Savannah morning news. [volume] (Savannah) 1868-1887, 1884-05-11
THEFfGHT FOR ORDINARY
AN UNLOOKED-FOR ELECTION
SURPRISES THE VOTERS.


Mr.. Desvergers Challenges the Right of
Col. Bee to Postpone the Election and
Opens the POlls-The Other Candidates
Rush in and he Withdraws from the
Race-HamptOn L. FerriII Elected by
244 MajOrity-What the Candidates
Have Is say About It-Mr. Hamilton
Calls it a Farce and Put-Up Job
Judge O'BYrne's Position.
Many voters of the county were sur
prised yesterday morning to learn that an
election was being held at the Court
House. 1t was well known that there
was vacancy in the office of Ordinary,
Occasioned by the death OF Hon. John o.
Ferrill, to fill which an election was or
dered to be held by the Board of County
Commissioners ON the 21st inst.
Immediately after Major Ferril's
death there was a. question be-
tween the County Commissioners and
the Clerk of the Superior Court as to
who had the right to take possession of
the office, and who was authorized to
issue the order for the election of his sue
cessOr.
The general law of the State of Georgia
invests the Clerk Of the Superior Court
with the right to order an election to fill
the vacancy in the office of Ordinary. The
law creating the Board of County
Commissioners gives that body the power
Of ordering elections to fill vacancies.
In pursuance of the powers vested in
him as he construed the law, Col.
Barnard Bee, Clerk Of the Superior Court
Of the county, ordered an election on
Saturday, May 10, the date of this cleo
ton conforming to the law, which provides
that he should order the cleo
ton within 20 DAYS after the
death of the former incumbent. Imme-
diately an issue arose between the Clerk
of the Superior Court and the County
Commissioners as to whose duty it was
to order the election. The Commissioners,
acting upon their view of the matter, APP
pointed Hampton L. Ferrill, Esq, to fill the
vacancy until an election could be held,
and also issued notice ordering an cleo
ton on the Dist Of May. The candidates
were at sea as to which order to respect,
and on Monday, April 81, all of them,
except Mr.. 81. j. Desvergers, addressed
the following note to Mr.. Bee:
We, the undersigned candidates for the
Office Of Ordinary of Chatham county. do
hereby respectfully request Col. b. f. Bee,
Clerk of the Superior Court, to concur with
the Honorable the County Commissioners Of
said county in ordering the election 10 take
place Wednesday, May 81.
This request Col. Bee acceded to. Thus
all the candidates except Mr.. Desvergers)
and voters Of the county were led to be-
lieve that the election would be held on
the DIST inst.
Mr.. Desvergers, acting upon eminent
legal advice, took the position that the
Clerk of the Superior Court had ordered
an election, in compliance of law,
and that he had no power to
in o
considered that Col. Bees acquiescence
was only courteous compliance with the
request of the candidates and would not
stand good when put to legal test.
Day before yesterday he issued a cir
culaF in which he reviewed the is
sue between the County Commissioners
and the Clerk of the Superior Court, and
said:
In my humble Judgment tomorrow is the
legally designated day for the election, and
therefore / have determined to adopt such
steps as will secure legally elected Ordinary
for the county, IN order to obyiate the serious
emb arrassments, insecurity in the disposition
and settlements of estates, and interminable
htgatlOns which would inevitably result in
the event of an incumbent under an invalid
election. If, therefore, the polls are not
opened under the regularly appointed au-
thoritles by 10 O'Clock a. m. on May 10, the
election viii be held anyhow by freeholders
as the law provides in such cases.
the court house to hold the election
at the hour named, Messrs. F. J.
Ruckert, Peter Oft and Henry
Winkers, three freehOlders, selected
by Mr.. Desvergers, opened ballot box for
the reception of votes for Ordinary. The
other candidates and the pOpulace were
disposed to make light of the cleo
ton which Mr.. Desvergers had
brought about But when it became
advice Of Hon. Thomas IL. Norwood and
other distinguished lawyers, the other
candidates were alarmed at the situation
of affairs, and after consulting their
friends they decided to open another
ballOt-bOX. with L. 5. Hart, Henry Haym
and John b. Fernandez as managers.
The opening of this box was the signal
for the beginning of a.cOntest that became
warmer as the day progressed. The friends
of the candidates were Immediately nOti-
fed to bestir themselves in behalf
of their favOrites. They were told
to put in their best ticks because there
was an uncertainty about the matter and
nobody wanted to be the loser by the adj
vantage taken Of legal technicality.
The passage way of the court house at
once become alive With people and
all the exhOrtation, coddling and urging
prevailed that characteriZes elections.
" iCii MI DCoNCA 5Clo saw bNC IACNtAOiA
was being contested, he announced his
withdrawal from the race in favor of Mr..
Hampton /. Ferrill. This left the con-
test between Mr.. II. L. Ferrill and Mr..
MaTmaduke Hamilton, and the friends Of
each got down to their best
work in obtaining votes. Around
the polls the scene was one Of the utmost
confusion. There were those who said
the election was valid and those who pro-
claimed that it was a farce. Nevertheless
the friends of both candidates eXerted
their utmost efforts.
At O'Clock the polls were announced
closed, and, with Thomas A. FOlliard,
Justice of the Peace, in charge, the man.
ayers repaired to the grand jury room
and proceeded to count out the votes.
The result of the count was as follows:
II. J.. Ferril .....---......... ............. $50
NJ Hamilton observation-disclosures. .......... .229
NJ. j Desvergers. .-.....- I3
Scattering ....-............ Z
The announcement of this vote was re-