Evening Republican, Volume 18, Number 113, Rensselaer, Jasper County, 13 May 1914 — COMMISSIONERS HAD RIGHT OF APPOINTMENT [ARTICLE]

COMMISSIONERS HAD RIGHT OF APPOINTMENT

Case Decided in Supreme Court Sustains Appointment Made In Jasper (Bounty. At the time Sylvester Gray was appointed county highway superintendent by the county commissioners Surveyor Devere Yeoman made application (for appointment alleging that the law provided that In counties where the mileage of stone road® wOs less than 200 miles the county surveyor was to act. The commissioners held that they had the authority to make an appointment even though the mileage was less than the minimum stated in the lasw. The case came up in other counties in the state and the case from Martin county has gone through the supreme court. The following abstract of the decision is published in the Indianapolis Star: State ex rel Bateman, .surveyor, vs. Hart. Martin C. C. affirmed. Oox, J. (1) Action off quo warranto .by appellant against appellee to try the right to the office of highway superintendent as created by Acts 1913, Page 877, which provides that board of commissioners must appoint such superintendent in counties having more than 200 miles free gravel road®, but may appoint county surveyor in counties of lees mileage. Martin county has 125 miles free gravel road and relator appellant requested appointment and tendered bond, but board appointed appellee, and this action was brught to try title to office. The appellant relator claims right under a proviso in the statute and it can take nothing from the plain grant of power given in the statute unless clearly excepted in the proviso, which ,is not done. (2) The only restraint upon the board in the appointment off the highway superintendent is that in counties with more than 200 miles off free gravel roads he must be some person other than the county surveyor, but in counties with less than 200 miles of free gravel roads this restraint is removed and the surveyor may be appointed. (3) “Considering the act as an entirety we conclude that it lodges a discretion in county boards of counties having less than 200 miles off Improved highways to designate the county surveyor to discharge the duties of superintendent off their repair and maintenance, if he consents, or, if in the Judgment of such board conditions make that preferable, to appoint some one else.”