The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-08
NO ALDERMAN is ELIGIBLE.
ORDINANCE COULD BE CHANGED,
But 1T is TOO LATE.

: - 10 AOC
by Unanimous Consent of Council
Alderman Smith Might be Made FL
igibIe for Election to the superin-
| tendency of Public WOrLs-But
That Il Out of the QuestiOn-AIder-
man Davis Stated to Have Got an
Opinion From the City Attorney
Fully Covering the Question.
! Alderman John Smith will not be the su-
/ perLntendent Of public works; neither will
| he be superintendent of water works nor
sheriff Of the City Court. He has been
mentioned as a candidate for each of these
/ places, but he is not eligible to either OF
! them or to any other office that is elective
| by the City Council, and the term of which
| begins before Mr.. Smiths term of Office
| as alderman expires
All doubts in this connection have been
set at rest by an opinion. which is under
stood TO have been rendered by City At
! torney Adams at the request of Alderman
| 7. j. Davis. Alderman Davis could not be
| found last night, but the statement is
made that he requested the city attorney
TO pass upon the eligibility of an alder
man for election by Council to a city Of
flee. The conclusion reached by Mr..
Adams, after careful study Of The law was
! that no alderman is eligible, or can
become eligible by resignation before or
after the election. The seventeen DAYS of
the aldermanic term which remain after
the election next Wednesday night are
the barrier.
The state statute provides that no alder
man in a town of over 1000 inhabitants
can hold an Office, elective by Council,
! during his term of Office as alderman The
new law covering the election of certain
city officers provides that the terms of
Office shall begin on the day succeeding
the election, which is set for the first
regular meeting in January This law.
however, does not cover che office of
superintendent of pubic works. or those
which were under the commissions.
! lhese Offices, at the time of the passage
! OF the act, were not elective by Council:
| that OF superintendent OF public works nor
! even being in existence. They were ac.
cordingy provided for in an ordinance
Wnich concerned to the law and set the
| date for their election az the first MEETING
| IN January and the terms of office to begin
at once ~
The state law referred to would prevent
an alderman from being eligible for e.ec-
ton as clerk of Council. city treasurer
health officer, city engineer harbor mas
ter, city marshal or clerk or sheriff of the
City Court. The ordinance since passed
renders ar alderman ineligible for anv of
the offices covered by it, such as snpar-
intendent of public works, chief of police
cnlei or hre department, SUPERINTENDENT
of water works etc
The city attorney is understood. in noint-
| ing this out, TO have held that an aldo
man can not qualify during his term
LOT any office elective by Council. AS the
state law and the city ordinance mol.
all city officers assume their duties .he
DAY after election there is no elective
once Tor which an alderman can ouau-
| ~ a man not qualified to fill an office
as PROVIDED for by law, cannot be con-
sldered eligible for election to it.
Ihere Is but one way, 1t was further
SHOWN IN which an alderman could be
| made eligible for any of the offices +ba
election to which is provided for by tbe
new ordinance, and is not covered bv the
state law. That would be to so chanpe
the ordinance as TO allow the term of Office
TO begun after the expiration of the alder
| manic term say on Feb. l. If the ordi-
nance were amended by Council so that
| 'HS tSth OF the superintendent of public
works would begin on Feb /, or any later
date, then Mr. Smith, or any other alder
man, would be eligible for election to II
as he would not hold the office until his
term as alderman had expired and there
would be no conflict with the state law
on the subject. This would of course
also apply 10 the office of superintendent
OF water works, chief and assistant chief
of the police and fire departments
| ie no OEa
change of the ordinance The election is set
for next Wednesday night To make an
alderman eligible it would be necessary to
introduce the amendment to the ordinance
on the same night read II the second time
and put 1t on its passage by unanimous
consent of the Council
OF course, no one suDposes that
the aldermen who are friendly to Mr.
Horny W!llnS or Mr.. II. Nj. Lotion as can
didates for Office, would give their consent
to the immediate passage of an amend
ment intended to knock those gentlemen
out by making aldermen eligible for cleo
ton.
The aldermen are strictly out of it. If
the matter had been thought Of a month
ago, Mr. Smith could have been made
eligible and might have waged a sue
cessful campaign for a city office. But If
is too late now.
Alderman Smith cannot oppose Mr.. VIII
INK, and II remains to be shown that there
viii be any candidate to contest for The
supSrntendency with him. Mr. John Nor
rissey is spoken Of but as he is believed
to be assured of a state inspectorship. il
iS somewhat doubtful whether he viii on
ter the lists.