The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-01-25
ut OFF A FEW DAYS.
NEW ORDER FOR WORKING THE
LOUISVILLE ROAD.

LOUISVILLE ROAD.
pmmissioner Bourquin Concludes
<hst the Time for summoning the
workers - Too Short, and a New
order to be Iss ued Monday-Clerk
Dillon Declines to Issue the Blank
3summonses on Justice Endres'
Application A Question Arises
Whether Commissioner BourQuin's
RECONSTRUCTION OF the Law is Correct.
Tending a references of the matter to the
Hqty council as to calling out the male in
paoitants Of the First militia district to
York the Louisville road, Road Commits
~ pner Bourquin and Justice Endrss have
conference. and Mr.. Bourquin has
:. led, owing to the shortness Of the time,
~, ssue new order on Monday, directed to
:,,nf1 tices Endrss and McDermott, fixing q
The er day for working the road.
'cei-Justf7e Endrss satisfied Mr. Bourquin
'<yesterdSy that it is out of the question to
E give the five days legal notice in time, and
s as ne has asked the advice of the city coun-
ell, which has referred the matter to the
city attorney and street and lane commit
tee, both Mr.. Bourquin and Justice Eadres
L
give it an opportunity TO act in the matter.
DECLINES TO GIVE OUT THE sUxMoNsRs.
Acting under the instructions of Mr..
BourqGin, Justice Endres applied to Capt.
John r. Dillon, clerk Of the board of
county commissioners, for blank summonses.
which were refused, and the clerk sent the
following communication TO the justice yes
terday:
SAVANNAH, GA. Jan. "a. 1890.
The blanks in the office for summonlng road
hands 10 work on the roads for Chatham county
are held subject to the order Of the road com
missioners of Chatham county.
JOHN r. DILLON, Clerk Q. c. c.
When this communication was brought to
the attention Of Mr.. Bourquin, he stated
that he would arrange that by giving a
written order for the blank summonses as a
road commissioner, although the justices Of
the peace of the first district,
after having been notified Of the
condition of the Louisville road within the
corporate limits Of the city, are road COM
missioners ex-of1cio, and as such the sum-
mons blanks, he claimed, are subject to their
order as much as any other road commits
sioners.
WAITING THE COUNCILS ACTION.
Justice Endres says that if the council
does not take steps to repair the road he
viii, under the law as he interprets it, call
out the male inhabitants of the Frat dis
trict between the ages of 10 and 60, to work
the road two days.
Quite a number Of those alleged 30 be
liable to work the road say that If they are
compelled to do so, they will withhold from
their bill OF taxes the value of two days
work on the road, as the law does not con-
template that they shall be taxed TO keep
the streets in repair and have to work the
streets under mandatory orders from road
commissioners. A gentleman said yesterday
that when the Louisville road is worked a
call will likely be Issued to work Gwinnett
street west of Cemetery street. and when a
MORNING NEwS reporter asked Mr.. Bour-
quin II he contemplated serving a similar
notice to work Gwinnett street, he answered
In the affirmative. He said that the street ia
nearly impossible, and the superintendent
of the garbage corps informs him that the
wagons cannot haul full load on account
of It's bad condition.
A QUESTION AS TO THE LAW.
II is claimed by some that under section
one OF the consolidated road laws of 1876
people residing within the corporate limits
of the city are not liable to road duty, as
section $50 of the code, which is an act of
1888, conflicts with section one, and section
ten Of the act Of 1876 repeats conflicting
laws.
Section of the road laws of Chatham
county is as follows:
Inat from ana AFTER tho passage of this act
all the male residents of the County OF Chatham
other than those residing ioithiil the corporate
limits Of the city of SavdnnGh, between the
age of 10 and 60 years shall be liable to work on
the public roads in said county. when duly sum-
moned 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, 10 be Judged of by the commission
ers'' See laws of 1876, D. Sl7.
DIFFERENCE OF OPINION.
Others claim that section 652 of the coda
does not conflict with the special road law
for the country, but that, on the contrary.
1t is general law, applicable to all the
counties OF Georgia, and il in full force and
effect, and that throughout the code, when
ever any section has been repealed or SUPER
seeded note Of the fact is made, clearly and
unmistakably defining what has taken the
place OF the repealed or superseded section.
1t is believed that the city council will
not permit the people to be called out to
work the roads, but that this street and lane
committee will be instructed to make such
repairs to such parts of the Louisville road
and Gwinnett street as are within the cor
porate limits of the CITY, and Mr. Bouruuin
says If the city will do that it will obyiste
the necessity of enforcing the statutes.