Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-09-04

the Supreme Court, that has been. On
is to be made, as is alleged, touching
the tonstitutionality Of the law OF
1865, which attempts to regulate the
commencement of the term OF County
officers. tbs intiinated that SUI
preme Court has decided, or win de-
eide, that the law of 1855 is constitu-
tional; and that a new election OF
county Treasurers, Sheriffs &c, will
be necessary. OF course we know
nothing of any such decision past on
prospective. We have a pretty dis
tinctrecollection that Judge Morrison,
who was acting as Attorney General
at the time the law was published
decided that it was unconstitutional.
and that the Bar fully coneurred in
the correctness of has decision. as far
as we heard any expression of their
opinion. Weknow furthermore. that
Judge Downey decided that the law
of 1855 could not cut off part of the
term Of the Clerk of Switzerland coun.
ty, nor add TO it, and that the law. 80
far as it related TO Clerks, was uneon-
'stitutionala We take it for granted
therefore, that the Supreme Court has
not and will not do any such foolish
thing as to decide,thatthe Legislature
has the power To enlarge or diminish
the terms of officers, swhose duration
is fixed by the constitution. If the
Legislature can extend the term af am
officer three months, it may extend il
three years, and if three years, then
may it not beextended forlifc. or du-
ring good behavior. The End Sect
ion of the 9th article of the Constitn
ton provides that tthe treasurer,
sheriff, coroner, and surveyor, shall
continue in office two years; and no
persons shall be eligible to the Office
Of treasurer or sheriff more than four
years in any period of six years. -
The Bird Section of the 18th article
provides that such officers shall hold
their Office for such term. and until
their successors shall have been select
ed and qualified. The tenth Section
of the Schedule provides that every
person elected by popular vote, and
in Office, or who should be elected be-
fore the taking effect of the constitu-
ton, shall continue in Office until the
term for which such persons has been.
or may be, selected shall expire. The
18th Sec. of the Schedule provides
that all vacancies that may occur in
existing officers, prior to the first
general election under the new con-
stitution, shall be filed in the manner
prescribed by law. The End Section
of the 9th article Of the constitution
declares that there shall be elected
in each county, by the voters thereof,
at the time of holding general elect
ions, a Clerk of the circuit court. au-
ditors, recorder, treasurer, sheriff,
coroner and surveyor. Add to these
provisions the fact that the law has
always required Clerks to certify to
the Sheriffs the officers in which va
cancies will occus before the general
election succeeding the one to be held
in any particular year, and past es-
innate may be formed of the eonstitu-
tionality of the law of 1885. The last
named act undertakes to accomplish
an impossibility--to make the COM
mencement of the terms of county Of
ficers uniform, on the first Monday of
November. r Hs s.ta
The phraseology of the law is Pc
culiarl After fixing the time of the
commencement Of the terms Of the
sheriff, treasurer, coroner, auditor,
recorder, clerk, surveyor and county
commissioners, it says chat any OF
the above named officers to be elected
hereafter shall hold their office until
the first Monday in November afore-
said, according to their respective
terms. If the law could operate at
all, it would not operate on the per-
sons who were in Office at the time Of
its passage, but upon. the. officers cleo
ted thereafter. But it cannot consti-
tutionally operate on either. 1t is
simply an absurdity to assert that
the Legislature can alter term of
Office. Take the case Of clerk, or
recorder, whose term may commence
in February, can the Legislature add
nine months to his term, or cut off
three months Of it, under the act Of
1855, TO make il commence on the
first Monday in November? The SUI
preme Court will decide no such abb
surd principle. If the law could OPP
crate at all as before stated, it would
not affect officers always in office.
The provision of the constitution
permitting officers to hold until their
successors shall be elected and quail
fed, does not bear upon the question
at Issue. That is u necessary provis-
ion, TO cover contingencies. II was
necessary in 1852, when the regular
time of the annual election was
postponed by the new constitution,
from August till October. Sheriffs,
coroners, &C., would have gone out of
office without such a provision. But
there was no such difficulty about the
treasurer in this county. lie was
regularly elected without n vacancy
by death or otherwise, since that Of
ficer was made elective by the peo-
pie. Since the adoption Of the new
constitution, the treasurer has been
elected at the October election, before
the commencement of his term in the
following August. The new consti-
tuition did not change tho time of the
commandments Of his term, and the
Legislature has no power TO do So
This is The whole question.
Whatever tho Supreme Court may
decide on a particular state Of facts
in some particular case, we are salts
fed, they have not and win not de-
eide, that Mr. Pugh, Mt present our
treasurer, who has served his full four
years under the new constitution,
must serve until the first Monday in
next November, thereby annulling
and making void the election of Mr..
Smith "a his euceaaaaf az tho aranat.a1