The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-01-28
SET BACK ALL AROUND.
COMMISSIONER BOURQUIN FAILS
TO GET HIS sUMMONsE5.

/ JUSTICE MCOeELuOEL AOLlue1 LQat he
Must Call Out the First Districts
Male Population for Road Duty on
Feb. II and 13-Mr. Bourquin Has a
Hard Time Getting His Summons
Blanks, but He says He Will Get
Them Somehow - WI hat Alderman
Harmon Says.
Commissioner Bourquin, chairman Of the
board Of county road commissioners, re-
esived several set-backs Yesterday in his
Efforts to get summons blanks for the jus
tees of the peace Of the First district TO call
out the male citizens of the district to work
the Louisville road; but notwiths5 anding
bis Ill luck, he was just as determined as
ever last night to fight 10 a finish.
Mr. Bourquin notified Justice McDermott
yesterday to issue summonses to-day for the
citizsns to turn ous Wednesday and Thurs
day. Feb. u and ID, to work the road. and
in default to appear o. Monday, Feb II, to
give their reasons for not complying with
the summonses. Mr.. Bourquin was unable
to serve personal notice on Justice E1dres,
who, it Is believed, got wi I'D Of M. Bour-
| qnin's visit and slipped out the back way to
| see a man.
|
Mr.. Bourquin applied to Capt. john R.
| Dillon for the necessary summons blanks
for immediate uss an was refused. He
then sought TO have meeting Of the board
| Of county commissioners called to take
action IN the matter, and failel in that di-
rection.
In an interview with MORNING NEWS
reporter Mr.. Bourquin said last night that
| he had applied to Chairman Walker to
| l ha b.
him, and Col. Walker would not give an
affirmative answer, but said that it was a
| matter for the board Of county commits
| sioners to act upon. Mr.. BOulquin SAYS
that he next asked Commissioner EstiD,
and he expressed the opinion that the
blanks could not be denied him. Commits
| sioner Smart was next visited but he was
| non-committal, but thought that part of
the Louisville road lying in the city limits
| ought to be worked.
81 have promised to have the summons
blanks in the hands of the justices by noon
| tomorrow, said Mr.. BourqUin last night.
land they will be filed in tomorrow, and
served. You can depend on it,"
How will you get the summons blanks?o
Mr.. Bourquin was asked.
WILL GET THEM SOMEHOW.
''Never mind how or where get them, y
| he replied 81 will have them ready for
delivery by noon"
your interview with the county officials
in Mondays MORNING NEWS is calculated
to mislead the people, Mr.. Bourquin said.
There Is nothing in the road laws of 1875
governing Chatham county, in conflict with
section 652 OF the Code. l have never
called out the male residents Of the city TO
work the public roads in the county.
nor do 1 claim that I have any
authority so TO do, but there is
nothing in section 1 of the road laws of
Chatham county in conflict with section 652
OF the Code. Section 1, which the county
official quotes, do es not provide that citi-
zens of the city shall not be called out to
work the streets of the city, when the city
authorities neglect or refuse to put the
streets in repair.
THE JUSTICES EX-oFFICIo COMMISSIONERS.
In such an emergency the unrepeaed sec
ton 652 of tue Code makes the justices Of
the peace in the district where bhe neglected
street Is located ex-oflicio road commission
ers, and /, as chairman of the board of
road commissioners under the rules and
regulations of the board, must serve
notice on them to comply with the pro-
visions OF the statute Section 9 Of the
road laws of Chatham county gave us full
power to pass the rules and regulations
under which have issued the notice TO ex-
olhclo Road Commissioners Endres and
McDermots"
Mr.. BoOrquin says that Justice McDer-
mott informs him that he has consulted
with w. G. Charlton, Esq, and the la tor
told him THAT there is no way of legally
escaping the service of the summonses, aud
Mr.. Bourquin claims that the weight Of
| legal opinion is on his side.
| The persistency with which Mr. Bour-
| quln has been pushing the matter has led
| to negotiations between the city aushori-
ties and the county commissioners, the
initial step having been taken Yesterday
| afternoon by a communication from Mayor
| Schwarz to the county commissioners look
| ing TO some ARRANGEMENTS whereby the
road may be worked, and the citizens
saved the modification of marching across
the canal with spades and hoes to
work the road, and it is believed that some
1 plan Will be devised to obviate the necessity
| OF turning the citizens of metropolitan
city into corps OF sappers and miners.
| THE CITY CAN'T DO THE WORK.
| Alderman Harmon, chairman of the
street and lane COMMITTEES, says that he is
perfectly willing to put the road in repair
! pose, but until such provision is made
he does not propose to divert the
money appropriated for needed street
| repairs in the city proper
to repair to roads west of the canal. He
says that the condition of the road is not as
| DAD as IL mas Deen reDresen ted. 1t Is q sandy
| road, and there are some holes in it. but it
is no worse than some of the streets nearer
the trade canters, and he does not propose
to take tine money raised by taxing the pso-
| pie for street work in the improved Dor
tions of the city, and waste it outside of the
Improved portion of the city. Mr.. Bour-
| quin, he says, cannot make people work the
roads who pay taxes for keeping up street
repairs. Mr.. Bourquin has no authority
whatever, Mr.. Harmon contends, over any
roads or parts OF roads except those which
lie outside of the corporate limits.
THE RULES DON'T APPLY.
1t is contended, also. that the rules and
| regulations under which Mr.. Bouruuin
claims to be working as president Of the
board, do not apply at all to the case in
| point, as under section 652 no authority is
| given his board to pass rules and regula-
tions, the power given his board only pro-
viding that his board shall only pass such
rules ana regulations as may be necessary
| to carry into effect the purposes of
the road laws of Chatham county OF 1876
| section 9 of the consolidated laws specif-
cally defining what law may be enforced by
rules and regulations of the board of road
| commissioners, the language of the section
being as follows:
SECTION O. Be it further enacted. That the Or
| ganization known as the board of road commits
soners of Chatham county be, and the same is
1 G~r,,.. ell