Savannah morning news. [volume] (Savannah) 1868-1887, 1882-11-09
MEETING OF THE JUDGES OF
The COURTS.
Appointment OF Election Managers
and Board of RegistratiOn for the
City of SaVannah-BilI OF Injune-
ton.

and Board of RegistratiOn for the
City of SaVannah-Bill OF Injune-
ton.
Ia pursuance of a notice published in
the MORNING NEWS, and in conformity with
an act passed by the last Legislature, their
Honors Judges Tompkins, Ferrill and Har-
den, of the Superior Court, Court Of Ordi-
nary and City Court, met yesterday after
noon at one O'Clock, when the following
business was transacted and proceedings
had:
GEORGIA CHATHAM COUNTY,
CITY OF SAVANNAH sth November, 1882.
We. the undersigned directed and empow-
cred by the act Of the General Assembly OF
Georgia. approved September 10, 1881. to ap-
point three freeholders. residing in each militia
district in said city Of Savannah, who shall
constitute a Board of Registration and Election
Managers in said city. and for the otner oolects
and purposes in said act mentioned no set
forth. do, in compliance with said act, hereby
appoint as members Of said board the follow
ing persons:
For the First Militia District in said city
Martin Cooley, Harry Haym, Charles L. De
For the Second District-John Rutherford,
F. Van Wagenen. Isaac Russell.
For the Third DistTict--Cllnord W. Anderson,
Thomas Daniels. H. g Ward.
For the Fourth District-Thomas Clarke,
Henry G. Wayne, J. ]. Dale.
And il is ordered that Philip NJ RUSSELL Jr ;,
ESQ, be appointed by the undersigned to make
and cause to be delivered to each of the above
named appointees a copy Of this order of ap-
pointment and that the original order be filed
in the Office of the Clerk OF the Superior Court
of Chatham county. there to ref ain OF record.
Judge Superior Court Chatham County, Ga.
VIM D. HARDEN,
Judge Citv Court Of Savannah.
JOHN o. FKRRILL.
Ordinary Chatham County, Ga.
In compliance with the above order, Mr..
Philip NJ. Russell, Jr., requests that the
gentlemen selected as the Registration
Board and Election Managers will meet at
the Ordinary's office at ten O'Clock this
morning on business connected with their
appointment.
BILL OF INJUNCTION.
Immediately after the appointment Of the
managers, Mr.. J. J. Abrams filed In the
office of the Clerk of the Superior Court
bill OF Injunction to restrain the appointees
from exercising the duties of Election Mana
gers AMI Board Of Registration.
The bill was presented to Judge Tompkins,
who granted temporary restraining order:
and appointed hearing for the matter at 10
O'Clock this morning. As there is much
general interest felt in this matter, we pre-
sent herewith a copy OF the petition for tn-
junction, which 1t will be seen has only two
signers:
GEORGIA. CHATHAM COUNTY.
To the Honorable the Judge Of the SuDerfor
Court of Chatham County, Exercising JUr1S
dictiOn IN Equity:
HumbIy complaining, your orators, Warning
Russell and Jacob J. Abrams. who allege
themselves to be citizens aud residents and tax
Al. 80 Ca oh md
tors OF the municipal corporation known as
the Mayor and Aldermen OF the city or "a
vannah, in behalf Of themselves and sueh
other persons as may hereafter become parties
hereto, allege-
That by an act OF the General Assembly OF
the State of Georgia. approved September ~:
1881. it is provided lin the second section or
said act as follows: 1.-THE Judge OF the Superior
Court of Chatham county. the Judge Of the
City Court of Savannah, and the Ordinary OF
Chatham county shall appoint three freehold
ers residing in each militia district in said city,
who shall constitute Board OF Reg1straton
and Election Managers in said city; such ap-
pointment shall be made not less than two
months before each election for Mayor and
Aldermen of said city. immediate y
upop their appointment the members of said
board for each district shall prepare suitable
book. alphabetically arranged, in which 70 reg
lister the names of voters to vote at the I'M
pending election. Such books shall contain
spaces in which to inscribe the name, sge,
place OF nativity and location of residence, de-
scrlbinS the same definitely by ward, street,
number of house, if any, and cross street The
said managers for each district, or majority
OF them, shall attend from o'clock q. M to
D. m. for each dav except Sunday,
for two weeks Immediately preceding the cleo
ton at some convenient point in the district,
of which notice for ten days shall be given in
the official gazette of said city, with the books
prepared for that district, so that all persons
otherwise qualified may register in the district
in which they reside. in order to vote at said
election All applications to register must be
in person and no person shall be registered
until he has first personally answered all ques-
tons necessary to the proper filling up or the
blanks in said books Any member or said
board may swear any applicant for registration
touching his right to do So"
And your orators further show unto your
Honor that the third section of said act pro
vides that said board shall attend at the court
House on the day Of election and receive the
votes Of electors and administer an oath to
said eleBtors touching his or their right to vote
if challenged. And the fifth section OF said act
provides that said board and they alone shall
be the managers of election. and alone count
the ballots and certify the result. and that they
shall take and subscribe an oath TO well and
truly perform the duties, which oath is taken
and subscribed before the Clerk OF the Superior
Court of said county.
And your orators further show unto your
Honor that the said act is unconstitutional and
void. and contrary to the provisions of char ter
81 article l. paragraph % of the constitution
of Georgia, which provides as follows: The
legislative judicial and executive powers shall
forever remain separate and distinct, and no
person discharging the duties of one snail. at
the same time, exercise the functions OF either
of the others. except as herein provided" And
YOUR orators further show unto your Honor
that the appointment of said Board of Regis
tration and Election Is not a Judicial function,
and that their duties relate to no judicial suit
or proceeding. but solely to the exercise by the
citizen OF political rights and privileges. That
the appointment by said judicial officers of
said board is illegal and void, and confers no
power upon said board. said act being uncon-
stltutional and void And your orators show
unto your Honor that notwithstanding the
premises there was on November Sth, 1882, APP
pointed by the said Judge
For the First Militia District-Martin Cooley,
H Haym, @. d. De LaMotta;
For the Second Militia District-JOhn Ruther-
ford F. A. Van Wagenen Isaac Russell;
For the Third Militia Dlstrict-C. w. Ander-
son. Thos. Daniels. H g. Ward;
For the Fourth Militia District-Thos. Clarke,
AS a Board of Registration and Election Man
ayers and that said persons are about to take
the oath prescribed by law before the Clerk Of
the Superior Court of said county. and that
said board will, unless restrained by order of
this honorable court, enter upon the discharge
of said duties. And your orators further show
that the expense of said registration, and for
the preparation of said books is to be paid out
of the treasury of the city of Savannah, as well
as the compensation for said managers
and their clerks. That there is no
other remedy TO prevent SAID Illegal
proceedings except by a resort to court
OF equity; that said actions and doiRgs are con-
trary to law, and tend to the wrong and injury
of your petitioners as such citizens and tax
payers. Forasmuch as your orators can have
no other remedy except by the interposition OF
this honorable court. to the end therefore that
the said Martin Cooley ct al and each of them,
the Clerk of the Superior Court Of Chatham
county. and the Mayor and Aldermen OF the
city of Savannah may be restrained from pro
ceeding with said registration, or the procuring
of SAID books-the said Clerk from administer
ing said OATH the said the Mayor and Alder
men from paying out any Of the public monies
the payment of sail election and
registration board. or any Of them or
their clerks-may it please your Honor
to grant not only the writ of injunction to be
directed TO each of said persons SO appointed,
to the Clerk Of the Superior Court, and to the
to restrain them and each OF them from doing
the scts complained of, but so the writ OF
subpoena to be to them directed commanding
them respectively to be and appear at this
court in the term Of December next to answer
this bill and to stand to and abide and perform
the order and decree of the court in the prem
ises and these complainants expressly waive
discovery from said defendants and each OF
them, and your orators will ever pray, etc,
J. j. ADAMS,
Solicitor for complainants.
You. waring Russell, do swear that the facts
stated in the foregoing petition are true.
lSigned] WARINc RUSSELL
sworn to and subscribed before me this 8th
day of November, 1882
J. KIP CARR. Deputy Clerk 8. G. @.
In Superior Court OF Chatham county, in
chambers.-Upon reading the foregoing bill,
verified bv affidavit il is ordered that the fore
going application for an Injunction be heard
A.. In sal