The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-05-10
LEAVE OF ABSENCE ILLEGAL.
THE COUNCIL WILL so INFORM THE
FIRE COMMISSIONERS.

City Attorney Adams Reported to the
Special Meeting That Both Civil
and Federal Office Can Not BE Held
in Georgia--LittIe Talk of Who the
New Commissioners VIII Dc-Be-
Iieved Some Changes VIII BE Made
in Fire Department.
AT a special meeting of Council yester-
day it was decided to notify Fine Commits
sioners Grayson and Nell, who asked for
a sixty days leave of absence on account
of their going into the army. that there is
no authority In law for such a step. The
offices of the commissioners will therefore
be declared vacant as soon as they are
mustered into the government service at
Griffin
The Council met in caucus in the Mayors
Office a l O'Clock and without discussing
the matter at any great length, went into
public session. Mayor Meldrim stated
that he had received letters from Com
missioners Grayson and Nell as follows;
II am about to leave the city FOR service
in the army The indications are that I
fore ask leave of absence for sixty days.
If the war continues any considerable
length of time will, of course, resign"
After the letters had been read Mayor
NIeldrim stated to The aldermen that he
had been advised by City Attorney Adams
that there was no authority for granting
such leave of absence or continuing the
| commissioners in the service Of the city
| after they had been mustered into the
| government service. His remarks were
brief, the occasion demanding nothing fur
Their than a mere statement of the right
Council had to take the action requested
| by the commissioners.
Alderman We'll introduced the following
resolution covering the reply to be sent
the commissioners;
Resolved, That as Council is advised
it has no power to grant a leave of alb
! sence to the fire commissioners for the pur-
pose indicated that letter to this effect
be addressed to them at once" Without
any discussion whatever the resolution
was unanimously adopted and after hav-
ing been in session but about ten minutes
the board adjourned.
1t is stated the action is not from polit-
ical motives. The law sited in the report
sent Mayor Neldrim by the city attorney
in answer to a request for an opinion on
the question, is 10 the effect that no one
! can hold a civil office in the state of Geor-
! gia and at the same time an Office under
| the United States government, from which
| an emolument is received. There is one
exception however, in the case of post
master Other law was cited supporting
the position taken by Mr.. Adams aside
from statutory enactments, which at once
satisfied Council that his opinion was cor
rect
Speaking about the resolution after the
meeting, Mr. Adams said there was abso-
lutely no feeling in the Councils action, 1t
! being clearly position the law bound the
alderman in their oaths to take, even
though it had been against their closest
friends. He said the offices of the two
commissioners will not be vacant, how
ever, until they have been mustered into
service. When notice of this is received
il becomes the duty of the Mayor to name
other commissioners 10 fill the vacancies
within thirty days, his nominations, of
course, being subject to confirmation by
| Council.
Few candidates for prospective vacan-
cies are yet being discussed. AS the mayor
has a month In which to look around for
those whom he thinks best fitted to fill the
positions, it is not probable he will act
with undue haste. 1t is said that while
there can, of course, be no understanding
with the future commissioners as to their
policy still the lines the administration
has heretofore unsuccessfully endeavored
to follow will be looked after now in the
selection of men whose inclinations and
| sympathies are well understood by coun-
Gil. The desire is to place the Council at
the head of the city government and not
the commissioners, and It is said the as
surance of this and permanent harmony
between all the departments will be found
only in men who will acquiesce in Coun
CHS wishes to some extent
alderman Smith was seen in regard to
the effect a new commission would have
on the present organization of the fire de-
partment. All along It has been believed
one Of the first to go would be Chief Ma
gure, but this opinion does not seem to I've
shared by the entire board. Alderman
Smith said: Il am not inclined to think
Chief Mcguire will be removed unless for
good reason. He win now have chance
to show whether or hot he is willing ia
act in accord with the administration, In
which case I do not believe he will be dis
placed as long as he does his duty
to the satisfaction of all concerned. There
may not be a wholesale decapitation OF
fremen, but 1 believe several changes Will
be made az soon as the new commissioners
take charge of their Offices. Many good
men were recently dismissed whom,
believe were efficient and should
have their positions restored tc
them In case the complexion OF
the commission is changed which
now seems altogether probable, the only
thing expected from the fire department
; is that every man perform his full duty
and raise the service from the range OF