The Richmond Indiana palladium. [volume] (Richmond, Ind.) 1854-1855, 1855-08-23
CIRCEIAR
OFEICE OF ATroRsET GENERA
Indianapolis. l5-h Aug. iS5.

Ia4sarrOolst. l5-h Aug, 1898
Since n circular OF the 2S,h Of July.
have been repeatedly and urgently asked gu
express an opinion in regard 70 the Droriso 70
tie / 1th section Of the Schedule 10 the con
sti'ution; which provides tina. person then
in office. dc shall continue IN such office al
ter the taking effect OF the con>titu ion. for
longer period than the term OF such office pre-
scrbed in tie constitution. which means Ihag
a clerk OF circuit Court, or a recorder. cleo
ted for seven wears under the late con>si.u lion,
shall hold but four years.
4 number Of those officers are inclined 10
test the que .ton OF their right TO hold for the
term for which they were elec;e ; bu; they
generally express = willingness to be guided
By my opinion: and they desire l. now, De
cause. notices of the offices TO be tiled at the
approaching general ,lectlon mus. soon be
given. and poll books prepared.
Under these circumstances | would be Z lad
to satisfy them: but | regret 10 b. obliged 10
say, have no settled opinion on the subject.
| lind no authoritive decisions that meet The
point: and considering the question open
Que. and Yet wishing 10 relieve the officers
having pending duiies to discharge. from a
| perplexing responsibility. | would suggest 10
them the following Course Of action:
/ Lei notices OF elections be < Ven as il the
proviSo were unqaestioned The notice can
not, think be any evidence of either res.
nation, OF waiver Of the claim 10 hold the
Office; and any clerk intending to try the qaes
sian mi rht state the intention in the notice.
Should the incumbent hol OVER. the claimant
OF the office would OF course institute proceed
IngS 10 Gust him.
The question is, whether office is IN the
nature of a contract between the S.a;e and The
incumbent and as such projected by III,
clause of the Constitution OF the nl;ed
States. iuhibitins the States from passing laws
impairing the obligation OF contracts
Tha. clause has been much discussed ana
extensively applied. 1t has been held TO ap
ply to grants from State to an individual
to charters to corporations: and 10 laws for
bidding Interference with the enjoyment o
the things granted. Bat there are importan
qualifications 10 the general rule: and Their,
are powers Of government 1t could not have
been intended 70 take away by this consti,u
tional provision. Was it inten led TO apply &c
laws that might be enacted IN regard to III.
discharge OF public duties; to the possess
ion or exercise of public rights: to the en-
loyment Of public offices; or 10 the change
IN any Of these, tina. the legislature Of a ; ate
or a f,ortior, the people OF State in thel
sovereign character, mis hi At any time deem
expedient?
II public officers public agents, may no
the agency be revoked modified AT III,
pleasure OF the principal?
Allowing due weight to all that may b,
reasonably urged ssains, the proviso, As inva
ding vested rights, | incline to the opinion
thai tie Courts viii sustain l..
For answer 10 Probate Judges. Count,
Commissioners, and some others, | woul,
state. that the late decision of the Suprem
Court only applies to cases where the term Q
the ogi.e Is fred by the Constitution. and there
fore think the 7.h section of the act touching
vacancies III the office, &c, Is operative
W here the term is no. thus fixed
j. MORRISON.