Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1900-11-24
HOOVER OUT.
HE LOSES IN THE CASE
IN CIRCUIT COURT
In Which He ConIeuded for the Office
Of Justice Of the Peace Of WAYNE
Township Judge H. c. Fox Renders
His Decision This Morning.

/ Judge Fl. c. Fox has decidee
against Hoover in the sqaires squad
bic.
/ After reciting the circumstance.
that led to the tilingof the complaint
Judge Fox renders his decision OF
the demurrer. The facts in the case
as briefly summed in the Judge
| statement, are these
In 1898 John 5. Lvle was elected
justice of the peace in Wayne town
ship His election was for the foui
wears term that would end in No.
vember, 1902. as soon as his sue
cessor might be chosen at an election
provided therefore and duly quail
fed. Justice Lyle died in 1899, anC
the county commissioners IN order t
prevent an interregnum il the office
appointed Levi VI. Jones to ill out
the unexpired term of Mr.. Lyle.
Mr.. Jones assumed the duties of the
office. In 1900 Harrison H. Hoover
becomes a nominee for the Office OF
Justice and is apparently elected He
qualities and demands the Office. 1t
is refused by Jones. Hoover
files quo warrants proceedings, claim
ing Jones to be a usurper When
the case comes up for hearing, Jones
attorney fles a demurrer, admitting
the facts alleg I'd by the plaintiff, but
declaring them insufficient for a
cause of action. The claim of the de
fendant is that no vacancy in the Of
fee existed at the time Hoover 5 al
legged election; that his appointment
was until the end of the uneXpired
four years term of Justice Lyle, de
ceased, which would keep him in of
tice till 1902. The regularity of the
election of Lyle and of the appoint
ment and qualification of Jones IS
not questioned.
In rendering his decision the judge
cites the right of the general assembly
to provide ways and means whereby
the people may elect the public
servants He cites first some para
graphs in the state constitution,
which aver first that while general
elections take place on the first
Tuesday after the first Monday in
November, the township elections
may be sat any time pre-
scribed by the general
assent bly,; that the office of justice of
the peace is d four years one that an
officer ected by the people or APP
pointed as provided by law shall hold
his office until his successor is elected
and duly qualified. The office of JUS
tice of the peace is township office.
The general assembly has the power
to fix the time of holding elections to
fill that Office. The Legislature has
provided that the county commission
ers shall fill vacancies in township
offices, such appointment to hold un-
til the successor is duly elected and
qualified; that his successor cannot
be elected until the next general
election or other election as pro
vlded by LAW for the election of such
township officer. In 1893 law was
Viding that the townsilf5 Ssrt,ear-
should be iklosen every four years
beginningEith and following the
general election in 1894. A later en-
actmenf freaffirms this law in SO far
as it reAqs to justices. Therefore
the election of Justice Lyle was in
accordance with the law, it being in
1898, four years after 1894.
The decision concludes thus:
Binder this appointment, the de
fendant is entitled to hold the office
until Lyle's successor is elected and
qualified. The law makes no provis-
ion for the election of a successor