The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-03-04
NOT LEGALLY CHOSEN
BARROW SAYS WELLS Is TAX COL
LECTOR ONLY DE FACTO.
CAN'T HOLD TWO OFFICES.
HIS OFFICE As REPRESENTATIVES,
DISQUALIFIE:s HIM.

Opinion of the Attorney General.
That the Legislature l. the Judge
of the Election of Its Members.
Correct Ms Far 1t GeeE-But It
Is Not the Judge of the Election of
Tax Collector, Says Mr. Barrow.
MIR. wells Acts As Tax Collector
Are Recognized Only by Necessity.
New Entries Into the Field Com
pIicate Election of March 10.
Hon. Pope Barrow. Savannah lawyer
of prominence and learning, says that Mr.
David Wells is not legally tax collector
Of Chatham county and never has been.
Mr.. Barrow takes the ground that Mr..
Wells was, is, and so long as he is rep
resentative in the General Assembly, will
continue 90 be ineligible to either app
/ pointment or election to that office.
This will be news to most Savannah
iens. who have accepted a. final the act
ual fact that the County Commissioners
have appointed Mr.. Wells for the ad in
term term and that he is now discharg-
| ing the duties of tax collector The at
/ torney general of the state has, too. rem.
/ dered an opinion on the subject. which
/ seemed to contain the statement that the
/ House of Representatives, as the sole and
/ exclusive judge of the election returns
| ard qualifications of its members was the
only authority that could question Mr..
| Wells right to hold two offices at the
same time. This opinion of the attor-
/ pey general was recalled to Mr. Barrow's
| attention by Morning News reporter.
! "What the attorney general has said
! is true" said Mr.. Barrow, but the House
/ of Representatives is not the judge of the
election returns and qualifications Of tax
| collector.
AT the time Mr.. Wells was elected a
member of the legislature he was quail
J fled for election TO that office, because
he did not then hold any other state Of
fee. But at the time he was chosen tax
collector he was disqualified. for the rea-
son that at that time he was a member
of the legislature.
THE opinion of the attorney general
would have been pertinent, if the ques-
! ton had arisen as to Mr.. Wells eligibili-
| ty for membership in the legislature, but
| the ullICultN Is InhL the question arises
| upon his qualification as tax collector.
| When there is a conflict between two
state Offices, it is the last one to which
! the person was elected to which the OBJ
! lection applies.
Mr.. Wells is now what is called de
! facto tax collector. That is to say he
| Is holding the office without any right
| to it in law and his acts as such are
treated as legal only from necessity.
II kFaI-
make good tax collector, but as long as
| he holds any other state office he is not
! legally eligible to thsg to which he has
| been appointed by the commissioners, and
which he aspires to fill by the election of
the people.
This is not new law" said Mr.. Bar
! rev, ANY lawyer will say the same thing
| OF course, it is no disqualification to cleo
| ton to a state Office to hold city office,
such as Alderman, at the same time. The
disqualification relates to election to
state office, when the person already holds
| another state office
THE laws of Georgia do not permit a
man to hold two state offices, any more
| than he is allowed TO have two wives at
! the same time. And just as it is the sec
ond marriage which the law declares in
valid, so il is the second office to which
man is elected which the law Vacates."
the subject indorse as correct the views
expressed by Mr.. Barrow. If their opin-
ion on the matter expresses the true
| state of the law, il would seem that Mr.
| Wells will have to resign as a member
! of the Legislature before he can become
a candidate for the office OF tax collec-
tor. Otherwise, if a majority of the votes
at the election were cast for him he
would not be legally elected.
A further pOnnDlica fiop mo-, H. e.
seen in a Northumberland rumor that
was abroad on the streets yesterday
! This was that Mr.. William Harden would
| be candidate for tax collector in oppo-
sition to Mr.. Wells. Mr.. Harden is also
one of the representatives of Chatham
county in the Legislature, and if Mr.. Bar
rows view as to the law is correct, he.
too, will have to resign before he can en-
ter the race for tax collector.
In the present state of politics in Sa-
vannah it would require thrice-distilled
| prophetic power to tell what combina-
tions and alliances will be made and
what the result of the election of Fri
day week will be. Rumor couples the
name of Mr.. Harden with that of Mai.
Screven. the one running for the office of
tax collector and the other for ordinary.
If such a combination should be formed
Mr.. Wells would probably be forced into
an offensive and defensive alliance with
one of the several other candidates for
ordinary. The wise ones say that in such
a contingency Mr.. Frank f. Keilbach
would probably be his running mate in
the race.
Meantime Capt Henry McAlpin has re-
ceived numerous Endorsements from clubs
and organizations all over the city and
Is certain to get individual support from
many sections and classes of it's popula-
ton 1t is not unlikely that he may be
the choice of the United Club. A rally
will be held in his interest at Harris
Street Hail tonight, and he is developing
strength with the conservative element
generally.
Meantime, also, should Mr.. Wells and
Mr. Harden resign as members of the
Legislature, there would be two other of
fees to fill and plenty of candidates for
them both. Indeed. for an off year. this
one is likely TO prove as interesting polit-
ically as those in the heart of the strug-
gle could well desire. Ordinary political
lines are becoming lost in the shuttle
and the fight has narrowed itself down to
question of men. solely and simply
There is not even the customary, con-
ventional conteption that anything else
is the case.
BULLET IN HIS CHEEK.
Accidental Discharge of Revolver