The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1885-06-25
DOES HE UNSEAT HIMsELFg

JOURNAL is unfriendly to Mr.. Fite.-
Cdrters0ille Cotuant.
The above misrepresents us in
more than one particular. The Ma
rietta JOURNAL is not in "high dud-
geon" over Mr.. Fite's refusal to re-
sign his seat in the Legislature, be-
cause of his appointment by Mr..
Crenshaw as United States Internal
Revenue Collector; and neither has
the JOURNAL "threatened legisla-
tive investigation" because this pa
per has no power to move in any
thing of the kind; and the insinua-
ton is unfounded that we are sun
friendly" to Mr.. Fite, because we
have no acquaintance with that gen
tleman, and, therefore, could have
no animosity against him on the CON
trary we were glad of his election to
the Legislature, because of the pro-
hibition principle he espoused. We
simply expressed an opinion that it
was '''greediness" on the part of Mr..
Fite to hold two offices, and for him
to persist in doing so would natural
~ cause a Legislative investigation
as to the legality of his right to a
seatin the house ofRepresentatives.
1t is not our province to threaten
Mr.. Fite with Legislative investi-
CATION. We are not member of
that body and never expect to be !;
but DIR. FELTON,, editor of the Cour-
ant, is a member of that body, and
we opine that he will not be slow to
recognize the fact that it is his sworn
duty to see that no member is allow
ed to occupy seat in that body who
is not entitled to do so under the
Constitution of the State of Georgia.
And as to whether Mr.. Fite is le-
gally entitled to seat in that body
is question that ought to be inves-
gated, whether it is not; for it APP
pears his right is not only i'll jeopardy,
but in conflict with the State Consti-
tuition, which in Section 4, Paragraph
Z, defines the ineligibility of mem
bers as follows:
No person holding military commits
sion, or other appointment, or office, having
any emoument, or compensation annexed
thereto, under this State, or the United
States, or either Of them except Justices of
the Peace and officers OF the Militia, nor
any defaulter ofpublic money, or for any le-
gal taxes required of him, shall have a seat
in either House"
Now, if it can be shown that the
position of an Internal Revenue Col
lector is not an Office under the Uni
ted States Government, and that it's
creation was not by authority of an
act of Congress, and that he who fills
the place or office does not receive
compensation for his services, and
that he is not an official of the Uni
ted States government, but that he is
acting without authority or appoint
ment and for the fun of handling
"Uncle Sans" cash, then Mr.. Fife
is legally entitled to seat in the
Legislature, and the Legislature
ought to so declare.
But on the contrary if it is proven
that he is a United States officer, le-
gally appointed, and that he is re-
ceivlng compensation for his official
services, then it will be question
for those who have taken an oath to
support the Constitution of this
State" to determine whether Mr..
Fite has disqualified himself or not,
aRd if they find he is not entitled le-
gally to a seat as member of the
House of Representatives, they ought
to have the courage of their convic-
tons and so declare.
And more than this, Mr.. Fife
ought not to be willing to occupy a
seat in that body until his legal right
to do so is clearly established. We
would not dare hold seat the title
to which was tainted with fraud,
for if he has no legal right under the
State Constitution to hold two offices,
then to participate in the delibera-
tons of that body, he would be do
ing so as "A fraudulent legislator, and
we judge Mr.. Fite is too honorable
to want to do anything of the kind.
And we further believe that the
spirit of the State Constitution not
only prohibits Mr.. Fite from further
exercising the functions of legislator,
but the Code deems the office vacated
from the moment he accepted anoth-
er office of trust or profit. Article l,
Section 1919 of the Revised Code says
The following persons are held and
deemed Ineligible to hold any cirH office in
this State, and the existence of either the
following state Of facts is sufficient reason
for vaeating any office held by such person,
| &c;
Paragraph 4 Persons holding any office
of profit or trust under the Government OF
the Cuited States other than Of postmas-
ter or of either of the severel States, or Of
any foreign State.
And the Code further specifies un-
der paragraph 4, section 135, that the
office is vacated when the incum-
bent is placed in either of the condi-
tons specified of ineligibility to Of
flee, (as above quoted in paragraph
A. (which shall operate from the
time the fact is ascertained and de-