Savannah morning news. [volume] (Savannah) 1868-1887, 1885-11-14

the decided and earnest presentments Of
numerous grand juries OF chatham coun-
tv, commencing In 1919 and coming down
to the present time; by the favorable and
unanimous action OF the City Council on
Jan. 6. 1888.
on the application Of the County Com
missIoners to grant 20 them fee simple IL
Ties 70 the lots Oh which the present jail
Is situated the same 20 De sold, and the
proceeds applied 90 the construction OF a
new Jail on some other site within the
CITY. This action required the erection
OF "a new jail TO be- actually commences
within limited time and this time was
afterwards three times extended on the
| application 10 council OF the Comm SsioD-
! er SO as 20 save the right The defend
ants add that the present comp.Ainauts
made no other objections 20 the site pro-
/ posed than the evil effects GA their prop
erty which they predicted would follow.
No oOnsti utioual objections were raised
until the Commissioners hsd paid
out the money Of the people 10
ACCOMPLISH THIS PUBIC coon.
Nor until the city Of Savannah had con-
yeyed the lots and received the money
nor until application Tor this injunction.
Nor We're any steps taken % prevent the
Mayor and Aldermen from executing the
title 20 the lots.
Tle defendants deny that THE erection
OF q jail on the proposed site would be
nuisance, but on the contrary, insist thar
it will be- a great Improvement on TIE
present aud past belong nEs on sud around
the site, snd VIII sdd IN. rather THAN ;aAe
from the value Of compl2lrants prop
erty.
The answer concludes win the state
ment that the c2upla.naurs adult they
would have cr5u lare ss-lnus. GaUa-el
lai the Jail been bulk GA tle three lots ol
Liberty st-ea-, and yet no steps were
taken 10 restrain tle Use Cl those lots for
Jail.
Nr. O'C0uuor read extracts from the
reports ~ grand 1Crles from 1872 20 June.
1855, condemuing the present jail as IN
SAFE. BADLY constructed, improperly ven
-.ated and "disErece Oh CIVILIZATION
some ~ rle 'urles condemned it as t01 FAR
sway from the local c0ustaoulary and the
courthouse, unhealthy and too small.
several 20 TIE Cr2ud ures. after recon-
n=nding q new jsu building, declared
that the site now selected IS the very best
lu the city for the purpose. on one OF the
reports, dated April n, ISIS, urging
strongly the erection OF a new jail, ap-
pears the name OF Thomas Ballanyne.
CONDITION or THE JAIL.
The affdavits OF Sheriff Roman and
7f- FL az AEt4 eEA 1NE men N ere IEols CLEF-
i'll Romans affidavit stated that the pres
eut building IS unfit for jail. IL has no
accommodations for lunatics, and no dis
uucuOn in treatment can be made De-
tween person detained as witness in
case and murderer. Prisoners have also
10 be taken publicly through the streets
from the Court House and Barracks, dis
tance Of three-f0urtAs Of mile.
The real estate men ali stated In their
o -ls. -l.l
% the site selected would be enhanced i'm
value rather than deprecated 10y the cree
ton OF an INTELLECTUALLY neat jail.
Dir. Meldrim also introduced the afida-
Wits of some real estate men and the OVID
er5 OF the property around Habersham
and Liberty streets, showing that real es-
tate viii depreciate If a Jail is erected on
the proposed site.
Both sides exhibited and introduced
Photographic views Of the locality.
The cOmplainants' counsel had the
opening and concluding speeches. He
spoke at some length each time in sup
port OF the bill, claiming that the new
building will be nuisance, and that the
property owners should have compeusa-
ton If the jail is erected.
Mr.. O'COnnOr read several authorities
favoring the defendants. and was followed
by Gen. Lawton in argument. The latter
held that the Mayor and Aldermen could
not be brought into the case as defendants
for the question of conveying the present
jail property to the county is something
remote and has nothing to do with the
case. Reading from brief prepared a
few years ago, the counsel said that the
title to the Jail and lots on which it is
built belongs in fee simple to the Commits
slOners Of Chatham county.
At the conclusion of the argument the
papers We're handed to Judge Adams, and
he reserved his decision.
Although il is probable that the matter
Will be taken up TO the Supreme Court no
difference which way the question is de-
cided the decision OF judge Adams will
be considered as almost settling the point,
as the decision OF lower court in injunc-
ton cases is rarely reversed.