The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-01
THEY WILL NOT GIVE THEM UP.
COUNTS WILL HAVE TO pass ON
Tue CONSTITUTE IONALITN OF
THE LAW.


v Loevcr Is Elected Chrrk and sher-
81 os the city Court VIII Have 10
Fight TO Get the ONO .s-LaVVyers
Elsewhere Have been Consulted
and Agree That the law Is De-
fcctive Insomuch A. II Applies to
These OmecS-The Course That the
Case " III Probably Tn<e.
Ii has been finally decided that neither
of the city Court officers. whose places
may be- declared vacant by the city Coun-
eli and their successors elected on Jan. II,
viii surrender their offices when the
newly elected clerk aud sheriff make their
appearance at the court house. When
those who are elected by the City Coun-
ell come to the court house they viii be
refused control Of the offices. the records
VIII not be turned over to them and they
win not DE permitted 10 assume the duties
of the offices to which they will claim TO
have been legally elected.
Both Clerk Collins and Sheriff Sheftall
will stand on the advice given them by not
only local attorneys, but by some eminent
lawyers in other parts of the state, who
are not connected in anyway with Savan-
nah politics, and who have been asked 10
consider the bill passed by the Legislature
strictly with the view of determining its
coustituti0nalty in reference 10 these two
Offices. These lawyers have agreed that
the clerk and sheriff of the city Court are
not city officers but county officers, ana
that the law cutting short the. terms of
the present incumbents as city officers ana
providing for the election of their success
sors on Jan. II is invalid in so. far as it
refers to them. Acting on this advice
they refuse to be ousted by the city Coun-
ell, ana it will take a decision of the Su-
preme Court of Georgia against them to
force them to give up their places.
Il was stated yesterday that whoever
may be elected by Courcil will have to
institute quo warranto proceedings in the
Superior Court. No matter which way
that court decides there would be a super
cedeas taken to the Supreme Court. If
the higher court sustains the contention
of The incumbents that the law ousting
them is illegal they win remain in office
until January, 1900, when their terms ex-
pire. This would give the Council to be
chosen next month the privilege OF elect
ing their successors.
If the Supreme Court should decide adj
Vcrsely to Messrs. Collins and Sheftall
they would have to vacate their offices
As this might be a matter of several
months after the election of their success
eors by Council there would be an inter
esting question involved as to their right
to retain the fees paid them during this
interim 1t is minated that civil pro-
ceedngs could then be instituted to recov-
er all these fees from them on the ground
chat they had illegally held the offices
and deprived the lawful officers of their
emoluments.
1t can be put down as an assured fact
that the Offices will be held until the
courts have passed on the questions in
volved. 1t is not believed though, that
the original claim that the entire law is
Illegal and that none of the city officers
can be elected by this Council will hold
The only contention that Is believed to
have a groundwork to stand on in law is
that the clerk and sheriff of the City
Court are county and not city officers.