The Butler weekly times. (Butler, Mo.) 1881-1918, 1906-04-26
ATTORNEY
GENERAL HADlEY
Advises Best Manner Of
Procedure Under Town.
ship Organization
Decision.
FULL TEXT OF LETTER TO
COUNTY COURT.


DEAR SIR:-On account of the IN any
inquiries sent to this Office fro m
counties affected by the recent deci.
sion OF the Supreme Court, holding
unconstit utional the law under which
Linn county had adopted township
organization, the following genera al
statement, bearing upon the situs'
tion in said counties, Is made:
l am iniormed that the Governor
has decided not to call an extra ses-
sion OF the General Assembly for the
purpose of enacting laws to meet the
emergency brought about by reason
OF the aforesaid decision. The coun-
ties affected, therefore, will have to
deal with the situation under exist
ing law. The effect OF the decision
referred to Is that township 'organi-
cation in all counties which adopted
it under the law as it existed prior
to the amendment Of 1897, isinvalid
and without authority Of law. 1t
follows thatall personsin in such coun-
ties holding Offices attempted to be
created by said township organiza.
tion law are left without any legal
title thereto. They are not even de
iacto officers, for there cannot be an
officer where there is no office, and in
this case the Office must fall with the
law which attempted to create it.
The Offices Of justice Of the peace and
constable being provided for under
the general law, 1t Is thought that
such officers, even though elected
under the provisions OF the unco on
stitutional township organization
law, are, never the less, de facto OF.
ficers and their official acts, not only
In the past, but 30 long as they con
tinue to hold their Offices and dis
charge the duties thereof, are as val
i'd as though they had been regularly
elected under the provisions OF the
general law. 1t Is probable howev er,
that the tenure OF Office OF such jus.
tices OF the peace and constsbles will
be only until such time as their sue
cessors are appointed or elected an d
qualified.
From the foregoing views, it FOL
lows that there exist in such coun ties
vacancies in the Offices oicounty col.
hector and eeHHsyy assessor 1t Is as
sursd that the Governor will fill such
vacancies by appointment, the per.
sons SO oappointed to hold office until
their successors are elected and quail
ified. (As the term Ct county officers
extend until their successors are
elected and qualified, tho question
might arise whether the persons
holding the Offices OF county collect
or and county assessor at the time
township Organization was adopted
II such persons we're still living and
had uone nothing which in law
would amount to an abandonment
OF the Offices, would not now be le.
gally entitled to such otfices.) In all
such counties 1t is probable that the
question Of township organization
will again be submitted TO be voted
upon at the general election to be
held this year, and it may also be
assumed that candidates for the Of.
fees Of county collector and county
assessor will be nominated and such
officers elected at said election. II
the proposition for township org ami
cation should carry at the election,
the omces OF county collector and
county assessor would be vacated as
soon az the Law 90 adopted went in.
to effect, and II the proposition fail.
ed. then tht officers 90 elected would