The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-12-04
TREASURER OF COUNTY
COUNTY COMMISSIONERS CAN
NOT CREATE IT.
OPINION or ATTORNEY GENERAL WALsER
Office Mas Abolished in 1892 by the Msgis-
trates and Can Only be Re-sstabIished by
Them. No Machinery for
Calling Them Toge,htr.

1t is bad enough to run for an office
and get beaten, but TO run and get elect
ed and then find there is no such office
is worse.
How great must be the runners" dis
appointment, how poignant his grief, es-
pecially when he's Populist and the
place for which he's hustling is moth
ing less important than county treasurer.
In Sampson county last summer
man named Turner announced himself
a candidate for the office of county
treasurer. AS the campaign warmed up
Turner gradually rose TO the high pres
sure point. Now political enthusiasm
blazed at fever heat and Turner hlazed
with il. Then election day came--a day
fraught with fears and hopes. As the
battle of ballots ragged good news came
up from remote precincts-good news
for the house of Turner.
As the sun set Turner's triumphant
election was beyond all question, and he
went down to his house n proud and
justified man.
But with the gray of morning came
grasped his hands III congratulation but
in the same breath they Informed him
that it was an empty honor they had
bestowed upon him: that no such office
as county treasurer existed and he was
as far from relief as ever.
In grief and disappointment Turner
turns to the Attorney General for adj
vice and consolation. Here's what he
gets, and his last state is worse than
the first:
I'm reply to your letter of this date l
will say that the election of n person
to an office which does not exist, or in
which there is no vacancy, is nullity
(Rhodes VS.. Hampton 101 n. G.. 629l.
incline to the opinion that the board of
county commissioners are not authorized
to restore the office of county treasurer
While justices of the peace do not act
in corporate capacity, as they form
erly did, still it would seem that the pow
er conferred upon the board of the JUS
tees of the peace by section 76S of The
Code, of the abolition and restoration of
the office of county treasurer, may still
be exercised by them. | do not under
take to say by what procedure this can
be DONE If they still have the power
of re-estabishing the office of treasurer,
as I think they probably have, this
right may be exercised any time. you
will understand this is my individual
opinion about the matter about which You
write. as j am not authorized to give
official opinions except to State Off
Gals"
1t appears from Turner'S letter. above
referred to. that. after finding he had
been elected to an office that did not ex-
list Turner appealed to the county com
missioners to restore the office. They
agreed to do so in case it were decided
by proper authority that they had power
to do so. In the event of their doing so
they were to elect Turner to the office
at their meeting tomorrow.
The Attorney Generals opinion, how
ever. knocks that plan into a cooked
hat, for he decides thar the county
commissioners have nothing to do with
the matter and only the magistrates of
the county can restore the office, as
they took it away. And the trouble
with that course is that there is no
machinery known by which the magis-
trates can be called together, being no
longer body corporate.
In counties having no treasurer the
sheriff is ex-offcio treasurer Of the
county The office of treasurer in Samp-
son county was abolished in 1892.