The Savannah morning news., 1903-02-01
IS ILLEGAL ELECTION?
Military MEN AND LAWYERS SAY
TOMORROW NIGHTS ELECTION.
FOR FIELD AND LINE OFFICERS
II NOT AUTHORIZED BY THE MILL
TARY CODE OF THE STATE.

dressed 10 OenerAI Rob-
ertson, Asking by What Authority
He Ordered the Election Was For
varded Last Night-COngressma
Lester Does Not Think the EIec-
ton Would Be LegaI-Opposite
view Taken by Capt. w. w. Cor
don, Jr.
If the contentious of some military
officers in Savannah are correct-and
they have been pronounced so by
prominent lawyers who have made a
study of the law applicable to the
case-the order calling for an election
Of field and line officers of the Georgia
State Troops, tomorrow night, is il
legal, and the election so held will be
void. The election of company officers
is acknowledged to be within the pur-
view of the statute.
The question has been quietly agi-
tated for some time, and one officer,
becoming so convinced of the illegal
iry of the order for election. took oc-
casion yesterday to consult not less
than a half dozen attorneys. 1t was
the opinion of all of them that the
orders are in conflict with the provis-
ions of the military code of the state,
and are therefore of no effect. and
that elections held in pursuance there
to will be void.
Adjutant General Advised.
A letter written by a member of a
law firm in Savannah
forwarded last night to Adjt. Gen. Rob-
ertson, in which communication the
adjutant general was asked by what
authority he issued the orders for cleo
ton In addition to the opinions of
several members of the local bar, it is
said, on authority, that Congress-
man Lester, when approached on the
subject a short while ago, gave it as
his opinion, that the election of officers
under the order would be illegal.
For a clear understanding of the
point made, it is necessary to give the
text of the order of the adjutant gen.
eral, issued Jan. l, 1908, Section 1 and
Of this order, which relates to the
election proper, are as follows: In
accordance with Section 50 of the mil
itary code, all commissions in force
Feb. l, 1903, expire on that
unue to perform the duties of
their several offices until their
successors are elected or appoint
ed and qualified or until they are es-
pecially relieved from duty.
All elections will be held on Feb. 2,
1903, for all field and line offices of
regiments battalions and companies of
I
Colored, as. provided in Section A of the
military code and special instructions"
Elections for Field and Line officers
1t is contended that by the language
Of Section A. under which the election
IS ordered, the electors for field and
line officers are the conaaai ssioned Off
Gers of the regiment, which officers,
according to the provisions of Section
80 have no commissions after Feb. l,
on which date their commissions ex- 4
pire, and, therefore. have not the right
to vote in the election, thus leaving
no one qualified to vote for the fed
and line officers. The election, of field
and line officers, it is then submitted
and contended, cannot legally take
place until the company officers elect
ed by the enlisted mem qualified.
Section q of the military code pro-
vides that ION the first DAY of Febru
airy, after the passage of this act all
commissioned officers of the military
forces not herein provided for shall be
honorably mustered out of the service
OF the state; provided that the present
adjutant general and the aides-de
camp and military secretary appointed
since Oct. %, 1902, may serve out the
term of their present commissions"
Acted without Authority.
There is nothing in the military code,
say the lawyers and others who argue
the illegalty of the order, which au-
thorized the adjutant general to or
der. as in Section /, heretofore re-
ferred to, that officers will continue
to perform their duties until their sue
cessors are elected and have qualified
The military code specifically provides,
say they, that the commissions of all
officers, except the aides de-cdmp and
adjutant general shall expire on Feb
l, and there is no qualifying clause or
section, and nothing to justify the or
der of the adjutant general.
Section 35 does provide" said an
officer, in discussing the matter last
night, that the commissions of staff
officers of regiments, battalions and
light batteries, medical officers and
Pharmacists included shall be vacated
upon the commission and qualification
of new commanding officer, unless it
is the express wish Of the command
ing officer that they continue in force,
but said staff officers shall perform
the duties of their Offices until their
successors are commissioned and quail
lhed;' but that refers clearly to APP
pointive officers and not to field and
line officers
AS a matter of law, if it had been
intended, in the absence of any pro-
visions to the contrary that the Off
GERS should hold over, there would
never have been this special provision
made for the staff officers. 1 have
been over the military code from be-
ginning to end, and l find not word
which provides for the officers of field
and line to continue to hold Office, or
exercise their right to vote after they
have been mustered out of the service
of the state
Capt. Gordon Thinks Order Valid.
Capt. w. w. Gordon. Jr., who is
himself both a lawyer and a military
man, and therefore in a position to
judge the matter from both points of
View, was asked his opinion of the al
legged illegality of the law. Without
making a study of the code, further
than that with which he was already
familiar, he said that it was his opin-
Ion that the orders of the adjutant gem
eral were in conSonance with the pro-
Visions of the military code.
Section SO settles the matter to my
mind,' he said. ut is there provided
That the term of office shall begin on
the date of the election or appointment
70 office. and the date from which an
officer takes rank shall be the date OF