The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-13
THEIR OFFICES CONTESTED.
COLLINS AND sHEFTALL TO FIGHT
FOR THEIR JOBS.

]
Accepts the Prima Facie Evidence
and swears in the New Omcers-It
Is Now Sheriff WheIan and Clerk
Russell.
It viii be City Court Clerk Waring Rus
sell, Jr., and City Court Sheriff Edward
J. Whelan. who will attend upon Judge
| Norwood this morning when the criminal
docket is called. Friday is criminal day
in the City Court and the new officials
Will gain an insight into an important
branch of their work. They will not be
al new faces however, which viii con-
front the old offenders, who come before
the court this morning. Ex-Deputy Clerk
! Robert i. Colding will assist his success
sor, Mr. Eugene Constantine, for few
| Gays, until the latter becomes familiar
| with the workings of the office, and Depu-
ty Sheriff John H Willink win be in his
place as usual, having been selected by
Sheriff Whelan as his deputy and was
| sworn in yesterday to serve for the ensu-
ing two years.
As is well known the new officers of the
! City Court are not to be allowed to hold
their offices without a contest. The old
| incumbents claim that their terms of Office
viii not expire until Jan. l, 1900 and pro-
ceedings to establish this claim have al
| ready been begun. The transfer yester-
day, however, from the contesting incum-
bents to the newly elected officials was
conducted without the slightest friction,
and nothing occurred in the whole pro-
/ cedure which would give the slightest in
| tmaton that there was any ill-feeling be
| tween the parties a to their right 10 Of
| flee. The parties on both sides evidently
looked upon the matter as a legal ques-
ton to be determined by the courts.
After being sworn in with other newly
| elected officers al the city exchange,
Alessrs. Russell and Whelan proceeded to
the court house. Each was equipped with
| a certificate from Clerk of Council w. p
! Bailey that he had been duly elected TO
the office of sheriff and clerk respectively
and that he had taken the oath of office
| prescribed by law. Each was accompanied
by his intended deputy, Mr.. John H. Will
link accompanying Mr.. Whelan, and Mr..
! Eugene Constantine accompanying Mr..
Russell. Entering the court house at the
Bun street entrance the parties separated,
| Mr.. Russell and Mr.. Constantine proceed
ing to the office of the clerk of the City
Court, on the right of the corridor, and
Messrs Whelan and Winink going up to
the steps leading TO the offices in the rear
of the City Court room.
Mr.. J. S. Collins, who has held the po-
sition of clerk of the City Court for the
last three years. and Mr.. r. L. Colding,
his deputy for the same length of time
were in the clerks office, as was also Mr..
A. A. Lawrence, the attorney for Messrs.
Collins and Sheftall. The newcomers
were pleasantly greeted and Mr.. Russell
presented his certificate of election to Mr.
| Collins. The latter saw that it was In
proper form and then reminded Mr.. Rus
sell that he would have to take the GA tn
of office before Judge Norwood, and that
the proper step for him to take was to
present his certificate 10 Judge Norwood
AZ the city sherff's office Mr. Whcian
| was cordially welcomed by Sheriff T. J.
Sheftan and it was evident that the two
claimants for the sheriff's office were on
the best of terms. Messrs. Russell, Con-
stantine, Collins, Colding and Lawrence
came in shortly after and the whole party
proceeded to the City Court room
The certificates were handed to Judge
Norwood, who glanced over them and an
nounced that they certified to the election
Of Waring Russell. Jr., and Edward J.
Whe.an as respectively clerk and sheriff
of the City Court. Judge Norwood said
that he understood that Messrs. Collins
and Sheftall wished to make some state
ment as to the position which they occu-
pied in reference to their relations to the
court.
Mr.. Lawrence, as the representative OF
Messrs. Collins and Sheftall stated that
they would contest the title of the parties
presenting the certificates to the Offices
for which they claimed to have been elect
eds For the present he said, it was mere
~ a matter of whom the court would re-
cognize. Whoever should be recognized by
the court his clients would submit, merely
entering a formal protest for the protec.
ton of their legal rights.
1--WE claim that the act under which
these gentlemen have been elected was
unconstitutional" said Mr. Lawrence
land that the term of four years for
which Messrs. Collins and Sheftal were
elected has not yet expired"
THE verdict of the court said Judge
| Norwood, is that these certificates come
from an authority in which is vested the
power to elect two officers of this court
The certificates are in proper form There
is no judicial question before the court and
this being the case 1 feel it my duty to
recognize the prima facie aspect of the
case TO swear in these officers, and to rec
ognize them as such until the question as
| to their right to hold Office may have been
; judicially determined"
z The oath of office was then administered
l by Judge Norwood to Mr.. Russell as clerk
and Mr. Whelan as sheriff. Mr. ]. E.
Constantine was then sworn in as deputy
clerk and Mr.. John H. Wnlink as deputy
I sheriff
Before taking a second oath required by
the constitution of court officials. which
requires the atlantis to swear that they
< are not holders of any public money un-
accounted for, nor holders of any public
office of this government or any foreign
government or state, Mr.. Russell remark
ed that he was a magistrate of this coun.
. ty and state. Judge Norwood replied that
/ this did not come within the intent of the
act. and the oath was administered
After having been sworn in, a formal
demand was made upon the new officers
{ by their predecessors to surrender then
{ their offices which was, of course refus-
s ed. QUO warranto proceedings to compe
S the new officials TO show by what right
3 or title they hold their Offices had already
I been prepared by Mr.. Lawrence They
had not been sworn to before a notary
however and so We're not filed until after.