Savannah morning news. [volume] (Savannah) 1868-1887, 1885-11-14
OPPOSED TO A NEW JAIL.
ARGUMENT ON THE BILL FOR
AN INJUNCTION.

At II O'Clock yesterday morning the ap
plicatlon for an injunction against the
Commissioners of Chatham county came
up before Judge A. Pratt Adams, sitting
in chambers.
The injunction asked for is to restrain
the Commissioners from building the
proposed new jail at Habersham
street and Perry street lane. The
orators signing the bill ares Judge
VIM. y. Harden and Messrs. Albert
$. Bacon. Augustus Barrie, George Corn
well. Thomas Ballantyue, Julius Hunt,
Thomas n. Harden. Matthew w. Hogan
md Alfred Haywood All OF the COM
p.aiuants are owners Of property near the
site selected. The compliments were
represented by Zion. L. ". Meldrim and
the defendants by Gen. 4. L. LaWton and
p. =. O'CCuuor, EsQ.
Corporation Attorney Henry c. Cum
niugnam, Esq, occupied seat by
the side Of the counsel for the
Commissioners. and Judge Harden was
an interested listener from the complain
ants side Of the room. a few members
OF the bar. some county officials ana prl-
Yate citizens dropped IN during the after
noon.
The complaiusnts' counsel. Mr.. Mel
drim. opened the case by reading the bill
1ied By the orators, in which they asked
Tor relief and injunction against the
Board of Commissioners.
FEATURES OF TUE BILL.
The bin set forth tla. son July is, lS>3.
the defendants aQpeGiel TO the Ci.y C3un-
Gil for certain portion of t2e city domain
lying on tle northwest corner OF Hats--
sham street ana Perry street lane IS
lad n ~
learning " such application tne cOm-
plsl1ants. together with number 81 the
residents OF the neiclboiloot, petironed
Council not 70 convey tnis portion u the
public domain 90 said Commissioners for
sald purpose, and protested against tle
erection OF jail in that portion u the
city"
The paper recited that on Dec. 10. lSS3.
Council refused 90 grant the petition Of
the Commissioners. Another application
was made and refused, and on April p.
1854. third application Was made 10 the
same Council for the lard. The Com
missioners gave as an additional reason
that they had bought three lots on the
southwest corner Of Price and Liberty
streets for the purpose of erecting jail.
but that the site was less available and
more Objectionable to the property-owners
OF that locality than the site now selected.
and was
NOT so WE'LL LOCATED.
This third petition wasre.used by Coun-
Gil. ON April -, 1850, All ordinance was
introduced to allow TIE building 0f a jail
on the Habersham street site. Ii was de-
clared in the bin that the cOmpiainauts
were not appraised Of the ordinance 10 be
introduced, and that the time was chosen
by Alderman orc MINOR with the knowl-
haze q. Do q
particularly the one In charge OF the
matter, were absent from the city. GA
Nav 6, 1850, the ordinance passed.
Another reason given why an injunc-
ton should be granted was that a new
lau is unnecessary. The present build
ing. the petitioners say, is sufficiently
strong, secure and commOdiOus. 1t is
we'll ventilated. lighted and heated, and
has capacity for the confinement OF 100
prisoners, where as ordinarily there are
not more than 10 inmates. II is located
upon lot 800 feet in front by 800
feet in depth, and ample room is
afforded for tue erection OF improvements.
More than this: if engagements and i'm
proyements are needed, they can be made
at one-half the cost Of "a new Jail.
II new jail were now necessary they
clam it should be erected on the present
Jail lot.
The area Of the proposed site is claimed
to be too small TO allow any yard for the
exercise Of prisoners or the deposit OF
dirt. The lots around the present jail
were mostly boughs since the Jail was
built. Once the Jail was Quilt about 400
yards from the proposed site, but when
the city approached it the Jail vas re-
moved TO its present site. Believing that
a jail would not be again erected in such
locality, the present orators bought lots
around there and built residences.
NO RIGHT TO BUILD THERE.
1t is stated in the bill that the commits
si0ners have no right to build on the site
selected, and thereby depreciate the prop
ertY adjacent without making adequate
compensation. The erection of Jail
would burden the taxpayers OF the
city with heavy debt. as the
greater part OF the cost will have to be
borne by citizens OF Savannah. The
orators also claimed that an electioe
should be held to see If two-thirds Of thin
qualified voters Of the county are in favor
OF building new Jail.
Two or three amendments 20 the bill
were read. One OF these asked that the
Mayor and Aldermen be made 10 come
into court as defendants. This amend
ment was based on the declaration that
the title TO the present jail lot is vested in
fee simple IN the city OF savannah, and that
therefore the Commissioners have no
rignt 70 consider the property as "a source
70 obtain funds for the new building.
The amendment also set forth that the
city has no right 20 grant any donation in
favor OF any person or corporation, and
that grant without consideration would
be void. Another amendment was that
special tax cannot be levied without
the express delegation Of such power. and
that power has not been delegated TO the
commissioners.
ANSWER TO THE BILL.
Gen. Lawton, on the part Of the defend
ants. read their answer.
"Ihe county Commissioners answering
admit that ON on about the different dates
set forth in the cOmplainants bin taey
made application to the Mayor and A lder.
men OF savannah for q strip OF land on
the corner Of Habersham street and Perry
street lane on which 90 erect a iail for
Chatham county. They assert that the
ordinance passed by Council MAY 6, 1885.
had been formally introduced two weeks
before and haQ been regularly published
IN the newspapers of savannah and that
IL was well known 10 the citizens Of
Savannah that the ordinance would be-
either adopted or defeated at the explra-
lion Of TWO weeke.'
The answer continues: "NO citizen
who was neither blind nor deaf nor
strangely Indifferent % the public affairs
OF his city and county could have been
Ignorant Of these facts no the time trans.
piring. These defendants utterly deny
that any duty was imposed on them 10
give personal notice % The com nlnluaut0r