The Butler weekly times. (Butler, Mo.) 1881-1918, 1906-02-15
TOWNSHIP ORGANIZATION.
Probable UnCOnStitutIOnality Of
the Law Under Which Il
Was Adopted.

shy OF Action Beng taken a
Next Election to Prevent Dis
astrous Results.
From Gslistln Democrat.
Governor Dockery In bis last bien
nisl message called the attention o
the people to the alleged unconstitu
tionallty OF the act under which sew
snteen counties OF the state adopted
Township Organization. This warn
ing OF the Governor was given &c
that the counties might at the mex,
general election again submit The
question OF adopting the township
system OF county government, so az
to avoid the confusion and chaos
that would result In the event the
Supreme Court should declare the
act unconstitutional
The Governor is still Of the opinion
that 1t is Of paramount Importance
that all the counties should submit
the question to the voters at the next
general election so that untold Diff
eulties In the financial conduct u the
counties n d schools should be
avoided.
Speaking to our reporter, he said;
"There Is now pending in the Su.
preme Court on appeal from the Linn
County Circuit Court, q proceeding
which raises the question OF the con-
stitutionality Of the act under which
seventeen counties, including Daviess,
adopted Township Organization.
The case has been fully argued before
the Supreme Court and the decision
OF that tribunal will, in due time, be
handed down. l do not, OF course,
know what the judgment OF the Su.
p-eme Court may be but 1t must be
obvious to all lawyers and even to
isymsn, that there Is at least great
danger that the act will be declared
unconstitutional.
"The salient points in this impor.
tant controversy may be briefly stat
cd. The constitution at the time of
the adoption of Township Organiza-
tion by the counties OF Barton, Bates,
Caldwell, Carroll, Cass, Charlton,
Dsviess, DeKalb, Grundy, Harrison,
Livingston, Linn, Mercer, Nodaway,
Putnam, Sullivan and Vernon, pro-
vided that counties night adop.
Township Organization IF A MAJOR.
TY OF ALL THE VOTES CAST at gen.
eral election should be In favor of
such action. This provision OF the
constitution was not self enforcing.
1t required the enforcement OF law
to make the constitution effective.
The General Assembly therefore pass
ed statute authorizing the adop.
tion OF Township Organization but
by some inadvertence, instead OF FOL
lowing the language OF the constitu-
ton, the statute declared that Town.
ship Organization might be adopted
If A MAJORITY OF THE VOTES CAST ON
THAT PROPOSITION should favor it.
"This statute therefore is clearly
unconstitutional because 1t is In vio-
lstion OF the constitution. Under
this statute, which ven to lsyman
seems to be unconditional, the coun.
ties to which l have referred, as | am
informed, adopted Township Organ.
tzation. The people should in ad.
vance Of the probable decision OF the
Supreme Court, provide a remedy
that will obviate the dangers Of a.
Rsncisl chaos In the counties and
possibly require an extra session of
the Legislature.
ut has been suggested by some
very able lawyers that the question
he again submitted to the voters in
each OF these counties at the next
general election. This course will
obvinte the certain dangers conse.
qrsnt to an adverse decision by the
supreme Court and enable the coun.
ties TO continue Township Orgsniza.
tion without any question as to the
legality Of Its adoption"