The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-03-13
TOWNSHIP BILL DILEMMA
VNE SECTION CAUSES ALL SORTS OF
QUESTIONS TO ARISE.
Solution to Rush Publication of Acts
Before April Term of Court
Expires.

| partment the hardest nut it has had TO
| crack Tor some time The section which
mas caused all the trouble is that relating
| 10 the appointment Of the members of the
| first Advisory Board. This section is Sec
ton L. and reads as follows: "At the term
| or the Circuit Court TO be held in the sew
eral counties OF the State next after the
taking effect of this act such court shall
appoint three 60 freeholderS and qualified
voters residing in each township. not more
than two Of whom shall belong to the same
political party who shall constitute the Ad-
visory Board of such township until their
successors are elected and qualified. On
failure Of such court to do so the Governor
of the State shall make said appointments.
And all laws and parts Of laws inconsistent
with the provisions of this act are hereby
repealed"
There is no emergency claus. in the act,
and Ii will take effect only VIXEN the gen.
eral proclamation shall be issued. 1t is ex-
pected that this will not be until the middle
Of May, and now it has been discovered that
In over half Of the counties in the State
there will be no session Of the Circuit Court
from the April term until the November
term. This condition has caused multitude
Of questions to spring up. If the law does
| not go into effect until after the April term
of court 1t Is a question whether or not
the township trustee will have any power
to transact any Of the business Of his office
until the Advisory Board shall be appointed
at the November term In this interval
comes the month Of September, and the act
specifically states that the levy for all town
ship purposes shall be made in September,
so the question arises as to whether or not
Nsrc
there is no such term. Another question
which has come up is whether or not, II the
act goes into effect while the April term Is
in session, the judge can appoint the men,
bers of the Advisory Board when the act
states that the appointments are TO be made
at the term next after the taking effect of
this act" Another disputed question is
whether or not the Governor can make the
appointments when there has been no term
of court for the judge TO make the appoint
ments in, or whether not. so long as no
term has been held. the judge can be held
to have failed TO make the appointments and
the power is conferred On the Governor to
do SO.
The entire question rests on the time when
the acts shan be printed and distributed.
After the distribution shall have been made,
and after the secretary Of state shall have
In his possession receipts from all clerks Of
courts in the State. the proclamation is is
sued by the Governor and the laws are in
force. II will therefore be possible for any
clerk who may not approve the township
bill to hold back the proclamation by delay
ing sending in his receipt and causing the
proclamation TO be issued only at such time
as any question can be raised regarding it.
The county bill is drawn differently. and the
judge of the Circuit Court Is authorized to
make the appointments OF the County Coun-
Gil at any time.
The questions regarding the township bill
have been under consideration by Deputy
Attorney General Moores, who worked all
of Saturday evening end the greater part OF
yesterday on Ii. he Is as yet unable 10 give
an opinion. He states that the decisions of
the Supreme Court TO the effect that uni
formity OF application is necessary 10 make
an act constitutional does not apply 10 TINS
case as the application viii be uniform and
the constitutionality OF the act Is not al
fected. On the other questions much greater
research Will be necessary than has been
made as yet in order 10 render an opinion
He considers it a most delicate question and
the hardest that has been suomitted 10 MS
department for some time.
Al these questions can be avoided IL the
laws can be published before the April terms
Of court, but the outlook for TINS is MOI
that he would deprecate anything tnat VIII
delay this law going into effect; He knew
of nothing that could De done ABOUT III, eA-
cept to expedite the work of publishing, the
acts and have the proclamation issued as
early as possible.
PROCLAMATION MAY BE HURRIED.
Auditor of State Hart suggested yesterday
that all the officials in the Statehouse loan
their stenographers to the secretary or state
for as much time as possible each day SO
that they could mako the copies OF the acts
for the printer. He expressed his willing |
L.. Dnalxl nxr until
the work is finished. This is the only So
luton of the question that can see,' said
he 1T believe that by doing this and by |
working night and day on the bills the laws
can be published by April 1. 1t will prob |
ably be the middle of May before they, are |
published. unless the work proceeds both |
by day and by night. II this double force |
can get them out by the first of next month !
1 would then suggest that the Governor |
send out the copies by special messengers, |
ceipts. He has a contingent fund of $1,000 |
on which he could draw to meet the ex-
penses of this, plan, and I believe the dis
following this plan. The proclamation could |
be issued and the law put into effect before |
move ne Af this multitude Of questions, and is
really the only solution | now see, II the |
point shall be found well taken about the
November I do not know just what the |
trustee could do about the levy. Many |
points would De raised or IflSil anu pTODdDly
much litigation would follow. | think the |
best thing to do is TO work night and day |
and get the laws out.
Attorney General Taylor is not in the city,
but Judge Hackney, who drew the act said
that an off-hand opinion, he believed that
the clause could be construed as a failure
OF the judge TO act, and that the Governor
would be authorized 10 make the appoint
ments. He merely gave this as hasty
opinion. and said that the question had not
been presented TO him before and had not
occurred TO him. He drew the bill with an
emergency clause in it. and said that he had
framed II with the sole idea Of its taking
effect al once.
Speaker Littleton, OF the House, said last
inal bill. In his opinion the word next is
not TO be taken literally, but he CONSTITUTES
the word as having the same meaning and
effect OF the word immediately" With
this construction, he believes that there can
be no question as 10 the right OF the judge
OF the Circuit Court 10 make the appoint
ments in the term during which the act
that II the act shall go into effect during
the April term the judge will have full right
TO make the appointments during that term
II there is any question as TO the publica-
ton or the acts, he would have the judges
hold the term open for a few days In order
that the appointments might be made
When Governor Mount was informed of the
that he would take IL under advisement and
would consult about II. He expressed him
self rs being In favor OF having the stenog-
raphers OF the Statehouse work on the bills,
and said he considered that good idea.
Secretary OF State Hunt was out OF the
city yesterday and nothing authentic could
be learned TO the time the acts will prob !
q Ina <haI ion