The Savannah morning news., 1901-01-07
COMMISSIONERS ALL RIGHT.
LEGAL OPINION SEEMS TO BE THEY
ARE FULLY QUALIFIED.


In the Judgment of Members of the
savannah Bar the Failure OF Judge
FerriII to Attest the Oaths He Adj
ministered to the Commissioners,
Does Not ATect Their Standing.
They Have Complied Fully with
the Requirements of Lnw-Cbair-
man Dale Says He Does Not Know
what to Do-.It's "a Lawyers Tam
gle and They Must UnraveI IT."
Some of the Savannah bar do not take
much stock in the contention that the
members of the new Board of County
Commissioners are not legally qualified to
discharge the duties of the office.
The doubt arose because of the fact that
Judge Ferriu had never signed the at
testation clause of the oaths he admins
tered to the commissioners. From this
omission it had been feared by some, and
County Attorney Saussy was Of the num-
Der that the qualification of the new
commissioners was not legally sufficient,
and that the old board was still the COM
missioners of Chatham county.
The curious tumble that would have fol-
lowed this condition of facts was widely
discussed. The Commissioners are re-
CURED by law TO qualify before the Or
binary, and no one else, and by the death
Of Judge Ferrill the office is left vacant
If they are not legally qualified they
cannot appoint an Ordinary ad interim
and. with no Ordinary there is no Off
Ger before whom they are authorized to
take their oaths of office
1t was an amusing situation, and it was
freely discussed among those who take
an interest in politics. Among the law
yers, however, it was generally agreed
that the fear was not well-grounded and
that Commissioners Dale, Moore, Latin
rop Vetsburg and Paulsen, are as much
Commissioner of Chatham county as any
body of men ever have been.
81 don't think there is any doubt what
ever about the matter" said a prominent
member of the bar. THE law says that
the Commissioners shall qualify and take
the oath before the Ordinary of the county,
and this they have done. The signature
Of Judge Ferrll to the attestaion clause
Of the oath would have been the highest
evidence of the fact that it had been
I taken but it would not have been more.
The fact that he did not sign does not
destroy the principal fact that the oath
was taken. This can be established by
other evidence.
IN my opinion the Commissioners have
compiled with every requirement of the
law. They have taken and subscribed the
! oath OF office before the officer whom the
| law designates for that purpose, and
there is nothing more for them to do.
"Why. suppose that the Ordinary. after
the oath was taken in his presence, should
refuse to sign.-would that prevent the
Commissioners from taking their seats and
| discharging the functions of their offices?
! think not. Suppose he should sudden
ly be stricken with paralysis or become
non compos-would this misfortune, hap
pening to him, deprive them of the right
to discharge the duties of the office TO
which they have been elected? ! think
not, either.
IN addition to all of this, the Commits
sioners have already discharged some or
their duties. They have met and organ
lied and elected a chairman and a wee
| chairman of the board. They have thus
| become de facto officers, and in my opin-
| ion they are commissioners de 1ure also.
! AS l said. / don't think there is any
! doubt about il.
/ chairman j. j. Dale said the question
| is one for the lawyers and he did not
! feel that he could determine 1t. The
hoard will have to be governed by events,
he said. .and it will doubtless wait until
| if is satisfied of its right to act before
proceeding with the election of an ordi-
nary, fixing date for the election TO iill
! the unexpired term of Judge Ferril, or
appointing the other county officers whom
it has a right to appoint"
The first regular monthly meeting OF
the board will be held Thursday afternoon,
but it is proposed to hold a meeting on the
afternoon before. At this meeting, it Is
understood. the election of a county at
! torney. a clerk of the board, a county ply
| stefan, a superintendent of public works
and roads, a county engineer, and jan
itor and custodian of the Court House
will take place The result of these cleo
lions has already been forecasted in tho
Morning News and there seems no rea-
son to change the predictions that have
been made.
Chairman Dale laughingly suggested,
as a method of avoiding all difficulties,
that the old end new board get together
and both of them name the Ordinary for
the ad interim term. The Ordinary, so APP
pointed, could then qualify the new Board
| of County Commissioners and that body
would then be in a position to call an
election.
THE only trouble about the PLAN
said the chairman. SIS that the two
boards would be almost certain to name
different men and the result would be
greater confusion than exists now. It's
a lawyers tangle ana they will have to
unraVel it,"
1t is not believed that there is any
doubt as to the status of the County
! Commissioners, but that the members of
/ the new board are legally in office