Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-06-16
MAD DOG CASE IS
IMPORTANT
LAW TEST
Question Is, Can State Mandamus
Mayor to Perform Admins
trative Act7
BY JAMES 8. NEVIN,


nandamus compel Mayor of a duly
incorporated Georgia city to perform
an administrative act, If the Mayor
declines to perform It of his own mo-
tion2
The first case Of the sort ever filed
in Georgia court is now up for
hearing in Savannah. and lawyers all
over Georgia are watching it with
interest,
Because he is entitled to have the
said Mayor perform his official duty
as herein set out" and because he is
without any other legal remedy ex-
cept the writ of mandamus to com
pei the performance Of the official
duty of the said Mayor. Major
George H. Richter has filed in the
Superior Court a writ of mandamus
against Mayor Richard J. Davant to
compel the enforcement Of the dog or
dinance.
The writ goes on to state that the
relator major Richter) was bit by
a dog while upon the streets on June
10, 1913, and on said day called upon
said Mayor and informed him that
his failure to enforce the ordinance
of the city had been the cause of the
REALTORS being bit" The said Mayor
then Informed the relator that he
could not enforce the said ordinance,
and asked relator, What are you 60
ing to do about it?"
Judge Charlton is presiding in the
case, and it is one of more than ordi-
nary moment, despite its seemingly
humorous aspect.
A recent mad dog scare in Savan-
nah precipitated this matter During
the progress of the scare more than
, dozen people were bitten, but the
dog law ordinance has remained a
dead letter on the statute books, new
ertheless.
It was stated recently in this col
umn that in the last national census
"Laurens lost it's place as one of
Georgia's big six counties, and Mus
cogee slipped in"
This statement was misleading and
inaccurate in a way, and H M. Stan
ley, State Commissioner Of Com
merce and Labor, calls attention to
it in the following interesting com
munication:
"Laurens lost to Muscogee only in
that she failed to win over Musco-
gee. Under the circumstances some
figures will hardly prove to be amiss.
In 1890 Laurens had a population of
1912 and was the fifty-second
County in population in the State
That same year MusCogee had 27,761
people and was the seventh County
In population. Then years later Lau-
rens rose to fourteenth place, with
total population of 25,908. Muscogee
still remained seventh with a total
population of 1886, Thomas jump
ing from eighth to sixth place. When
the census was taken in 1910 il
showed that Laurens had gained
seven more numbers and had a pop
ulation of 35,5O1. Muscogee went up
one point and had, in 1910, a popula-
ton of 1921 From 1900 to 1910
Laurens gained 1888 inhabitants and
Muscogee 6,391. Although Laureps
failed to win over Muscogee, losing
by 1876 during the decade ending
with 1910 she gained 5000 more in
habitants than Muscogee."
Columbus wishes to be put under
a commission form of government,
and steps to effect the change have
been inaugurated.
At recent mass meeting in that
CITY, resolutions were adopted calling
upon the members Of the House from
Muscogee to prepare and present a
bill looking to commission govern
ment in Columbus, and submit as
soon as possible after the Legislature
meets An overwhelming majority of
the citizens Of Columbus are thought
to be favorable to the measure.
The Honorable TinsIy Ragland
member of the House from Talbot, IS
coming to Atlanta with the weight Of
empire upon his broad and willing
shoulders.
His fell purpose is to have the in
-er-lOcality of-er-Box
Springs Incorporated as a Georgia
town.
Unless Box Springs is incorporated
pretty quick, Tinsley Ragland likely
viii go into rapid decline and be-
come the most unhappy and melan-
choly man in the world,
He lives, breathes and thinks moth
ing but an Incorporated Box Springs
nowadays
Beginning next week, things will
take on a lively color here in Allan
ia. so far as politics is concerned.
Both Judge Allen and Senator An
derson already have secured head
quarters in the Kimball House,
wherein they will conduct their rival
campaigns for the presidency of the
Senate, while Representatives Bur
well and Hardeman have also Sc
cured headquarters for their speaker
ship campaigns.
In addition to these headquarters
the proposed new counties of Barrow
and Gambler are ready for business
or Will be before the Legislature
meets.
The Kimball House lobby. where
for years politicians in Georgia most
have congregated, presents nowadays
an animated scene. Already the adj
vance legislative guard is on hand,
and it is a dull day when one fails TO
meet fifteen or twenty well-known
public men about that place.
The forthcoming session of the
Legislature is going to be a most in
teresting one. The new House is
made up in heavy majority of new
men and it's principal concern is TO
be tax reform.