The Dawson news. (Dawson, Ga.) 1889-current, 1909-09-08
MAYOR UPHOLDS WEIGHER
HOLDS THAT CITY WEIGHER OR
DINANCE HAS BEEN VIOLATED.
No One But Regularly Elected City
Weigher Can Charge For
Weighing.

Mayor Marlin rendered a written
decision Monday afternoon in the
case of Mr.. H. O. Thornton, who was
charged with violating the city or
dinance by weighing cotton for the
buyers and charging for the same.
Under the decision of the mayor
no one has the authority to engage
in business as public weigher in
the city and charge for his services
except ]. H. Oxford, who was elected
to the office of public weigher by the
city council.
Mr.. Thornton was fined $40 by
the mayor. On the advice of his at
torney he is continuing to weigh cot
ton, and the matter will doubtless be
settled in the state courts.
Following is the decision of Mayor
Marlin in the case:
City of Dawson VS.. H. o. Thorn
ton, charged with violating section
264 of the Code of the City of Daw-
son.
In the above case | find upon ex-
animation of the old charter of Daw-
son of 1888, Sec 5: "The Mayor
and aldermen shall have power to
elect marshal deputy marshal,
or other police officers, also a city
physician, city attorney, if they
deem it necessary and proper, and
any and all other subordinate Off
GERS that they may think the best
interest of the city demands; to de-
fine their powers and duties, etc.
Section of the same charter pro-
vides: That the mayor and alder
men shall have power and authority
from time to time to make, ordain
and establish bylaws, ordinances,
rules and regulations, as shall to them
, appear necessary and proper for the
| security, welfare, convenience and in
terests OF the said City of Dawson,
and the inhabitants thereof, and for
preserving the health, morals, peace,
order and good government of the
same, and not inconsistent with the
Constitution and laws of Georgia"
| The general law to be found in
volume l of the Code of Georgia.
1895, section 1905, provides that:
The corporate authorities of all
cities and towns may make such fur
ther regulations for the weighing of
produce of all description, including
fees for weighing as in their judg-
ment may tend to effect the objects
of the foregoing provisions, ETC."
1t appears that City Council of
Dawson under and by virtue of the
above provisions of it's charter of
the year 1888, and under the provis-
ions of the Code of Georgia, as above
set out, did on the 3rd day of Au-
gust, 1901, pass an ordinance known
as Section 264, which is as follows:
No person shall, for money or
any other valuable consideration, or
| by employment as a hired clerk, or
by agreement between buyer and SELL
er of cotton, or in any other CAPACITY
or manner, act as or perform the du-
ties of public Weigher, or in any ca
| paclty weigh cotton, or other produce
in the incorporate limits of the City
OF Dawson who has not been legally
elected to the Office of public weigh
er by the City Council, and filed his
| official oath and bond as required
by the laws of the city. Any person
who violates the provisions of this
section shall, on conviction, be fined
| IMAM
fifty dollars, orr confined in the guard
house, or both, in the discretion of
the Mayor. Provided, that no pant
of this section shall be construed or
apply to any regular employed weigh
er of any of the various warehouses
or public gins of the city weighing
cotton or other articles for storage
! in the sam -
Section 81 of the new Charter of
Dawson provides: THAT all ordi-
nances of the City Council of Daw-
son existing at the time of the adop-
ton of this charter and not repug-
nant thereto, shall be of full force
and effect until the same be altered
modified or repealed by the CITY
Council of Dawson, and that all Off
GERS of said city heretofore elected
shall fill their Office and the term
thereof to which they were elected
unless removed therefrom or sus-
pended as herein provided"
From the above existing laws it
appears that the City Council of
Dawson has the authority to elect a
city weigher and make regulations
for governing his official. conduct and
regulating his compensation and nro-
viding punishment for others ner-
forming the duties of the office in
Iviolation of the same.
1t further appears that the new
Charter of the City of Dawson does
mot abolish this office, but specially
Iprovides that all officers heretofore