The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-10
ALDERMAN SMITH DROPS OUT.
HAS DECIDED HE WILL NOT Run
AGAINST WILLINK.


cIaring Him Ineligible TO the
Ofice-The Alderman says He VIII
stick to Ills RAilrOad job in Pref
erence to Going Into Doubtful
Ffght-Text OF the city AttOrncy' :
Opinion-AIdermnn Davis Says IL
WINS Obtained at Alderman smiths
Request
Alderman John W Smith, who an
nounced in a card la the Morning News
yesterday that he would be candidate
for SUPERINTENDENT of public works, to be
filed by Council tomorrow night has de
termined not to file an application He
took this action because he would be un-
able 10 qualify according to the decision
of City Attorney Adams, even though he
were elected.
The whole affair has been somewhat in
COMPREHENSIVE The announcement by
Alderman Smith that ne would become a
candidate, in view of the decision of city
Attorney Adams, which was published
Sunday, caused his friends 10 wonder
what turn things would take if he were
elected. How he could consistently be-
come a candidate in view of the act max
ing an alderman incompetent TO hold any
other municipal Office during the term Of
the Office to which he was elected, was not
understood. Some thought the alderman
saw his way clear TO thwart the election
of MIR. Wflink, and thereby delay the cleo
ton by legal proceedings until the next
Council assumed control of the citys af-
fairs. when the objections TO his serving
might be removed by reelection.
Alderman Smith was seen at the Council
meeting yesterday afternoon by a repre-
sentative of the Morning News, and was
asked as to whether he would carry out
his intentions as outlined in the card.
Since looking more closely into the law
Il is claimed precludes my serving az
superintendent of public works, even If
elected" said Alderman Smith, Il have
come to the conclusion not to apply. The
law requires that the successful candidate
qualify the day following his election, and
as ray term as alderman win NOT have eX-
pired by that time, l find 1t will be use
less for me to run There is no reason
why 1 should run, when 1 could not legally
qualify, If elected. In addition to this, 1
have been engaged at the Central shops
for twenty-five years, and after due re-
Election, / concluded il best not to give
that place up for a political Office, es-
pecially one over which there is a ques-
ton as to my eligibility"
When Alderman Smith first announced
his candidacy many predicted that he
would win, and the opinion is still ex-
pressed that he would have gone through
in a walk against Mr.. Willink There are
ready TO support any good Liberal Club
man in preference TO MIR. Willink, who,
they claim, has succeeded in partially
wedging into the party. but who is re-
garded as one of the old-time opponents
of the Liberal Club. He has succeeded in
making friends, however and among them
is Alderman Davis, who called upon City
Attorney Adams and obtained the opin-
ion that resulted in putting Alderman
Smith on the shelf. so far as his candi-
dacy for superintendent is concerned. The
opinion, which has been the subject oil
considerable discussion, is as follows:
Alderman T. J. Davis, Esq, Savannah
Ga: Dear Sir-Replying TO your inquiry
submitted to me before dinner. l beg tc
say, that in my opinion, a member of the
present board is not eligible to a munich
pal office, which is TO be filled by an cleo
ton to be he'd on the 18th inst.
The law applicable to this question !.
TO be found in section 739 of the first vol
ume of the new code of Georgia, which
leads as follows: 'Councilmen and alder
men of the towns and cities of this statt
shall be incompetent to hold except il
towns of less than 1900 inhabitants, an,
other municipal office in said towns anC
cities during the term of Office for which
they were chosen; but nothing in this sec
ton shall apply 90 any municipal offic,
which Is filled by appointment of tn,
Mayor. Any councilman or alderman an
pointed during his term 10 any other mu
nlcipal Office shah resign before being eli
eible to enter upon the Office to which h,
has been appointed.
The members of the present board wer
elected at the popular election held TO
Mayor and aldermen on the third Tuesdal
In January. 1897. which fell on Jan. 2s. 1891
and for the term of two years, and wer
sworn in Feb. l. 1897. The terms of tn
officers to be elected by Council at tn
next meeting will begin the next day. an,
l do not think that person could b
elected 20 an Office when he is under tn
code of Georgia. incompetent to hold
at the time he is to go into office.
In the case of an Office like that o
superintendent Of public works, which wa
created at the last meeting of Council. an,
l think 1t would be competent for Coun
Gil to so change the ordinance as TO post
pone the beginning of the term until tn
expiration of the term OF the aldermen
and, in that event, think an alderman
could be elected to the office. Under III
ordinance already passed, however. mi
office must be filled at the next meeting G
Council, unless the ordinance is change
at that meeting. l think this would ais
apply 20 a position like that of sliperin
tendent of water works, because the re
cent act of the legislature as to the term
of municipal officers applied only o thos
which were at the time Of the passae
of the act elective by Council, and, there
fore, IL was that an ordinance was passe
TO embrace also officers like the superiu
tendent of public works and the superir
tendent of water works. So far as In
of1cers embraced in the act of the lecis
Iature are concerned, il is not In the powe
OF Council to make a gentleman, now oc
cupying the position of alderman. eligibl,
but so far as those are concerned whic
are covered only by the ordinance. Counc
could do this by so changing the ord
nance as TO postpone the beginning of th
term until after the expiration of th
terms Of the aldermen. Yours very trul,