The Indianapolis journal., 1885-06-19
COUNTY COMMISSIONERS.
Decision by Judge Hord Constituting the Laa1
as to the Time They Take Office.
Special to the IndlanapolI, JournaI.

Special to the Indianapolis Journal.
SHELBYvILLE, June lS--This morning Judgt
Hord decided the case OF George Cuscaden vs.
Henry Barlow, quo warranto proceeding t
test the question as to which was now entitled
to act as commissioner for the Third district of
Shelby nlSs2 Barlow was elected the Re
publican commissioner for the term OF three years,
and took his seat in the following December.
In 1884 Cuscaden was elected as Barlows sue
cessor, and now claims his seat under a statute
passed by the last Legislature March 7, 1886
The question is liable to be raised in every coun.I
ty in the State, and is very important Thel
opinion of Judge Hord is as follows:
1.-THE question in this cause arises upon the
construction of act of the General Assembly ap-
proved March z. 1885. tActs of 1885, p. So By
the complaint effort is made to oust the
defendant as a member of the board of commits
sioners upon the theory that George Cuscaden
is the lawful member of the board In place
of the defendant and that defendant is an
intruder in the office that lawfully belongs to
Cuscaden. 1t is insisted that, calculating
the term of Office under this
sct of the predecessor of Barlow,
his term of Office terminated on the first
Monday. of last December, and the term of Office
OF Cuscaden would be calculated from that date
Under the statute in force at the date of Bar
lows election his term of Office would terminate
in the fall of 1885, and Cuscaden. who was elect
ed In the fall of 1884. would be his successor
Some few propositions appear to be the clearly
declared intention of the Legislatures:
Il. The terms of Office of county commission
ers shall be three years.
-. The term shall begin on the first MONDAY
in December.
'3. The term of offce Of no two iistricttin
the same county shall begin the same year.
LAS to the residue of this statute the crti-
cisms of the late Judge Petit, of the Wayne G--
cult Court transcript, would apply with much
force. The only question / am called upon to
decide is, when under the facts stated sholiA the
term OF Office of Cuscaden begin in the light
OF the facts pleaded constituting this
statute. If the statute under consideration is
prospective in its operation, the term would be-
gin December, 1885. Ii retrospective, as claimed
begin December 1854, some two months before
the act went into effect 1t is familiar rule Of
law that the courts must give statutes prospect-
i've operation where there is nothing indicat.ng
a different intention on the part of the Legis-
latura. The statute under con sidera-
tion declares that the term of Office
shall begin on the first Monday in
December thus emphasizing the general rule of
construction and find nothing in this statute
that would give retrospective operation.
Without discussing the arbitrary command in
this statute the term shall begin etc. am Of
the opinion that In the absence of any apparant
intention that the statute shall have a retro
spective operation. that | am logically forced to
the conclusion that the term of the commissions
er-elect shall begin in December, 1885, Hence
the demurrer to the complaint must be sls-
tanned"