The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-02-02
FOR FIELD AND LINE.
REGIMENTAL. BATTALION AND
COMPANY OFFICERS OF STATE
TROOPS
WILL BE ELECTED TONIGHT.
sIXTY-THREE COMMISSIONED Of
FICERs TO BE CHOSEN IN
SAVANNAH.

Commissions OF All OmceEsf EAtfpA
Governors Aides-de-Cnmp, En-
PRED Yesterday-QuestiOn of H.
legality of Orders for Election
widely DIscussed-SOme Say Point
Is We'll Taken, Others That Luz
dicrOus Construction OF the stat
ute is Not Permissible.
An election will be held tonight for
all field and line officers of regiments,
battalions and companies of the land
and naval forces, white and ColOred,
in the state. All commissions, except
those of the aides-de-camp of Gov.
Terrell, expired yesterday.
The officers to be elected in Savan-
nah tonight are: In the First lnfan-
try, a colonel, a lieutenant colonel
three ma jors, six captains and twelve
leutenants: in the Guards, a major
four captains and eight heutenants; in
the Georgia Hussars, captain and
two lieutenants; in the Chatham Ar
tillery, a captain and three lieuten-
ants; in the Third Division Naval Mi
utia. two Heutenants and an ensign;
First Battalion (colored, a lieutenant
colonel, four captains and eight lieu
tenants; in the Savannah Artillery
(colored), a captain and three lieuten-
ants.
Polls Open Two Hours.
The polls will be open at the First
Regiment armory from $50 to 1920
o'clock p. NJ; at the Guards, from to
1890 and at the Hussars, from to IL.
Those entitled to vote in the election
are the field and staff officers in COM
mission to-day. While the commits
sions expired yesterday, the adjutant
general, in his general orders for an
election, ordered that officers continue
TO perform their duties until their sue
cessors are elected and qualified.
1t was this provision in the orders
that a number of military men in the
city have taken exception to, saying
that the military code provides that
the commissions shall expire on Feb.
l, and that the adjutant general can
not provide for their continuance in
office. Even those officers who think
that the order is authorized by the
code. and that the election held under
it will be a valid one, say that the
point raised is a nice one.
settled by statute.
But" said an officer of rank in
speaking of the matter. there is no
doubt in my mind that the question is
settled in a section of the statute out
side of the military code. In my exam
ination of the military code l find moth
ing which either authorizes or prohib-
its the issuance of such an order. But
it is the law of the state of Georgia
that, in general, all public officers shall
hold office until their successors are
elected This law l think applies here"
Another officer while occupying the
view that the orders were legal. said
that he hardly thought that the pro-
vision relative to the continuance in Of
flee of public officers would apply.
II think it would be stretching It
little" he said, ito cal1 a commissioned
officer in the military a public officer.
The point raised is one which is we'll
taken, though 1 do not think. after the
application of well known principal
of law, it is very tenable. / admit that
/ can see nothing in the statute which
authorizes the continuance in office,
while the code specifically states that
the commissions of these officers expire
to-day and they are mustered out of
service.
Reasons for Election.
1.-The reason for ordering the cleo
ton on the I'd, instead of the 1st is
obvious. The 1st is Sunday. There
is a well-defined maxim of law
which says that in constituting a law,
the intention of the maker shall con-
troll where the language is capable of
double construction; and a plausible
construction of the law is given pref
erence to one which is ludicrous The
Interpretation sought to be placed on
1t is little short of ludicrous, for it
would result in what might be called
a military inter-regnum between the
time that one officers commission ex-
pires and the time that his successor
qualities"
Other officers of high rank were
asked their opinion as to the legality
of the order. Many of them preferred
to give no opinion, in view of the fact
that the question has been referred to
the Adjutant General. Most of the
officers were of the opinion that the
orders were within the purview of the
statute, but said they had not made
a close enough study of the military
code, in connection with other proVi-
sions, and the order itself, to express
an opinion.
1T looks like a good point" said
one officer last night, but it won't
amount to anything. 1t may be that
it will result in change or addition
TO the present statute. The election
will be held, and 1 don't suppose the
legality of it will be attacked. The
point, / understand, was merely raised
as a matter of interest, and not with
any intention of attacking the result
of the elections"