The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-03-10
ASSURED HE'S RIGHT
ATTORNEY GENER AIS OPINION
HASN'T CHANGED POPE BARROW.
REDUCTION TO ABSURDlTY.
APPLIED BY HIM TO THE ONE MAN
TWO OFFICES THEORY.


igibIe to Election to the once of
Tax Collector and That Quo War
ranto Proceedings Would Es-
tabIish the Correctness of His Con-
tention-Some of the Ill Effects of
the Theory That one Man Can
Hold Two Offices illustrated by
Precept and Example.
The opinion of the Attorney General.
Notwithstanding and despite the views of
lawyers, of greater or less prominence
and longer or shorter terms of service at
the bar Mr.. Pope Barrow still sticks to
his announced conviction that Mr.. David
Wells cannot be representative in the Leg
islature and at the same time tax collec-
tor of Chatham county.
Whether Mr.. Barrow be right or wrong
in this contention, certainly he has an in
teresting way of stating the results of his
Investigations into the law. Yesterday he
gave a Morning News reporter lively
interview on the subject, in which he
makes efficient use of that method OF
logical discussion known as the reductio
ad absurdum. Mr.. Barrow said:
Offices of profit >or trust, at the same
time is as old as the common law itself.
1t has never been doubted or questioned
until now. At common law the effect
was to vacate the first office. The ac-
ceptarhce of the second Office operated to
vacate the former.
But in Georgia and many other states
INxya fa fTfa ND
effect is just the opposite. The statute
makes the incumbent of an office ineligi-
BILE to another office This is found in
Section 223 of the first volume of cur
Code of 1895.
II also note what the attorney general
is reported to have said. l doubt IL that
letter was written since his interview
published in the Morning News. 1 think
it will be found that that letter was
written before he had examined section
223. venture to assert that the Attorney
General, since his attention has been
called to section 223 of the code, will not
say that Mr.. Wells is eligible to the Of
flee of tax collector while he holds the
office of member of the General Assem-
bly,. lie is too good a lawyer to take
-
candidate for Governor himself; does any
one suppose that he Will attempt to hold
the office of attorney general and run
for Governor and attorney general both,
and try to hold both. II he does it would
be interesting to inquire how J. M Terrell
as Attorney General would advise j. M.
Terrell as Governor on questions of law.
The Attorney General is the legal adviser
Of the Governor. When j. M. Terrell as
II l1t- 14,s1
to j. M. Terrell as Governor, how will
he do it? The law says IL must be done
in writing or otherwise. Will j. M. Ter
rell as Attorney General address a COM
munication in writing to ] M. Terrell as
Governor, advising him as to the law,
or will the opinion be evolved by spe-
cies of mental incubation and uncon-
scious cerebration? The latter would GER
tainly be otherwise.
But to show the absurdity of this new
idea Of holding two Georgia offices at the
same time, suppose Mr.. Terrell should run
for treasurer as we'll as Governor and
be elected to both and undertake to hold
both. J. M. Terrell as Governor would
draw his warrant for money on the treas
ury, and ]. M. Terrell as treasurer would
draw his check and pay it. Can any sane
man suppose that such a rotten scheme
as this is contemplated by the law?
Besides coming right down to the Of
fees of tax collector and member of the
Legislature, if one member of the Legis-
lature can be tax collector from his coun-
ty then a member of the Legislature
from every country can be tax coHec-
tor in his county at the same time that
he is a member of the Legislature. The
Legislature makes the laws which govern
the tax collectors and prescribes their
duties and liabilities. What a spectacle
it would be to see the tax collectors of
Georgia sitting there in Atlanta making
laws, regulating the duties and liabilities
of the tax collectors, and passing acts re-
leasing the sureties on their bonds No
such travesty was ever heard of before
now.
Some people think that Section 223
does not apply to two Georgia Offices, but
does apply to one Georgia office ara an
other office outside of the State. This re-
duces ii to an absurdity. 1t must apply
to two Georgia offices. Suppose Judge
Falligant, while he is judge of the Supe-
rior Court should conclude to run for
ordinary and still hold on to the Office of
Judge of the Superior Court. According
to the theory of Mr.. Wells advisers he
can hold both, because both are Offices
in the State. If they are right in saying
that it applies to a State office and a
foreign office. but not to two offices in
the State then the Governor of Georgia
could at the same time hold the Office of
Controller General or Treasurer or Attor-