The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-06-09
ELECTION OF TRUSTEES
ARGUMENT IN WHITLEY COUNTY
CASE YESTERDAY MORNING.
City Attorney Kern Shows No DISPOSE
ton to Push the City Railway
AppeaI-Court News.

Argument was heard by the Supreme
Court yesterday in the case of the State ex
rel Joseph r. Harrison against Benjamin
F. Menaugh, appealed from the Whitley
Circuit Court. The point involved is whether
not the Legislature had the right to post
pone an election. The Legislature, in 1897,
enacted a law postponing the election OF
township assessors and trustees until 1900,
thereby extending the term of the present
lncumbents about fifteen months The law
has been attacked by the Democratic state
committee. On the trial of the case, con-
trary TO the expectations of the committee,
a Democratic judge upheld the law. The case
was one brought to mandate the county OFF,
GERS to hold an election in the fall at the
time of the general election for township
trustees and assessors. The writ was not is
sued Until the case is decided nominations
will not be made for township assessors and
trustees.
Thomas Marshall, of Columbia City, Ind,
argued against the validity of the law.
Charles NJ. McCabe. of Covington, appeared
in support of the law. Enoch Hogate, of
Danvile, was also present in the interest
of the law, but as the court confined the
argument to one hour for each side, Mr..
Hogate did not speak. Many attorneys were
interested spectators. In objection to the law
it was contended that it was demonstrations
al in that it's effect was to make the term
of the incumbent assessors and trustees six
years, while the Constitution says that no
office shall be for more than four years. In
rebuttal to this theory it was contended that
the law Of 1897 did not undertake to say
that the incumbents should continue in Of
flee. 1t simply postpones the election. The
stitutional provision that all officers elected
shall serve until their successors are
elected and qualified" 1t was admitted that
if the law had undertaken to say that 1.-The
present incumbents shall serve until after
the election provided for in this act, then
it would have heightened the term, but as
it undertook to do nothing of the sort. leav-
ing the operation of the Constitution to ac-
complish that purpose, the law is valid
reporter, lis whether the Legislature had
the power to postpone an election. If it had
that power the court will hardly go into an
examination of what results would follow
the exercising of the power In the medical
case decided yesterday the court intimated
there might be some doubt as to the wisdom
of the law but, having held that the Legis-
lature had a right to pass it, the court did
not undertake to follow the law to its re-
suits
The question is one of considerable inter-
est to politicians. In other States the courts
have held similar laws to be valid. If the
law is upheld there will be no election this
fall of township assessors and trustees and
the men in office will have their terms ex
tended several months, so they are much
interested. Attorneys from various parts of
the State were interested specta tors at the
hearing yesterday. One suggested that the
court might not pass upon the case on the
ground that it was not in court properly.
as the suit undertakes to mandate officers
to do something many months hence which
no one can now say that they will not do.
That question ignored DV both sides
and it is not thought that the court will
take cognizance of it of it's own motion. The
court advanced the case and requested to
hear argument although neither side cared
to be heard orally. For this reason 1t is be-
heyed that the court will hand down an
opinion before the summer adjournment.