Clinton Township v. Draper

• Decision Date: 04 June 1860
• Citation: Clinton Township v. Draper, 14 Ind. 244 (Ind. 1860)
• Parties: Clinton Township v. Draper and Others
• Court: Indiana Supreme Court

14 Ind. 244

Clinton Township v. Draper and Others

Supreme Court of Indiana

June 4, 1860

From the Decatur Court of Common Pleas.

The judgment is reversed with costs. Cause remanded.

J Gavin and O. B. Hord, for township.

OPINION

Perkins J.

The commissioners of Decatur county, for the purpose of equalizing and rendering more shapely and convenient for the public business, the townships of the county, detached certain territory from Washington, and attached it to Clinton township. The commissioners acted under a statute found in 1 R. S. p. 495, and entitled "an act for the more uniform mode of doing township business." the first section of which authorizes "the board of county commissioners in each county to lay off and divide the same into any number of townships that the convenience of the citizens may require and from time to time, as such convenience demands, to alter the boundaries," &c. It is contended that this section of the law is void for not being germane to the subject embraced by its title. The Court so held below.

We incline to a different opinion. The point is not a clear one but we think the better opinion...