The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1905-05-18
SUPREME COURT DECIDES IN FA-
YOR OF MORRIS.


The supreme court of Georgia We'd
nesday morning handed down a decis-
Fio1 in the Cobb county treasurershjp
case, in which the decision Of Judge J .
H. Lumpkin is affirmed, and Judge
I. Pendleton of the Fulton superior
court, is ordered Ito have the election
superKtendents of Cobb county assem-
BILE, consolidate the vote for treasurer
and declare q Gid Morris duly elected
The case was brought to the supreme
court By B. Glover, clerk of the
COBB cousstg superior court, who has
for ysars also acted as treasurer.
In hanUfag down the decision, the
court suggests that Morris be sworn in
as treasurer and that the prolonged
controversy over the position cease.
The court also ordered the clerk to for
ward the remittur at ONCE, which is
very unusual. as remitturs are usually
held by the supreme court clerk for
period of ten days.
In his decision on the case Chief J us
| tice Simmons said
1T seems from all this that the elece
tion superintendents are strongly
averse to Morris receiving the office.
and if the clerk had failed to produce
the tally sheets and list of voters there
would have been further cause for de-
lay The order in effect only gave the
rule OF evidence that they should adopt
in case the clerk failed to produce the
papers, and, as stated, was for the pur-
pose of preventing further delay. We
think it was a wise precaution I'm
der the ruling of this court Morris is
certainly entitled to the office, and he
should not be kept out of it by pure le-
gal quibb!ing, as resorted to in the
present case. While Morris may not
have not been the man that "a majority
OF. the voters of Cobb county would
have selected for the office, yet mas
much as he received all of the votes for
the office of treasurer that were cast.
the law declares him entitled to the
office, and we think that the people
adverse to him should submit to the
law, however much it cuts against
their wishes; and we also think that
these election superintendent af ter
learning what the law is, should cheer
fully obey the order of the court, con-
solidate the votes for Morris and de-
clare the result according ID law. We
sincerely trust that this will be the
end of thhis controversy, however dis
tasteful the. result may be to some of
the parties.
Furthermore, no question of fact
having been raised at the proper time,
and the right to answer having been
waived at the hearing before Judge
Lumpkin, the law of the case has
been settled.
Judgement affirmed. with direc.
tions.
"All the justices concur"
Judge Pendleton fixed Saturday
May ID, at II O'Clock as the time for
the superintendents to meet and con-
solidate the vote.
Thirty-two of the "a uperintendents
met at II O'Clock Saturday and certi-
fled to the number of votes, 1876, that
Mr.. Morris received, and a certificate
to that effect was carried to the
secretary of state IN Atlanta Saturday
afternoon by Attornry N, A Morris,
and the governor issued a new COM
mission. Hon. N. A. Morris returned
on the evening train, and Judge John
Awtrey administered the oath of office
on that commission, and Mr. Morris is
now county treasurer.