The comet. (Johnson City, Tenn.) 1884-1916, 1912-02-01

initial city Judge shall begin i'm
mediately after the appointment by
the mayor and upon the confirmation
Of the city council
This act further provides that in the
absence, incompetency or other disa-
bility of the city judge, the mayor is
authorized and empowered to act. In
other words and to make it short, the
mayor is to nominate the first city
Judge under this act, and when for any
reason the city judge cannot act, the
mayor is by law made the acting
Judge. Notwithstanding these pro-
visions, plain and unambiguous, the
city council has held out against lis
enforcement. With due promptness
I nominated George Il. Campbell for
city Judge, then Colonel DeArmond,
then Mr.. Julian Campbell, Mr. Guy
Chase and Mr.. w. c. Price. But the
city council promptly as if by pre-ar-
rangement turned them down. In
the meantime, Mr.. w. h. Prouder,
the recorder, without authority of law,
without the semblanee ofcolor or title,
without even assuming to act as city
judge, but only as recorder, defylng
and ignoring the existence of the new
law, has been attempting to discharge
the duties of the office of the city
Judge. This course has been sanction
ed by the dominating influence in the
city conncil, though all the while the
mayor has protested. The result was,
as might have been expected, that
there are a number of suits pending
in the circuit court Involving the
whole status, and in one. OF which
Judge Harmon has already held
against Mr.. Pouder's rights and as
sumptions. The city will be feeced
with useless costs, and what is more,
warrants issued by Mr.. Pouder and
arrests made hereunder are illegal,
amount practically to false arrest and
false imprisonment, and are calculated
to involve most serious consequences.
Following these happenings, the
city council, or to be more correct only
a majority of the same, under the
leadership of certain dominating in
fiuences, have tried another expert
ment, the resolution or ordinance which
/ have herein disapproved, assuming
of their own volition and motion to
elect city judge whom the mayor
has not appointed or nominate and re-
fuses to so nominate, to-wit: Mr.. Pou-
dor, the recorder. Under the cover of
saying that Mr. Pouder will serve
as city judge without compensation,
this entire scheme is being worked
II is not for the city council to say
whether the Legislature of Tennessee
acted wisely when it passed the law
the recorder from judicial
work. 1t is now the law, and must be
obeyed. And when we come to think
about it, there is reason behind it
correct from every view point. The
recorder is the city treasurer, the re-
ceiver and disburser of public money.
The city Judge collects vast amount
of fines and penalties which go to the
public treasury. 1t is but right that
the one who collects should be a differ
ent individual from the one who ulti-
mately disburses. The one is check
against the other, The city judge
must, under the new law keep perfect
accounts of all his collections, turning
same over to the recorder whose re-
ceipt he takes, and then the city judge
must make monthly report to the
city council. These requirements show
TO my mind that the law
power of the state deliberately
these two offices, made it
that they should vest in
separate and distinct individuals, and
for the purpose of serving the best in
terests OF the city's finance. We must
have check upon all receipts and dis
bursements by the recorder and the
present law affords that protection.
The economy proposition is an absurd
ity. If Mr.. Pouder has time to attend
gratis, to the duties of city judge, then
it is because he has not work enough
in his office to okeep him fully employ
ed. II this be SO, recommend that
part of his official force be cut off and
in this way, reach the same economy,
but not at the expense of preserving
a complete check against all receipts