The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-09-27

Point took their judicial seats II was
thought that they would continue to
hold office until 1914. However, as an
nounced in last Fridays TIMES flaws
were being picked In the recent act of
the legislature extending the term.
Friends OF Mr.. Manlove who are urg-
ing his cadidacy cite the following
from supreme court decision (151 Ind
e7s) handed down on December %. 1898
in the case of State, Elk Rel. Taylor ct
al. VS.. Mount ct al
Decision rs CITED.
We have already shown. as we
think. that the legislature had no right
to fill the. Offices for any time. no mat
ter how short. In addition, the constf-
tuition (articie 2. section 14) provides
expressly for general elections. to be
held on the first Tuesday after the first
Monday in November. with a proviso
that the General Assembly may provide
by law for the election or all Judges of
courts of general and appellate 5uris-
diction by an election. to be held for
such officers only Here is plain
recognition. IL it were needed, of the
right of the people to elect judges at
general elections, save only in case the
legislature has designated for some
other time for that purpose. 1t follows.
therefore, that, even If the legislature
had--as it has not-the power to fill the
ONCE of Judge by appointment. 1t could
fill such ONCE only until the time Of
the next general election, when the
people could perform that high func-
ton themselves"
AS far as argument is concerned
every plausible suggestion that could
! be advanced in support of the position
take by counsel for appelless was pre-
scented in the briefs and oral argument
on the original hearing. The views so
presented were then fully considered,
and held insufficient to sustain the
| Judgment OF the trial court. and to that
decision we still adhere. We have not
the shadow of a doubt as to the cor
rectness OF the conclusion then reach
ed Men cannot be elected TO fill the
| ofiie of judge for longer time than the
term of the Office itself. as fixed by the
law in force at the date of the election.
Neither can the legislature extend the
term of the existence of court, and
then name those who shall be judges
for the term extended. still less
can the Legislature prevent the people
from eIectfng Judges mt the general or
special election provided by law for
that purpose
What the Star Said.
George Stout. political correspondent
of the indianapolis Star, recently wrote
as follows on the Lake county judicial
situation:
1T is now being pointed out that the
act setting the time for the election OF
Tall Superior Judges for 1914 did not
take effect until after Kopelke and
Becker had accepted the judgeships and
had qualified IT is urged that this fact
makes their appointments good only
until the end OF the term for which
lthey nominally accepted office. or un-
til 1912, when their successors are to
be eIecteds 1t is argued that they &C
lcepted Office under the old conditions
land that the "afterthought. law which
went into effect after they. took theil
appointments could not AFFECT them.
The law establishing Superio,
lCourts, passed in 1871, provided thai
where three Superior judges are to BIZ
/; elected, one should be elected at one
general election and two should bs
/; chosen at the next election. in order
that AT least one Superior judge should
be holding over at all times.
One thing Is apparent: II the Re
; publicans proceed to nominate candi
? dates for the Superior judgeships il
Lake County, and put their names OIL
: the ticket, the Democrats may fee
r obliged to do something similar IL
order to protect themselves"
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