The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-10-15

the court shall continue TO hold their offices
curing a term of four years from Jan J.
1875 This section is but repetition of what
the Legislature had declared in the previ-
Gus acts of 1891 and 1893. This section Is sur
piusage and may be entirely eliminated from
the act and the operation of the act and the
enect OF the legislation proionging the exist
SLce OF the court upon the terms of the
present incumbents would be the same.
80 rms argument or claim that the electors
OF the State elected the present judges for a
term OF two months only, and that no act
on the part of the Legislature could in any
manner vary or change this result is futile
and devoid of merit. The people when they
voted at the election of 1896 for appellate
Judges are at least presumed to have known
pellate Court. and also that the time of the
judges under its particular provisions was
four years. and could be for no longer. sub
Ject, however. to the tenure of the court as
then fixed. as it might be limited or fixed
ny the Legislature of 1897, before the expira-
tlon OF the original limit; and subject. also.
to the right and power OF the Legislature
TO shorten or ahridge the tenure of the
judges elected. That the voters were pre-
sumed to have known the power with
which the Legislature was invested in re-
spect TO both the. proipngation of the life Of
Of its judges after their election is surely,
in the light of the authorities. a well-set-
tied legal proposition. The Appellate Court
is purely one of statutory creation, as au-
thorized by the Constitution, and subject
only to the restrictions of the latter in three
respects, viz: That tho judges thereof.
generally speaking. must be elected and
their term of office cannot exceed four years
must be filed by the Governor until the
next election. Aside from these constitution
al restrictions. the office may be said to be
wholly under the control of the Legislature.
The court may be made perpetual or its ex-
istence limited at the discretion of the Leg
lsIautre; or It at any time may abolish the
office altogether.
LEGISLATURE CONTROLLED TT.
The tribunal is. therefore. completely
within the power of the Legislature except
so far as the Constitution forbids that body
to interfere IT could shorten the term of
four years 10 one year under. if the
tenure of the Office. as originally fixed. was
two years under, the Legislature could
have heightened the term to that of four
years, and the judges elected and installed
into Office prior TO such action of the Leg
islature would be effected by such change.
This power or right of the Legislature
over offices of it's own creation has been
repeatedly recognized and affirmed by the
decisions of this court. Even though it be
conceded that the term of the present
judges was but two months as REALTORS as
sert, when they were elected and became in
cumbents of the Office they would certainly
be subject to either an abridgement of that
term or to an extension thereof not over
four years, and as the limitation clause in
question was changed and extended before
the expiration of the two months. It GER
tainly must be evident, in view of the au-
thorties, that the term of the judges
would be subject to that extension which.
under the facts in this case is within the
constitutional restriction of four years, and
upon this theory OF the case the contention
OF the REALTORS that the election for appel
late judges must be held at the ensuing
election cannot be sustained. The Legisla-
ture, then being invested with the power to
extend the existence of statutory office
exercised during the life of the office, it
will result in permitting the incumbent TO
continue in Office for his full term, as fixed
DIV law. not exceeding four wears. provided
the life of the office has been so long con-
tinued by. the Legislature. The limitations
of the existence of the Appellate Court in
the act creating 1t may be said to be tenn
Dorary.
An act of the Legislature may be tenn
porary in some of its parts and permanent
in others, and the authorities affirm that
If a statute. temporary when enacted, is
made permanent by subsequent act, 1t is
to be deemed permanent alb initio. 1t would
follow from these authorities and the facts
In this case that the repeal by the Legis-
lature of 1897 of the provisions of the origi-
nal act which limited the life of the court,
would have alone resulted in making the
existence Of the court permanent alb initio:
the Legislature to the contrary.
The claim of the REALTORS that if the pres
ent judges continue in office for a term OF
four years they will do so as appointees of
the Legislature and not under an election
by the people Is without merit Il win
readily be seen that under the Constitution
of this State, such evil results cannot fol-
low an extension by the Legislature of a
term of an office. This body under our
Constitution, is authorized, in the first in
stance, to fix the term at four years and
no longer. If the term of a statutory office
is originally fixed for a term under four
years, the Legislature certainly has the
power as our own decisions in effect af-
firm. to subsequently, extend it to the
maximum of four years. That, regardless
of the fact that such extension may result
in keeping an incumbent in office beyond
the original term. Without further consid-
Grafton of the question. of the opinion
that there can be no election, under the
law for appellate judges at the ensuing
November election and that the judgment
below, denying the right of the REALTORS to
have their names placed upon the official
ballot, is right and ought TO be affirmed.