The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1891-04-01
The ELECTION LAW.
Publications Required 1T the Approaching
Town Elections.

Town EleCtiOnS.
THE SENTINEL is asked this question:
For town election will publication have 10
be given in two leading political papers in the
county, or will pub icstion in a local paper be
sufficient? Ii the town clerk assumes the duty
OF the county clerk IN municipal elections does
not the publication 60 TO q local paper, if any
there Re?
Acknowledgement Smith says:
Sec. % Of the acts OF 1889, page los Of
what is known as the new election law makes
il the duty of the clerk OF the circuit court in
each county 10 publish in two weekly newspa-
pers printed aud published in the county no.
tees of the nominations certified 20 such clerk
by the governor and also those flied with the
clerk. And in cites where daily papers
printed aud published. such notice shall be
published therein, in addition TO the weekly
publication. The intention OF the statue is to
give the widest publication TO such notice, and
Tor that reason 1t is provided that such publ
cation shall be made IN newspapers represent
ing the two political parties casting the largest
number OF votes, when there are such newspe-
pers. But ii there are no such newspapers in
the county and other papers are printed and
published therein, the pub!icat on OF such
tice must be made in such other newspapers
regardless OF their political character; and In
such case the fact that newspaper does not
represent political party will not dispense
with the publication of the notice required by
sec. q. 4 liberal construction of the sec
ton justihes the Interpretation given, and car
ries to the conclusion that the clerk OF
your county in causing the publication
OF said notice, to be made in
the two daily newspapers OF your
city, did what the law required him to do, and
the fact that one ofsaid papers is partisan and
the other neutral in politics does not change
the rule since these were the only two daily
newspapers in your city. / am OF the opinion
that If there were but one newspaper daily
publised in city, il would be the duty OF the
clerk 10 publish that notice in IL. The provizo
TO sec y is clear on that point, and when
literally construed il means that such notice
shall be published in daily newspaper in o
city where there is such daily ,tbut in case there
two dailies in such city then the publics-
ton shall be in OOth giving preferences always
TO papers representing the political parties
casting the highest number of votes.
And for the purpose Of this inquiry the at
torney.general adds the following to h above
opinion:
1t is provided by sec 65 Of said act that when
any town or city shall hold election at any
time other than a time OF general election,
such election shall ne held in conformity with
the provisions of this act, except the duties
herein required OF the county clerk shall be
performed by the city clerk. The duties re-
quired by the b. ard of county commissioners
shall be performed by the town trustees or
city council. The duties of the sheriff shall be
performed by the town marshal or chief of po-
lice and the right of nomination OF election
officers by political parties shall be exercised
by the chairman OF the town or city committees
of such parties, II any there be. Town end city
officers are required to perform the various du-
stead they act, and subject 10 the same penalty
and provisions are prescribed as 10 such
county officers. See act 1889, page l85.
a. 6. SMITH.