The Marietta journal. (Marietta, Ga.) 1918-1944, 1919-01-10

for four years, and for one year resi-
dents of the district from which elect
ed"
Mr.. Allen has all the qualifications
i and many others, save one-he has
not resided in the seth district for
one year.
In the next paragraph of his article
from that quoted above, Mr.. Hollo-
man says:
wilcox county was originally in
the 14th district. 1t has now been
transferred to the 48th district. Hon.
]. D. Maynard was elected as sena-
tor from the county of Wilcox in the
old mote the use of "old') 14th dis
trict. This leaves the 14th district
without a senator, should strict
construction be put upon the law"
Now, l ask why should not J. D.
Maynard represent Wilcox county in
the senate for the same reason that
Mr.. Holloman says that Mr.. Allen
will represent Cobb county? The
electors of Wilcox county voted for
Maynard just the same as the electors
of Cobb voted for Allen-why won't
the rule work both ways?
According to my opinion the reason
that Mr.. Allen can not represent any
county in the senate is because the
district for which he was elected has
been abolished; if he wants to be a
member of the senate, let him per-
suade the governor to call special
election for the new 35th, let him
run for the office and be legally elect
ed; l will be delighted to see this
DONE for he would make the district
an admirable senator.
Suppose, when the senate meets to
organize at its next session and the
roll is called, what district will Mr.
Allen answer for? The 35th, and not
for the 39th; then, if he represents
the 35th, he cannot represent Cobb
county, which is in the 39th.
Section No. GALL of the Code is as
follows:
each district shall have one SEN
ator."
Now this is the wording of the con-
stitution of our State; is it to be en-
forced? Mr.. Holloman says that Will
cox county will have no representa-
tive should a strict construction bel
put upon the law; ask ''Why should
not a strict construction be put upon
the Iaw?" If claw is law" why not
follow it? Take the 51st district for
an example: it is composed of the
counties of Gwinnett, Milton and For
syth. Hon. o. A. Nix was elected as
senator from the county of Gwinnett,
then in the old 34th; Hon. c. j. Har-
bin was elected from the county of
Forsyth, then in the old 39th-here
we have two men, who, according to
Mr.. Holloman, should represent the
counties Of Gwinnett and Forsyth,
because the electors of said two coun-
ties voted for these gentlemen, and
then along comes the governor and
calls for special election to select
another senator for the same two
counties together with Milton county
If some man other than these two
gentlemen names are elected at the
special election, then the 51st district
will have three senator's, according to
Mr.. Holloman's idea, which is directly
in the teeth of the constitution of
the state.
/ see but one legal solution TO the
situation, and it seems to me there
is but one thing to be done to make
it as clear as the MONDAY sun; that
is for the governor, in addition to
calling a special election in the seven
additional and new district, to also
call special elections in the six new
districts created after the six old dis
tricts were abolished, tO-wit: the 9Th,
9th, 30th, 34th, 35th, and Both. And
also to call special elections in all
districts, if there be any, where by
the change in the arrangement of the
new districts it is left without rep
resentative. If this were done, the
men who would be elected at these
elections would represent the several
districts from which they were chosen
without question. I think this is the
only thing that can be done to make
the next senate legally constituted
body and to render it's acts and doings
constitutional, and entitled to full
faith and credit.
1t might be all right from one