The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-01-26
FOR Mr.. BoURoU1N's BENEFIT.
A County Ofncial Questions His Au-
thority in the Road Case.

thority in the Road Case.
A well posted county official pooh poohs
the idea that Road Commissioner Bourquin
has any authority to order the justices of
the First militia district TO work that por-
zion of the Louisville road lying within the
| jurisdiction Of the city, Under the code Of
1852 he says road commissioners are ap-
pointed by the ordinary or county commits
sioners, and as neither the ordinary nor the
board of county commissioners have made
any such appointments during thu past
| fourteen years there are no road commits
sioners in this county except under the pro-
visions of the special act of 1876. which con-
| hrmed the board of commissioners then ex-
isting.
This special act (see page 917, section ], of
Georgia Laws 1876 also exempts the male
residents of Savannah from road duty, aud
the gentleman says that if the law is uncon-
stitutional in its exemptions, it is also void
in its confirmation of the old board Of COM
missioners, and, therefore, there are no road
commissioners for Chatham county.
Special acts take precedence, locally, over
general acts, and are not repealed but by
special enactment. A general law does not
repeal a special law, unless specifically
mentioned.
For the purpose of showing the two feat
ures alluded to above the following sections
of the ''act to alter aud amend and consol-
idate the various road laws applicable to
the county Of Chatham, and for other pur-
poses" the following sections of the law Of
1876 are reproduced:
SEC. l. Be it enacted etc, that from and after
the passage of this act, allthe male residents of
the county of Chatham other than those resd-
ing within the corporate limits OF the city Of
Savannah, between the ages of 16 and GO years
shall be liable to work on the public roads in
said county, when duly summoned. in the
manner hereinafter provided; Provided, that
no service shall be required longer than five
days at any one time, nor more than ten days
in the year except in cases of emergency, to be
judged OF by the commissioners. "
SEC. g. Be it further enacted, That the organ
ization known as the board Of road commits
sioners of Chatham county be and the same is
hereby confirmed, with full power TO fill all
vacancies, and pass such rules and regulations
as may be necessary to carry into effect the
purposes OF this law.
A member Of the board of aldermen said
last night that the city is in no condition to
pave or even shell that portion of the
Louisville road which Mr.. Bourquin COM
plains of, and the alderman added that the
road is, like all the other roads in the ex-
tended limits, very sandy. This, it was
understood from the alderman, is the view
also taken by Alderman Harmon, chairman
of the street and lane committee.
IL is held that Mr.. Bourquin has at no
time shown where any authority is vested
in him to issue mandatory orders to the
justices of the peace to summon citizens in
the city to work the streets, and Capt.
John K. Dillon, clerk of the board of
county commissioners, when his attention
was called to the statement OF Mr.. Bour-
eluin, that he would get the blanks which
Capt Dillon had refused to turn over to
Justice Endres, the captain said he would
al so refuse to turn the blank summonses
cAer to Mr.. Bourquin to be wasted.
1t is claimed that if the Louisville road
or Gwinnett street extended or any other
re d in the extended limits is out of repair,
as MIR. Bourquin alleges, and the city neg
lee { to repair the same aud continues in
def a ult that the course pursued by Mr..
Boluquin is not the legal remedy, but that
he or any other citizen may proceed bv
maj Vi anus as the proper remedy.