The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-06-10
WANTS A NEW COMMISSIONER.
COMMISSIONER KEHOE CONSIDERS
THERE IS A VACANCY.

Produced the Code of Georgia, and
Says the Law Specifically States
That Man in the Employ of the
Government Can Not Hold Civil
Office in Observation-Disclosures Dale
said There Was No Vacancy Yet,
and He Declined to Take Any Ac-
tiOn-COunty Attorney Saussy
Looking the Matter Up.
The County Commissioners held what
would have been a most embarrassing
meeting yesterday afternoon, had it not
been for the action Of Commissioner Kehoe
In bringing up the matter of the absence
of Commissioner T. Newell West
The few small matters on the docket
had beea disposed of and the bids for
county supplies were about to be taken
up when Commissioner Kehoe said:
Before taking up the bids I think We
should go into this matter of the vacancy
ON the board"
Il didn't know there was a vacancy"
Chairman Dale said.
Yes there Is vacancy, according to
the laws Of Georgia." Mr.. Kehoe replied
land expected you to make an announce
ment of it,
There is no reason why 1 should do
that" Chairman Dale replied, "since no
vacancy exists"
Commissioner Kehoe held that vacancy
did exist, according to the state laws, on
the ground that no man holding posi-
ton under the United States, in or out of
the army, with the exception of postmas-
ter could hold civil office in Georgia.
Mr.. ]. r. Saussy, Jr., who was present
to represent the county attorney, said that
he had not yet made UP his mind on the
point in question. Mr.. Saussy had been
IN conference with the attorney general
ne said. In other parts of the state the
law has been construed literally Leaves
OF absence have been granted to certain
officers who have gone into the volunteer
army, and the authorities have not in
CURED into what they were doing during
such absences.
Chairman Dale said he had consulted
the county attorney about the matter and
mad been told by him that no vacancy
exists. Mr.. Kehoe said the county at
torney told him little different He told
MIN, he said, that the chairman had asked
whether the board was obliged to declare
a vacancy under the circumstances
The sections of the code applicable to
the matter which Mr.. Saussy has been
studying in that connection were then
produced and read. Section 223 of the new
code speclhes persons not qualified to hold
clViI Office in Georgia, and paragraph 4
OF that section has this language:
Persons holding any Office of profit or
trust under the government of the United
States (other than that Of postmaster or
OF either of the several states, or of any
foreign state"
Section 229 of the code provides the man
ner how and when an Office shall be de-
clared vacant Paragraph of that sec
tlon says: by abandoning the Office and
ceasing to perform it's duties, or either"
Under this law Commissioner Kehoe
thinks that Commissioner Vests action
IN entering the army makes his office va
cant. AS the commissioners are compelled
to fill vacancy within thirty DAYS. he
considered that the matter should be at
tended to at once as twenty-eight DAYS
nave already expired since Mr. West went
Mr.. Kehoe said there were only two more
days left and he wanted some action TAX
en- at once.
1T may be competent for us to declare
a vacancy" said Mr.. Dale. but do not
see any necessity for 1t. There Is no va
cancy now, and 1 do not see why we
should go into the matter"
The other commissioners gave their as
sent to this position by their silence. and
this of course sllenced Mr.. Kehoe. 1t is
probable however. that the matter viii
be heard from again.
Another matter brought IN bv Mr. Ke-
hoe, and which was discussed at some
length in caucus, was the fact that the
supplies ordered from Jas NJ Dixon & Co.
recently were short by one sack of oats
fifteen sacks Of corn and one bale of hay
when they reached the camp Mr.. Butler
the clerk in Mr.. Chaplin's office saw the
material loaded but according to the re-
ports of the quartermasters' at the camps
there was a shortage when 1t arrived
there, Mr. Kehoe said. He wanted the
matter investigated The other members
of the board thought 1t should be inves
ugated too, but they thought it should be
referred hrst to Supt. Chaplin, and 1t
finally took that course.
The bills from the officials of the civ
Court for the month Of May were not ap-
proved. They have been referred TO the
county attorney, who has been requested
to look over them and see whether the
charges made are legitimate and whether
they are due by she county.
A petition was received from Messrs
Henry Solomon & Son asking the commits
sioners to pave a road connecting The
Ogeechee road with Estill avenue either
through Best or King street. Tho petition
was received as information.
Three petitions for relief from double
tax were referred to the chairman of the
board with power to act
Contracts for supplies during the ensu-
Ing quarter were awarded as follows: Cen
eral supplies, James NJ Dixon &, O.
fresh beef. M. j. Hodges; fresh bread,
Fred Schwarz; wood Brown Bros. coal
D. r. Thomas, and shoes, tho Globe Shoe
Company.
MELONS TO ARRIVE u1On.v