The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-12-25
WILL NOT GIVE UP THE JOBS.
COURTS MAY HAVE TO SETTLE THE
LAWS CONSTITC TIONALITN

Three Grounds on Which il Is Claim
ed the Act Giving the Present
Council the Right to Elect City
officials Is observation-disclosures said to
BE Determined TO Protect THEIR
Rights il These Points Are Wen
Taken-InterestingQ Questions to lie
Passed UPOn.
City Court Clerk ]. S. Collins
and City Court Sheriff T. J.
Sheftan, it is understood, do not
propose TO surrender their offices to
whoever may be elected as their success
.sors by the present City Council on Jan.
Ih1. They will probably assume the posi-
ton, by the advice of lawyers, that cleo
ton by the present Council is Illegal and
will refuse to recognize those elected as
/ their lawful SUCCESSORS or as having any
valid claim 70 the offices now filed by
them. Under their election by the previous
Council, their terms of office do not ex-
pre until one year from now. If their
contention is well based, and there are
many who believe that it is, their success
sors will be elected by the incoming Coun-
ell as will all of the other city officers.
The question of the right of the present,
or outgoing Council to elect the city Off
GERS, as well as those of the City Court,
who are now claimed to be county Off
GERS, bids fair to be tested in the courts
| and to give rise to some interesting ques-
tons. AS is generally known, the law
passed by the Legislature four years so
put the election of the city officers in Inc
| hands of the incoming Council Prior to
| that, there had been no legislative enact
ment the election being held under city
ordinance which any Council could change
| if il saw ft The present legislature put
through a bin changing the time of the
election, so that it would be in the hands
! of the outgoing Council, and making other
| changes. This law is now claimed to nave
| been illegal on three constitutional points,
| as follows;
| 1t contains subject matter in the body
which is different from that expressed in
| the title limiting It's operations to city
offices
1t contains two subject matters, affect
| ing two classes of officers, city and county.
II was passed in defiance of the consti-
! tutional provision which requires specln-
cation of the act which it is proposed 70
| alter or repeal. Repeating by Implication
| does not cover an entire act NAlCh nv PNA
| pose of the repeating act is to do away
| with that particular statute entirely
The constitution of Georgia provides that
| mo law or ordinance shall pass which re-
| fers to more than one subject matter, OF
| contains matter different from what is eN-
| pressed in the title thereof The constitu-
| ton also says that mo law or section OF
| the code, shall be amended or repealed DS
| mere reference to its utle or to the mum
3 .r.r1aa hH1
| amending or repeating act shall distinctly
describe The law to be amended or repeal
ed. as well as the alterations to be made
| The issue is now raised that the officials
of the City Court are no longer of1cers
of the city, but are officers Of the county
by virture of the law passed in the last
legislature, which provided that all othei
| expenses of the City Court snail nereatte'
be borne by the county of Chatham. ThlS
act went into effect on last April l. As
the clerk and sheriff are no longer palC
bv the city but by The county, it is helc
that they have ceased to be city officers
The reference to them in the body of tht
act. when there is no allusion to county
officers in the caption, makes the grounc
for the first two points of illegal1ty re
ferred to- The third point has been al
ready referred 10 in the Morning News
chat the original act was not repealed by
! this act, as there WAS ilO SpSNAhNeNliOAA ~
the act it was desired to repeal, and sucf
repeal cannot be made by implication an
der such circumstances.
A. A Lawrence, Esq, represents the
City Court officers. it is stated. If th'
issues raised by him are regarded by 9th
er lawyers as well based, or as affordine
ground for a contest in the courts, it il
probable that other officials whose offices
are filed by the election of other men by
| I'LL II. do, -sg
liar way of keeping themselves from be
ing ousted. The City Court officers are
the only one who would be directly bene
flied by it, as they have year of theil
original terms to their credit But the othe1
officers affected would see in it another
fighting chance to retain their jobs. BY
keeping the election in the hands of thu
incoming board they would have an op
portunity to get their friends elected C
The next Council and win out in that way
SNOW HART CAUSES DEATH.