16 percent of the voters casting a vote on this issue

There was considerable activity prior to the 1947 vote on the convention. Both sides of the issue were organized. The Campaign for a Kentucky Constitutional Convention was composed of many civic, professional and political leaders of the state, and its efforts were backed by organizations such as the Kentucky League of Women Voters, the Junior Chamber of Commerce, the Kentucky Education Association and others. The opposition formed the Committee of 1,000 to Oppose a Constitutional Convention with Edward C. O'Rear, former judge of the Court of Appeals, as chairman. Other prominent Kentuckians joined this group, including two former Kentucky attorneys general and a judge. There was also a gubernatorial election in 1947, and both candidates were on record favoring the convention. At the last minute, however, both men withdrew the proposal from their slates and let the question stand on its own The call was defeated by 191,876 to 144,692, but the percentage voting on the question increased to 50 percent.

In 1960 Governor Bert Combs favored the call and was active in his support. Committees were formed, pamphlets were printed by a number of organizations, speeches were made and public officials took a position for or against. After a vigorous campaign, the call was defeated by the slim margin of 18,000 votes with 60 percent of the voters voting on the call.

Constitutional Commissions

There has been other activity promoting constitutional revision. Governor Earle C. Clements, on February 1, 1949, created by Executive Order the Constitution Review Commission, composed of seven members appointed by the governor. This commission was directed to study the Constitution and report its recommendations to the governor and the 1950 General Assembly.

The Constitution Review Commission, established by statute in 1950, recommended that the limit on the number of constitutional amendments be removed. The 1950 General Assembly approved this proposal, but the voters rejected the amendment in November 1951.

The Constitution Review Commission recommended to the 1952 General Assembly that Section 135 be amended to permit the establishment of specialized courts, such as juvenile, domestic and traffic. It was further recommended that several sections pertaining to state officers be amended to permit the governor to exercise his powers as governor when absent from the state and to reduce the number of elective state officers. The General Assembly, however, approved only that part of the recommended amendment which reduced the number of elective state officers. In addition, the General Assembly proposed an amendment that repealed Section 186 which required the per capita distribution of school funds. There was strong organized support for the repeal of Section 186, and no organized support or opposition for the amendment on elective state officers. The voters approved the first and rejected the second in November 1953.

The Constitution Review Commission recommendations to the General Assembly in 1954 and 1956 were not approved by either session to be placed on the ballot. None of the seven proposals for revision by the Constitution Review Commission became a part of the constitution.

The 1956 General Assembly abolished the Constitution Review Commission and transferred its functions to the Legislative Research Commission.

The 1960 General Assembly, in anticipation of the vote on the call for a convention in November 1960, created the Constitution Revision Committee which was designed to aid the convention if the call were approved. After the convention call was defeated, the 1962 General Assembly increased the membership of the Constitution Revision Committee and directed it to report its recommendations for revision to the General Assembly.

The Constitution Review Committee was changed to the Constitution Revision Assembly in 1964. This body of 50 members included all the former governors and 43 members appointed by a committee of the governor, lieutenant governor, speaker of the House of Representatives and chief justice of the Court of Appeals.

With the voter sentiment for constitutional revision in 1960 the highest it had ever been, Governor Breathitt and the above named committee in 1964 appointed the Constitution Revision Assembly, which included the seven former governors, former U. S. senators and congressmen, former judges of the Court of Appeals and other leading citizens of the Commonwealth. In addition, a staff was employed who had expertise in the areas to be studied. The activities of the assembly were followed by the media; the proposed changes were published; and finally, the proposed revision was submitted to the 1966 General Assembly.