Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-07-27
ATTORNEY GENERAL.
UNDER PRESENT LAW.
GETS ONLY $4,000

u ! y U6sEG UgUVV
That the office of attorney general
of Georgia pays a salary of $4,000 a
year instead of $4,000 a year, and
will not pay more until the legisIa-
ture passes over again it's act intend
ed to increase the compensation tc
the high figure named, was the some
what startling and uneasy discovery
made Saturday by state house Stats
clans who delved in the matter.
Colonel George M. Napier, of the
George B. Davis, of the county OF
Laurens, both good lawyers and es-
Unable gentlemen, are candidates for
the office of attorney general with
the understanding that their salary
if elected, will be $4,000 a year.
OF course, neither gentleman Is
solely interested in the salary of the
office, and neither was in reach OF
The Journal for interviewing pur.
poses when the distressing facts
were discovered as above, but the
general presumption was that both
flee despite the failure of the legis-
lature to carry out its purpose CT
increasing the salary.
Clifford Walker, now a candidate
Tor governor, held the office of at
torney general for several years al
salary of $4,000 a year. A few years
ago the legislature created the office
of supervisor of county records
at a salary of $4,000 veal
and provided that the duties of thu
same should be discharged bv tht
attorney general. The effect of this
ENACTMENT was to increase the salary
Of Attorney General Walker from
$4,000 to $4,000. without materially
increasing his duties.
IN 1919 the legislature passed two
companion bills introduced bv the
members of the house from Walton
county, which is the home county OF
Mr. Walker. The first abolished the
WhlIe the second increased the attor.
ney generals salary from $4,000 tc
$4,000 a year.
Effective Last January
.,, Both his provided that they
5hou aSo oeS0me effective on January
l, 1920, That is to say, the duties
and salary of the supervisor OF
plre on that date, and the increased
compensation of the attorney gener-
al should take effect on that date.
But 1T was found that there was
a, provision of the constitution to
the effect that the salary Of no Off
Ger should be increased during the
term of office for which he was
elected, and this prevented Mr.
Walker from drawing the increased
salary beginning January 1, 1920
inasmuch as his term ran over until
yhe converting of the legislature in
1921 So he, was knocked out.
On June /, last, Mr.. Walker re-
STONED tn HnUnto hic "a
tirely and exclusively to his cam
paign for governor. Colonel R. A
Denny, distinguished Rome law
yer and formerly a member of the
senate of Georgia, was named by
Governor Dorsey to serve the uneX-
PRED term. He took the office with
the expectation that he would be-
come the beneficiary of the increased
salary, inasmuch as the constitu-
tfonal provision above stated would
not apply to him. But on investiga-
ton it seems to have developed that
he was not eligible, for reasons be:
low stated.
There is another provision of the
constitution to the effect that the
salary of constitutional officers
to-wit: the governor, the secretary
of state, the attorney general, the
comptroller general and the treasur-
er-shall not be changed except by
vote of two-thirds of the entire
membership of the house and SEN
ate. Though the constitution does
not specify the salary of these Off
GERS, it requires the same vote to
change their salaries as it requires
to amend the constitution, but 1t
does not require referendum.
Passed by Majority
/. Hence, it was necessary in chang
ing, the; salary of the attorney gen,
eral from $4,000 to $4,000 to pass
the bill by a two-thirds vote OF the
house and the senate. And the POM
of this story is that the bill was no.
passed by a two-thirds vote, but by
mere majority. And there lies the
rub.
Attorney General Denny, it appears
discovered the rub on his very frs
pa yday after taking office for the
unexpired term. He did not an
nounce himself as candidate fol-
the ensuing full term, but left the
office open to the two candidate!
running-Colonels Napier and Davis
These gentlemen, it appears, were
proceeding merrily along their way
expecting to draw salary OF $5,000
when some statistician rudely called
attention to their mistake. Not theil
mistake, either, but the legislatures
mistake in failing TO pass the bill
| by tWo-thirds vote of the house
and senate.
| to be done? This is the question
asked by members of the Legislature
and other interested spectators. Thu
general answer is that the Legislature
at the present session will probably
| get busy and re-enact the bill by
the requisite majority so that either
candidate, when elected, will draw
the salary he expected to draw, anC
so that the state Will pay a decen
wage for the services of it's princi
pal legal adviser,