Savannah morning news. [volume] (Savannah) 1868-1887, 1885-12-11
MAY BUILD THE JAIL.
JUDGE AID ANS DECISION IN THE
INJUNCTION CASE.

XnissiOners Free to Go Ahead with the
Work-A Review of the Grounds on
Which the Application was Based-The
Constitutional Provision Inapplicable
The Superior Court room was well
filled yesterday morning when Judge
Adams read his decision in the new jail
injunction case. The petition for re-
straining order against the Commission
srs OF Chatham county was argued ABOUT
three weeks ago. The compliments were
Albert :, Bacon and other citizens VINO
own property in the neighborhood Of the
site proposed for the erection OF new
fail. on the corner Of Habersham street
and Perry street lane. The petltlon-
ers were represented by Guerrard ~ Mel
drim, and the Commissioners by cen; H.
A. Lawton and Z. j. O'COnn0r, Esq. Inc
Cjtv,s interest in the case was watched
bv Ii, G. Cunningham, Esq. The decision
was full and carefully prepared, ana de-
MED the application.
Judge Adams in rendering his opinion
reviewed the grounds on which the COM
plainants based their application. The
petitioners urged that the building OF
new Jail is unnecessary; that the struc-
fure now in use is adequate; that II ln-
adequate, it may be enlarged and i'm
proved; that if new Jail be in fact
needed, the present site is more suitable
than that which has been chosen.
POWERS OF THE COMMISSIONERS.
His Honor stated the powers and duties
of the Commissioners as defined In the
code, which invests them with the con-
troll of all property belonging to the
county. Sections 496, 497, sol, 5O2 and
b08 delegate to the County Commissioners
powers comprehensive and exhaustive In
reference TO the repair or erection OF
Jail, or other county buildings. Referring
80 section 504 His Honor said:
sit will be further observed, that the
statute, by its terms, does not provide for
the intervention OF taxpayer by lnlunc-
tion, except to restrain the levy OF an eX-
brilliant or unnecessary tax"
CANNOT BE CONTROLLED BY THE COURTS.
Quoting Judge Dillon on this point,
Judge Adams said:
ssWhen the law confers upon local tri-
bunals or governing bodies the power to
determine upon the eXpediency or neces-
sity OF measures relating to the local gov
eminent. their judgment upon matters
thus committed TO them, while acung
within the scope Of their authority, can
not be controlled by the courts. In such
case. the decision of the proper corporate
officers is final and conclusive, unless
they transcend their powers. Thus, for
example, If a city has power to grade
streets the courts Will not inquire into the
necessity Of the exercise of it, or the re-
fusal TO exercise it, nor whether partic-
ular grade adopted, or particular mode
of executing the grade, is judiciOus'"
Other illustrations mentioned by the
same authority we're quoted, and His
Honor stated that if the Court has any
right to review the Judgment Of the Coun-
" Commissioners Il can be only when
abuse of discretion on their part is shown.
REPORTS OF GRAND JURIEs.
In examining that point the reports Of
thirteen different grand juries on the con-
ditIOn of the present jail, and the neces-
silly for new one were quoted: The
grand jury Of the May term, lS4S. char
acterized the present jail as unit for the
occupation OF human beings"
The grandjury Of the May term, 1S49,
cite the above expression.
The first district recommendation OF a
grand jury Of a new jail upon new site
was in the June term, 1881.
The grand Jury OF the December term,
1883, Charles II. 0lmsJead being foreman,
use in their general presentment the fol-
lowing language: "FOlloWing in the foot
steps OF many preceding grand juries, we
condemn our county jail as a disgrace to
civilization, and we recommend that no
time be lost in building a new one.
The site selected by the County
Commissioners near the police bar
racks in this city, seems to us pre-
eminently the best that could have been
chosen for the purpose, and as citizens
and taxpayers of the county and city, we
regret that they were unable to purchase
1t. II, however, the Commissioners are
compelled to build upon the
present site, we would re-
commend that at least one-half OF the
ground be sold, and the proceeds added
10 the building fund. as there is more
land upon the jail lot now, than there is
use for"
RECOMMENDED THE BARRACKS SITE.
The grand jury OF the March term, 1884,
George G. Freeman being foreman, quote
with approval. the foregoing recommen.
datiou, as to the building Of new Jail on
the police barracks lot.
"Whether the location chosen by the
Commissioners is as desirable for the pur.
pose as that which is to be Abandoned
said the Judge, sis matter which theil
discretion controls. In this particular
likewise, their judgment is strongly in
dorsed by the several grand juries thai
have spoken upon the subject. The facts
and considerations presented have raised
no doubt In our mind as TO the correctness
Of this judgment"
The CONSTITUTIONAL RhONISlONs
Touching upon the point Of compensa
tion, Judge Adams said:
"Tbe constitutional provision which II
invoked by these c0mplainRnts appears Il
us TO be altogether inapplicable. Thii
provision has reference to the exercise o
the right of eminent domain, and makes
compensation compulsory where private
property Is thus taken or damaged. But
The exercise Of this right is in no wise In
volved In the proposed erection Of this
Jail. The county is not asserting this
right: II owns the land; 1t has the same
right to build on 1t as a citizen would
have to build upon his private property
The rule OF liability Is the same as Il
both. The individual would not be Liable
for damages OF this character IN like
case; nor Is the county liable. If there bC
damage, II results from the exercise o
lawful dominion over property by tn,
owner thereof, and it involves no invasion
of the rights Of another. II there bt
damage, IL is dd0snum dbSque iiljurid."
NOT EASY TO DETERMINE.
"We remark, in passing, that il Oh,
Fight Of property holders in the vicinity {,
recover damag on account OF the cree
ton of a new jail be conceded, IL woulC
not be very easy matter TO determin,
Just where this right ended. Within
what radius will II be said that the dele
terious influence Of the jail will operate
What Is the requisite proximity TO give