Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-05-11
TREASURER'SO OFFICE
CLOSED FOR 10 DAYS
NO WARRANTS WILL BE DRAWN
DURING THIS TIME-GOVER-
NOR SMITH TO APPOINT Sue
CESSOR.

Governor Smith has yet given no indi-
cation as to whom ne will appoint 10
I'LL the office OF treasurer. which the
death of Captain Robert E. Park leaves
vacant. e..
For ten days the treasury will be clos
Ell under the law, while the comptroller
general advertises that on the next day
after the conclusion OF that period ne
will formally take over the books and
records of the deceased officer, to audit
them. This procedure is followed in or
der that such representatives OF the in
terests OF the deceased as desire to be on
hand. may attend the formal taking over
OF his official effects.
And for days after that, possibly for a
week or ten days after, the treasury
will still remain closed, transacting no
business, while the comptroller audits the
accounts.
So for possibly as long as three weeks,
and maybe longer, the treasury Of the
state OF Georgia will keep its doors clos
ed No warrants will be honored. no
checks drawn. nothing taken in on the
records. till the audit is complete. Then
Captain Parks successor, II he has been
named in the meantime and is ready. will
take over the office and the fiscal bush
ness of the state will be resumed.
. The conditions are without precedent.
No treasurer has died in office before in
Georgia
Governor Smith has general authority
under the constitution to appoint new
treasurer. No specific provision is found
in the law to cover the present case.
There is no special provision in the state
law for filling vacancies in the offices Of
state treasurer. comptroller general. at
torney general or secretary of state.
Those were once appointive. offices at the
disposal of governor and when they were
made elective no provision was made
for filling them in case of death. So the
general authority of the constitution must
be accepted by the governor.
Under that authority, Governor Smiths
appointee will continue I'm office until
his successor is duly elected and quail
fies.
That is taken TO mean that the APP
pointee will remain in Office during the
term TO which he had not qualified, and
could not have qualified till the legisla-
ture meets and formally announces the
results of the election. r'-,
But that Interpretation is questioned.
BY some the law is held to be that Gov
ernor Smith cannot appoint substitute
for Captain Park to serve during the
fun term upon which the deceased officer
had not even entered. Under this view,
Governor Smiths appointee would serve
definitely only until the results OF the
election of last October are declared by
the incoming legislature, and after, that
would serve conditionally until success
or is elected and qualities. 80
In. its last analysis, the whole situation
is up to the legislature. Its interpreta-
ton will govern. If the legislature sees
III. it can, order a special election. but
that would cost the state small for
tune Or It can formally accept the
goeernors appOintee as substitute tor
the elected and deceased treasurer Or u
can leave the matter in statHudue, there-
nv permitting Governor Smiths appoin-
tee TO serve until after the. next general
election In october, 1910, and until the
successful candidate. in that election Is
formally announced by the 1911 lesisla-
ture ...'-