The Dawson news. (Dawson, Ga.) 1889-current, 1912-05-29
LIVED THE TRICK TOO MUCH
- TWO-YEAR APPOINT
|Vl''o -,rs ARE TURNED DOWN.

10y General Holds Former
kahe A''ol- ,oner Exceeded AuthOr1-
Conllll nd in Effect Violated Law
" H.NTrA-When former COM
Ar raS of Agriculture T. G. Hud-
bisslono- ,tod a lot of oil inspectors
on apr ,acancies caused by reslgna-
III and gave them commissions
ions 30 Years instead of for the IN
ROr WV rms of five or six months
Sprea .rs from the opinion of At
@pp General T. S. Fielder, just
OFpsy he played one political
HEX too much ,..,,, oaoo of
. If friends by broadcasting state
p'A' .r3mants. regardless of state ex-
ppY commissioner Hudson ap-
sns s 70 have gone somewhat beyond
Sa aI hounds when he sought to out
vs'L srccessor in Office by filling
~ ~ 81 vacancies with two-year APP
wv thereby making it i'm
,sIo as he doubtless thought, for
0's' enccessor to make these ap-
w. .a,+s when the regular terms
Expired. ssoo+ 90 tho
r;,,or ont nv Attorney Cen
Yr r FeIder, in which, while he
aTls the position that the appoint
-, NAV hold for the unexplred'
a,s or until October / next, the
~, &c clear on the subject that such
continents can be made only for
'ta rnoxnired term" and, regardless
:, +ba order and commission issued
!, Mr. Hudson, the two-year ap-
,,o,c+ments are void and invalid.
The opinion of the attorney gen.
oral was rendered in the case of M.
In Tilley. an Atlanta furniture deal
a. ond q resident of Edgewood, who
was appointed by Mr.. Hudson to fill
+be vacancy caused by the resigna-
lion of Shelby Smith, we'll known
nolitician of this city.
Mr. Smith resigned on April 20,
inst six days before Mr.. Hudson went
mt of office, and, although his
+orm avnired on October 1 next, Mr..
TilIey was appointed for two years,
or until April 25, 1914, notwith-
standing the fact that the law on the
subject, found in sections 1900 and
1901 of the civil code, as quoted by
the attorney general, says:
IT any vacancy shall occur in
any of the offices of inspector OF
oils the vacancy shall be filled by
the commissioner of agriculture for
the unexpired term"
When Commissioner of Agricult-
ure J. J. Connor discovered that the
Tilley appointment and half dozen
others had been made by Mr.. Hud-
son in direct violation of the law,
ne took the matter up with the at
torney general and asked if as the
result of such violation the appoint
ments were not void. Mr.. Conner
took the view that Mr.. Hudson, hav-
ing made an illegal appointment,
there was no appointment at all.
What Mr.. Fielder Holds.
Mr.. Fielder holds that the fact of
the appointment of Mr.. Tilley and
the others similarly named and COM
missioned for two years shows that
they were the choice of the commits
sioner for the unexpired terms.
On this ground he decides that
they are entitled to hold the offices
during the period of the unexpired
terms, or until October 1 next, but
that they cannot hold under the law
beyond that time. 1t is the law
which fixes a term, Mr.. Fielder says,
and not any order or act of the COM
missioner.
1t is apparent, therefore, that
commissioner Hudson attempted to
put certain political friends into Of
nee for terms much beyond that to
which they were entitled, and that,
under the view of the attorney gen.
eraI, ne has failed in the accomplish
mem of thic nnd