Savannah morning news. [volume] (Savannah) 1868-1887, 1886-03-03
SEVEN REASONS GIVEN.
WHY THE MAYOR is NOT IN
CONTEMPT OF COURT.


Police Docket.
The rule nisi against Mayor Lester and
CLERK of Council, Mr.. Frank r. Rebarer,
were argued yesterday afternoon before
Judge Adams.
The history OF the cases dates back to
August and September of last year, when
some twenty or more saloon keepers were
put on the information docket of the CITY
Police Court for keeping open their places
Of business on Sunday, When the cases
came before the Mayor the most OF Ine
dealers plead guilty and were hned $2o
apiece. Shortly afterwards some citlzehs
called Solicitor General duBignon'sat ten-
ton to the matter, and at MS request
George w. Owens, ESD. went TO the May
or1s office TO examine the records OF the
Police Court. The Mayor declined to al
low the examination to be made when In
formed that the names were wanted Dy
the solicitor General for the purpose OF
prosecuting the dealers under the state
law, which prohibits the keeping open OF
hpplng houses on Sunday,
ON Nov. H.. at the instance OF the So
licitor General,
sUBPGNAs DUoEs TECUM
were issued by the Clerk OF the Superior
Court and served upon the two city
officials by Sheriff Roman. The subpmnas
ordered the Mayor and the Clerk OF Coun-
Gil to appear before the grand jury with
the Information docket at the December
term. When the grand jury called for the
book 1t was not produced.
A rule was thereupon issued against
each official requiring him to show cause
Rt the March term why he should not be
attached for cOutemDt of court.
Capt. George A. Mercer and Hon. I.
W. Meldrim appeared for the defendants,
and Solicitor General duBi0non conducted
bis side of the case. Mayor Lester and
Mr.. Rebarer were both present and so
were several members OF the bar when the
case was taken up at 4 O'Clock. MIR. du-
Bignon explained that be was not present
on Monday afternoon because he supposed
some future day would be set for the az
gument. de said that he was engaged in
the City Court until p. m. on Monday,
and he had not been notified that the rule
was coming up at p. m. the same day.
THE MAYORS ANSWER.
Mayor Lester, in his answer, gave seven
grounds why he should not be held in
contempt of court;
First. Because the statutory provisions
upon which the subp@nas duces tecum
were based contemplated civil cases
peUQiHE III COURT anu nOL gIluuludl bhscb
before the grand jury.
Second. Because, at the date when said
mbpGnas duces tecum were Issued, to-
wit; Nov. II, 1885, none of the cases re-
lerred to In said subp@nas were pending
cases,
Third. Because, at the date of said sub
penas, the gr and jury of the Superior
Court Of Chatham county was not organ
ized, and was not organized until the first
Monday in December thereafter.
Fourth. Because said subp9nas did not
show that the evidence called for was
material, and in what particular it was
material.
Fifth. Because the evidence called for
Was not material or admissible IN evil
lence,
NOT PROPERLY ADDRESSED.
sixth. Because the said subp@nas were
addressed to r. Il. Lester, Mayor of the
city Of savannah, in his official capacity,
and ia SAID official capacity be IS the pre-
siding officer and judge of the Police
Court OF said city, which SAID court, by
the statute of Georgia. Is made court OF
record; SAID subpGnas contemplated the
production by judge OF court ofrecord
Of the official doOkets OF his court, to wit:
the Police Court OF Savannah in another
court OF record, TO wit: the Superior
Court Of Chatham county, and this re-
spondent respectfully says that one court
OF record in Georgia has no authority to
compel the production before it OF the
original records Of another coIrt.
Seventh. Because the said subpwnas
were not issued upon the order of the
Judge of this court, or of the grand jury
thereof, nor by authority OF either the
Judge. or grand Jury, but were issued by
the Clerk OF the Superior Court solely
upon the request Otthe Solicitor General,
and for the reasons aforesaid were re-
garded by this respondent as unau-
tborized and void, and for the same
reasons this respondent did not then, nor
docs he now. consider himself in con-
tempt Of court and disclaimiug all dis
courtesy TO either the court or grand
Jury, prays 10 be discharged.
MIR. DUBIGNON's ARGUMENT.
Mr.. Rebarers answer was the same as
the Mayors, but contained one additional
ground, which was that being the custo-
dian OF the books, he could not remove
them without authority from the Mayor
and Council.
A short discussion arose over the
order in which the argument
should proceed. Mr.. duBignon claimed
that, being the moving party, he had the
right TO open and conclude. In opening,
he remarked that what he should say
swer than discussion OF the legal prin-
cipies involved. In his opinion the time
for that was passed. The time for the de-
iendauts 10 have urged that the records
Of the Police Court were not material evil
dence was at the term OF court when the
document was required. Otherwise the
witness becomes the Judge Of the admis-
Eibllty aud relevancy OF evidence.
take the case OF a nOn-reslden sum-
m0ned to serve as a juror. suppose he
refuses 10 answer the subpoena and dis
regards the rule nisi. Would your
honor excuse him for a failure 90 respond
because be was not "a citizen OF the Statc2
Ine Witnesses should have been here at the
last term OF court. IL is now too late to
come IN and say that the evidence WAS not
material. That point should have been
made 30 The court before.
PURELY A LEGAL QUESTION.
Whether any case was pending on Nov.
Is lbs3 was purely a legal question. said
the solicitor General. and he maintained
that the cases were pending at mat time.
Ia reply 20 the last ground. he asserted
that that point also should have been
made a. the previous term Of court. He
had heard That Superior Court In GeOr-
gia could not compel an Inferior Court 30
produce records, but why 10 could not
be did not understand, when the Superior
Court has the power OF review.
Capt. Mercer replied, and stated that
the first answer OF the defendants was
that the statute authorizing the Issuance
OF subpmnas duces tecum never coutelu-
= =. 81 HaHI