The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-08-25
CITY COURT OF MARIETTA" VETOED,
GOVERNOR SMITHS REASONS IN FULL.
When too Late for Opponents Protest Was Right
the People to First Vote Upon Question AwayNo
Objection to Either Mr. Clay or Mr.. Northcutt

Governor Smith Tuesday night
vetoed the bill establishing the City
Court of Marietta, which named
Hon. ]. ]. Northcutt, of Acworth,
to be Judge, and Mayor Herbert
Clay, of Marietta, to be Solicitor.
The governors objections were not
to Mr.. Northcutt or Mr.. Clay, who
are esteemed by him most highly,
but to certain defects in the bill and
to the way in which it was amended
in the Senate without giving the OPP
ponents notice or a chance to be
heard.
The bill as introduced provided
for an election by the people and
did not name the officers. 1t was
amended just before the session
ended.
Mr.. York is the representative
who joined in the petition to the gov
ernor to veto the bill.
Governor Smiths Reasons for Veto.
Governor Smiths reasons for the
veto are given in full below:
House bill 359 provides for es-
tablishing City Court at Marietta,
for Cobb County. The bill starts
the court October LIST next and
names the Judge and prosecuting
attorney. 1t provides that at the
special election for Governor, the
question shall be submitted to the
people as to whether they wish or
do not wish this City Court. If the
people vote against the City Court,
the bill provides that the court is
still to continue until January
thereafter.
The terms Of the submission to
the people provide no plan of re-
turn by the election managers, and
no machinery for determining the
result cast. 1t is at least doubtful
under the bill as drawn, if the peo-
pie voted against the Court, wheth-
their adverse vote could be made ,
effective and stop the Court.
The cases would come from it
by certiorari to the Superior Court.
There seems to be division of
sentiment in the county as to
whether there should or should not
be City Court, but l hardly think
any portion Of the community de-
sires q City Court where cases can
not be carried direct to the Court
Of Appeals.
AS the bill passed the House of
Representatives, it provided fully
for the submission Of the question
as to the creation Of the Court to
the voters Of the county, and pro-
vided that the election managers
should file the consolidated vote
with the Ordinary, and the result
should be by him declared and
made effective. The Court was not |
to begin unless the voters approved
it.
have received numerous letters
and several petitions protesting
against my approving the bill. All
the County Commissioners have
requested that it be disapproved. |
and resolutions passed by the Grand |
Jury against the creation Of the
Court have been furnished me.
Ordinarily, I do not think the
Governor should be involved in To-
cal dispute Of this character, and |
without reference to the wishes Of
| the friends or enemies Of the bill, !
would give the bill my approval,
but for the fact that a number of
reliable men have stated to me,
orally and in writing, that they |
we're told by their representative
that the bill would leave the crea-
ton of the Court to a vote of the
people. They were willing to let |
the people decide the question Of |
City Court or no City Court, and |
therefore took no steps to resist the
passage of the bill before the
Legislature. The member giving
this assurance concurs in their
/ statement.
After the bill was passed in the
House, it was amended to the Sen
ate. By request of both members
of the House, the provision creating
the Court at once was inserted and
, the provision submitting the meas