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eBook details

• Title: Robitzsch v. State Georgia
• Author : Supreme Court of Georgia
• Release Date : January 15, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The writ of error brings into question an order of the superior court of Ben Hill County removing Martin D. Robitzsch, J. Rufus Horton, and J. C. Stokes, as commissioners of roads and revenues, after investigation of charges preferred by the grand jury in pursuance of an act creating the board of commissioners of that county. By an act approved August 15, 1914, the General Assembly created the offices of commissioners of roads and revenues in and for Ben Hill County. Ga. L. 1914, p. 232. Section 8 provided as follows: ""Be it further enacted by the authority aforesaid, that said county commissioners shall not purchase directly or indirectly materials, live stock, supplies or other articles for any department of the county, from himself or from any copartnership in which he may be interested either directly or indirectly, nor from any person directly or indirectly in his employ in any capacity whatsoever."" The same section further provided that whenever twenty-five qualified voters of the county should make written complaint, on information and belief, to the Judge of the superior court or to the ordinary, that any of the commissioners have violated any of the foregoing provisions, the Judge or the ordinary to whom the complaint is presented shall cause to be made before him ""an investigation of said charges, at which investigation the accused shall have the benefit of counsel, if desired, and if said Judge or ordinary shall find the said commissioner guilty of the violation or violations charged, the said commissioner shall within three days be removed from office by a written order of the said Judge or said ordinary trying the charges, which order shall be recorded on the minutes of the board of commissioners, and the said ordinary of the county of Ben Hill shall appoint a successor to said commissioner."" The section further provides that each grand jury shall make or cause to be made special investigation to ascertain whether any commissioner or commissioners have been guilty of violating any of such provisions, and that the general presentments of the grand jury shall embody a report that such special investigation has been made, and state specifically the results thereof. If it appears therefrom that any county commissioner or commissioners have been guilty of such violation or violations, the particulars shall be stated, and ""thereupon the court shall proceed to cause to be made before it an investigation . . . just as if the complaint therein specified had been made to it, and with the same duty, authority, jurisdiction and power of summary removal.""

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