The Dawson news. (Dawson, Ga.) 1889-current, 1897-02-24
KELLY OR ROBY?
ACKNOWLEDGEMENT WANTS IN
FORMATION FROM ORDINARY.
Intimates That Judge ROby Will Hold
Over. Ex-AttOrney- General
Anderson His Guide.

The squabble over thu Office of justice
of the peace of the Third district has
grown in dignity, and is now receiving
the attention of and puzzling the heads
of state at the executive department
in Atlanta.
The question now is, does the law au-
thorize special election in the event an
election is not held on the day regu-
larly set apart for it?
On the answering of this depends who
will hold the courts at Chickasawhatchee
for the next four years-Judge Sam Ro-
by or Mr.. j. H. Kelly.
Ordinary Roberts, who ordered the
special election that was held the 9th of
this month, has received letter from
Attorney-General Terrell in which. he
states that the question growing
out of it had been referred to
him by the governor. Mr.. Terrell
requests Judge Roberts to write him all
the facts about the election, and intimates
that Judge Roby will be allowed to re-
main in office for another term, basing
his opinion upon one given by exAttOr-
ney-General Anderson. Mr.. TerrelPs
letter is as follows:
ATLANTA, Feb. 17.-Judge J. W. Rob
erts, Ordinary Terrell County, GA,
Dear Sir:-The governor has just referr-
ed to me the papers in the matter Of the
special election for justice of the peace
of the 909th district in your county, to-
gether with letter calling his attention
to the fact that there was no vacancy in
the district at the time you ordered the
election. l write to ascertain from you
the facts as to the matter, and also as to
whether there is a comm ssioned notary
puOlic in the district. The practice in
the executive department for a number
of years has been to consider that there
exists no vacancy where there was
failure to hold the regular election, pro-
vided that the incumbent did not resign
and the office was not declared vacant.
Your authority to order an
election arises when there is no justice
in tAe district-this includes commits
stoned notary public, and when there is
vacancy. This rule of the executive de-
partmens, [ understand, from Major
W oiiChS bAC 10 UdSCu ut>Du al
opinion given by Attorney General An
ders9n. [ also call your attention to
section 1872 of the code, which declares
that all officers should continue to dis
charge the duties of their offices until
their successors are commissioned and
qualified. Yours truly,
u. NJ. TERRELL"
Judge Roberts has sent the informal
ton requested to the executive depart
ment, and the wise meu at the head of
affairs in Georgia, after due thought
and careful elaboration, will come to a
decision as to who shall be justice OF the
peace of the 909th district, g. NJ.
In the meantime Judge Roby is serene
ly holding the fort, confident that the
decision will be in his favor, while Mr..
Kelly thinks that the 1atterng vote
given him at the polls entities his
name to be written in commission
without delay and forwarded in due
form.
Mr. Kelly was in the city Monday, and
said that if necessary he will appeal to
the courts for possession of the Office to
which be has been elected. It is now
his Intention to apply for mandamus,
and if the lower court decides against
him he will appeal to the supreme court,