55 Ind. App. 318 | Ind. Ct. App. | 1914
This'is an appeal from a proceeding brought by appellant to oust appellee from the office of mayor of East Chicago, Indiana. The amended accusation before the court, and upon which ruling was made, charges that while appellee, Alexander G. Schlicker was the duly elected mayor of the city of East Chicago, in Lake County, Indiana, and while so acting as mayor, he committed very many acts of misconduct in public office, permitted all sorts of lawlessness, gambling and other crimes to be committed after having been duly notified of their existence; that he caused .material to be purchased from corporations in which he was interested; that he permitted employes of the city to furnish supplies to the city; that he drew from the city treasury sums largely in excess of the amounts he was entitled to as salary as mayor; that he sold personal property belonging to the city, and received pay therefor; that such acts constituted a refusal and neglect on his part to perform his official duties. Prayer that appellee be deprived of and ousted from his office. Judgment for $500 and all other proper relief is asked in favor of the relator, the prosecuting officer Charles E. Greenwald.
Appellee’s motion to dismiss the cause was sustained by the court, and judgment rendered in his favor. It is assigned that the court erred in sustaining this motion, and in rendering judgment dismissing the cause.
It is urged on behalf of appellee that §35 of the act of 1897 was repealed by the act of the General Assembly approved March 6, 1905, being an act concerning municipal corporations (Acts 1905 p. 219). Section 8894 Burns 1908, Acts 1905 p. 219, §240, reads as follows: “In case the mayor or other officer of any city or town shall wilfully or corruptly be guilty of oppression, malconduet or misfeasance in the discharge of the duties of his office, he shall be liable to be prosecuted by indictment or affidavit in any court of competent jurisdiction, and, on conviction, shall be fined not exceeding one thousand dollars, and the court in which such conviction shall be had shall enter an order removing him from office.”
It will be observed that the original act under which this action is brought, provided for the impeachment and removal from office of all public officials within the jurisdiction of the circuit court. Section 240, supra, of the Cities and Towns Act provided a penalty for all city officials who should be found guilty of the offenses therein named, and upon conviction, they should be removed from office. Section 9016 Burns 1908, Acts 1905 p. 219, §272, being §272 of the act known as the Cities and Towns Act, reads as follows: “All former laws within the purview of this act
Very able briefs have been filed by the learned counsel, and many questions are ably argued, but a further discussion of them in this opinion would needlessly prolong it, and in view of the conclusion we have reached, is unnecessary.
Judgment affirmed.
Note.—Reported in 103 N. E. 807. As to removal of officers for cause, see 135 Am. St. 250. As to repeal of statutes by implication, see 14 Am. Dec. 209; 88 Am. St. 271. See, also, under (1) 28 Cyc. 433; (2) 32 Cyc. 1273, 36 Cyc. 1071; (3) 36 Cyc. 1069, 1138, 1169.