Savannah morning news. [volume] (Savannah) 1868-1887, 1886-01-17
QUIT VOTING AT NOON.
1IAGTsTRAFEs ELECTION ENDS
XERY UNEXPECTEDLY.

GThe County CoenmAssionars APPoints'
Ad Interim Commissioned BY me
Governor and is Sworn into once
while the EleetsOn Ia Being Held-Ahe
poRa Closed and the Ballots Burned
Unoounted.
The election for a Magistrate for the
Fourth district came to a sudden and IN
expected termination about II O'Clock
yesterday morning
According to notice the polls opened at
e a. nj. at Justice Eisinger's Office, on
BRYAN street. The friends Of the respect
ave candidates. Reynolds, Shea and Pleas
ANTS, kept up the voting at a fairly splr'
jted rate. Notwithstanding the rain.
There was the usual speculation as to
who would come out ahead, and the
friends Of each candidate claimed victory
for their man. There was some curiosity
to know what Gov. Mcdaniel bad
done, or proposed 50 do, in reference
TO commissioning Candidate Reynolds,
who was appointed dd INFORM
at the last regular messing
of the County Commissioners. When the
morning mail from Atlanta arrived
it brought letter from his eX-
cellencv 10 Justice Elsiuger and
a oonimission 70 Mr. Reynolds. BY
advice 81 his counsel the latter quietly
went of and took the oath OF Office before
the County Commissioners while the bal
8otlng was still going on. When Reynolds
returned to the voting place Magistrate
IElsinger had read his letter from the Gov
ernor's secretary. The letter was dated
Jan ia, and read as follows
Rpferriar 10 YOUR telegram Of Jan. 49, in re-
gard Go the appointment Of Samuel Reynolds
- Justlca Of the Peace, Attn District, a.. NJ,
1Cha6ham county. and asking that CON mission
le withheld until thematter can be legally
settled / am instructed by GOV. Mcdaniel
10 saw he did not feel that, under the law, he
had &ny discretion 10 the matter or was an
1hOrizod 10 comply with your request. sec
rlon y OF the Act creating the BoaF7i of Com
Tnisslouers Of Chatham county, approved FEB.
81 1873. provides THAT whenever vacancy
shall occur by death, resignation or otherwise,
ct any county officer, it shall be and it IS made
Z he dutv OF the Commissioners and eA ofHclO
Judges TO aupOint q fl and proper person TO
dlil such vacancy until an election takes place
according to law" Ii provides further, thar
ssthe person so appointed shall be commits
stoned BIZ the Governor" There may be some
room for doubt as tUHwhether the term 'coun-
~ otiC RS includes Justices Of the Peace. But
80 far az this Department Is concerned that
iqnesti0n has been determines aifmatively,
Iafter a direct submission OF the same to the
Attorney General. thorough investigation
al the matter satisfied that ofhoal that q jus
ice OF the Peace Is q county officer" Very
Respectfully. D. ". " AkRRk.
sec. Tx. Dept.
some discussion ensued about contlnu-
sng the ballotng, and Magistrate Rey-
nolds said that he had no objectOn-the
1Wo other candidates could do as they
chose. Pretty soon il was decided to car
~ the election no further, and the csndi-
dates agreed that the polls should close.
The ballots were thrown into the fire, I'M
counted. A number Of voters came up
afterward, but they were too late.
The friends Of the candidates who got
left held. with the Governor, that "there
NAV be some room for doubt as TO whether
the term county officers includes Justices
oil the Peace" and these maintained that
on election should be held according to
sections 43S and 459 Of the code.