State ex rel. Harrison v. Menaugh

Dissenting Opinion.

Hackney, O. J.

I cannot concur in the conclusion of the majority of the court. I am fully convinced that the General Assembly, by the act of 1897, exercised a right expressly denied to it by the- constitution. The denial of authority is in these words: “The General Assembly shall not create any office the tenure of which shall be longer than four years.” Const. Sec. 2, Art. 15. This clause has frequently and *282properly been held to apply to the office, and not to the officer. Baker v. Kirk, 33 Ind. 517; Parmater v. State, ex rel., 102 Ind. 90; State, ex rel., v. Barlow, 103…