Marshall County Democrat. (Plymouth, Ind.) 1855-1859, 1857-09-03
PLYMOUTH, IND.
Thursday Morning. Sept. Sd. 1851.
County Officers.

County Officers.
II will be remembered that many doubt
ed the propriety and legality of elcctiug
county Treasur and Commissioners last
fsll in consequence of \ section of law
which was enacted by the Legislature in
1856, which reads as follows:
"Be 1t enacted by the General assembly
IF the State Of Indiana, That the terms of
office Of the following named officers, to-
wit: The Sheriff, Treasurer, Coroner, Au-
ditor, Recorder. Clerk Surveyor and Coun-
~ Commissioners shall commence on the
frs. Monday of the month &c November,
immediately following the gener al October
elections, and that any of the above named
officers te be elected hereafter shall hold
their Offices until the first Monday of No
rember aforesaid, according to their re-
spective terms
This act was approved on the third Of
March, 1855.
Agencral impression prevailed that the
law was unconstitutional--henc all the
offices becoming vacant III August last ac
cording to the old las, were filled last fall.
A case in point has been appealed to the
Supreme Court, and the knowing ones
about indianapolis are of the opinion that
the Court will decide that the law is con-
stitutional. 1t is said that the decision is
written out, but not filed, and will be made
public in November. If the decision sus-
tains the law, the election in this county
last fall, for Treasurer and Commissioner
is void, that not being the proper time.
a case of this kind was decided by Judge
Petit short time since, as will be seen bv
the following:
WRIGHT s,' 1gs,e Jn,ye PETIT.
M.RkEL,
At CHAMBERS. vacation.
The defendant was elected Treasurer Of
Jasper county in October, 1862. and his
term expired August 10, 1855. and he was
again elected in October, 1854, and his
term expired August Is, 1857. if not pro-
longed by the act of the 81 of March, 1856,
p. so. The plaintiff was elected to said
Office October, 1856, was commissioned,
gave the necessary bonds and took the
proper oath. and demanded the books. pa
pers &c, of the office, which the defend
ant refused to surrender, on the ground
that the above cited continues him in of
fee until the first Of November, 1857.
This is the case made By the papers and
facts admitted.
Prayer that the defendant be compel
led to surrender. dc.
Held, FIRST. That the act above referred
ois imperative and void for uncertainty,
it not being ascertainabie from lis reading
whether the Legislature intended toshorten
or lengthen the term OF Office
Second, That it is not in the power If the
Legislature to abridge or extend the term
of an Office Fixed By the Constitution.
Third, That the term of this office is
fixed by the Constitution.
Fourth, That the plaintiff is entitled to
:he ieliefasked, audit was 50 old .red.--
The defendant apIelled TO the Supreme
Court. See Constitution of the State, art
2, see. II, art. 10, sec 9, Schedule item 8.
Ind. r. p. 157. r.. S. 1852. vel. 1. p.
499, sec. |. Same page $50, sec. !. Same,
vol. 2, p. SO. secs. 1867, and Story's Eq.
Jursp. sec. 7o5,&c.
We learn from the Miami County SEN
tinel, that their county Clerk has given no.
tice tina. a Treasurer, Sheriff, DC, were to
be elected this fall. He is a Republican
and no doubt believes that the decision Of
the Supreme Court will sustain the law
If the law is found to be constitutional, our
County Treasurer would hold over under
his first commission until November and
if no person should be elected in October
the office would have to be filled by APP
pointment, also the Office of Commissioner
in second distric! would be vacant.
We have thrown out these crude ideas
for the purpose of calling the attention OF
the democracy to tho subject. Our coun-
ty convention comes off next Saturday,
The proper course can then be decided OH.
1.-THE convention should nominate can
didates for Treasurer and Commissioner,
and elect them at the October election, the
present incumbents would hold the offices
unless the law was decided to be void
Should the democrats not run men for
these Offices, and the republicans should as
they unquestionably will. and the law
should be decided constitutional, the pres
ent Treasurer, and Commissioner for sec
ond district, would have the privilege of
stepping out the first Of November.
We urge upon the democracy to give this
subject that consideration that its impor-
lance demands. The republicans are on
the look out all the while in order to ret
some advantage. The safe way. in our
judgment, would be, to nominate men for