Democratic Sentinel, Volume 1, Number 41, Rensselaer, Jasper County, 23 November 1877 — AN IMPORTANT OPINION. [ARTICLE]

AN IMPORTANT OPINION.

The Attorney General Decides that the Law Fixing the Eleetion of Trustees in April is Constitutional. Indianapolis, Nov. 7,1877. Dear Sih--Your letter of the sth inst. has been received and considered. The act approved March 3d, 1877, (Acts Beg. Sess , p. 58.) provides for the election of township officers on the first day of April, 1878, and every second year thereafter. The supreme court has repeatedly decided that when i.n office has been created by the legislature that body has the power to lengthen or abridge the term thereof. (See Walker vs. Feelie, secretary, etc., 18 Ind., 483. See also 2 Parsons on Contracts, p. 5.2. The only township officers whose offices are created and the length of the term thereof defined in our (State constitution are justices of (See article 7, section 14: artfdle 6, section 3.) Four years is the length of the term for justices of the peace as defined in the constitution. In my opinion the legislature possesses the power to abridge the terms of all township officers other than justices of the peace; and the act of March 3, 1877. aforesaid, manifestly provides for the election of their successors next April, and that they shall qualiy and take possession of office in ten nays thereafter. So far as the office of justice of the peace is concerned, I think that said act. does not abridge their terms of office i or ehangv the time when their ceessors shall take possession of office, but it simply changes the time for their e ection 'from Octofer to the April i receding. Very respectfully etc., C. A. Buskirk, Att’y Gen l.