Newspaper Page Text
PAGE FOUR
DALTON CITIZEN,
HURSDAY, DEC. 2, 1909.
gal ton (Citizen,
PUBLISHED
THURSDAY
EVERY
By
THE A. J. SHOW ALTER CO.. Proprietors
T. S. SHOPE Editor
T. S. McCAMY Associate Editor
TELEPHONE 18.
OFFICIAL ORGAN
of the United States Circuit and District
Courts, Northwestern Division, North
ern District of Georgia.
alabam;
Those who have kept abreast of the
conditions in Alabama regarding - the
THE BIGHAM CASE.
It is the unusual that is noticed.
Everyday happenings, however impor-
attempt to make prohibition eon'stita-j tant, fail of comment, Save as a-men-
tional in that state are not surprised | tion in passing. # , , „ ere
at the results of Monday’s election Ever since the
when the forces calling themselves the read out at the North Georgia CoRter
“amendists” lost the state to the “de-|ence last week, we have bee Q follow
fenders of the constitution” by more ling what is now tame'
than 20,000 votes. The result is ode case. Dr. Bigham is the
the hardest blows the prohibition ister of splendid ability.
Terms of Subscription:
One Year SI.00
Six Months -50
Three Months .25
Entered.at the Dalton, Ga., Postofflce for
transmission through the mails as second
class matter.
-
The Citizen will not accept whiskey ad
vertisements. Patent medicines of a ques
tionable nature, and cure-all nostrums can
have no entry Into these columns.
DALTON, GA., THURSDAY, DEC. 2.
A. - ■ ' .
PAY UP.
The people are prosperous, and so is
The Citizen. Many subscriptions are
now due it, and our only authorized
collector and solicitor, W. E. Franklin,
is now out. When he presents your
bill, please pay it. You will feel better,
and so will we.
If there are any who do not take The
Citizen, now is the time to subscribe.
Shop when you please
and late.
4—
-both early
‘‘Here we rest” can now be sung by
the Alabamians.
' »—
We believe like John D. Rockefeller,
the hookworm should go by oil. means.
4
The Dublin Courier-Dispatch wants
a southern party. Thought we had
one. ,
—3—
The man who can’t be controlled
may be cussed a lot, but he will be
respected.
A country dance, whiskey, pistols
and a mean disposition generally lead
to the grave.
4
Walter Wellman’s attack on Dr.
Cook only lends more strength to the
doctor’s claims.
That tilt between Judge. Morris and
. Governor Brown is too childish for
men of their positions.
4
The Macon News has decided to take
onr word about what spiked punch is.
That is much better than taking the
punch.
♦
A Walton county man by the name
of Batchelor married an Atlanta girl
last week. Again we ask, “what’s in
a name?”
4
A Macon man ate dinner, drank
whiskey and died. Question: Did be
suffer the death of a glutton or a
drunkard?
4
Uncle Joe Cannon gave ten cents
to the poor when tagged in St. Louis.
The generosity of some men is truly
marvelous.
of
propaganda has suffered since the wave
that was destined to sweep the south
was begpnf~ _
In Alabama, as in other states, am
bitious politicians with no principle
ippunted the wave in order to-be swept
into office. They have failed, and theii
failure should be a warning to those
who still think they can fool the 'peo
ple.
The ministers -of the state turned
their churches over for the purposes of
political harangues, and the pulpits
were prostituted to further the base
and sordid designs of the self-seeking
demagogue. The temple of the Lord
was made a house of merchandise,
where subscriptions to prohibition pa
pers were solicited and well-meaning
but misguided women attempted the
intimidation of voters. All of these
things did not do the cause for which
they were put forth any good.
It used to be that marching women,
singing and praying along the streets,
would strike the average voter with
awe and . he would capitulate and vote
against his real convictions, but it is
not so now. He pays respectful at
tention, and votes as he pleases. All
this shouting, praying and singing on
the streets by the women is wrong. It
carries no conviction to thinking peo
ple, but rather tends to disgust them.
We do not say that home is the only
place for women, but we do say that
it is a much better place than on the
streets, taking part in political street
parades or working at the pofls, with
coffee and sandwiches on election days.
The zeal of fanatics, the self-ag
grandizement of politicians and .the de
sire on the part of the majority to
enjoy their liberties as vouchsafed to
them by the makers of our constitu
tion, all. contributed to the defeat of
the amendment in Alabama Monday.
Another thing: the election empha
sizes the importance of letting the
people vote on such questions. It is
neither democratic nor right for a po
litical legislature to meet and pass a
law of this kind without giving all the
people affected by it a chance to vote
on it.
The people in Tennessee, as a re
sult of the Patterson-Carmack cam
paign, said they wanted no state-wide
prohibition law. Yet a legislature led
And it went that way in Alabama
after Seab Wright had pawed up the
earth. We don’t believe he was worth
the money.
♦
A New York minister says Rocke
feller can aid religion with words but
not •with money. We always thought
money talks.
4
Walter Wellman has jumped oh Dr.
Cook. What has Wellman ever done
that he feels he should become the
spokesman of an explorer?
4
When .a newspaper uses a column
of space telling people to shop early,
it’s a ten to one shot that it is very
hard up for something to print.
4
Who is responsible for the set-back
of prohibition in Alabama? It looks
to u!»’ like the prohibitionists did it
with their own little hatchets.
4
Col. Mosby, the famous Confederate
cavalry leader, says that football is
worse than war, says the Macon News.
Everybody knows what war is.
-4-
- “Does a man know when he is
dead?* asks an exchange. A man
may,; but a politician never. That’s
-what’s the matter with Billy Bryan.
_4
The Macon News is right. The dirty
insinuations of Collier’s Weekly should
not be .dignified by a discussion of its
slanders of our southern women. -
by political opportunists, but the law
on the statute books. In Alabama the
legislature passed a state-wide prohi
bition law, but when it came to a vote
of the people, as to writing it in the
constitution, the people rejected it, by
decisive vote. In our own state the
people have had no chance to vote on
the question, the legislature at the be
hest of the anti-saloon league, putting
the law on the statute books. If Geor
gia were to vote on the question there
is no telling the result, and if those
forces now beginning to move for more
legislation in Georgia in order to put
near-beer out, are wise they will rest
their case until the people become ed
ucated or reconciled to what is to be
attempted.
The prohibition cause in Alabama
is now prostrate as a result of-'greed.
Those urging it were not satisfied with
the law on the statute books, but
wanted it written in the constitution,
and it is now as if it were writ in
water. The moral effect of Monday’s
election will be toward the nullification
of the present law.
♦
ABOUT THE M’LENDON CASE.
Elsewhere In this issue we reproduce
from the Atlanta Journal a very able
article by Malcoim Johnson, touching
the McLendon case, which is to he de
cided by the supreme court.
The question seems to hang on the
proposition that an office is the prop
erty of the man elected or appointed
to it. Mr. Johnson shows by a decision
of the United States supreme court
that office has no property right If
this is so, and we can’t see otherwise,
it seems that the supreme court will
have to sustain the action of former
Governor Smith. At any rate there are
some points to be considered. The
article is well worth reading, and the
time it takes to read it will he well
spent.
4
Prayers do not avail very much when
the ballots are all falling on the other
side. This recalls the remark of Na
poleon that “Providence is always on
the side of the heaviest artillery.”
year of 1906 lie tripped and fell.
Thousands, yea tens of thousands, lia\ e
.done the same thing before, it being
“human to err.”
He became intoxicated, and if we
are correctly informed, on a doctor’s
prescription. He was ill. -The next
meeting of the conference found a
good Christian brother on hapd with
changes to prefer. They were .pre
ferred, and Dr. Bigham plead guilty,
being more honest, and no doubt a
better Christian than the self-righteous
accuser. Dr. Bigham asked the con
ference to forgive him, but for the
nonce forgetting the Christly spirit,
the conference would not do it. He
was suspended and remained an ex-
communicant for two years. During
this period he kept absolutely in the
straight and narrow way. He was
then reinstated, and served the First
church at Newhari faithfully and well
for two years. Nothing was wrong
with him, and his church loved and
revered him, and attested his good
qualities.
At the conference last week Bishop
Hendrix assigned him to St. John’s
Church, Augusta—Augusta, the self-
righteous, on the banks of the Savan
nah—where the prohibition law is nei
ther respected nor enforced. Presi
dent Taft makes it his winter home,
and John D. Rockefeller luxuriates on
the Country Club’s golf links. The
pious stewards of St. John’s met, res-
oluted aad otherwise deliberated and
finally decided that they did not want
Dr. Bigham, because back in 1906, he,
like Peter, fell. They communicated
their grievance to Bishop Hendrix. He
arranged to swap Dr. Bigham for the
presiding elder of the Atlanta district.
And lo, the Atlanta church does not
want him!
It occurs to ns that all this is an
aggravated case of pharisaism. If
there is no charity in the church for
the brother who is weak where is he
to be comforted? If the church is to
assume such an un-Christly attitude
why defame the name of Christ by pre
tending to follow him, and then play
the part of sattelites of the prince of
darkness?
Peter fell and he was immediately
forgiven. The scarlet woman was for
given, and those that were without
guilt were instructed to cast the first
stone.
The Atlanta Constitution discusses
the affair as follows:
There is atonement in the hurly-
burly,' cynical, relentless life of
the secular worlcl. Men outlive
their faults. That charity which
is one of the first instincts of a
brighter human nature steps in
and extends to them the helping
hand. There are few unpardona
ble sins in the councils of even
the creedless. Nor is forgiveness
often qualified with ostracism, or
that distrustful surveillance and
pitying, condescending smile that
absolutely nullify the deed of
grace.
If the religion of Jesus of Naz
areth means anything at all, it
means a tolerance and forbearance
against which the charity of the
world is trivial. If that does not
hold, then the foundation upon
which every Christian denomina
tion is reared is a quivering foun
dation of sand.
This man has suffered. Never
doubt that an individual of his
sensitiveness^ of his rare mental
attainments has not “fought with/
the wild beasts at Ephesus.”
Has he not atoned? Has he not
borne witness to his regeneration?
Should he not be forgiven?
What would have been the an
swer of Christ to questions of this
nature?
—t
Sam Divine, writing in the Chatta
nooga Times, says “Most men are hon-*
est enough to keep gut of jail, but
not honest enough to escape hell.”
There is lots of truth in that state
ment. ,
We have for a long -time had onr
doubts, about a burning hell, but some
recent events in this city cause us to
realize ihat if there is not there should
he; ;•
—4 —
hurt very Badly as a result of the
Alabama election, hut it should cer
tainly^ teach the' fanatics a very whole-
temperance lesson.
The ultimate consumer will have to
pay the court costs in the Standard
Oil case. In fooling with this octopus
the people get it in the neck every
time, no matter what happens.
♦ '
The Bigham case is another evidence
of that cold charity that too often ex-
Th^ cause of prohibition may be in Think of. this perse
cution by his own Methodist brethren!
Then think of the forgiving spirit of
Christ! And yet these brethren pro
fess to be followers of Christ.
There are some very fierce mud-
holes in the public road between Grove
Level and Cline’s store. There is ab
solutely no reason for such conditions.
With the expenditure of a very few
dollars such places could be perma-
nenetly fixed. Mr. Taxpayer, why
don’t you demand your rights? If you
will holler loud and long you can do
some good. Try and see.
7 ..
The Rome Tribune-Herald never ut
tered a smarter truth than when it
said “the dictates of custom and con
ventionality speak sometimes in . louder
tones than the voice of conscience,” ex
cept when it said “the punishment
meted out to those who dare from the
usual is no less condign and of a more
malignant cruelty than the terrors of
the rack and screw.”
ROBINSON WITHDRAWS
J H. Robinson’s conclusion not to
remain in the mayoralty race was evi
dently prompted by that good sense
characteristic of the level-headed man
j he is. We thought at the time he en
tered the race it was a mistake, not
because Mr. Robinson lacked ability
or civic pride, but because of certain
discredited interests backing him. Dal
ton is not a one-man town. Its people
will pot submit to the rule of the boss,
neither are they ready for socialistic
experiments and wholesale warfare on
the public schools. Dalton, in t e
main, is progressive. She is emerging
from the shadows of the past year, and
will stand in the years to come tri
umphant and regal,' rejoicing in a
government by the consent of the gov
erned, led by reason with a wholesome
consideration for the rights of all.
^jim Robinson believes in a square
deal, for he is a square man, as he has
just demonstrated by refusing to dance
to the music of a boss. Our hat is off
to him.
4 ■
What is needed in Dalton is a strict-
application of the law. The city is
infested with criminals, and the judi
ciary is largely responsible. The good
people should demand that our court
officials do their duty.
•; .4-
The Macon Telegraph says “the
mother-in-law joke has received a
solar-plexus blow in an unexpected
manner. About one -hundred marriage
licenses were taken out by Baltimore
men on the eve of Thanksgiving day.
They wanted something to be thankful
for.”
4 » » ♦ » + -M MM 44-4 ♦ ♦ ♦ ♦ ♦ 444^4 4+
4- >
4- EDITORIAL POTPOUR1. +
4-
Are You Sure About the Relegation?
The Duke of Abruzzi is now a rear
admiral in the Italian navy. He has
also been relegated to the rear by Miss
Elkins.—Rome Tribune-Herald.
will still try to have faith in him
until the Copenhagen professors
shall investigate his proofs and
announce their finding—Augusta
Herald.
Dr. Cook is all right,
er be Dr. Cook than Lieut. Peary, who
has been drawing a salary he has never
earned from this government,
do not yet believe Cook is a fake
We had rath-
We
The Muckraker’s Troubles.
' Collier’s makes the statement
that no one can doubt “if an elec
tion were to he held tomorrow the
president could be defeated by a
democrat of the stamp of Cham
berlain and, pferhaps, by an old-
line democrat ■ like Woodrow M il-
son, of New Jersey.—Savannah
Press. . f y
The trouble with a muck-raking mag
azine like Collier’s is that no matter
what it says, nobody takes it seriously.
Bum Proof Reading.
If you hear a peculiar rumbling
sound in four directions, that’s
Griffin growing.—Griffin News.
That careless proofreader left the
“1” out of the last word.
At Least Once.
THfe Dalton Citizen mistakenly con
cludes that wg want the census enumer
ators to count every person in Rome
twice. Not at all, but we want every
one counted at least once.—Rome Tri
bune-Herald.
Toast on Hen.
We heard a toast the other night
that made us cackle; it was, “To
the American hen—may her son
never set.”—Elberton Star.
' That paragraph is bright enough to
crow over. "v
The Wrong Bird.
Alas, the poor turkey will soon
. be in the soup.—Atlanta Georgian.
We must confess we don’t get the
connection. We’ve heard of turkey
hash, but never of turkey soup. Did
you mean “turkle?”
He Went Hungry.
We never were especially stuck
on turkey and cranberry sauce,
anyhow. It is a very much over
rated combination.—Macon News.
There’s one editor at least 1 whose
friends didn’t invite him to dinner
Thanksgiving day.
A Debatable Question.
i The predicted collision of the
earth with Halley’s carnet may oc
cur, put the earth’ll probably be
life standing on the tsack.—Mil-
ledgeville News. ,
fWe take issue with the News on
this question. We don’t believe a lit
tle old thing like a “carnet” can put
life into an inanimate thing as .big as
the earth and then stand it on a tsack.
Has Been Visiting Rome.
Wonder why it. is that when a
man is crossing the street and an
auto honks at him, he invariably
stops and looks at the thing.—El
berton Star.
Your field of observation has been
limited to a. small town. In cities like
Dalton, the automobiles are so thick
that they can honk till they’re red in
the face and nobody pays any atten
tion to them.
Spiked Punch.
The Dalton Citizen and the Au
gusta ^Herald have offered to ex
plain to their innocent contempo
rary, the Macon News, what a
spiked puneh. is. If the News at
tempts to follow the pace set by
that pair it will think spiked
punch is an incubator for pink
monkeys and winged serpents.—
Rome Tribune-Herald.
That paragraph was written by one
who knows what he is talking about.
Dr. Cook.
Now Dr. Cook is hiding to have
the people wonder over his mys
terious absence. But his staunch
est champions pr6fess that they
A Monster Hog.
An attraction which would rival
one of John Robinson’s “specials”
is being displayed .in front of the
postoffice just across the street,
and is possibly the largest hog
ever seen here. Mr. Dan Walker,
of Tifton, is the owner of this
monster pig and claims that Jie
weighs 1,600 pounds, which is
more than the weight of ah aver
age horse, and is four and a half
years old. Mr. Walker has a rep
utation in and around Tifton as a
. stock raiser and has placed several
large specimens on the market. He
takes the cake wherever he carries
his big hog.—Moultrie Observer.
Now that is some hog. Think of a
hog weighing nearly as much as the
average team of mules. We should
like to know the stock of hog this
monster is.
Charlton in the case of McLendon, vs
Gray. I have great respect for Judge
Charlton, his ability and high char
acter, but from reading bis opinion I
am satisfied that the main issue per
haps in this case was not considered
by him.
The constitution of 1877 (See code
JUDGE CHARLTON’S OPINION
IN THE M’LENDON CASE
(Malcolm Johnston, in Atlanta Journal.)
I have just read the opinion of Judge . This decision, in view of the c r
tvtAt I tion Q f the state, and the recent fa.
.cision of the supreme court of the
United States, should be reviewed and
reversed, and our supreme court
should adopt the American democratic
rule that public office is not private
property.
Under the old English rule, where
section 5707), places upon the Jegisla- offices were inherited, they were Dro
ture the duty of regulating freight and erty, but under the American demo*
passenger tariffs, and of prohibiting cratic rule of government, the contrary
unjust discriminations by the various is true, and the constitution of Geor-
railroads of this state, and of prohib- gia has so declared. The very idea
iting the roads from charging other is repugnant to the spirit and genius
than just and reasonable rates. of our government.
■ This constitutional provision made it But the decision of out own supreme
the duty of the legislature to see that court where it held that office was pri.
the people of Georgia paid only rea- vate property, expressly stated that if
sonable and just rates. The legislature the act creating the office provided for
created an agency in the-shape of the the removal in the discretion of those
railroad commission to aid in the dis- who were given authority to remove
charge of the duty which the consti- in such a case no notice and trial were
Bryan and Prohibition.
Mr. Bryan is generally credited
with having a mind to graft pro
hibition on the next democratic
platform as a paramount issue.
Good; we know of no better thing
Mr. Bryan could do than to follow
that project until 1912. He has
tried every other fad * that any
other party has ever tried for tick
ling the fancy of the multitqde,
and as he seems to think the peo
ple want prohibition, it is the
thing for him to do to try, that,
even if he has to go to the pro
hibition party with it. It would
be too bad for Mr. Bryan’s light
to “flicker and go out” without
first having shed its effulgence up
on this one remaining ism he has
never tried.—Chattanooga Times.
It is becoming more patent as the
days go by that Mr. Bryan is a po
litical opportunist. He is also dead,
but don’t seem to know it. ,
4 4 4-44-44-4 444-44-44-4-4-444-4-44-44 4
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TILTON. +
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444-44-444-444444444 444-4 4 4 4 44
Sunday, November 28, the Tilton Ju
niors went up to Dalton in a body to
attend the special services of the Ju
niors. Sunday, December 5, at 9
o’clock, special services will be held
at the Tilton Baptist Church by the
Juniors. A number of Juniors are ex-
'pected down from Dalton, and all are
invited to attend these services.
On Wednesday evening, November
24, Mrs. Gus Lane died at her home in
Tilton, after a lingering illness of sev
eral months. -Mrs. Lane had won many
friends while she lived in Tilton and
she will be missed by all. She leaves
a husband, son, daughter, a number
of grandchildren, relatives and friends
to mourn her loss.
Mr. N. B. Maynard Is preparing to
build a new mill dam at the Tilton
mill.
Prof. W. A. Ault is teaching a well-
attended school at Tilton, and he is
liked by all the Tilton people.
Mr. Lilbem King, of Chattanooga,
spent Thanksgiving in- Tilton.
Mjrs. C. C. Bowen, of Dalton, was
the guest of Mrs. John Roach Monday.
Mrs. A. V. Whaley was the guest of
her brother, Mr. Jim Whaley, near
Dawnville, several days last week.
Her niece, Miss Whaley, accompanied
her home.
Mrs. Nannie Tanner spent several
days last week in Calhoun.
Miss De De Hogan was the guest of
relatives in Dalton several days last
week.
Miss Leah Townsend attended an
Eastern Star and Masonic banquet at
Eton last Thursday.
Mrs. N. C. Harris, of Calhoun, was
the guest of her daughter, Mrs. John
Gentles, and family Sunday.
Rev. A. P. Shields and family will
move to Liverpool soon, Rev. Shields
having his appointment there. Rev.
Shields and family will be missed very
much by the Tilton people and it is
with regret they give him up; how
ever*, all wish him success in his new
field.
Mr. J. Ed Goddard, of Rome, was
the guest of.friends in Tilton Sunday.
Mrs. Jim Adams and Mrs. J. D.
Townsend spent Friday In Dalton.
Mr. Lon Strickland and family are
preparing to move to Eton. Mr. Ar
thur Strickland and family have
moved. The many Tilton people regret
very much to give them up.
Mr. B. B. Turner, Mr. V. D. Keith
and Mr. Jim Perry spent one day last
week in Dalton.
tution placed upon the legislature. -The
railroad commission became the agents
of the legislature to perform a consti
tutional duty which the legislature was
required to perform.
In creating this agency the legisla
ture gave the commissioners terms of
six years each, but reserved the right,
in the discretion of the legislature, to
remove any one of these agents at will,
and thereby terminate his term of
office. In the act creating the commis
sion the following language is used:
“Any commissioner may be sus
pended from office by order of the gov
ernor, who shall report the fact of such
suspension and the reason therefor to
the next general assembly, and if a ma
jority of each branch of the general
assembly declare that said commis
sioner shall be removed from office, his
term of office shall expire.”
It will be observed that these agents
of the legislature, who are simply per
forming a constitutional duty resting
on the legislature, under the terms of
the act giving them their positions, can
he suspended by the governor. The
act prescribes no reason for the sus
pension except the opinion of the gov
ernor that the commissioner should he
suspended. It requires the governor to
report the suspension and his reasons
therefor to the legislature, hut it does
not say that the legislature shall re
move or restore the suspended commis
sioner for the reasons assigned by the
governor.
The legislature broadly retained the
right to remove a commissioner if a
majority of each branch of the legis
lature saw fit to remove him.
It does not say if the legislature ap
proves the reasons given by the gov
ernor the legislature can remove him.
It does not restrict the legislature in
any sense to the reason given by -the
governor.
The case, therefore, is simply this:
The constitution put the duty of regu
lating the railroads upon the legisla
ture. The legislature created certain
agents to perform that duty, hut re
served the right to the governor to sus
pend these agents and to the legisla
ture to remove them.
In other words, if either one of the
agents is not performing the duties
placed upon him to the satisfaction of
the legislature, the legislature, creating
the agency, can remove the agent.
The very act upon which each com
missioner takes his agency preserves
in the legislature which created the
agency the right to remove the agents.
It cannot possibly be claimed that
such a reserved right is unconstitu
tional. It is natural and logical that
the legislature should reserve this
right, for it is the duty of "the legis
lature under the constitution to see
that the people have just rates and
proper service, and when they are dis
satisfied with the work of their agents
they should change the agents and put
in agents who will do the work to suit
them.
The point is made that this act is un
constitutional. Why?
The constitution of the United States
and of the state of Georgia each pro
vide that no one shall be deprived of
life, liberty or property -without due
process of law, i. e., without notice and
hearing, and it is claimed that any act
which undertakes to deprive a man of
his property in an office without no
tice and trial is unconstitutionaL
An office is not property within the
meaning of the constitution of the
United States or the constitution of the
state of Georgia.
The first section of the constitution
of the state of Georgia practically so
declares, for it says:
Public officers are the trustees and
the servants of the people and at all
times amenable to them.”
The supreme court of the United
States, in the case of Taylor vs. Beck
man, 178 U. S. 576, says:
“The view that public office is not
property has been generally enter
tained in this country. . . . The de
cisions are numerous to the effect that
public offices are mere agencies or
trusts and are not property as such.
... In short, generally speaking, the
nature of the relation of a public officer
to the public is inconsistent with either
a property or a contract right.”
So that, under the constitution of
the state of G orgia and under the re
cent decision of the supreme court of
the United States, an office is not prop
erty and the act of the legislature pro
viding for the suspension am? removal
of railroad commissioners does not fall
witfiin the constitutional provision that
a man shall not be deprived of his
property without a trial. *
I am aware of the fact that the su
preme court of Georgia, prior to this
decisidn of the supreme court of the
United States, took a different view
and held that an office was property.
necessary and the removal ’would be
valid.
Applying this doctrine to the Mc
Lendon vs. Gray case, the act creating
the railroad commission expressly re
served the right to the governor to
suspend and to the legislature to re
move. No limitation was placed upon
the grounds of suspension or the
grounds of removal. These were dis
cretionary with the governor and with
the legislature.
The legislature created certain
agents to perform a dnty required or
the legislature by the constitution of
the state, and the legislature reserved
the right by the concurrent action of
both branches to remove any one of
these agents when it saw fit. So that,
First, because an office is not private
property no legal attack can be made
upon the act which authorized the gov
ernor to suspend and tjie legislature
to remove a railroad commissioner,
and,
Second, because the commissioners
are mere agents of the legislature to-
perform a dnty put upon the legisla
ture by the constitution, and because
the act creating these agents reserved’
the right for their suspension and re
moval in the discretion of the governor
and discretion of the legislature, even
though the position of railroad com
missioner was private property still
the act 4s constitutional and the sus
pension and removal of Mr. McLendon
were legal.
The final result of this case is of
deep concern to the people of Georgia.
It goes to the very root of the right of
self government. The action of Gov-
emor_Smith in the matter and the sub
sequent action of the legislature over
whelmingly sustaining him, were both
in the interest of loyalty to the people,
and were clearly within the exercise of
the power conferred upon the former
and the rights reserved to the latter.
If the legislature clothed with all the
power of the constitution, cannot ap
point an agent to perform specific serv
ices and discharge that agent when ho
fails to perform those services satis
factorily—just as a private individual
may do—especially when the right of
removal is reserved in the act of ap
pointment, because of the false and un
founded claim that the office is the
agent’s property, then it is time for
us to look about us and see whither
we are drifting.
Atlanta, Ga., Nov. 15, 1909.
»
If we had good roads we would be-
happier and better off financially.
MORE DANVILLE PROOF.
Jacob Schrall, 432 South SL, Dan
ville, HI., writes: “For over eighteen
months I was a sufferer from kidney
and bladder trouble. During that whole
time was treated by- several doctors
and tried several different kidney pills.
Seven weeks ago I commenced taking
Foley’s Kidney Pills, and am feeling
better every day, and will be glad to
tell any one interested just what
Foley’s Kidney Pills did for me.” S.
McKnight
Sewing Machines
The increasing demand 1 for our
Sewing Machines is due to their
merit and economy. Remember
that Sewing Machines are not a
special item with us. It does not
cost us much to sell sewing ma
chines because they are a staple,
standard article—that is, the kind
we sell. They sell fast because
we give our customers a machine
that pleases them so well and at
such a reasonable price, that they
tell their friends about thei^i. Our
machines are guaranteed by the
factory for 10 years. New Ma
chines, $13.75 to'$25.00; terms,
casn, or half cash and balance on
easy terms at 8 per cent interest.
For Sale—Second-hand Gas
Range, $5.00. See C. H. Bur
ton, Citizen office.
Meet your friends at Capt. McWil
liams’ big sale - 4 miles east of Villa-
now—Dec. 8 and 9.