The leader-enterprise. [volume] (Fitzgerald, Ga.) 1912-1915, 1913-07-23
Chickens Come Home To Roost.

NIIICkGIIS OUIIIC IIOIIIO ~ 'VVSA
Our readers will remember the effort of this paper have
the charter this city revised new one substituted no"
+rouoh our influence council authorized the appoint
en of committee the Mayor to present charter 10 tne
items for ratification The mayor appointed
bodv of men who weeks met regularly and thoroughly
discussed the changes be made and the existing errors De
corrected committee through some OF Its members
viewed Representative Pau in reference to his as
without his assistance local said to nave no cnance
of passing Mr. W. Pauk your representative whose pea
re should represent the people of this community ana
remedy the garng defects organic law refused TO
any affect the charter of Fitzgerald due to the TACT
on that the Enterprise ahered the movement and that
his Friday acting under his direct instructions oppoSeo "
Through action representative we are racing very IN
eresng situation that representative Faux ala not nave
in mind when he declined to revise our charter
The election city officers approached In due ume upon
us and one of candidates for the highest office in tire gift
the peope of FITZGERALD being sought by the Hon. Drew w.
Pauk cousin representative Pauk and for two terms IN tne
past the successful incumbent of this office The oath nee
for successful candidate for mayor prescribed IN the
charter and reads:
81 do solerny swear that will, to the utmost OF my
ability DISCHARGE Of Mayor for the city OF Ftz
Ssrad during INV continuance office. am not directly
or indirectly any contract work being done
or material furnished for the city of FITZGERALD ana
will not interested during term of Otfce do not
hold any office, municipal county, STATE or Feder'
al; SO help me God"
Now the Supreme court the of Long vs. The STATE re-
ported in the 127 Ga Reports page 285 says:
"a Justice of the Peace municipal officer any
sense Justice the Peace sometimes performs func
tons which under other circumstances performed by
county officer. While justice Of the peace might
possibly be cassed county officer
this is really way Of designating the office
that he holds. The justice court which he
aides ia part of State judicial system. 1t is eOnst
tutiOnaI court and there constitutional provision for
his election by legal voters Of his district HE IS AN
OFFICER OF THE STATE. While his functions be
erised only given county, and generally in the district
Of his residence only he nevertheless OFFICER OF
TIE STATE
This decision refers justice of the but quote
further the authority the case OF the Southern Rail
road vs. Payne reported in the 1873 Ga 49, it says
1--WE think it is clear the provision of Sec. SS,
which relates in justices the peace includes
also Commissioned public whs exOfficO JUS
ts Of the peace efiectualY if the words commits
stoned nOtaes public ex-oficO justices of the
Ueace" had been added statute Immediately after
the words "uste Of the peae where the latter occurs
in the statute
These decisions plainly contention, and though
~ ovt;al TO the candidacy of Drew W. Pauk it will be
for him to either resign the Office of Justice of the Peace
leave the field for Mayor citizens who do hold anoth
ar office There justice in the provision of the OATH good
can be advanced why such officer not also make
good avor mr. alderman the of our friend Judge W.
Mor hut the trainers defective charter 1907 have
ocad this embargo it. through prejudice of Representative
Po was not allowed to be revised this Retrbuton for
This act of Pau refusing his people the relief
d various sections charter has overtakenhm in
cuay fitting fashion, Providence has OF dealing with the
enemies Of his people