The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-07-01
WILL HOLD LAW INVALID
DECISION no BE GIVEN IN TOWN.
SHIP OFFICERS CASE TODAY.
Elections for These officers Must Be
Held This FaII-IntimatiOn of
Judge Hackney's Opinion.

The present term of the Supreme Court
closes for the summer to-day. Among the
cases set for a final clearing up is the
township trustee case. entitled 1.-The State
ex rel. Harrison VS.. Benjamin F. Menaugh."
Information from a reliable source has
leaked out. intimating the intention of Judge
Hackney to hand down a decision in the
case, holding the law invalid. That the
opinion was written and ready for delivery
yesterday. is stated as a fact and much
comment was INDUCED in when it was not
found among the papers sent out by the
court. Judge Hackney's decision in pro-
nouncing the law invalid will affect the po-
sition of officers of 1.014 townships in this
State. as in effect it compels the holding of
regular elections this fall as usual. Under
the terms of the new law repudiated by
Judge Hackney. the present incumbents
would have held over in office until the first
Tuesday after the first Monday in Novem-
Der. 1900.
BY the effect of the coming decision, both
Republicans and Democrats will be COM
PEELED to make nominations for the election
to be held this fall. Every township trustee
and assessor in the State will come within
the scope of the decision and the Republic
ans will suffer somewhat more than the
Democrats, as GO per cent. of the office
holders effected of that party. In the
lower court the law was declared constitu-
tional and the present decision will be
reversal of the finding. There is still plenty
of time for making nominations before the
regular election.
In the case of John Ulrich, administrator
of the estate of Peter Vogel, of Aurora,
the Supreme Court affirmed the decision of
the lower court and found no cause for dam
ages. The was one in which the Big
Four Railroad was sued for damages on ac-
count of the killing of Vogel long
treste over Wilson creek near Aurora by
one of the company's trains. In the COM
plant the engineer is said to have seen
Vogel on the trestle in time to have stopped
the train. The court, however, disputed
the right of Vogel to be on the treste and
In view of the absence of Willfull attempt
on the part of the engineer, TO kill him, held
there was no cause for damages.
In the suit of the Home Insurance and
Trust Company against the Clark town
ship school trustees of Perry county, the
court decided it to be part of the rights of
buildings to arrange for proper insurance
for them and affirmed the Judgment of the
Circuit Court. The allegation made by the
present trustees, who refused to paw a bill
for Insurance on schoolhouses contracted
by the former trustees, was that they had
no right to insure the buildings on their
own responsibility, and the insurance COM
pany brought the present suit to recover
their money.
Judge Hackney finally disposed of the
tive-year-old case of the Chicago & Calumet
Terminal Railway Company against the
Hammond, Whiting & East Chicago Elec-
tric Railway by refusing motion for a re-
hearing of the case. The Calumet road
sought to prevent the electric line from
crossing its tracks near Hammond by every
step known to the law. but failed in each
instance.