Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-09-07
VESTED RIGHT IN OFFICE.

The QUO proceedings instituted by
the deposed chairman railroad commission challenging
the right Governor Browns appontee to enter the
discharge receive of the office
viii be watched with considerable interest by the great Doy Of
the people who curious to know this strange doctrine OF
vested rights public office really subss under our form of
under the laws and which have prevailed
from the foundation of the republic.
We be accused of having any prejudces and but
preference matter since appears that for all
practical the of the commission remains the
the chief difference being that the depoed commissioner
violated his pledges and obligations to the people whereas his
appointed to membership in the face of
record hostile the port rates which, until settled in favor of
the people will be the most vital question which come before
that body
1t ought not to be to into any elaborate dis
of the question establish the fact to the satisfaction
of the reader that vested right of property office
political which the people threw
they their independence from the British
ment part of the system of hereditary honors rights and
titles which have place in the democratic simplicity of this
country.
country first of the commonwealth of Massa
specifically provided that there should be such thing
as vested right to once prlncpe whlc6 was universally
has made by decision of supreme
court of the United States and will come as surprise to most
students of law and history unfamiliar with Georgia politics that
this and Anticipated claim, inconsistent with the
spirit of the government, should be up.
BUT the question had been decided elsewhere,
the matter should be concusvy determined by the language of
the which created the office of railroad commissioner
1t should be matter of simple understand that
the authority which created the office had the to down
certain qualifications and to prescribe what the office
might be vacated Such IN TACT was done Having created the
Office provided that the governor OF the state might suspend
holder of that office and his suspension confirmed by
Of the legislature should
At the very of creating the office
delegated much of its authority the permit
him suspend of the office subject confirmation
by the Legislature ANY possible rreguariy the suspension
by the confirmation of the body which
the Office and which, indeed might abolish altogether
if it fit
Georgia legislature has the power office
the time vested right that office
which has control it becomes kind of Franken
which calls into being monster which it is unable
auxiliary force which greater than its
The creature becomes greater than the
This theory vested right in office thoroughly
that WhPr the she'd
the nuring influence of hereditary arocracy and
pmogenure, it has far passed away that the
most important office in which vested right may be said
that of earl marshal whose duties Of
the occasion of coronation not
remunerative put it in the midest
The fact of the matter is that the deposed commissioner
might well establish the feudal system here
Georgia place of representative government invoke this
of vested right in office and have fears
but what the action of the legislature will be strongly confirmed
by the decision of the court.