The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-07-11

To the Editor of the Indianapolis Journal:
. There has been much said about the "un-
constitutionality' Of the law passed by the
last Legislature. changing the time of APP
pointing county superirte ndents from June
to September, especially by Democratic
papers in urging that appointments be made
in June lin Democratic counties). owen
county went through the form Of making
the appointment, but will likely do the work
over again in September. While the act,
or the title of the act. IS said to be awk-
wardly drawn. it seems to me to be about
as well drawn as it could we'll be, consider
ing the way the act of 1865 was amended,
and will undoubtedly be held constitutional
by the Supreme Court. The title to the act
of 1895 page 20S) reads as follows:
IAN act to amend Section SO of an act en-
titled an act to provide for a general syS-
tenn of common schools. the officers thereof,
and their respective powers and duties, and
matters properly connected Herewith, and
prescribing the fees for certain officers
and regulation of township libraries. and to
repeal all laws in conflict Herewith. pro-
viding penalties therein prescribed, APP
proved March 6. 1865. and added supple
mental sections thereto. approved March s,
1878. being Section 4i24 of the Revised Stat,
utes of 1881. and declaring an emergency
The title above quoted contains all the
title of the act Of 1865 page 81, and also all
the title of the act of 1873 page 49,. amend
ing the act of 1865. except the word 'ad-
ding is changed to added" in order to
make it OF the proper tense. The act Of
1873 retained the original numbers of the
sections. and this act refers to the section
in the same way; besides, it refers to it as
Section A24 of the Revised Statutes of 1881.
showing definitely the intent of the Legisla>
ture, as the Section 4424 referred to is Sec
ton 3d. OF the act. of 1873, the original num-
hQr hpinp retained
After the title is set out to the act of
1895, as above, 1t proceeds as follows:
Ass seG15E1 Of Of the the II st enac, of f PS sne eea Taal
Section 80 Of the above entitled act, being
Section 4424 of the Revised Statutes of 1881.
lows: Section SO, ETC."
IT. the case of Bush VS.. the City of Indian
apolis reported in 40 Ind, page 400 the act
tn rein attacked as being unconstitutional
set out the title to that act, very similar to
the title here in question; but in Section !
the Revised Statutes Of 1881, and did not
mention Section 6 of the act of 1875. amend
act of 1879 and Section 5317 of the Revised
Statutes of 1881, being. treated as one and
the same thing in the title, sufficiently
showed the legislative intent.
The act of 1895 not only refers to Section
1924 of rhe Revised Statutes OF 1881, as did
the act in l2O Ind, above referred to. but IL
act being Section 442t of the Revised Stat
utes of 1881. be and the same is amended to
ferred to i'm 100 Ind. will at once convince
any fair-minded lawyer that, Under the
ruling of the court in that case, the act OF
Therefore. ii is necessary for township trus-
tees Of the several counties of this State to
appoint a county superintendent on the frs.
Monday in September, 1895 land every two
years thereafter), unless they want the
present incumbent to hold over" An ap-
Do.ntment made last June wcS not author
lied by law. and the man appointed cannot
| get the Office, unless 1t is voluntarily sur
rendered 10 him by the then county super
intendent, and then a superintendent ap-
pointed Ii: September can Gust him.
THOS. G. SPANGLER.
Spencer. Ind. July 10.