The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-12-04

The Liberty Street Psvemsnt Matte
20 De Taken Into Court a. Once.

The Liberty Street Psvemsnt Matter
20 De Taken Into Court 81 Once.
The attorneys for the city and those LIB
srty street. property owners who are re-
slsa1g the payment Of the asphalt pavemen {
EASEMENTS. have come 70 an understanding
that there shall be a reasonable and mutual
effort 70 have the iss1s determined at as
early date as practicable, and, therefore.
the s11daTits Of Illegally served day before
yesterday On City Marshal Wade are not to
Be made returnabls =. the March term Of
the superior court, bat by consent q
test case Is to be heard at the present
term Of the court, ami il is thought that by
this means the case viii get into the supreme
court Of the state and be disposed Of BY
April L
Whistler in the event Of the defeat of the
property holders the case will find its way
70 the supreme court Of the United States is
thought by some 70 be problsmatical.
W neither writ Of error would be granted
BY the supreme court OF the state on the
Claim that me statute authorizing the
paving Is in violation OF the fourteenth
amendment TO the federal constitution is
also probiematical
IL would take full page of the MORNING
NEWS TO give all the reasons, and argu-
ments, and particulars, and conclusi ons in
usual redundancy aud semi-repstitions of
reasons why the & IA. of the mayor and
aldermen issued illegally by levy upon
the property abutting on the asphalt pave
ment.
The statute of October, 1887, under which
the city paved Liberty street, and assessed
portion Of the paving expe lses, is held to
be in violation OF three articles Of the state
constitution, and in violation of the four
teenth amendment TO the constitution of the
United States, and several reasons are given
why.
The ordinance In regard TO paving is held
to be invalid and void because it does not
conform to the act Of the general assembly
OF October, 1887, and thiro reasons are
alleged wherein it does not so conform.
The ordinance is held to be void because
his alleged that it is contrary to, and not
Ia accordance with, the act of the general
assembly Of September, 1885, and some
fourteen or fifteen reasons are alleged why.
The objection is raised that the cost Of
curbing for grass plats, cost Of cess pools
and sewerage and draining work is in
cluded in paving assessment.
Another ground Of objec ton is, that the
work OF p wing, grading, etc., has not been
finished and Jmpleted according to con-
tract, and is defective. has been rejected by
the mayor and aldermen, and only condi-
tionally accepted on the execution of an
indemnity bond Of $4,000 by the con-
tractor, TO which the Liberty street prop
erty owners are not a party.
The issue is raised that the assessment
was not make pro rata, and that a greater
proportion Of assessment per foot is made
east Of Tattuall than west of that street,
and that the city made out bill June 10,
1885,, charging s. Sc. 6S3 per front foot, a1d on
Aug. %, 1885,, another bill charging different
sum per foot; that the city mas Sc tied with
some property owners at So q. 305, and
seeks to collect from Others S. AZ. 147 per
foot.
1t is claimed that the levy Of the execu-
ton has not been advertised according to
law, and on this point they say that the
manner Of advertising sheriff sales under
which the city marshal should have been
governed by the ordinance of March 6, 1873,
in the city Of Savannah and the county of
Chatham is by publishing the levy in the
MORNING NEWS, the official paper desig-
mated by the sheriff of said county, and
" hich must continue the official paper for
the advertisement of sheriff sales until due
notice shall have been given by said sheriff
OF change to another public gazette; that
no notice OF any change has been given,
and the said levy has not been advertised in
said MORNING News, as is prescribed by
law, but has been advertised in the daily
Erenieg Times.
The execution is also held to be illegal be-
cause the street railroad has not been COM
PEELED to maca jamie and pave between its
tracks and on the outside Of the same, as is
required by acts of 1885 and 1887.