This is an original action asking for writs of prohibition and mandate against the respondent court resulting from two orders made by that court. The first was an order requiring the members of the County Council and members of the Board of Commissioners of LaPorte County, relators herein, to provide the respondent court with suitable court facilities in the court house in the City of LaPorte, being the county seat of LaPorte County, Indiana. The court also issued an order citing the respondents to show cause why they should not comply with such order.
The respondent court (LaPorte Superior Court No. 2) was created by Acts 1965, ch. 380, p. 1174, being Burns’ Ind. Stat. Anno. §§ 4-1231 — 4-1240. The Act creating the LaPorte Superior Court No. 2 provided therein that it shall be located “in a place to be determined by the County Council of LaPorte County, Indiana.” The Act also had an emergency clause making it effective on and after July 1, 1965.
At the time of the creation of the LaPorte Superior Court No. 2 there was a circuit court located in the City of LaPorte at the county court house, and the LaPorte Superior Court, which was located in Michigan City, Indiana in a building known also as the court house.
Controversy arose among the citizens of that county as to where the new Superior Court No. 2 should be located. On April 24, 1965, the LaPorte County Council made the following record in its minutes:
“Motion was made by Stanley Lauer, seconded by David Novak to establish Superior Court #2, in Michigan City. A vote was then taken as follows:
LaPorte Michigan City
1111 111
*154“After the secret ballot the decision of the County Council is that the Second Superior Court will be in LaPorte.”
On July 25, 1966, the following minutes appear in the County Council’s record:
“David Novak made a motion that due to a technical error in the determination of a motion at the Council meeting on April 24, 1965, the decision to locate Superior Court #2 was not definitely established and now moves that LaPorte County Superior Court #2 be placed in the Court House in the City of Michigan City, Indiana. Motion seconded by Sigurd Peterson. Four (4) yeas-one (1) abstaining (Gust Diesslin) — Vernon Alt absent at this time. The motion, having receiving majority votes, has been passed and approved.”
On December 27, 1966, we find in the minutes of the County Council of LaPorte County the following:
“WHEREAS, on the 4th day of April, 1965, prior to the effective date of said Act, a motion was submitted to establish said Superior Court No. 2 in Michigan City, which said motion failed; and
“WHEREAS, no motion or Resolution was presented or submitted to the Council establishing the Courthouse at LaPorte, Indiana, as the place for the holding of the sessions of said Superior Court; and
“WHEREAS, on the 25th day of July, 1966 a motion was submitted to locate said Superior Court No. 2 in the Court House in Michigan City, Indiana, and was passed.
“NOW THEREFORE, BE IT RESOLVED: that the LaPorte Superior Court No. 2 shall hold and conduct its sessions in the County Court House in Michigan City, Indiana, where suitable and convenient facilities for housing of said Court shall be provided by the Board of County Commissioners of LaPorte County, Indiana; that a copy of this Resolution be erased to be delivered to the Board of County Commissioners forthwith by the Secretary of this Council.”
The record shows “Motion unanimously carried there being no dissenting vote.”
*155The position of the County Council as to the location of Superior Court No. 2 at Michigan City was reaffirmed by an order again on April 24, 1967.
This Court, pursuant to the application of the relators herein, issued alternative writs against the respondent, Superior Court No. 2, from enforcing its order which, in substance, attempts to locate the court at LaPorte, Indiana.
The response of the respondent court herein is that the County Council effectively exercised the powers delegated to it to fix the location of Superior Court No. 2 at its meeting of April 24, 1965, and that it could not thereafter change its mind or relocate the court; that it was given a designated power which, once exercised, was no longer available. Finally, it is contended, we think without question, that the respondent court has inherent power and the duty to secure for itself adequate and suitable quarters for the performance of its judicial function, if the same is not provided by the county commissioners. Carlson v. State ex rel. Stodola (1966), 247 Ind. 631, 220 N. E. 2d 532.
On the other hand, the contentions of the relators are that the meeting of April 24, 1965, of the County Council was not effective in finally making any decision as to the location of the court. The motion before the County Council at the time was merely a question as to whether or not Superior Court No. 2 should be located in Michigan City — not whether as an alternative it should be located in LaPorte or some other city. The motion as made, did not comprehend such a choice.
It is further argued that the vote was merely a negative vote against Michigan City at the most, and that the secretary preparing the minutes had no authority to show an alternative vote for LaPorte, since no motion was before the Council for that purpose.
It is further argued that the yea vote, even though it is listed under a vote for LaPorte, necessarily had to be in *156favor of the motion which would have been for Michigan City on the resolution as put to the Council. Be that as it may, the action of the Council on April 24, 1965, is certainly indefinite and ambiguous, and at least it can be said that there was no motion before the Council to fix the location of the Superior Court in the City of LaPorte.
It is further argued that the vote on April 24, 1965, was by secret ballot, in violation of Hughes’ Anti-Secrecy Act (Acts 1953, ch. 115, § 1, p. 427, being Burns’ Ind. Stat. Anno. §§57-601 — 57-606). This Act mandates that all public proceedings shall be open to citizens of this state, etc., and “public proceedings” are defined, in our opinion, as covering the voting and balloting upon public issues before such Council.
Finally, the contention is made by the relators that the court did not come into existence until July 1, 1965, and therefore any action of the Council, pursuant to the legislation creating the court, was ineffective, since they had no jurisdiction to act prior to the effective date of the Act. We pass over this contention, since we feel it is unnecessary for us to venture into such a legal thicket. In view of the ambiguities in the action of the County Council on April 24, 1965, we are inclined to accept the relators’ view that the County Council had a duty to
clarify and make more certain and definite its action at that time. The Council assumed this duty on July 25, 1966, when it acknowledged in its minutes “a technical error” in the meeting of April 24, 1965, and then recorded the open votes of the members of the County Council that the Superior Court be located in Michigan City, Indiana, and certified the same to the County Commissioners for appropriations accordingly.
In taking this position, we are accepting (as we think we should) the interpretation which the County Council of LaPorte County has taken in clarifying its original indefinite *157and uncertain actions of April 24, 1965. Who but the Council is best able to determine the meaning of its actions?
There is no question that a County Council has a right to correct the minutes of its council meetings and make nunc pro tunc entries where errors have occurred by the secretary in properly recording the same. Modifications and amendments may be made where no intervening vested rights are involved. No private vested rights are here involved, and the County Council is at liberty and even has the duty to correct its own records or clarify them. Wagner v. State (1910), 173 Ind. 603; Welch et al. v. Bowen (1885), 103 Ind. 252; Chamberlin v. The City of Evansville (1881), 77 Ind. 542; Logansport v. Crockett (1878), 64 Ind. 319.
No contention is made in the respondent’s return that there has been an “acquiescence” by the County Council in fixing the situs of the Superior Court No. 2 in the City of LaPorte, by reason of certain appropriations for the repair of the county court house in LaPorte. This point is not raised nor argued in any brief filed by the respondent. Suffice it to say that we question that a special power granted by an act of the Legislature to the County Council to fix the situs of a court can be exercised other than by a duly entered order of record of the County Council and not by such informal and uncertain acts as acquiescence.
We find that the County Council of LaPorte County has expressed itself and made its meaning clear pursuant to the Acts of 1965, ch. 380, p. 1174; that accordingly the LaPorte Superior Court No. 2 should be located at Michigan City, Indiana, pursuant to that act.
Relators’ petition is granted and the writs heretofore issued are made permanent and absolute.
Hunter, C. J. and Mote, J., concur.
Jackson, J., dissents with opinion, in which Lewis, J., concurs.