The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-07-02
NO TOWNSHIP ELECTIONS
THE SUPREME COURT DECISION
COMES AS A SURPRISE.
Bench Changed on Case, 1t Is Report
ed, After Majority Opinion Was
Written by Judge Hackney.

with the legal facts of the case, 1t came as
a surprise. Thursday it was practically as
sured that the Democratic judges. Messrs.
Hackney, Howard and McCabe had con-
Cured in an opinion written by Judge
Hackney, holding the law to be unconsti
tutional. This would have overruled the
opinion rendered by Judge Jordan, who held
the law to be valid, inasmuch as it did not
provide for a longer term for trustees than
four years which is the constitutional limit.
Some of the lawyers in the Statehouse
felt, from a legal point of view, that Judge
Hackney's opinion was proper one. 1t was
shown however, if the case decided
against the law 1t would reopen all the past
litigation extending over several years to
the law of 1888 and practically mean a re-
versal of the former decisions of the court.
TO avoid all this. it was necessary to up
hold the opinion of Judge Jordan, placing
Judges Monks. McCabe and Jordan in sup
port of the following opinion, which is
quoted in part:
THE only questions raised and discussed
relate to the constitutional validity of an
act of the Legislature approved Feb. %. 1897,
providing for changing the time of
electing certain township officers. 1t
is insisted that because this act is unconsti
tutlonal, therefore the law of 1893, whereby
the time of holding the election for town
Vember, is still in force, and the election of
township trustees must be held at the No
vember election, 1898. while, if the act of
1897 is held constitution al and is not changed
by the next Legislature, no election can be
held for township trustees and assessors
until November, 1850.
The conStitutionality of the act of 1897
IS challenged on the ground that it eXtenos
the term of trustees elected in 1894 beyond
by the Constitution for the tenure of an Of
flee created by the Legislature. =
Counsel assert that the election of trustees
being postponed until November 1900 by the
provisions of the act in question: the result
will be that the present incumbents will
mold mold Office two years beyond the constitu-
der Article 2, Section IA. of the Constitu-
ton, the right to provide for or fix the time
Tor holding township elections is reserved
for the Legislature, but the contention
seems to be that this provision contemplates
that elections for township officers must al
least be held once in every period of four
years, and therefore, the Legislature has
no power to enact a law like the one in dis
p Put I'VE, which operates to change or postpone
quddrenniaI period.
BACK TO ACT OF '93.
IF the objections urged against the va
lidity of the act of 1897 can be sustained,
then the effect of such holding would GER
tainly result in striking down the act of
1893 under which the relator seeks to
compel appellees to hold an election in No
vember, 1898. PROFESSIONALLY, it can be said
of the latter act that it is impressed with
the same infirmities which are alleged to
exist against the statute of 1897. 1t express
ly changed or postponed the time of elect
ing trustees and other township officers
from April, 1894, to November. 1894 and
every fourth year thereafter, and thereby,
II the argument of appellant is sound, eX-
tended the terms of the trustees elected in
1880 three months in excess of four years.
"All legislative authority is lodged in the
General Assembly by the State Constitu-
tion, and, as regards this authority, that
body is supreme and sovereign subject to
no restrictions except those which the
States Constitution expressly or implicitly
imposes, and the restraints of the federal
Constitution and the laws and treaties
passed and made pursuant thereto
1t may be true, perhaps, that the great pow
er conferred upon the Legislature is some
times abused, but the remedy for that evil
lies in a appeal to the people, who, in their
sovereign capacity. can correct it, and not
by an appeal to the judiciary If
the people are aggrieved by the action of
their representatives in the General Assem-
bly,, the way to redress the wrong is open
to them at the next biennial election.
Article ?, Section IA, of the Constitution,
provides that all general elections shall
be held on the first Tuesday after the first
Monday in November, but township cleo
tons may be held at such times as may be
provided by law Article 6, Section 3, pro-
Vldes that such other county and township
officers as may be necessary shall be elected
or appointed in such manner as may be pre-
article Is, Section g. reads as follows:
When the duration of any office is not pro-
X yds6 n for by this Constitution it may be
Assembly shall not create any office the
tenure of which shall be longer than four
years
THE express restriction imposed by this
last section is that the General Assembly
shall not create any office the prescribed
term of which is longer than four years.
SECTION of the same article provides that
Whenever it is provided in this Constitution
or in any law which may be hereafter
passed. that any officer, other than a mem
Der of the General Assembly, shall hold his
office for any given term, the same shall be
construed to mean that such officer shall
hold his office for such term and until his
successor shall have been elected and quail
ned Tested by any or all of these pro-
visions, and it Is evident. we think, that no
express or implied antagOnism can be held
TO exist between any of them and the stat
ute in dispute, we are of opinion that the
Constitution will be searched in vain to dis
cover any restriction against the enactment
or a statute OF the character purDOrt of
the one here involved.
THE FOUR-YEAR TENURE.
THAT the creation of the office of town
ship trustee, under our Constitution, is a
matter which is left wholly with the Legis-
lature, is undisputed. Il may or may not
in the exercise Of its discretion create such
an office, but if it chooses to do so, the
tenure cannot exceed four years. Within
this limit the Legislature, in its discretion,
may enlarge, abridge or otherwise change
the term of the Office or abolish it entirely.
The electors of this State have no unalter-
able right to elect township trustees at the
polls, for, as we have seen, the Constitution
gives the Legislature power to provide that
they may be chosen by election or appoint
ment
THE power to fix the time at which the
people may elect township officers is, by
the provision of the Constitution above
quoted, left entirely with the Legislature.
Inc power is a continuing one, and surely
cannot be said to be exhausted by being
once exercised. The Legislature may, from
time to time. direct when the election shall
take place = The power of the LegiS-
lature to fix or change the time of electing
niZed. and not until now. to our knowledge,
has it ever been called in question. For
merly, such elections We're held in April.
then changed to October, then back to
April, and then. by act of 1898. to November.
The mere fact that the Legislature,
in the exercise of an acknowledged power
may deprive the electors for reasonable
time OF electlng successors TO the present
lncumbentS, will not alone operate TO rem
der the act providing for the change un-
constitutional and therefore invalid.
AN examination of the act Will readily
disclose that it does not profess TO create
the office of township trustee. nor to
tend the term thereof beyond the constitu-
tonal limit OF four years. 1t makes
no reference 10 present incumbents. and
neither pretends nor attempts to abridge
nor enlarge their tenure. If the in
cumbent trustees are permitted to hold be-
yond four years, ii cannot, in legal con-
temptation, be attributed to the provisions
Of fba aoti In, hut mill No duo