The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-05
TERMS OF THE TRUSTEES
TIE LAW OF 1897 LEAVES A COM
PLICATED SITUATION.
Fear that the Act May BE UncOnsti-
acknowledgements as to Hold
ing Elections.

| Shall township trustees and assessors be
| elected at the next election? This is the
| question that the political committees
throughout the State are now discussing
| and some sharp litigation to settle it is
pected to be begun at almost any time.
There are over 1900 trustees in the State
and the positions they hold priced by
| the party organizations on account of the
| influence with attaches to them.
| The Legislature of 1897 passed a law ex-
tending the time for holding the election
of both trustees and assessors from the
| general election of 1895 to that of 1909,
| which was an indirect method of lengthen-
| ing the terms of the present incumbents
! for two years beyond their four-year terms
| for which they were elected. The question
| which now arises is whether such law is
| constitutional. Able lawyers differ upon the
| proposition, but there are said to be strong
| grounds for believing that the Supreme
| Court would declare the statute void. The
| grounds for such belief are at least suf-
| ticient to cause some political leaders to
favor the immediate testing Of the law in
the courts, that all doubts about it may
be set at rest before the election rather
| than having it the subject Of litigation aft
er the election
The positions Of the two parties on the
question are somewhat at variance with
what might be expected. While it is true
the new state committees have not yet
had time to settle upon policy respecting
it yet the Democrats, although the great
majority of the present trustees are Re-
publican, appear to be doing nothing about
ii and 6 ia ha 1aor ,ad do
contemplate doing anything. That they are
Well acquainted with the situation, how
ever, cannot be doubted and it may be
they are carrying out some strategic ma
neuver by which they hope to outWit their
opponents. 1t is possible that they will en-
deavor to elect trustees this fall and then
make a move in the courts to Gust the in
cumbents.
THE JUSTICES OF THE PEACE
The law in question, beside providing for
the postponement Of the election of trustees
and assessors, contains provisions for the
election of the justices of the peace and
constables the same as usual this fall and
says, further, that the names of these Off
Gals shall be printed on the customary yell
low ballot cast for township officials. Thus
the law provides for a general township
election, and there is in the minds of some
lawyers no apparent obstacle for the placing
of the names of candidates for trustee and
assessor on the same ballot The law does
not specifically extend the terms of the
present incumbents. and they will go out of
Office ten days after election provided there
are successors to qualify. The right of the
people to fill vacancies in election offices
is an inherent one and the Legislature or
any branch of the government cannot in
| fringe upon this right. In case the present
! incumbents hold Office from 1898 to 1890 they
| will do so simply because the people have
| failed to select their successors. 1t is the
! duty of county clerks to issue a call for an
| election for certain officials, but how far his
10 rail fnr no al Df fr11Cf arS
! and assessors. a refusal which would be in
| accordance with the present law, will af-
| feet the right of the people to elect these
| officials as matter that the courts would
probably have to settle.
The present law was passed for just rea-
son. The Legislature desired TO secure to
| the present incumbents their rights for a
| full term in office. +. The trustees elected in
| April, 1890, served until August, 1895, by
! virtue Of a curious misunderstanding, and
| thereby infringed upon the terms of the
| trustees elected in November, 1894. The
| Legislature of 1898 passed law changing
| the time for electing township officers from
| April, 1894, to the time of holding the gen.
| eral election in November, 1894. The law
previously provided that trustees and as
| SCISSORS should take office in August after
! their election This was generally con-
| strued to mean that those elected in No
vember of $50 should not go into office until
| August, 1895. But one of the newly elected
! trustees tested the matter in the courts,
| and a short time before August, 1895, the
| Supreme Cpurt decided that the trustees
| should have gone into office in August, 1894,
| instead of in 1895, or, in other words, that
| the terms of those elected in November,
| 1884, should have commenced three months
| before the time they were elected. The de-
| cision has always been regarded with much
| curiosity, but the present incumbents hav-
| ing waited until the August of 1895 before
| taking office, lost all benefit from it.
| TO SQUARE, UP MATTERS.
| AS the case actually stands, the trustees
elected in 1880 held their positions five
years and three months, and if the present
| incumbents go out of office next November
! they will have served only three years and
| three months. 1t was thus with the idea of
| squaring up matters that the Legislature
| passed the present law, under which the
| present incumbents would virtually serve
from August, 1895, to November, 1900, or
five years and three months, tho same as
| their predecessors, although their terms, in
| the light of the Supreme Court decision,
began nine months sooner.
| The Constitution of the State provides
| that no offices shall be created with
| longer term than four years. 1t is doubted
| whether this provision applies i'll the pres
ent instance, as no offices are created by
arises that if Legislature can indirectly
increase the terms of officeholders by post
poning the election of their successors,
what would prevent the Legislature of 1899
| from passing another law again postponing
| the time of electing trustees from the gem
| eTal election OF 1900 to the general election
! of 1902? And SO each Legislature might do
| the same thing and no election would ever
| be held. This is the consideration that
gives rise TO the doubt of the laws con-
| stitutionality, and the wisdom of having
! the matter settled before election instead
| ical circles.
In order to bring the matter before the
| courts, it will be necessary for some voter
| or trustee to appeal TO the courts on the
! ground that he believes the county clerk
! will refuse to call for the. election of
| trustees and assessors this fall Such a
| is llkelV TO he filed and advanced