Savannah morning news. [volume] (Savannah) 1868-1887, 1885-11-21
MAYOR LESTER EXPLAINS
HIS DIFFERENCES WITH THE
SOLICITOR GENERAL

pro. teu7. TO Examine the FOltCe DOCK
et-Awaiting the Sitting of the Grand
Jury.
The Mayor made lengthy statement 20
the City Council yesterday. in regard 10
the proceedings recently begun by the
Solicitor General
Tie Council met in adjourned session
al noon. After the routine Business had
been disposed Of. the Mayor said that be
desired 10 call attention TO a matter which
had recently attained considerable promi-
uence before the public He alluded to
his difference with the Acting solicitor
General. He was reluctant, be sad, IN
making any statement In regard to the
mater As am individual. but as the Chief
Magistrate of the city, whose conduct
ought % ne known 70 tine Council, he
deemed it BEST to put the facts clearly be-
fore it,.
He referred go the interview with the
acting solicitor General. Mr.. George
W. owens. and stated his reasons for re-
fusing 10 allow aim 20 examine the police
docket. Dir. Owens was in possession OF
the docket and was making abstracts
from 10 i'm the Office Of the clerk Of council
when the mayer was informed OF what
was being done. The examination, Mr.
Owens stated, was for the purpose Of
securing evidence against certain parties
whose names were on the docket
for violation of the Sunday law
with a view to bringing them before
either the Superior court or city
court for prosecution under the state
law. These cases were informations re-
ported by police officers specially detailed
Tor that service.
The Mayor here read the Sunday
ordinance passed in July, 1854;
Every person who shall keep within the city
of Savannah or its extended jurlsdlctiOnal
limits shop, store, barro0m, tavern, oyster
house or cellar, confectionery. eating house,
porter. ale or beer house, shall, on every sat
urday night at - O'Clock. close and Keep shut
the door or doors and window or windows Of
such shop, store barroom. bar in or attached
10 a tavern. oyster house or cellar, CONNECTION
cry. eating house, porter, ale or beer house
until the hour Of y o'clock sunday night.
No person shall exchange, barter, sell or
offer or expose for sale after l2oclock on every
Saturday night and until y O'Clock Sunday
night any goods. wares. merchandise, FRUITS
herbs, malt. vnOus or sprltuous liquors or
any other strong drink or anything WhatsO-
ever except medicine. ice or milk.
If any person or persons shall violate any CT
the provisions Of this article he, she or they
shall upon conviction thereof in the Police
Court be fined in a sum not less than 800 nor
more than 500 iar each and every violation
One-half OF suCh sum to 20 To the informer,
the other half into the city treasury.
A number Of cases OF violation of the
ordinance had been on the docket from
time TO time, and had been tried and the
offenders fined. Several were on the
docket at the time the Acting Solicitor
General sought tOeXamine it. A number
had zen tried, and others we're pending
4 asked Mr. Ovens" said the Mayor,
Elf his object was to get information
these parties again, and sug-
gested that IL was not the right
thing to do. The ordinance under which
the cases were brought before the police
court did not prescribe penalties for
keeping open tipping shops, but any
place where business is transacted. In
some instances. however it might be
that cases could be made out against
parties who had already been fined. ]
did not consider it just that they should
be prosecuted twice for the same OfIense."
"Mr. Owens stated that he mad no dis
erection in the matter. He had been
directed by the Solicitor General 10 ex-
anime the books, and he was there for
that purpose.
= again suggested" said the mayor.
s'that such prosecutions as Mr.. Owens
proposed might seriously interfere with
the enforcement of the city ordinances.
''It is adifficult matter" he continued, ''tO
secure evidence necessary 10 convict in
cases OF this character. Policemen are
oisinclined 70 testify in information cases
and unless specially detailed it is not easy
70 get them to report violations unless
they fall directly under their eyes, es-
pecially when there is a probability that
they Will be summoned as witnesses in
the same case IN another than the police
court. explained the matter fully to
Mr., Owens. He repeated that he had no
discretion in the matter, and then closed
the book"
tEThnua oofd kLo No. IT, -.
sons for refusing to allow the docket to be
examined. They may be correct or not.
] think they are correct"
lie went on to say that II the Solicitor
General had sought the Information in
person the result might have been differ
ent. Mr.. Owens stated, however, that he
had no discretion, and was acting under
positive Instructions.
u did not consider at the time,1 said
the Mayor, whether my action was law
ful or not. / acted upon what | consid-
cred 70 be right / have since given the
matter some attention, and am convinced
that court records OF the character Of the
police docket are not open to inspection
Tor the purpose OF securing evidence to be
used in prosecuting parties who have
already been punished"
He denied that in refusing 20 open the
records bis purpose was 10 Obstruct the
administration Of Justice. On the con.
trary, il was his purpose 10 suppress evil
by vigorous enforcement Of the law
lie referred 20 the statement OF the SOici.
tor General that the city authorities
seemed to be endeavoring 10 impede in.
stead Of cooperating with him in closing
up the saloons on Sunday. "The Solicitor
General NAV think So" he added, ''but
such is not the case. The city authorities
do not obstruet an enforcement OF the
law"
Alter his interview with the acting So
licltor General the Mayor stated that he
beard nothing Of the matter officially
until day or two ago, when be was
served with number OF subpmnas direct
Ing him 70 bring before the grand jury OF
the Superior Court all books or papers of
the Police Court having any bearing upon
or containing any Information about the
violation OF the sunday law, to be used as
evidence by the state against certain pnr-
ties. In this he did not know whether the
Council was called upon 20 act in its Off
cial capaclty,Or not. II do not propose
20 be obstinate In the matter" he said. ~
do not propose 10 Obstruct the law or ius-
tice, but there are certain prOprigties that
ought 70 be observed"
The Mayor declined to state what course
he should pursue in regard 10 the subpU-
mas. lie had thought best TO say nothing
about the matter publicly, but since il
had been ttbloWuN into prOminpncp