The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-18
JUDGE LEATHERS'S OPINION
HE CITES THE LAW IN SUPPORT OF
HIS POSITION.
The Election Commissioners at Once
Notify the Inspectors to Get
Their Supplies.

ward to-day was legal and in conformity
with the general election laws and pro-
visions of the city charter. He held that
the appointments were not subject 10 the
approval or veto of the mayor and that the
City Council alone has the appointive power
in such elections. The opinion OF the court
follows, eliminating numerous citations Of
authorities:
The Common Council of the city of In
dianapolis met In regular session on the
18th day Of June, 1901. and at said session
Mr.. Billingsey, a member of said Council,
moved that the Council proceed 10 elect
by ballot inspectors for the special cleo
ton of councilman in the Fifteenth ward
10 be held July is, 1901, and said motion
prevailed. The record Of the Council shows
that thereupon three members of the Coun-
Gil demanded that Mr. Billingsley introduce
his motion in writing. as provided by the
rules of the Common Council. Council
thereupon proceeded TO and did elect in
spectors (who are the petitioners hereinl
for the several precincts of the Fifteenth
ward for the purpose of holding said spe-
clal election. That Immediately following
the meeting OF said Common Council said
order or action Of Council, which resulted
In the election of the inspectors IN contro-
versy. was duly certified by the city clerk
TO the mayor of the city of Indianapolis
for his approval. and afterwards, 10 wit,
on July l. 1901, said mayor vetoed said or
der or action of Council. The Common
Council thereafter took no further action
with respect to the so-called order so
vetoed by the mayor of said city, and the
same was not thereafter az any time passed
by a two-thirds vote OF said Council or by
any vote over the said veto of the mayor.
WAS ACTION VALID?
WAS the action Of the Council as shown
by the record of its proceedings valid or
was it invalid? That is the question pre-
sented for the decision Of this court
THE contention of the defendants is that
the action of the Council was null and void
and without authority of law, and in sup
port thereof they Lay down three PROPOSE
tions.
"First-That said action of the Council
was invalidated by a violation of its own
rules, then in full force and effect.
notwithstanding that the Council had
the right TO appoint the inspectors in cues
ton such action of the Council required
the concurrence of the mayor
"Third-That the power TO elect such in
spectors does not belong TO the Council,
but that such power is an executive func-
ton TO be exercised by the mayor alone.
ION the other hand, the contention of
the plaintiffs is that the City Council had
the power TO elect the inspectors in ques-
ticn without the concurrence or approval
or the mayor. Plaintiffs take the position
that this power to elect inspectors has
been expressly delegated TO the City Coun-
Gil by the general election law.
Section 2. of the city charter providing
for the election OF city officers, contains the
following clause, to wit: Such election
shall be held in conformity to and in ac-
cordance with the general election laws
of this State
THE same section of the city charter
provides that the election officers of such
city snail be a mayor, city clerk, police
Judge and councilmen.
In order, therefore, to determine the
manner of electing such city officers. IL
becomes necessary TO refer TO the general
election laws of the State. Section s. of the
general election laws, Section 626l Burns
X: 8; provides that Where any town or
city shall hold an election al any time other
than time OF general election such
election shall be held in conformity with
the provisions of this act, except the
duties herein required of the county clerk
shall be performed by the town or city
clerk; the duties herein required of the
Board OF County Commissioners shall be
performed by the town trustees or City
Council; the duties Of the county sheriff
snaIi be performed by the town marshal
or chief OF police and the rights of nomi-
nation or election officers by political
parties shall be exercised by the chairman
OF the town or city committees of such
parties, If any such there be-
DUTIES OF COMMISSIONERS.
Among the duties to be performed by
the Board of County Commissioners is the
appointment OF election inspectors. Sec
ton 62Ol. third volume Burns's Revised Stat
utes. provides that Whenever any BOARD
or County Commissioners shall designate
more than one precinct in any township
II SHALL at the June term OF said hoard nex,
preceding any election, appoint in each pre-
cinct In which no township trustee resides
as inspector Of such election. some oual,.
fed voter of such precinct, who shall, have
been freeholder and resident houseboIder
IN such precinct for at least one wear ~ =
neNt nredn Tor at least two years
OF County Commissioners shall hold a sna-
clai session one week before each election
and shall NIL all vacancies that NAV have
occurred in the office of insnector 80
shall fill any vacancy occurring there Gnu Gnu
at any regular or called session of tbs
board previous 10 the election. ''''
Election inspectors, therefore art ,,,do-
and by vrture of the state law and NAV
be onsidered state officers The nrovisiors
OF the general election laws so FAR as tie
same are applicable, are virtually incor-
porated into. and made part of the cit,,
charter. II is the rule that all consisted,
statutes, which can stand together 60
though enacted at different dates. relating
10 the same subject, should be constrnaS
together as though they constituted ono
act Where enactments separately mad
are read in pari materia. they are treafed
as having formed In the minds OF the en-
acting body parts OF connecting whole
though considered by such body al difrcren,
dates and under distinct and varied aenao,S
OF the common subject. Such principle is
In harmony with the actual practice az
legislative bodies. and is essential Ia giva
unity TO the laws. and connect them in a
symmetrical system. al I"
Such statutes are taken together and
construed as one system, and the ohisc,
Is 10 carry into effect the intention Wbers
a statute is incorporated in another. the
effect Is the same as II the provisions ~
the former were re-enacted i'm the laft.,
for all the purposes OF the latter statute
BY an express provision contained In the
city charter itself the general election
laws OF the state so far as applica bla vvero
adopted for the purpose OF providing for =
subject matter not within the CITY charter
section is OF the city charter contains
the following clause: No ordinance. order
or resolution shall become law. or oners.
i've untli IL has been passed. enrolled and
attested by the clerk and signed bv the
presiding officer thereof and approved i'm
writing by the mayor
Section p OF the charter is as followe
Every ordnance order OF resolution ~ the
Common Council shall. Immediately upon
Its enrolment. attestation and signature
by the clerk and presiding officer thereof
be presented by the city clerk 10 the MAYOR
and a record OF the time OF such pressnf
ment kept by the clerk. II the mayor a m
proves II. he shall sign II, and IL shall he
come a law. IL he does not approve it he
jections In writing. within ten days after
receiving IL. and the clerk shall present the
same 10 the Common Council at it's next
meeting. IL shall be the mayors official
duty TO express in writing his approval or
disapproval. as hereinbefore provided III
for any reason the mayor fails 10 discharge
his duty within the time named by APPROX
ing or disappearing the same IN writfna
the same shall be deemed equivalent 10 !,
disapproval. and In all cases Of disapproval