Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1908-07-16
Official Organ Of Ben Hill County.
THURSDAY, JULY 16, 1908.


from certain view points. Aslz\Jake Moore if it
isn't alright
Fitzgerald Pull Out.
When business is good you arc haunted by
the bugbear of competition, if its nip and tuck to
meet expenses you can be sure of not finding new
competitors In the way.
for Fitzgerald or
The Georgia Legislature has on it's fighting
clothes in connection with the Convict question.
The result of the investigation depends largely on
the personnel of the investigating committe.
Fitzgerald
The friends of the men who are interested like
Jake Moore and others will have something to say
before the legislature aboishes the convict lease
system. They may not say it in public, but it
will. be said often and earnest
Pull TO Fitzgerald
The present legislature is expected to pass q
bill that was introduced at the first session of the
Legislative body to provide for the represen ia
tion of Ben Hill county in that body.
1t deveIopes that there will be opposition to
the passage of the bill, because as the cOnstitu-
tional lawyers say cts unconstitutional. "
A careful investigation DEVELOPS the fact that
there does exist conflict in the constitution; for
instance; the constitution says emo new counties
shall be created" Civil Code 1926. In 1904 that
section of the constitution amended so as to
read '"There shall not be more than 145 counties
in this state" In 1906 the same section was
amended so as to read 'There shall not be more
than lao counties in this state, provided, how
ever that in addition to the counties provided
for by this constitution, there shall be new coun-
ty laid out from the counties of Irwin and Wilcox"
describing the boundaries of Ben Hill Then
the constitution provides that the House of Rep
resentative shall consist of 175 representatives.
Section 6774 which was amended in 1904 to read.
sThe House of Representatives shall consist of not
more than 1873 representatives" 1t also provides
that six of the largest counties shall have three
representatives each twenty six of the next largest
population, two representatives each; AND THE
REMAINING COUNTIES SHALL HAVE ONE
REPRESENTATIVE EACH, That includes
Ben Hill.
When the Constitution was amended in 1904
so as to permit the creation of eight new counties
Civil Code Section 5747 was amended so as to per-
NIT representation in the House by these eight
new counties. But Section 5749 was not amended
although it contained the provision that ''IN NO
EVENT SHOULD THE AGGREGATE NUMBER
OF REPRESENTATIVES, BE INCREASED"
These new counties are now permitted repre-
sentation.
So it would appear that Ben Hill county is as
much entitled to representation as any of the new
counties at least the other eight have claim SUI
perior to Ben Hills.
These six counties having the largest popula
ton are clearly entitled to three representatives
each, thereby making eighteen representatives The
twenty-six counties having the next largest popu-
lation are clearly entitled to two representatives
each, thereby making fifty two representatives If
you stick to the letter of law the remaining counties
only furnish 113 representatives. But after pro,
viding for the six largest counties and pro-
viding for the twenty-six next largest, you
have one hundred and fourteen counties remaining.
Each of these one hundred and fourteen remaining
counties is entitled to one representative accord
ing to the plain letter of the law Shall one of the
one hundred and fourteen counties be denied seat
because there are one hundred and fourteen repre-
sentatives and only hundred and thirteen
places for representatives? The mathematics Of the
Constitution is clearly at fault, if you stick to the
letter. why should Ben Hill be the county to be
denied representation 1t is as much a county as
any other in the class of counties made up of the
one hundred and fourteen that fall neither in the
largest class nor in the next largest class
Evidently it would be better as the Legis
lataIre proposes, to provide for an additional
amendment to the Constitution, to straighten out
ze complications or inconsistencies, butwheather
& r,ropoSedor not Ben Hill Unjust and