The Montgomery advertiser., 1909-07-07

49, . iI...tI = Il 3 tf
the State forbids member OF the
Legislature holding another once
while engaged as a law-ma ker. There
ie no doubt that the montgomery Sem
ator can hold without molestation his
senatorial Job until Aug. l or for five
days of the extra session which has
been called to assemble July ~. But
AFTER that some say be must surrender
enc or the other, senatorship or tax
eoliectorship. In order to be qualified
Tor either.
The friends of Mr.. reasiey say that
vee aG to When Ss no canr
legislators in extra session. He thus
could not decide whether 1t was better
to resign and let the Governor call an
election or TO hold on as Senator on the
superstition that the session might come
and be ended by Aug. I, the last day
when tax collector can qualify. Thus
he has held to this Office, but the Gov
ernor swung to his club and has wield-
But there is Supreme Court decision
which may cure the complex situation.
1t seems that under the opinion in the
qualification for the office of tax coliec-
tor until the extra session Is over. 1t
Is given as the Interpretation Of able
lawyers in Montgomery that the ruling
reaches this exigency. and that quail
ification as tax collector within rea-
sonable time after Aug. 1, will be per-
missibie under the law.
\ InGs 0RlnlOn TcIeEItu To ID DY COln-
oidence that, in which q city clerk Of
Montgomery figured. That officer held
over for about q year until his success
sor qualified. After the expir ton OF
committed rmalfeasance which appa-
! rently called for action on his sureties
The sureties set up the plea that they
were not liable because they signed
the bond on understanding that 1t APP
piled for the term for which the officer
had been elected.
The Supreme Court, which mad to
| pass on the question. decided with the
sureties, but laid down a dlctum, not
yet disturbed, which made the holding
| over IN ONCE legal IT for a reasonable
| time under the circumstances of the
case. In the case at bar. 1t seemed
| that the circumstances were not suffi.
cient to Justify holding over longer
| than the current year. In which the
de jure term ended. The intimatior
was. II seems, that there had been
| Of the calendar year under the circum-
| stances the tenure would have been
good.
It is recognized that the actual dutie.
.sureiy here are circumstances" said
o prominent lawyer yesterday, where
a hdinf over 81 sas r
| stands as the representative of one Of
the largest counties in the state IL
the upper House OF the Legislature
He can be of more benefit to his count,
| In that capacity than as tax collector
| where probably his work will be oni,
| nominal. Proceeding on this principle
| do not see any reason why the GOV
ernor can Justly declare a vacancy II
| the senatorial ONCE should Mr.. Teas
| ley try to continue as Senator aftel
| August l."
Senator Teasiey 10 reputed to be on
| OF the most stable and staiwart of thu
| anti administration portion Of the Leg
| islature. His force and aptitude es
| lens Of the State government, are sal,
| to threaten the Governor with embar
rassment, and for this reason he woul.
| as soon see Mr.. Teasley out .-of OF
| fice. 1t is said that the matter will
ultimately be put up to the Governor