The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-12-10
NOT BUSTED THAT WAY.
COUNTY TREASURES RUssELLs
FIGHT ON CAPT. DILLON

FIGHT ON CAPT DILLON.
The Holding Two County ONCE
Point Raised-The County Treasure
Notifies the Commissioners That AZ
VIII Refuse to Recognize Warrants
Drawn by Capt. Dillon While II 3ldinG
the ONCE of Tax Recsiver and ClerA
of the Commissioners-rh Matter
Referred to the County Attorney
Capt. Dillon Makes a Few Compari
sons.
County Treasurer Waring Russell began
his fight on Capt John r Dillon under the
"holding-of-two-offices at yesterdays
meeting of the county commissioners.
The commissioners had been prepared for
the event by the publication Of the intended
step in the MORNING NEWS, and they
evinced no surprise at the reading by Clerk
Dillon Of the following letter:
SAVANNAH, Ca, Dec. s, 1891.
To the Honorable the Commfssioners and Er-
ofJicio Judges for the County Of ChGthdm:
DEAR s1Rs-I beg to call your attention TO the
act Of the general assembly Of the state OF
Georgia, approved Sept. Il, 1891, a certified
copy Of which / inclose. You will note tnat
under It's provisions that Capt. j: K. Dillon,
who now occupies the office Of receiver of tax
returns and is commissioned properly therefor,
cannot hold the other office OF clerk Of the
county commissioners of Chatham county.
believe that my construction OF the inclosed
act. as above given. is correct, and am so ad-
vised by legal opinion. !. therefore, must de-
cline to recognize any warrants drawn on me
by your honorable body, signed alone by the
gentlemen who now holds two Offices contrary
to law. i do not desire 10 unnecessarily delay
drr1fYa zf~pf aff hn of
Chatham county, so suggest that pending the
issue raised herein, you will, by resolution or
act OF your honorable body, lndorse all further
warrants with the names of the county com
missiouers until this matter can be determined
amicably by Capt. Dillon's electing between the
two offices he now holds. or in the cour Is for the
proper decision to which, in any event, will
cheerfuly submit.
AS county officer Of Chatham county, 1 feel
it my duty TO the public and my bondsmen to
insist on a determination Of this important
question. An early reply is respectfully re.
queSted. Yours faithfully.
Treasurer of Chatham County.
P. S.-Please return with your answer the in
closed certified act.
THE LAW ON THE POINT.
With the letter was copy Of the act
which reads:
Be IL enacted, etc, That from and after the
passage of this act no person shall hold in any
manner whatever, or be commissioned to hold
at any one time more than one county office
except by special enactment of the Legislature
heretofore or hereafter made. nor shall any
commissioned officer be deputy for any other
commissioned officer except by special enact
ment.
There was no discussion except the re-
mark of County Attorney Saussy that II
Treasurer Russell refused to recognize war
rants signed by Capt. Dillon he would soor
find that hd W nUnitfiDn-
violation OF the law.
Commissioner Estill moved that the com.
munication be referred to the county at.
torney TO be reported upon as early as pos
sible. The report will probably be made by
Mr. SeuSsy tomorrow.
CAPT. DILLON TALKS.
Capt. Dillon was asked for an opinion OF
the matter, after the meeting Of the com
missioners BY q MORNING NEWS reporter
"As the letter of Mr.. Russell, said he
"has been referred by the commissioners tc
the county solicitor, it would be improper
for me to anticipate his construction or in
depreciation of the law. My action will b,
governed entirely by the report to be md,
by Mr.: Saussy, the legal adviser of tn
board"
DO you think it is a personal feelin,
which prompted the county treasurer to tn
stepr
Eyes, think Mr.. Russell is slightly pu
out because | was instrumental in having
general law passed by the last Legislature
limiting the commissions of any COUNT
treasurer to maximum sum of 50, co.,"
Capt. Dillon gave an interesting tall
about Treasurer Russell's office.
The property owners and merchants OF
this county" said he, ARE now and have
been called upon to bear extraordinary
burdens OF taxation, and it may interes
them to peruse a tsbuIated statement Of
commissions drawn by County Treasurer
Russell during the past five years. Here il
is: 1855, So, SOS; 1887, 81 1853; 1888
1921; 1889, S5,37S; 1890, s7,o54
a total of $23. Ss4 and an average of SAT-
per annum. Mr.. Russell's commission TO
valuable public services for the last montl
amounted to the modest sum of 81, O44, ant
the budget OF county expenses for the yea
1891 estimated his commissions at IS, 500
When l remember that the governor O
Georgia receives but a 900 per aunum
that the judges of the superior courts draw
but $4,000. and that the treasure
OF the great state of Georgia i
paid but $4,000 for twelve month,
services l feel that Chatham's taxpayer
are unnecessarily hurdeued with the fees O
the county treasurer"
NEITHER ARE COUNTY OFFICES.
A prominent attorney, in speaking of tn
question. said that in his opinion the la,
doesn't apply to Capt. Dillon's offices. L
the first place, he said, the Office of receive
OF tax returns is state and not count
office. which is proved by the fact that Capi
billions bond is made directly to the stat
and not to the county. In the second place
the position Of clerk of the county commits
sioners is not county office in the meanin
of the law.
II think" said he, "Mr. Russell will fin
that he has made mistake this time. Hi
talk about refusing to recognize warrant
signed by Capt. Dillon is all bosh, becaus
he knows as well as anybody, or at lea,
ought TO know, that the constitution {
Georgia prohibits any act relating to a
Office affecting the incumbent during who's
term Of office the law is passed. Therefore
even for the sake Of argu nent, admittln,
the law applies to Capt. Dillon's case.
can't be put into effect until Januar,
1898"
MUST GET RIGHT TO WORK.