Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-06-09
INDIANALAW
PROVES BOARDS
ACTION ILLEGAL
Clearly Defines Methods for
Adjustment Of Any
Township.
PROVIDES FOR REMOVAL

The steam roller used by the
Marion County commissioners in
abolishing Pike Township by resOlu-
\ tion as a rush order of business in
an attempt to prevent Clements
} Purdy, trustee of Pike Township,
from casting his vote for Lee f.
Swails as county superintendent Of
schools, today appears to have
struck a stone wall.
The commissioners in their haste
to "oust" Mr.. Purdy following a visit
of Commissioners Shank and Tute-
wiler to him the Saturday preced-
ing the meeting of the county board
Of education, appear to have failed
to acuuaint themselves with the law.
That the county commissioners failed 10
obey the statutes when they attempted
TO Oust Trustee Purdy under the guise of
a resolution abolishlng Pike Township
and making it a part Of Wayne Town
ship is shown by Burns Annotated lndi-
ana Statutes. revision of 1906 in defining
the method Of removing certain officials.
including township trustees
The statutes provide in Section 96iS.
that the only way township trustee
can be removed for the period for which
he is elected is by impeachment proceed
ings.
STATUTES CLEARLY
DEFINE PROCEDURE.
The words Of the statutes on this sub
tect are as follows: An accusation In
writing against any district, county,
township or muuiriUal officer. or justice
Of the peace. OF prosecuting attorney may
be presented by the grand jury of the
county for which or in which the officer
accused IS elected or appointed"
When this accusation is returned by
the grand jury. the case IS then tried
either in the Circuit Court or the Grim
insI Court in counties where there is 4
Criminal Court.
The statutes provide that the accused
officer must have jury trial and proper
time 70 prepare a defense.
That IS the only method provided by
the statutes for the removal OF a town
ship trustee. There has not been the
slightest shadow OF suspicion thrown
on the official conduct Of Mr.. Purdy and
commissioners have never been heard 10
make any charges against him. The
commissioners attempted by what IS
termed an Illegal method to deprive him
Of his seat at a meeting Of the school
beard which was called under the law
to select a county superintendent Of
schools
The commissioners handed County Au-
ditor Leo X. Fesler the order abolish
4 ing" Pike Township and Mr.. Fesler fell
4 right into the plans OF the big three
I county commissioners and refused to re-
cord the vote or motions Of Mr. Purtv.-
= At the stormy meeting Monday morning,
1.-TWO chairmen presided at the same time.
The result was the Fesler crowd declared
Robert X Devericks selected as the next
county superintendent Of schools and an
other chairman. who ognized Mr.
#Purdy as q trustee, declared Mr.. Swails
re selected.
Mr. Fesler, in the mad rush to get Mr
SDevericks Selected" as superintendent.
g overlooked little bit Of law which might
result IN serious embarrassment for GER
a ain officials.
{AoTE TAKEN
VIVA VOCE.
In section 6376 OF the statutes. Nj
Fesler Will discover. II he reads. that
the only way a county superintendent Of
schools can be selected IS by ballot
A member OF the FesIer- -Devertcks faction
Of the county board of education. moved
that the vote be taken viva voce and this
was done.
Although Auditor Fesler declared the
vote for DeTericks and Swails was a tie
i this was done after the Swails faction
had left the table and ar least two mem
"a bers OF that faction fiatIv refused to
j vote al the time Edward J. Hecker az
3 tempted 10 carry ont the scheme" o.
putting Mr.. De7ericks into office.
After Auditor Fesler declared 4 "tie
= vote" FeSler cast his vote for Davprirks
and promptly announced Devcricks was
elected.
On page 446 Of the acts Of 1919 the fol
lowing law is given concerning the
changing OF the boundaries Of a town
ship: That no township or townships
Continued on Page Two)