The Birmingham age-herald., 1909-08-10

of man from Savannah, or at least no representation on the commission and has not had in years. The name most prominently mentioned in this connec- tion Is that of Judge A. B. Moore of Savannah, a weIl-known business man. and chairman of the Chatham county commissioners.
 But whoever is appointed will have hold upon a doubtful office for some months at least and perhaps as long as year.
 The signs of a stubborn and persist ent litigation over the possession of the office arc already apparent. They were well indicated In the efforts made in the senate to get on the senate journal the fact that one member of that body ig- nored the governors charges and voted for removal because of the bond deal. which did not figure in the message of Governor Smith.
 But it is now generally reported that MT. McLsndon has employed firm of prominent Atlanta attorneys for the pur- pose of fighting his case in the courts. Suit Will Be Filed. -
 It is said he will bring either quo warranto or injunction proceedings to prevent his office being taken from him under the legislative action on the ground of its unconstitutionality, and 1t is pos sible this may have the effect of sus- pending the functions of the governor s appointee until the points at issue are de- termined. In that case the commission would continue work with four members. This status, however, will depend much on the view of tbe matter taken by the courts
 So far as known there is no new fact or argument outside of those which were presented in the two branches of the legislature when the McLendon fight was on that will be brought to the attention of the courts. The legal aspects of the case were threshed out on the floors of both houses by members who are ac- knowledged leaders at the bar of the state.
 It will be contended that the only way in which Mir. McLendon could have been legally removed was by impeachment or by abolishment of the office which he oc- cupies; that he, has been deprived of his office, property right without fair trial and without due process of law; that the legislatures action was, in effect bill of attainder which Is contrary to the constf- tuition of the United States. Other points elaborated during the legislative discus sion will be brought to the attention of the courts and the progress of the case will be watched with great deal of interest.
 Importance of Case.
 Owing to the great importance of the case, involving the question of the title to an office of consequence and one whose functions must be constantly ex- ercised, 1t Is the general belief that the litigation will be pushed through the courts as rapidly as possible It Is like ly the litigation will be instituted im- mediately following the adjournment of the legislature in the superior court of Fulton county, after which 1t will be carried to the supreme court on fast bill of exceptions which will mean an early decision from that tribunal.
 Ordinarily such litigation would re- ouire eight months to a year for its de- termination, but 1t is possible to put 1t through to a final decision by the first of November. and in this case effort will no doubt be made to that end.
 MT. McIendon still had four more years to serve as a member of the railroad com mission. He had bought him home in Atlanta and prepared to make this his permanent residence.