The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-10-20
CAN THEY Be ABOLISHED e?
Decisions and Authorities on the Sub
jeCt Being Searched For.

Between the State and the Municipal
Corporation-The Supreme Court Of
the United States on the Subject.
Some Talk Of Change in the Char
ter to ACCOMPLISH the Object.
Since the introduction of Alderman
Charlton's now famous resolution in the
city council. providing for the election of
the city officials at next Wednesdays
meeting, the time and the attention Of
several members Of the other party has
been devoted to looking up legal points,
not with a view to defeating the ordi-
nance, but 10 see and establish the point
If possible, that any of the city Offices
can be abolished through the medium Of
the legislature at the will Of the legisla-
tors
one of the members of the Citizens Club
said yesterday that if it's members so
desired it would be an easy matter
enough for them to get an injunction
against the city council and prevent the
carrying out of the purpose OF the ordl-
nance introduced by Alderman Charlton,
for" he said, even in the event the
Judge refused TO grant il, he would have
to give a certificate through which the
matter could be carried TO the supreme
court, and before it was decided in that
court the bill providing for the elections
by the incoming board could be passed
in the legislature"
The whole attention of the faction OPP
posed to this movement has been devoted
to looking into the matter Of abolshlng
the Offices of those officers under the city
administration which they do not want
10 retain. Several of them have been
on,
of the laws cited is from 10th Howard,
4O2 found in Lawsons leading cases. The
case is that of Butler VS.. the state OF
PENNSYLVANIA, heard and decided in the
supreme court of the United States.
Butler was appointed, by the governor
of Pennsylvania, a canal commissioner
on Feb. l. l843 for the period of one year,
under a law then in force. In April of the
same year the legislature reduced the
salary to SO day, and ordered that on
and after the following October the canal
commissioners should be elected by the
people. The election came off and Butler
was defeated. He claimed his salary from
Feb. /. 1913 to Feb. l, 1874, at 81 a day
He held that the statute prescribed his
salary and term, and was contract with
him which the state by subsequent law
could not repair. He failed to persuade
the court. The supreme court held that
the contracts designed to be protected by
property rights, and are clearly dis
tinguishable from the measures or en-
Pagements adopted or undertaken by the
body polite or state government for the
benefit of all and from the necessity of the
case, according to the universal under
standing to be varied or discontinued as
the public good shall require"
The effect of this decision is that
legislature can abolish any office or re-
duce any salary, although UGH offices and
salaries are created by previous legisla-
tive bodies, and that this can be done
before a term of an official expires. This
is the effect of the note given by the COM
mentator. 1t asserts that such an enact
ment is not a contract within the mean
ing implied in the federal constitution.
In Dion's Municipal Corporations, 1t
is stated that a charter or an incorpora-
tion of a city or town is in no sense a con-
tract between the state and the corpora
ton Therefore it is held that if a charter
is abolished and new one substituted,
no obligation of contract is impaired. The
whole tendency of these decisions seems
TO the point that city's charter is not a
contract between the power granting 1t
and the party TO which it is granted, and
that nothing done under ii is in the nature
of a contract
1t may be apparent that the legislature
has the right to abolish an office by its
enactment, but it is not clear, nor is it
believed by the opposition that such Of
fees can be abolished in name only and
recreated with the same duties, but with
different names.
The talk of abolishing the offices held
by such officials as there is a desire on the
part of the Citizens Club to get rid of,
is taking large proportions, and it would
seem that something on this line is con-
templated. The matter Of the substitu-
tion of a new charter for the present one
Nv nh &c no all
discussed. 1t remains to be seen what
will come of the talk.
Discussion over the ordinance was just
as warm last night as il was the night
before. The Citizens Club people were
just as hot about it as they were when the
news was first sprung upon them. The
fact that the present council proposes
TO change the time of electing the city
officers for the next two years from Jan
uary 10 October instead OF waiting t
have this power taken out of their hand
by the passage of a bill through the leg
islature by the new Representatives
arouses their indignation to pitch whicl
can hardly be expressed in words. The.
argue that this was one of the issues o
the last primary, and that the sue
cess of their faction was plain decision
in favor of a change from the election
by the outgoing board to election by tn
incoming board. That the present coun
their highest Indignation.
40 matter what the present counc
does, they say, the legislature and tn
next council viii see that it is undon,
The line upon which they will fight seem
10 be the same as first announced. The
will change the title of the offices, if nee
essary, to get the obnoxious office holder
out, and then elect new men to fill III
new offices. They expect a constitution,
point to be made If this is done, but the
will fight it out on this line they say, an
run the risk Of compelling the city TO pa
two sets Of officers for the same work.
All these calculations, of course, al
based upon the belief that the CitizeI
Club will elect the next council Inciden
ally this may not be the case, though M
doubtedly the Citizens Club IS numerical
the strongest organized political body
the city at present. The members of q
opposition, however, are watching thin
closely, and have already made up the
minds that the Citizens Club shall ~
have walk-oVer in the city election
What, with the dissension which pror
ises to crop out in the Citizens Oh
every day, the fact that the colored va
ers, who viii cut considerable figure
the city election, are strong supporters