A person serving as township trustee in Indiana by removing from the township in which they are officer thereby surrenders the right to the office.

TOWNSHIP TRUSTEE-REMOVAL FROM TOWNSHIP. March 6, 1907. Hon. Fassett A. Cotton, Superintendent of Public Instruction, In- dianapolis, Indiana: Dear Sir-Your communication of March 5th received, in which you state that- "A trustee of one of the townships in this state has sold his farm and all of his personal property and moved with his family to another county." And you ask: "Is he entitled to serve as township trustee under the circumstances?" Section 6 of article 6 of the constitution of Indiana provides: "All county, township and town officers shall reside with- in their respective counties, townships and towns; and shall keep their respective offices at such places therein, and per- form such duties as may be directed by law." Under this section of the constitution in the case of Relender v. The State ex rel. Utz, Prosecuting Attorney, 149 Ind. 283, it was held by our supreme court that a county commissioner was required to actually reside within the county where elected during the time he is the incumbent of the office, and that when he voluntarily ceases to reside therein during his term of office it will operate as an abandonment of the office, and ipso facto a surrender of all rights and title to the office. See also State v. Allen, 21 Ind. 516. Yonkey v. State, 27 Ind. 236; Gosman v. State, 106 Ind. 203; Osborne v: State, 128 Ind. 129. A mere temporary removal or absence for a limited time by the officer from the township to which his residence has been restricted by law, with no intention to abandon his office, will not result in terminating his title to the office, but when he actually removes from the township with the intention to change his residence he surrenders his right to longer hold his office. It is therefore nay opinion that a person serving as township trustee in Indiana by removing from the township in which he is an officer thereby surrenders his right to the office, [7-19395]