The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-02-17
TO HEAR THE EXCUSES.
ANOTHER ACT IN TaELOUIsVILLE
ROAD COMEDY.

chez Canal Bridge This Morning-The
Road Workers Who Didn't Turn Out
To Be Given a Chance to Tell Why
They Didn't-The Penalty Of No Elk
cuse Is Given.
Another act in the play will be rendered
this morning on the Louisville road. JUS
tices Endres and AcDsrmott will hold court
at the bridge across tle Ogeechee canal at
10 O'Clock to try defaulters.
Those who failed to obey the summons to
work the road last Wednesday and
they have been properly noti-
fed of their default they ara required
to be at the canal bridge this morning at
10 o'clock, where thsy will be called upon,
under oath, to give good and valid excuse
for non-performance OF road duty, and,
falling to appear, the justices, as road COM
missioners. may order that a fine for each
days default be paid, or, If the fine is not
! paid, those in default may be confined in
the county Jail. The process is a road war
raat issued by the justices for the arrest Of
thoss in default, and executions may issue
upon the property Of those in default, to be
sold to pay the fines.
WILL BE A LIGHT COURT.
1t is not believed that any considerable
proportion Of those who refused to obey the
summons will appear. Justice Endres
issued about $50 sum nonses, which were
served by Constable Sullivan, and Justice
McDermott issued about 100, but some sneak
thief carried of Constable Coeman's coat
in the pockets of which were eighty-five
sumnOnses, which Of course had not been
served, 50 that only about seventy-five of
Justice McDermott's summonses found their
way into the hands of the parties for whom
they were intended. There are, therefore,
approximately 200 In default, as olly
twenty-three hands worked the road
Justice E ldres was asked yesterday if he
will carry out the law as Mr.. Bourquin,
chairman of the board of road commission
ers understands it. and replied that he
would in so far as holding court goes, hear
Ing excuses and issuing executions and war
rants, but as there is an issue as to the
legality of the proceeding, an indemnity
bond will be required before enforcing the
warrants and executions.
Mr.. BOURQUIN MUST GIVE BOND.
"Who will you exact the indemnity bond
fromp Justice Endres was asked
"We will have to look to Mr.. Bouruuin.
of course, as he has ordered the action. /
think. however, that one of those is default
should file an affidavit of illegality and thus
bring the matter into the superior court for
determination. That would operate to stay
further proceedings until the legality of the
acts OF the justices Of the First district, and
of Mr. Bourquin, chairman OF the board of
road commissioners, is determined"
Justice McDermott was asked what
action he will take to-day, and he said that
he would hold court, aud proceed TO collect
the fines from those wno are in default, if a
valid excuse is not given. 'Ill tell YOU
one thing, though" said Justice McDermott,
II don't intend to commit any one to Jail
who Is poor man and depends on day
labor to support his family. l shall decide
| that 1t Is good excuse. and the matter will
end there. Against those who were able to
employ substitutes, and who are not exempt
| from road duty, executions will be issued
and in default Of the payment of the fl les /
| VIII have no other course but to commit
them to Jail.
PAY OR GO TO JAIL.
"This do not want to do, but if do not
| get any legal advice to the contrary I am
| compelled to do SO, unless an affidavit of
1llegallty Is filed and further proceedings
by the justices are stopped. To tell you
frankly, hope some one will do this, as the
issue ought to be settled by the courts"
"But In the event no such action is taken
by those in default, what will you do? Will
you require indemnity boldg
| Certainly. There may be suits growing.
|
for damages where execution is enforced. or
where one In default is committed, and the
officers do not propose to put their suretes
in jeopardy. Mr.. Bourquin had the citizens
of the First district ordered out for road
duty, and he holds that under section 652 Of
the code we are ex-officio road commission
| ers; tlat the special act of 1876. known as
the consolidated road laws of Chatham
county, is not In conflict with the
section of the code cited, and we will
look to him for bond of indemnity before
| going to an extreme in a matter where
| counsel differ, and about which there is so
much doubt as TO the legality of our action.
We nave no one else to look to for bond
of indemnity but Mr.. BoIrquin, and if he
does not furnish it, we will take no more
| chances"
| CITY ATTORNEY ADAMS OFFER
| City Attorney Adams informs a MORN
ING NEWS reporter that he is willing to
voluntarily defend, and without fee, any
| poor man unable to pay his fine, who, upon
the strength of Mr.. Adams opinion to the
city council, as published in the MORNING
NEWS, was governed by that opinion in de-
| Ginning to do road duty.
| Sheriff Roman says he will not receive at
the Jail any prisoner committed by Mr..
Bourquin or by the justices Of the First dis
| trlct acting as road commissioners
Justice Endres said yesterday that
prominent member of the bar informed
him that the mistake which had been made
was that all the justices of the peace
III the city should have acted and
that the citizens throughout the CITY
! should have been summoned and the
summonses not confined to one district of
the city. That under 652 of the code, under
which Mr.. Bourquin acted, the mandate
should not have been confined to the dis
trict in which the street is located, but
should have been co-extensive with the
city.
! SEVERAL SIDES TO THE MATTER.
| There are several refusals to work the
road, based upon difference of opinion as to
the proper construction the courts will put
on the section cited among which is:
| l. The debatable issue whether that part
of the road lying within the corporate lin
its is a "main street." City Attorney Adams
thinks it Is not.
2. The language of the code provides for
making "main streets" and no provision Is
made for single street out Of repair.
| 5. 1t is claimed that the consolidated
road laws of Chatham county, passed in
1875, exempting citizens of Savannah from
road duty, invalidates section 652 of the
code as applied to road work.
A Regular Rounder.
Thornton Williams, the oolored thief sent