The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-12-24
TRYING TO BREAK THEIR PLAN.
EFFORT TO STOP COUNCIL FROM
ELECTING CITY OFFICERS.

Legally RepeaIed-CaptiOn OF
Present Bill said Not to EmbOdy
the subject Matter.
An interesting bit of gossip went the
rounds yesterday to the effect that an at
tack would be made on the constitutional
ity of the bill recently passed by the leg
islature fixing the time for the election
of city officers. If the alleged flaws are
established. the entire plan for choosing
city officers will be changed, and instead
of the present Council electing them for
the next two years. they win be elected by
the coming board.
Leaders of the Conservative Club are
apparently concerned in the attack which
it is understood may be made. Their in
tentions are not yet known, though the
bill and the points to which 1t is under
stood they viii except have been quietly
discussed for the last two weeks. When
seen yesterday concerning the bin those
known to be Interested did not deny that
action in this direction had been contem-
plated by those opposed to the present ad-
ministration, but they declined to discuss
the bill. The wadding had evidently just
been placed in the gun, and none Of those
Interested were ready to pun the trigger.
There seems to be two points which the
opposition will urge against the bill as
fatal faults. One is that the caption does
not embody the subject matter, and for
that reason, is unconstitutional; the other
is that an act passed in 1894 giving the
new Council the right to elect its own
A..
act, because the repeal of the former is
not referred to in the caption of the bill.
Which objection 1t is intended TO rely
upon, or whether either of them will be
urged, are questions which those inter
ested decline TO talk about.
In discussing the matter, however, one
man said; 1T will be remembered that
under the McDonough administration an
act was passed through friends of Mr..
Myers, then a candidate for Mayor. giving
the new Council the right to elect its own
officers. This act is in full force to-day,
or at least, it has not been constitutionally
repealed There is nothing in the caption
of the present bin which indicates that it
is an act 20 repeal an act entitled, etc as
is required. Whether there is anything in
the contention remains to be seen, but it.
would seem the act lacks what is ineor-
porated into others of its kind"
Up to the time the law giving the new
Council the right to elect its officers was
passed, il had been the custom to elect by
the outgoing Council But the Citizens
Club desired the change made, as it was
believed by It's leaders that 1t would win
out in the fight for control of the city
and il would then be in position to reward
a4s, .,f r,rtf Il,
office who would be in harmony with the
administration.
The position that the present act is I'M
constitutional, is based on the require
ment thai no law shall be repealed by
mere reference to 1t in a bill. but that its
repeating act must specifically set forth
and describe the act to be repealed. 1t is
understood they contend that as there
was an act passed two years ago on this
subject. the recent act fixing the time for
The election of city officers is uneonstitu-
tional because it did moi regard the con-
stitution in specifying and describing the
former law it was intended to repeal
They may urge, for this reason, that the
former law, allowing the new board TO
elect its own officers, Is in full force and
effect.
When this state of affairs became known
to certain of the present city officehoders,
who are by no means sure of reelection,
they were hilarious over the hope of get
ting into a free-for-all fight While they
may consider their chances of reelection
poor with the present board, they would
have more prestige from which TO draw
II the election is by the new Council, and
for this reason they would not be averse
TO aiding any move in the direction indi-
Gated. With some il is conceded the race
viii be close. but with the shift that would
come from a spirited election. things might
change enough TO make it a walk-over for
those who now have gloomy show for
success.
The bill II is proposed to attack has not
Vet been published but there are a few
scattering copies to be found. A Morning
News representative secured one yester-
day. the text of which is as follows:
"A bill 20 be entitled an act to fix the
time for the election of all city officers
row elected by the Council of the Mayor
and aldermen Of the city of Savannah e
provide for the terms of such officers. &c
terminate the terms of those now in OF.
flee and for other purposes.
Section l. Be il enacted by the genera
assembly of the state of Georgia. THAI
from and after the passage of this acl
the election of all city officers of the city
of Savannah now elective by the Coun
cil of the Mayor and aldermen of ths
city of Savannah. including the clerk anC
sheriff OF the City Court of Savannah
shall take place on the first regular meet
ing Of the said Council in January, bien
niaily.
The terms Of the officers thus electes
shall begin on the succeeding day and ex
tend for two CO years thereafter and un
I'll their successors are lawfully electe,
and qualified
Sec. 2. Be It further enacted. Tina
The terms of the said present city officer
OF the city OF Savannah. including tn
clerk and sheriff OF the City Court Of Sa
vannah, shall expire Immediately fter IN
first regular meeting of the said Counci
in January, 1899, and the said incumbent
shall have no right or authority to hol
their respective offices or to discharge an
OF the duties thereof after the said regu
Tar meeting.
Sec. 3. Be il further enacted. Tina
any vacancy in any of the said office
which shall occur after the regular eiec
ton hereinbefore provided for may n
o. hnf lnE