The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-12-25
GUERARD'S BILLILLEGAL
LAWYERS SAY THE ELECTION
Law IS UNCONSTITUTIONAL.

GSAcS6A anu AnkIO0uCo0
by Mr.. Guerard by Request-Tt Dis
eliminates Against County Msgis-
ttrhees-The County Commissioners
May Refuse to Abide by the Meas
ure.
Whether the county commissioners will
abide by the law making the justices OF the
peace and the ex-off1cio justices of the peac e
Of the First. Second, Third and Fourth
militia districts Of Chatham county man.
ayers of election is just at present the most
interesting question Of political discussion.
That such bill was passed the people Of
Savannah and Chatham county have a
vague idea. The information which they
have hitherto had of the bill 10 very vague =,
to say she least.
The bill was quietly introduced in the
legislature and so quietly put through that
nothing was known about its real intent in
Savannah except by few interested par
ties.
The bill was introduced by Representa-
tive Guerard. Il was not until last week
that several copies OF 1t we're received here.
WHAT THE BILL DOES.
The bill is entitled, IAN act to amend an
act entitled, An act to create and organize
commissioners OF Chatham county, who
eAehh 10 CA-OAuOfO Juokc5I w dS1ho 6Q6lE
| jurisdiction and duties, and for other pur-
poses, by providing for the appointment of
the notaries public and justices of the
peace Of the First, Second, Third
aud Fourth Georgia militia districts OF
Chatham county, and freeholders, as super
visors of elections and for other purposes. ~
The bill merely amends the act as described
in the title, so that the eighth section
is made to read that the super visors OF cleo
| ton to be appointed by the county commits
| sioners shall consist of the notarIes pnblic
and justices of the peace of the First, Sec
ond, Third and Fourth militia districts OF
Chatham county and such fresholders as
the commissioners may select to serve with
| them.
In accordance with the law the commits
sioners have heretofore selectsd eighteen
| supervisors of election for every county
election. The majority of the Supervisors
| or managers were usually selected from the
magistrates OF the county. There are eight
militia districts in Chatham county with
two magistrates each, and one Justice of the
peace and one notary public and sx-off1cio
justice.
| COUNTRY JUSTICES NOT IN 1T.
Unless there was some special reason, such
as connection by blood or marriage with
some candidate. nearly every magistrate
could count upon being appointed one of
| the managers Of election.
The law as amended prescribes the ap-
pointment OF the eight city magistrates
and leaves the commissioners 20 appoint
| ten freeholdsrs to serve with them.
It will thus be seen that the country
magistrates are left out in the cold. To
illustrate more fully, Magistrates McDer-
mott and Endres Of the First, Sheftall and
Russell Of the Second, Naughtin and
Patterson OF the Third and
Reynolds and Elsinger of the
in office ara appointed managers of all
county elections, with such freeholders as
the commissioners may select to serve with
them, while Justices King, Msndel, Bios
and the other country Justices are shut out
entirely unless they happen to be freehold
ers, In which case they can take their
chances with any number of freeholders
who choose to apply.
KINsMEN AS MANAGERS.
At the county election Jan. 4 Magistrates
| Thomas j. Sheftall and Warning Russell
Jr., nephews of Treasurer Warning Russell,
are by law constituted managers Of this
election.
Again, the effect Of the law, If carried out
will be to make Magistrates Sheftall and
Russell judges OF the election for justice in
the Second district, Jan. z, at which cleo
tion Mr.. Sheftall 10 a candidate for re-elsc-
| ton.
Representative Guerard, who introduced
the bill and had It passed through the House,
was seen one day last week and asked
for some information about the measure.
Mr.. Guerard said be could give no informa-
ton about it further than that 1t provided
for the appointments of eight magistrates as
judges Of election. He had introduced the
| bill because he was requested to do 80. he
said, and was not posted as to its details
RUssELL's BILL.
1t was Mr.. Waring Russell's bill, Mr..
Guerard said, and he supposed he had it
introduced for some political purpose. Mr.,
Russell, he supposed, desired to be repre-
| sented In the managsmen OF the election
by some of his own friends, as he knew the
county commissioners who had the appoint
ment OF the election managers were opposed
| to him.
Some OF the most prominent lawyers In
the city were seen yesterday and asked their
| opinion of the bill or rather the amended
| law. The general verdict was that the law
was undoubtedly illegal and unconstitu-
| tional and that upon test case would be
30 declared by the courts. The first defect
published according to law. Section 1913 ta)
of the code specifically states that the
| titles of all local bills should
| be published once in the county paper in
which the sheriff's advertisements are pub
lished. The sheriff's advertisements of
| Suhbndm county are puDllsneO IN Inc MORN
ING News and the bill was never published
| in it.
THE CHARGE OFFERED IN EXCUSE.
The law provides that should a charge of
more than 81 per square be demanded pub
location may be made in any other paper
| published in the county. IL is claimed that
the MORNING News was offered 81
to publish the advertisement. but
as it contained three squares
insteadsof one the offer was refused. The
bill was afterward published in the Press.
This is not an important point, how
ever. The question is upon the iilegality
and unconstitutionality OF the bili. As
pointed out by the attorneys consulted yes
terday, there is a general state law govern
ing all county elections and no special bill
| can be enacted to contravene the provis-
ions of that law. AS the amendment
plainly discriminates in favor OF the ap-
pointment Of certain magistrates ii ia of
course, they say, illegal.
The managers OF elections in Chatham
county, however, are appointed under the
act of Feb. 81, 1878, which it is sought TO
amend, which provides for the appointment
Of election managers by the county CON-
missioners. As the law was enacted before
the constitution Of 1877 was formed, it still
stands as an exception TO the general law,