Clipped From The Logansport Press

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 - FRIDAY, FEBRUARY 14, 1958 OP Treasurer ID To...
FRIDAY, FEBRUARY 14, 1958 OP Treasurer ID To Keep Office Supreme Court Upholds His Election In Appealed Appealed Case INDIANAPOLIS The Indiana Indiana Supreme Court ruled Thursday Thursday that Republican Clyde Oviatt of Evansviile is entitled to serve Oviatt was ineligible to run for the office in 1956. The high court's unanimous rul- this ruling, issued by Judge French Clements, a Republican. After the election Behme challenged challenged the result in Vanderburgh Circuit Court. Special Judge Francis Francis E. Knowles of Posey County, a Democrat, upheld Behme's contention contention that he should be declared treasurer on grounds Oviatt was! ineligible. i Oviatt appealed Judge Knowles'' verdict to the all-Republican Supreme Supreme Court. Thursday's decision did not refer refer directly to the Probate Court pre-election action, since the action action never had been brought before before the high court. Supreme Court; . Achor said also the decision did reversed a Vanderburgh Cir- not touch on the legality of the "1952 amendment but applied onlyj c-jit COLT: decision in favor of Democrat John C. Behme, also of Evansviile. He had contended a 1952 amendment to the state Con. to the particular circumstances of this case. Ovialt's attorneys contended the :<litution barred Oviatt from run—provision making county fcreasur- nir.s. ; ers re-eleted in 1952 ineligible to Judge Xorman F. Aiterburn of i run in 1956 was not properly adopt- Vincenncs. who wrote the Su-ed as part of the constitutional preme Court decision, said the: amendment. record of the case showed that They pointed out that the 1952 Oviatt ran and was elected in good ballots in the referendum on adop- faitli and that to upset the result 1 tion Of the amendment merely of the election would "disenfran-i stated it inreased treasurers' chise" the majority voters. ! terms from two to four years. At issue was the working of thej Judge Arterburn wrote, how- 1!)52 amendment to the state Con-! ever, that there was nothing man- s'.itulion ..• h i c h increased the.datory about the working on the terms of county treasurers from 1 ballot of a constitutional amend- two to four years. referendum. The amendment contains a pro-; Oviatt also contended the vision saying that county treasurers treasurers re-elccled in 1952 should serve four-year terms but would not be eligible for re-election in 1956. Had Court Approval Before the 1956 election, Oviatt obtained a declaratory judgment in Vanderburgh Probate Court that he was eligible to run despite despite the working of the amendment. amendment. No appeal was taken from vision violated the Constitution itself in giving some treasurers privileges not available to others. It was this point on whih Judge Clements had based his Probate Court ruling. Cite Court Ruling HAND FOR THE HANDICAPPED "muscle" substitutes for human paralysis is demonstrated in New Landaur, director of respiratory the National Foundation for at left, activates a nylon "muscle" .pressure causes device on hand grasp things with first two fingers invention of Dr. Joseph Laws prototype for his'14-year-old back'him up. Behme's attorneys defended the 1 working of the provision In the! constitutional amendment 'and said Oviatt had barred himself from attacking it by accepting the benefit of a four-year term under another part of the same amendment. amendment. Oviatt has continued to serve as county treasurer during the litiga- ! tion, but his • pay has been held up for the past 15 months pend- The Supreme Court's deision;ing the final deision. was based on Oviatt's seeking of-! The Supreme Court did not or- fie in "good faith" with an un-'der a new trial. It ordered the challenged court ruling, that of the • Vanderburgh Ciruit Court to en- Var.derburgh Probate Court, to'ter a finding for Oviatt. a

Clipped from
  1. The Logansport Press,
  2. 14 Feb 1958, Fri,
  3. Page 11

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