The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-05-18
FIREHEK LOOK FOR CHANGES
MAYOR MELDREsE WILL xAMF xEu
COMMISSIONERS T0-xIGHT.

Taeant-ChEef MzxwEre Thinks
General ChzE@e gxozEz Iz54re the
Department
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s0znllg News y=ster8zy. stadzz that Z
Es9lscs cozzlsz5azer there hal baer grant
"a ln3ennIts leave q zassnae 10 q int
rns Uri-a8 States army. so-re thoazht
CRY Attorney Aazzs possibly rnissou-
str.s1 liz Lax IL zdTszznz he 19ayor hat
coIzsH hsd 20 suthoEfty % grant .Esszrz.
cEaysou ard 8seI sixty dsFz lezTs q
a5seles. Mr. ADAMS wzs seen 5y & Morn
Ing SeEH rsDressnEatiTs and asked coz
cerul1g the natter Re said he knew
n9thAng q whst Ess berg done IN Aslau-
a 4 IRE way @ granting c5tv oEzeazls
leave = shsznce 20 20 INTO t1s 9a5zrzI serT-
iee, b1t ths law prohl5s1e5 such actf1u a.
oordlrg 70 his interpretation. The fos
loving latter. when cssar.v dsEues his 10
ssElo1 Or the matter. was ssnt'ay Mr. AS-
ans II reply 20 ire Mayors request fox Al
opiEson:
7 an II receipt Of your favor Of this
aatss eneaosSrg tEo IeEzers from sEeszrx
Grayson ard Mel. IRE commissioner
iz which you proPound 70 ne certain qE1as-
t5o1ss which I beg n0W 70 answer
= In ny op1u5Oz you have 70 pozer
70 grant t1@ leave. Of ahsence asked for
- taese ganEleraeE- They ask a leave
q absence for sixty days Ia
tHe recent case brooEht bv Their
sgainst the Mayor ard aldermen
o. ire city o Savannah. the Supreme
Court held that they are municipal hers
o. the city q Savannah Under the or5ln-
ances q the city, Il they were going away
for any ordinary ard temporary purpose
when the absence Is 70 BE- prolonged BE-
you'd thirty days. the permission Of Coun-
ell is required. and the Mayor is not al.
tDgriZed 10 give such permission. C1Ee-
Do1e.Fs Code. Sec r3z1 II appears roz-
ever. from their lette-s, thai they have
left TIE city for servfce in the Unfted
States army. and this fact raises another
objection 70 the granting q the permis-
sson
Answering your second question. as TO
whether the Mayor ard aldermen have
euch power. beg 10 say that. under the
Code Of Georgia, vol J. SEC. %. par. T.
among the persons Ineligible 10 hold any
civil Office in this state. are those hold
ing any Office Of profit o. trust under the
government Of the CGitsa States other
than thzt Of postmaster ana it is also
provided in this section. thar the exist
eace o. this fact IFS sufficient reason for
vscsting any Of5ce held by such perso1.
In sec. -. par 7. II providing wh=n
efnces IL this state are vacated il Is
stated that they are vacated By the Il
cumbent abandoning the ONCE and ceas-
ing 70 perform its duties. or either" IN
ire case reported in 8 Ca $50, under q
section OF ire Code whscnf gave the or
binary the authority to supply. by appoint
msnt, al vacancies IN county Offices. the
right Of the ordinary TO eli the
Office OF treasurer, by appointment. when
the Office Vas vacated. vas recognized.
ard the decision Is inconsistent with the
idea that il first requires the judgment
OF a court.
Under the authorities. tire acceptance
Of any Office. the duties OF which are n
compatible with the duties Of another
office ipso facto. vacates the irst Office,
and the authorizes apply this principe
Specifically 20 the ease Of the of5ce-hoIder
voluntarily enlisting in the military ser
vice o1 the United States.
In my opinion. therefore, the Mayor
and aldermen have not power 10 grant the
leave for the purpose stated in the let
ters Of MesErs. Grayson and Nell
Answering your third question, I beg
10 say that. In my opinion, under the au-
thorities. the Ofice becomes vacant as soon
as they enlist n the service Of the United
States government. am not advised
that. 81 point OF fact. these gentlemen
have as yet been mustered in. but nv
opinion Is that. as soon as they are ara
engsgs 70 serve the United States. then
t~.lfra fefFa