The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-04-01
nan conRr COSTS CASE.
age Falligant's Decision in the
nn-,1sra Tr-al Affirmed.

-1lTG rGllA8 ~S~N~%@-~
Augusta TT al Affirmed.
The supreme court yesterday affirmed
r,5pe Falligant's decision in two OF the
'-s,Iva,t cost cases decided By him 10 Au
sta telegram to that effect was Ia
t.ivad nv Judge Falligalt, and the solicitor
ezra, and the sheriffs AMI clerks Of the
-, conrts we e elated over the result OF
the appeal. -. !. p,-.
yVr.igbt solicitor general of the Augusta
-ircnit. against Adams, treasurer of Rich
ord county, and the other was similar
cssa that of c. Henry Cohen, solicitor Of
~ ,itv court of Richmond county, ag ainst
,6ams treasurer. Prior to the decision of
.ha supreme court in the Glenn & Ellis
80 the treasurer of Richmond county
la the solicitors general and sheritfs and
fia,i,e of the two courts their inSolveut
st, bnt after the decision in the last case
,itsd Treasurer Adams refused to pIy iu-
soIvent costs, as in the Glenn * Ellis case
the supreme court held that insolveat costs
Of solicitors general were MT expenses of
tbe court under the constitu ion of Georgia.
and that COUNTIES caunot oe taAeu u pay
them in that case.
In the decisions affirmed yesterday Judge
Falligant neld that the cases are different
from the case of Glenn g. Ellis, and that
the custom of the circuit and the act under
which the costs were c0liectable made them
exrenses of court within the purview of
the constitution. In the case of Wright,
s3!icito', the act of 1878, which anted ited
the constitution of 1877, provides that the
solicitor general at each term of court could
present his bill of insolvent costs to the
grand jury of the county, and if the grand
Jury approved it the court SHOULD
grant an order on the treasurer
for payment. That had been the
custom of the Augusta circuit from 1873
I'D to the judgment of the supreme court in
the Glenn 81 Ellis case. Adams, the treas
urer of Richmond county, after the rendi-
ton of the Glenn & Ellis case, refused to
nay Wright's insolvent costs under the
Judges order. Mandamus proceedings
were instituted by Wright to compel the
payment, and Judge Falligant made the
mandamus absolute, and the treasurer ap-
pealed.
In the case of c. Henry Cohen, solicitor
of the city court of Richmond county, the
&C. establishing this court was passed after
the adoption of the constitution of 1877.
The act provided in like manner that all
bills for insolvent costs that may become
due the solicitor when examined and APP
proved bv the Judge of the court, shall be
paid by the treasurer of the county out of
any funds in the treasury. Judge Falligant
held in this case that that provision being in
the act establishing the city court, which the
legislature bad the right to do under its
constitutional power, made the iusolvent
costs of the solicitor general expenses of
that court, and that he was entitled to be
paid by the treasurer He therefore made
the mandamus absolute in the Cohen case,
and an appeal was taken as in the former
case.
The effect of this decision will be to pre-
serve the present custom of paying in
solvent costs here under the special act by
which the insolvelt costs are divided pro
rata between the solicitor general and the
sheriffS and clerks of the respective courts
in this county.
1t is understood that in Augusta the
three court officers, solicitor general, sheriff
and clerks, have been drawing from the
treasury all that is due from insolvent
costs. and as this was a co. siderable amount
1t was sought TO break up the Gus
tom. In this county only such costs
as are collected and the fines for
misdemeanOrs go to pay the insolvent
costs, which are small part of the insolvent
costs. 1t is likely that with the decision of
the supreme court yesterday confronting
them with the people OF Augusta will have
to geta special act something hike that gov
ernlng insolvent costs in this county and
circuit