The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-29
TERMS OF JUSTICES.
Attorney General TaylOr's Opinion in
Jefferson County Case.

Jefferson county is having as much
trouble with it's justices as Marion county,
and the Jefferson Circuit Court has asked
the advice of Attorney General Taylor as
TO how to proceed in the difficulty. 1t seems
from the statement made by John w.
Tervis, clerk of the Circuit Court at Madi-
son, that two justices of the peace were
elected Nov. s to succeed themselves and
one to succeed another. Just when they are
expected to assume their positions is mat
ter of considerable speculation to every one
in the county and the court is perplexed as
to the proper course to follow.
The records show that in 1894 John w.
Allen, c. L. Chapman and Vincent Cravens
were elected as justices, the first two to as
sumo their duties at once and the latter
one to wait until 1896 before taking office
At the recent election Allen and Chapman
were reelected while l. D. Spann was
elected to succeed Cravens. 1t is claimed
that the term of the latter does not legally
expire until 1890, as he did not begin his
term until 1896. The contention of the other
party is that all the justices-elect assume
their duties at the same time and the
courts have been asked to settle the matter
for them. In answering the request for adj
vice Attorney General Taylor said:
Just before 1 succeeded to the office of
attorney general the question which you
raise was passed upon by my predecessor,
Mr. ketcham, five justices of the peace
having been elected in Center township, in
Marion county of whom two, whose COM
missions expire in November, were re-
elected: three new justices being chosen.
Two of the justices now in office hold until
1900 1t was Mr.. Ketchams decision that
the two justices who were reelected We're
to be presumed to have been elected by the
people to succeed themselves, and not to
succeed other justices, and therefore their
new commissions would take erect on the
expiration of the old ones, and that the
others must wait until 1900 before their COM
missions would be effective under this cleo
ton l see no reason for not following Mr..
Ketcham'S opinion in this matter. 1t has
been the rule of this Office not to disturb
the rules of former attorney generals eX-
cept where some good reason could be
reason for not following this proceeding"
A CONSTABULARY DISPUTE.
Attorney General Taylor yesterday re-
sponded to request from the Grant Circuit
Court for his opinion as to the merits of
the conflicting claims Of Henry Fields and
an opponent named Watson to the Office of
constable. William 7. Cammack, clerk of
the court has been undecided as to whom
to issue the certificate of election and asked
the advice of the attorney general as to
his proper course of action. General Taylor
finder the law. a constable must call
on the clerk of the Circuit Court for his
certificate of election. The general statute
provides that If any officer of whom an
Official bond is required shall fail within
ten days after the commencement OF his
term Of office and the receipt or his COM
mission or eeruficate TO give PONG IN the
manner prescribed Dy law Inc ounce siiall
= mo time is fixed under the law for the