The Brunswick times. [volume] (Brunswick, Ga.) 188?-1900, 1897-05-22
The Supreme Court Declares Ma
son Ineligible, but Croyatt
Can't Be Mayor.
FULL TEXT OF THE DECISION.
Not Known Whether Case Will Be Further
FOught-Nsxt Legal Process What
the Court Says.

The supreme court yesterday morn
ing rendered its decision in the case
of A. J. Crovatt vs.. Edward IF. Ma
son, in the contest for the office of
mayor of Brunswick. 1t declares
Mayor Mason ineligible, but deries
that Judge CrOvatt has any right to
the office. The decisOn practically
vacates the office and another election
must be held.
AS soon as the remitter from the SUI
preme court is received by the clerk
of the superior court the case will be
again called before Judge Sweat and
the decision of the supreme court made
the judgment of the lower court. Then
writ of custer will be issued.
THE TIMES is unable to state wheth-
er or not further fight will be made
by Mayor Mason, although it is very
probable. He would not state yester-
day, nor would his attorneys, Brantley
& Bennett. Judge Crovatt is in New
York and could not be seen. Judge
Whitfield, Crovatt's attorney, would
make no statement for publication.
The following Is the full text of the
decision as rendered, sent by wire to
THE TIMES yesterday:
CrOvatt vs. Mason, before Judge
Sweat, Glynn superior court. Little,
Justice.
l. An act of the general assembly
men of cities and towns of this state
incompetent to hold any municipal
office during the time for which they
were chosen, is not unconstitutional,
because by its term such act is made
applicable only to cities and towns of
two thousand Inhabitants or more.
But thu same is Il general act, and as
such is applicable to all towns and
cities within the state falling within
the designated class at the time of its
passage, 1r which may do so there
after.
2. The Offise of mayor of q city or
town having more than two Thousand
inhabitants IS municipal office with
IN the meaning of such act.
5. An act amending an existing
charter of Il munIcIpal corporation
which provides that the "mayor and
aldermen shall hold their office for two
years, or until their successors are
elected and qualified; fixes the terms
OF such officers at two years Az The
term of one of su III officers is not re-
duced or changed by his resignation
of the office and the election of his sue
cessor before the expiration of two
years from the beginning of such
term.
4. An application for leave to file an
information in the nature of quo
warrantO, to inquire into the right OF
q person to hold the office of mayor of
city, the duties of which such person
is, in fact, discharg ing, will be granted
at the instance of any other person
who either claims the Office or is in
terested therein. If, however. the acts
upon which a claim TO the office is
based are set forth, and on their face
show that the claim is not we'll
ho for II
rests upon this ground, is not sus-
tainable.
8. A defeated candidate for the Of
flee, whether ne does or does not claim
the same, if citizen OF the city, had
such an interest in the Office as Will en-
title him to have the application
granted IN a proper case made.
6. Where such an application is
made by relator who predicates his
prayer on two grounds, first that the
person receiving the highest number
of votes was ineligible to hold the
office. and that the relatOr being ell
gible received the next highest num-
ber of votes, and for this reason he
claims such office; and second, that the
reIat0r IS citiZ N of such city and of
the state and county in which the
same is situated, and as such citizen
has an interest IN such office, the first
of these grounds affords no cause for
granting the relief sought. Because