The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1905-02-16
COUNTY TREASURER
COMPLICATED AFFAIR,
The Supreme Court. the
Governor and the Or
binary Differ.

Matters get more complicated as to
the status of the County Treasurer, and
as to who is the officer entitled to nan
die the money of Cobb county.
AS is we'll known, Mr.. j. Gid Morris,
in the October election, was candi-
date for that office, claiming that the
legislative act consolidating the offices
OF Clerk of Superior Court and County
Treasurer was illegal. He received 1913
votes for that office, and Mr.. J. B.
Glover received a large majority for
both offices.
The election managers refused to
consolidate the vote received by Mr.,
Morris, claiming :here was no such Of
flee. He contested, and Judge Lump
kin, of Atlanta, in an opinion, claimed
the act was legal. An appeal to the
Supreme Court was made, and that
body declared the act unconstitutional,
and ordered that the election managers
reassemble and consolidate Mr.. Morris
vote. 1t took ten days for the remittur
to be returned to Cobb Superior Court.
In the meantime, that court was adj
journed, and the second Monday in
March is the next regular term.
Judge John Awtrey, last week, APP
pointed Mr.. Joe Abbott as Treasurer to
fill the vacancy existing until the court
decided the matter.
Last week Mr.. Morris asked Governor
Terrell for his commission He declin-
ed as he had not received a certificate
Of election from the Secretary of State.
Mr.. Cook said he could not certify, as
the election returns declaring Mr.. Nor.
ris elected treasurer had not been re-
ceived by him.
Mr.. Morris attorney, Hon. n. A.
Morris, went to the secretary's office
and got certified copy that the pre-
cinct returns gave Mr.. Morris 1893 votes
for treasurer He presented this to
Governor Terrell, who, after consulting
the attorney general. issued commits
sion to Mr.. Gid Morris as treasurer,
with an order from Governor Terrell to
Judge John Awtrey, Ordinary, to swear
Mr.. Norris in as treasurer of Cobb
county.
On presentation of this commission
and order the Ordinary declined to do
so, claiming that the Governor had
travelled ahead of the courts, and he
had an official duty to perform as we'll
as the Governor,
Judge Awtrey says: Governor Ter.
rell has his duties to perform and so
have I, and if he wants to get ahead of
,, the court and violate his official duties,
that is no reason I should follow him.
/ refuse to administer the OATH"
Mr.. Morris had a bond for 500 600
from d security company. Mr.. Joe
Abbott, the present temporary treas
urer, was required to give bond of
sos ,0CO. The same will be required of
Mr.. Morris, as there is more money to
handle now than in years gone by.
1t devolves upon the Ordinary to ap-
prove or reject the bond, and the law
requires the oath shall be recorded in
the Ordihary's office.
The Ordinary thinks the Supreme
courts order must be obeyed to the
letter by both himself and the Cover
nor, and that the decision of the Su-
preme Court must be made the judg-
ment of Cobb Superior Court, ordering
the managers to meet and consolidate
the vote, and there the matter stands
in a complicated cordition.
Mandamus proceedings to require
the Ordinary to administer the oath
will probably be instituted.