The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-06-30
Act of Last Legislature ReIat-
ing to Unincorporated
Towns Is Full of Snares and
Rawlings.
ONLY SUPREME COURT
OFFER EXPLANATIONS
Attorney General States, After
Considering Measure, That
As It Now Stands It Means
Nothing.

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ed by the last legislature relating to
Incorporated towns has put about coo
towns Of the state in quandary. The
idiosyncrasies of the law are 90 num-
erous that its effect Is not known. The
towns have not gained sufficient dis
tinction to be classed as cities under
the statutes and the law leaves them
unaware Of the proper way to elect
trustees this fall. In this county Cam
bridge City, Dublin. Fountain City,
Hagerstown, Boston. Centerville. East
Germantown, Milton, Mount Auburn,
Spring Grove and Whitewater are con-
cerned. The office Of the attorney gen.
eral has been appealed to by a num-
ber Of towns for construction OF the
new law, but the reply has been in
each instance that the supreme court
alone can construe the law, although
at this time the law means nothing.
What Law Provides.
The measure provides that town
trustees shall be elected this fall, one
from each ward and that in towns
which have an even number of trustees
one-half Of the persons OF any such
town that receive the highest number
OF votes at the regular election in
1909 shall be regarded as elected there
to the office of trustee, for period OF
four years and the other half for pc.
riod Of two years. and IN towns having
an even number of trustees receiv-
ing the highest number Of votes shall
serve for four years and the remainder
for two years.
The question arose over the repeti-
ton OF the word "even. Presumably
says the attorney general, the general
assembly meant that one Of the evens
should be written 'odd. probably the
latter, although in that event, it would
be difficult to elect one fewer than
onehalf Of, say seven trustees, since
1t would require the election for four
years Of two and one-half trustees, :
physical impossibility, although in
many cases 1t is popularity believed
that some trustees are not more than
half trustees.
Il Means Nothing.
As the act reads 1t means nothing
at all according to the attorney gen.
eral. but no power except that of the
supreme court can SO declare and make
the declaration effective, and the su
preme court can not make such q de
claration until case reaches II in reg
ular manner. Consequently since the
act as It stands Is the Law the towns
will be compelled to elect this TALL &C
cording to its provisions, and ask the
court subsequently,. ON an appeal tc
determine just what the act means, II
1t means anything At all.
The law is In further conflict ID
that it defines the terms OF clerks
marshal and treasurer Is two year.
and subsequently declares that thu
terms of officers selected shall
continue for four years.
The conflicts Of language in thi,
act have served to call attention h
numerous errors IN tho 1909 volume
Of tho acts. According TO an atfaehs
Of the attorney generals offIcs. ner.
brackets indicating clerical, grammat,
ica1 or typographical errors arc to b
found n tho 100 volume than Il an
DEUGo1ing vuaune q aclnl