The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-02-19
SECTION e BOBS
Up At CITY HALL
AS CAUSE Of WORRY
Mayor Paine Would Like to
Know Whether Final Action
In Legislature Leaves It
Good or Bad Law.

Section %. the famous clause IN the
city charter which caused SO much
stirring about among politicians few
years ago. continues to bob up from
time to time to the annoyance Of city
officials
The section prohibits any commits
sioner or officer" OF the city from being
appointed 10 or accepting any office ot
the state or county. with or without
pay during the term for which he Is
elected"
Just now. the question which has
come up Is whether that section is or
is not part OF the city charter.
II was repealed at the legislative
session OF 1917. but later, during the
same session, was reeenacted
The constitution OF Tennessee pro-
hihits action being taken second time
uDon any measure acted upon at the
same session Of the legislature
That provisions seem 10 indicate that
the e-enaCtment Of Section %, at the
same session az which II was stricken
| from the CITY charter, would be held 10
| have been unconstitutional.
On the other hand. law passed BY
| the legislature Is presumed 10 be valid
| until the courts hold otherwise, and no
| legal test Of the validity Of the legisla-
| tion affecting Section % has been made.
/ Presumably therefore. II is good law
until some court holds 10 the con-
| trary,
Mayor Paine has run up against the
| problem. In the matter Of the appoint
| ment OF a superintendent OF the health
| department An arrangement can be
made with the state board Of health
under which the chief health officer Of
| Memphis could act as registrar Of vital
| statistics, which would supplement his
| salary from the city by the amount Of
the fees accruing to that office, about
/ x1 OO0 a year
| But II section % IL In FUN force and
effect the health superintendent would
| not be permitted TO accept those fees
/ or accept the state appointment.
Dave Wells. city payYnaster and
! purchasing agent has also done some
| studying about that same section. He
is a candidate for county assessor. or
! will be when the Democratic primary Is
| held. He has not been reelected to
his present office, but Is holding over.
If he Is not re- elected section ~
wouldn't affect him. for his term, for
which he was elected expired last
But lust suppose ne should be re-
elected? Then he would either have to
decline the office, and the salary ni
long chance In legal way ! he Mas
In the race for the county office,
Several minor questions Of like char
acter have come up
Apparently, some city official VII
have to offer himself as a prospective
sacrifice. II the law Is TO be tested in
the courts. Thus far. Mayor Paine
has not called for volunteers, hut ne
would like to know just what the legal
status OF section 23 really is.
II was certainly In full force and
effect back in 1914. when just before
midnight a change In candidates for
sheriff was made which resulted IN the
election Of J. A. Riechman 70 that
office.
None OF the city commissioners have
| nf other
| either now or IN the future, but the
little section. which doesn't contain
more than hundred words Is causing
them some worry just the same.