Jasper County Democrat, Volume 9, Number 33, Rensselaer, Jasper County, 17 November 1906 — LAW IS TIME WASTED [ARTICLE]

LAW IS TIME WASTED

Attempt to Range Up the Time of Taking Office Is a Failure. ATTORNEY GENERAL SAYS 80 ♦ Legislature Didn’t Get It Right, Somehow—How a Biter Got Bit by a Barber. Indianapolis, Nov. 16.—1 n an opinion just rendered Attorney General Chas. W. Miller decides that the act of 1903, which attempted to make uniform the beginnings of the terms of county officers, Is unconstitutional, and that allcounty officers, including judges and prosecuting attorneys, whether their office is constitutional or legislative, will enter on their new terms at the expiration of the terms of their predecessors, whenever that may be. In fact, this opinion, if followed, entirely abrogates the act of 1903, and leaves the situation so far as the beginning of terms Is concerned, exactly the same as it was before the enactment of that law. Effect of the Opinion. If this opinion is followed Judge Fremont Alford, of the criminal court, will retire from his office tomorrow, and all other county officers, will enter on their terms at the expiration of the terms of their predecessors, an.l not wait until Jan. 1, 1907, as the law of 1903 provided. This decision affects judges of circuit, superior and criminal courts, all prosecuting attorneys, all county auditors, treasurers, clerks, sheriffs, recorders, assessors, coroners and surveyors. Instead of taking office Jan. 1, 1907, as the law provides, they will begin their duties the day the term of their predecessors would have expired regularly, that is, had the law of 1903 not been passed. These expirations come at different times, mostly in November. What the Law Tried to Do. The law of 1903 was passed because there was great irregularity in the ending of terms of county officers and the t>eginning of new terms. The purpose of this law was to bring order out of chaos by trying to start all officers’ terms on Jan. 1. In some cases this would have lengthened some terms that of Alford, for example; Judge Alford’s term, regularly, would have expired on Nov. 17, 1906, his former commissions having borne that date. The law of 1903 extended his term until Jan. 1, 1907. however, In order that his successor could enter the office on the first day of the year. Why It Seems a Failure. In effect Attorney General Miller’s opinion declares that the statement In section 1 of the act. declaring x that ail county officers should take their office on Jan. 1 following their election, was dependent on the provision that made certain exceptions in order that officers then elected might serve out their full terms. The supreme court held the proviso to be unconstitutional, and the attorney general holds that the proviso is so closely interwoven with the statement itself as to make the whole first section of the law unconstitutional.

BITER IS BADLY BITTEN Phony Man Gets Beat by a Barber, and at His Own Game. Too. Muncie, Ind.. Nov. 16.—Arthur Stout cleverly beat a swindler at the latter’s own game and as a result of pis feat now has a SSO diamond that cost him only sl3. A strange man pretending to be hard pressed for money offered to sell Stone a diamond for sl2 and said he would wait until Stone took the stone to a jeweler to obtain the latter’s opinion of It. A jeweler who was consulted told Stout the diamond, was worth SSO and Stout agreed to buy it. The stranger tried to substitute a “phony” diamond for it but Stout detected the trick and took both the real and the false diamonds. When caught the stranger confessed that he made his living by the graft and offered to buy back the diamond for S4O, but Stout refused. Had Been Beating the Company. Columbus, Ind., Nov. 16.—The Indianapolis, Columbus and Southern Tractlon company has received a letter from a woman at Indianapolis, signing herself “Conscience,” in which she inclosed 50 cents to repay the company for “deadhead” rides on the traction cars, and saying that she could not rest easy till restitution had been made. Gov. Hanly, Under the Weather. Indianapolis, Nov. 16. Governor Hanly is confined to his bed in a physically exhausted conditldn. His physicians have instructed him to observe absolute rest if he desires to Resume his duties in a reasonable length of time. For two nights before the election and on election night, the governor did not sleep. State Bankers Elect Officers. Indianapolis, Nov. 16. —Jonce Monyhan, of Orleans, was elected president; H. C. Johnson, of Seymour, vice president, and John C. Shirk, of Brookville, treasurer, of the Indtana State Bankera’ association In session here.