Savannah morning news. [volume] (Savannah) 1868-1887, 1881-01-14

The following communication OF interest
in reference to the municipal election needs
no explanation:
ORDINARY's OFFICE,
SAVANNAH, January 70, 1881.
Hon. John +. Wheaton, Mayor, Savannah,
Ga:
DEAR SIR-SInce receiving your oral COM
mun1cation through Henry G. Cunningham,
Ed, City Attorney, requesting me to pre-
side at the municipal election, to be held on
the 18th inst, 1 have taken ocoa--
OF the case, and after careful considera-
ton decide that l have no jurisdiction
in the matter. This decision was not
reached hurriedly, but after mature de-
liberation and frequent conversations with
many of the leading members of the bar
gentlemen representing both divisions Of the
party who are seeking political supremacy
in city affairs. AS my fellow citizens OF all
shades OF opinion have Joined in
ton, 1t Is but respectful to place
the reasons for my refusal before them.
Did have any doubt upon the subject, l
should declare in favor of my right to
preside; but have no doubt.
The charter OF the city of Savannah, old
Code, section 4734, says " Elections for
Mayor and Aldermen of Savannah shall be
held at the court house In said city, between
the hours of In the morning and in the
afternoon, under the superintendent of the
Justices Of the Inferior Court Of Chatham coltft
and the Justices of the Peace in said city,
or any three or more of them, etc' THE
italics are mine) And the last clause of
said charter (section 4SS9) declares: ono
code or system of laws which may be passed
By the General Assembly at Its present or
any adjourned session shall be construed to
~
this act unless such provisions shall be
specially named or referred to, etc."
Now in the new or Revised Code, section
1882, which is section 4734 Of the old Code,
for the words justices Of the Inferior Court,
the word Ordinary Is substituted, SO that
the section reads, ELECTIONS for Mayor and
Aldermen of Savannah shall be held \
under the superintendent Of the Ordinary
Of Chatham county and the Justices of the
Peace, etc.o
But recalling the final section of the char.
ter, which asserts that no provisions of the
charter shall be repealed or modified except
especially named or referred to, the ques-
ton naturally suggests itself, where is the
special law or constitutional enactment
which authorized the revisers of the Code,
in their new Code (the Code of 1873, which
has never been adopted or sanctioned by
convention OF the people or the Legislaturel
w SAOobA1OOC nCW WOIU6 anu uOutlY Inc
charter OF Savannah? can fad no authori-
ty for the change.
Let 1t be remarked that this duty of super
vision over the city election was not laid
upon the Inferior Court but upon the Jus.
tices OF the Inferior Court. Now the con-
stitution of 186S-Code, s5l26-abolished
the Inferior Court and declared the ur-
finished business of said court and the "dasties
Of the Justices thereof 0talics mine) are trans
- rrnh fNfh Al L.
Assembly may designate. Section VII,
Act XII, Of the constitution-Code,s 5140-
directed the books, etc., of the Inferior
Courts to be transferred to the Ordinaries
But nowhere Is there a word about the
duties of the Justices of said courts, especially
10 this matter, delegated to anyone. It is
true that the Code gives Jurisdiction over
county elections to the Ordinaries of the
State, but even this authority by local act
Is diverted In this county and fixed in a
Board of Commissioners.
The Inferior Courts then being abolished.
and the duties Of the Justices thereof in our
city elections never having been assigned to
anyone (the substitution of the word "Ordi-
nary" by the revisers of the Code being
without authority of law, the section In
the city charter prescribing the mode of
holding.elections Told Code, S4734, and new,
or Revised Code, s4832) must be read with
VIC wOiuS OuSt-ces OI Tue 1ufeftOr courts
Tor "Ordinary''l omitted, leaving the super
vision of our municipal elections to the
"Justices OF the Peace in the city of Savan.
nah, or any three or more Of them"
l appreciate profoundly the confidence
which would place me In charge of the
coming election, and trust the reasons for
my refusal will be as satisfactory and con-
vincing to my fellow citizens as they are to
me. With great respect,
JOHN o. FERRILL,
Ordinary Chatham County Ga