The Marietta journal. (Marietta, Ga.) 1918-1944, 1919-01-10
MOUL TRIE M. SESSIONS
QUESTIONS LEGALITY OF
STATE REPRESENTATION
Insists That Thirty-Ninth is
A New District
And That the Governor Should Have
Ordered Elections in Thirteen Dis
tricts. Cobb County Can Not Be
Legally Represented by Allen.

to The Atlanta Constitution by Hon.
Moultrie M. Sessions, relative to rep
resentation of the new state senatorial
districts.
1t is lengthy, but as the constitu-
tionality of all laws passed at the
next session of the legislature depends
upon the legality of the representa-
ton of that body, it is well worth
careful consideration:
Editor Constitution:
In the Constitution of December
21st, 1918, there appeared an article
written by Mr.. Holloman entitled,
"The law prohibits Cobb from elect
ing a senator. State situation anal
yzed."
AS this article dealt largely with
and was evidently inspired by the
fact that / had a few days before
announced as a candidate for state
senator from the new 39th senatorial
district, which embraces Cobb county,
and as / am constantly being asked
in person and by letter my position
in the matter, l desire to reply there
to through the columns of your paper
and present the facts and law con-
corning the question as they appear
to me.
At the outset / will admit that
am not a politician and know but
little of the game of politics, and
candor compels me to confess that l
was somewhat premature in announc-
ing my candidacy; but it was re-
ported to me on what considered
good authority, that the governor had
called for special elections to be held
on January 9TH, 1919, in all of the
new senatorial districts recently ere
ated in the state, and believing then
and now with many others that the
counties of Cobb, Cherokee and Doug
las composed" a new senatorial dis
trict which had never before existed,
| yielded to the solicitations of many
friends and to several petitions sign
ed by hundreds of good citizens from
all sections of the county endorsing
my candidacy, also having the sup
port of both papers here, and an
nounced for the Office without consult
ing as closely as l should have done
into the call issued by the governor.
Believing then, as l do now, that thir-
teen new senatorial districts had been
created, / naturally supposed that
the governor would call for elections
to be held in all of the new dis
tricts, and l was very much sur
prised to learn later that he had
called for elections to be held in only
seven of the thirteen new districts
which were created when the people
ratified the amendment to the con-
stitution at the general election held
in November, last.
NV reasons for believing that the
governor would call for an election
in each of the thirteen new districts
were based upon the language of the
Act itself: in the latter part of sec
ton No. 3, the following language
will be found:
'Tf a majority of the electors quail
fled to vote for members of the
General Assembly shall vote in
favor of the ratification of said pro,
posed amendment the gov
ernor shall make proclamation there,
of and shall call spection elections IN
each of the new senatorial districts
so created for the election of SEN
ator for each of said districts in the
next General Assembly, as is provided
by law for the filling of vacancies
caused by death or resignation.
Of course, the whole matter turns
upon how many "new senatorial dis
tricts were SO created"
The governor and the attorney
general hold to the opinion that only
seven new districts were created;
insist that as matter of fact anc
law thirteen new districts were es
tablished.
What is a "new" district? The
Century Dictionary defined the wore
"new" as different" mot the same
as before" mot the DID," "distin
guished from the old, while named
after it, If the dictionary is cor
rect as to the meaning of "new," the
OILn SSIld GOIIdl OlSGllSLy nv" NOAiA
posed of the counties of Cobb, Cher
okee and Douglas, is not the old 39th
composed of Milton, Cherokee ane
Forsyth counties; it certainly is mo
the same as before" it most assur
edly is different; it cannot be de
MED that it is distinguished from
the old, while named after it." 1t l:
also true that the old 35th district
composed of Fulton, Cobb and Clay
{ tsf, is not the same as the new 35th
composed of Fulton, Clayton anC
Henry.
Still, one if not forced to rely upo1
a definition in dictionary or to de
pend upon his own deductions ant
opinions to establish the fact beyond
preadventure that the 39th senatorial
district of Georgia as it now exist
is a new district and not an old dis
trict, because the language and word
ing of the Act which provides TO