Savannah morning news. [volume] (Savannah) 1868-1887, 1882-04-15
supreme Court Deeislons.

The following decisions Of local interest
in cases for this Judicial circuit have just
been rendered by the Supreme Court;
Washington VS.. State. Assault with intent
to murder-from Chatham. Criminal law.
Charge Of Court.
JACKSON, G. j.
l. On trial for an assault with intent to
murder, the court need not charge the jury
on the law of stabbing unless requested so
to do. 1t was enough that the law OF assault
with intent to murder and the law Of assault
and battery was given to the jury-the &C
tual stsbbing having been done by another
than the defendant.
2. A woman was present at the stabbing
with knife by another, and furnished the
knife with which it was done. She said to
the actual perpetrator of the crime, Omar
tina, come. she'll that Cd id Niger, and
get clear of her; get your satisfaction"
Held, that these facts made such person
principal in the second degree.
Judgment affirmed.
Fraser & Wilson, by brief, for plaintiff in
error; W. G. Charlton, Solicitor General, for
the State.
Healy VS.. Dean ct al Pllotage-from Nc
Intosh. Courts. Licenses. Certiorari.
Pilots. Practice in Superior Court.
JACKSON, G. j.
1. On an application TO the com
missiOners of the port of Dsrien for
a license to be issued to the applicant as q
pilot, pilots already licensed could not be
made parties to the proceeding, oppose the
grant of a license and carry the judgment
granting It to the Superior Court by
certiorsri as II 1t were a judgment of
court In a case Ia which thew were interested.
The commissioners should not hear them
otherwise than as witnesses in respect to the
| competency of the applicant or committees
| to examine him.
2. Where the applicant for q license to
| act as pilot has served two full years in a
| decked boat, there Is no necessity for the
Mayor or chief officer of the port to deter
mine that en- emergency exists before a
license can be issued to him. Code ST. 535.
(a) The commissioners are vested with full
power and ample discretion as to granting
licenses to pilots, and If it were necessary to
the validity OF their judgment to have had
the testimony of the Mayor or chief officer
| as to the existence OF an emergency, juris-
dictional facts appearing, the presence of
proper testimony will be presumed.
3. Even IL the commissioners had been
such an inferior tribunal as that this certio-
rari could have been sued out, the case be-
| ing one which, turned on facts, it should
have been remanGed for new trial, and not
finally adjudicated in the Superior Court.
Judgment reversed.
1
| plaintfff in error; Garrard, Meldrim and
| Fraser for defendants.
! The State eX rel. W. W. Churchill ct al VS..
James Walker ct al. Quo warranto-from
Mcintosh:
SPEER, j.
! l. Where information is filed by the So
| Hcitor General in the name of the State, we
cannot see but that the State is q necessary
party in this court, and it is not q party IN
| this case, because its officer does not sign
the bin Of exceptions for the State, nor is it
signed by other counsel as representatives
of the State. But the case will be disposed
| of on its merits.
| 2. Where petition and writ of quo war
ranto is brought by parties claiming TO be
| Mayor and Aldermen OF the city Of Darien,
| aud the application is also made by them as
resident citizens OF said city, they have such
| an interest in the offices of Mayor and AL
| dermen as will entitle them to maintain
| t. cir cause, although the term of Office for
which they claim to have been elected has
expired. Code 1908, 63 Georgia. So, 10.
2OS
3. The Acts of 1871, page 265, and of 1876,
| page 273, creating commissioners of McIn-
tosh county, with power conferred on said
commissioners to exercise the rights, etc.,
of the Mayor and Aldermen of the city of
Darien. are not unconstitutional.
T. The corporation Of the city Of Darien
4 is Inc Creature o.. auu lbS powers may De
| dissolved, modified or limited bv the Gen
eral Assembly. All acts of the Legislature
in reference thereto, or otherwise, are pre-
sumablv valid, unless it be clearly shown
that such acts are prohibited by the con-
| stitution.
5. There is no limit under the constitu-
| tuition of 1868 on the power Of the Legisla-
ture TO create commissioners and define
their duties, and a duty imposed on the
Commissioners Of Mcintosh county, to con-
troll the affairs of the city of Darien, is
within the scope of the title to the act of
1871. The same msy be said of the act of
| 1876. There is full accord between the
| title and the BODY of that act.
6 The acts of 1874, p. 1870, and of 1877, p.
| 800, also give these commissioners power
over the city of Darien. Ali these acts re-
| ferred to show one comprehensive design
to organize a constitutional board of com
missoBerS to administer the municipal gov
| eminent Of Darien Judgment affirmed.