Omaha daily bee., 1891-04-16
NEWS FROM COUNCIL BLUFFS.
Justice Patton's Resignation Still a Sub
ject Of Public Discussion.
WHO SHALL RECEIVE IT THE QUESTION.
Township Cniccrs Hunt Up the Law
on the Subj tCt-Hell Have
to Resign Once
More.

In connection with the resignation Of JUS
tico Patton and the agitation Of the subject
OF a successor, the point is raised by certain
attorneys that there is in reality no vacancy
at all at present and therefore the township
trustees will be relieved of the trouble of fill
ing one. 1t is claimed that Patton was never
elected TO the Office in the first place, on ac-
count of the provisions of the law that regu-
latcs the election of justices. This law fixes
the number OF justices in any township at
two, but any township that includes in its
limits an Incorporated town or city may elect
not TO exceed two others, provided the trus-
tees post notices at three of the
most prominent places in the township.
The ground for the claim that Patton
was not elected is that the notices were not
posted according to law, by the trustees If
this view of the case is the correct one it fol-
lows that at the last election Hammer and
Cones were elected, but Patton was not, the
vote being as follows Hammer, 2,l06; Cones,
l,945; Patton, l,Si2.
j. f. Lutz, clerk of the township, was
asked yesterday what the facts were as to
this matter of the posting OF the notices. He
said that the notices were properly posted,
one in front of the government building, an
other at the corner of Main and Broadway.
and third In the country. He said that
the legality of Patton's election was beyond
question.
While the question was undecided It made
quite Hurry of excitement among the at
torneys. Some of them saw where there was
an opportunity of throwing a large ioo-lot of
cases out Of court entirely, which had been
decided adversely to them by a justice who
had never properly been the owner of his
title Their Joy was short lived,
however. for those who looked
the matter to any great extent
discovered that the last legislature had
| passed law to tit just such cases. In
number of townships throughout the state
| the extra justices have been elected without
| going to the trouble of posting notices, On
| cept for the first election after the increase
| had been made in the number The law
| which was passed by the legislature pro-
| vided that all the acts of jnstices who had
| been thus elected should be legal as though
| the notices had been posted. This settles the
| question of the legality of Patton's official
| acts, but does not decide whether or not he
was really justice of the peace, This ques
| tion, together with the one whether there is
vacancy TO be filed will be settled by the
| trustees at some time in the future.
After Patton had handed in his resigna-
| tion to the township trustees, it was found
| that the statutes were a triiie ambiguous on
| the subject of whether the resignation should
| go to the trustees or to the board of super
| visOrS. There was no desire to have any
| hitch in the proceedings on account of any
| uncertainty, and so it was decided to request
| Patton to make out another resignation tor
! the board. This was done, and yesterday
afternoon the second resignation was handed
| in, and the thing was clinched.
so pieces curtain scrim at the Boston Store,
| Council Bluffs, for &c yard.
Best cured, odoress, hand-picked live
Or a BOSTON