The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-07-08
TYFY MIGHT MANDAMUS HIM.
.,,orrO THE GOVERNOR REFUSE
ro ISSUE THE COMMISSION.

commissioners Could Take
no Matter Into the Courts in Case
Wr. sirnISlns' Commission Is Not
,,.r,,,coming-WOuId Bring Into
inns Question the Offices OF
,,,py others Who Now Hold Com
,.sious in the Army-The Govern
tov BE Heard From To-day.
.rt,raamus the Governor" is what a
-, Known lawyer remarked yesterday
T.. accusing the question of the vacancy
,-.,.~sd by the County Commissioners in
- hoard on account of the departure
- commissioner T. Newell West as a
,,.r.sraDt in the United States Volun-
teers.
And indeed, the suggestion has been
oo,suerably discussed around the court
house MS a proper course in case Gov.
,+sirz5n should hold to his former decis-
~, and refuse to issue a commission to
~. NJ D. Simkins as County Commits
sioror 10 take the place left vacant by
Commissioner West.
Trs Morning News gave yesterday an
oc,oant of the correspondence with re-
-sr3 to the matter, and the views of
county Attorney J. r. Saussy to the eff
that under the circumstances, 1t is in
che power of the board to declare a va
o,oev are probably before the attorney
general and the Governor before this
time. A letter was written at once in re-
rlv 10 the letter from the Governor refus-
mo tbe commission. 1t was stated in this
letter that while the acceptance of a com
mission in the volunteer army did not of
itself vacate a civil office, it was an oc-
casion for declaring a vacancy, and that
Wa the ground on which the commission
ers acted.
There is a section of the code which
saws that abandonment of an office and a
failure or refusal to perform its duties,
makes the office so held vacant, or makes
It necessary that a vacancy be declared.
This section could well apply to such a
case though under the circumstances, the
commissioners of course, had no desire to
nut il on that ground feeling that they
had other laws which would cover the
case just well.
should the Governor now refuse to is
sue commission to Mr.. Simkins, so that
the vacancy may be filed, it is not at all
improbable that mandamus proceedings
would be instituted. Whether 1t would be
done in the Superior Court of Chatham or
Fulton county is a question, but the mat
ter would come up in one of the state
superior courts.
This idea of a mandamus raises a most
interesting question in which numerous
civil officers in all parts of the state will
be Interested. The volunteer army has
taken along with it solicitor generals,
Judges, county commissioners and, in fact,
officers of all kinds in the civil service
Of the state. They secured commissions
IN the army through the appointment of
the Governor, they accepted them and
they made some arrangements to have
the duties of those offices looked out for
until their return.
This had no doubt been the reason for
the stand taken by the state house Off
GERS, that the acceptance of a commission
does not require that an office be vacated.
State officers have gone off to the army
and left their offices in charge of friends of
Of some temporary appointee, feeling Sc
cure IN their possession, and having as
surances that they would receive them
again on their return.
Mandamus proceedings before a court
would cast a cloud of doubt over all this
security, and there is a possibility of its
growing out of the case of one little COM
missioner from Chatham county, whose
salary for four years is not sufficient TO
pay one days board bill.
This situation of affairs is predicated,
Of course, upon the possibility or proba
biity of Gov. Atknson's refusing TO re-
cede from his position, and insisting that
the Office Of Commissioner West cannot be
declared vacant Gov Atkinson may
chahse ms mind when County Attorney
saussy's views are presented to him, and
IN that event there would be no necessity
OF any mandamus proceedings in court.
In the event of a contrary decision on the
part Of the Governor, and the institution
OF mandamus proceedings, the offices of
o'Aers who have gone into the army. and
VINO now hold commissions from the Unit
ca states, would undoubtedly be brought
INTO question before the courts. The situa-
noh TO say the least, can be made a most
interesting one.