The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-12-20
CITY VS.. STATE RIGHTS.
THE M'BRIDE AND MARKS C8RTIO-
RARICAsES ARGUED.

Lawyers duBi1non and Richards At
tack the Validity of the Clty's Sun
day Ordinance-Tney Claim That
Mayor McDonough Usurped Au-
thority In Filming Mcbride and Marks
for state Offensss-City Attorney
Adams Defends the Validity of the
Ordinances Under the act of 1857,
and Raises the Point That Separate
jurisdictions Can Punish for the
Same Oftense
The Mcbride and Marks certiorari cases
from the police court occupied the attention
Of the superior court from noon yesterday
until Gas O'Clock last night. Hon.
f. G. duBignon represented Mr.. Nc
Bride, and R. R Richards, Esq., appeared
for Mr.. Marks. The city was ably repre-
sented by City Attorney Adams. The argu-
msnts on both sides were of a most eloquent
character. aud authority after authority
was cited pro and con in the issue.
Mr. duBignon held that as hts client had
been charged with an offense indictable
under the state laws Mayor McDonough
had no right TO punish him In the police
court. IL was the duty Of the mayor, Mr..
to the superior court, as he DOES with per-
son charged with murder. The ordinance,
he claimed, under which Mr.. Mcbride was
fined in the police court Is invalid, because
it covers an offense provided for by the
state, and municipal government has no
right to punish in cases where the jurisdic-
tion lies in the state. II it does it takes away
from a man the right Of trial by jury, which
is a right guaranteed to every citizen by
the constitution, which also protects per-
son from being punished twice for the same
offense.
Mr. Richards followed Mr.duBignon's line
In his argument in the Marks case He deRied
that there could be two jurisdictions for
the same offense. The city has no right to
punish for state offsnses. nor has the state
right to step into the municipal courts for
violation Of city laws. Mr.. Richards paid
his respects to the manner in which police
courts, tribunals based on the politics Of
the incumbent in most instances, deals out
justice. He doesn't believe that people con-
Quoting legalized business, even though it
may be Objectionable to the majority Of the
body polite. should be prosecuted.
City Attorney Adams made fine argu-
ment for the cityis side and backed it up
with numerous authorities. He denied the
invalidity of the ordinance, and declared it
based on the act Of 1857, which empowers
the city council of Savannah to pass all
ordinances in relation to keeping open tip
pling houses on the Sabbath day. Mr.. Adams
made the point that a man being a citi-
zen of both city and a state, each juris-
diotion has the right TO punish him for
violation of its laws, even though they be
similar and held that the punishment is not
double one.
Both Mr.. duBignon and Mr.. Richards re-
ferred Judge Falligant to the recent decis-
ion Of Judge Eve of Augusta in the Won
Claim case, which is Identical with both the
Mcbride aad Marks cases of this oity. Judge
Eve held that the city had no right to try
or impose punishment on Won Claim and
sustained the certiorari. The city attorney
of Augusta has appealed from Judge Ewes
decision to the supreme court.
Judge Falligant took the papers In the
case, together with the authorities, and re-
served his decision.
Yesterday was q day OF arguments In the
superior court. Beside the certiorari
cases there was quite an argument on
the application Of Charles Il. Olmstead
ct. al against tbs Savannah Times Publish
ing Company and Gazaway Hartridge ct.
pointment of q receiver. Judge Falligant
took the papers ia the case after argument
ald reserved his decision.
In the mortgage foreclosure case Of P. A.
Davant VS.. Charlotte Duchess dAuxy
Judge Falhgant granted rule nisi to COM
pei immediate payment
ID. j. Murphy yesterday was reappointed
commercial notary public by Judge Falli-
CANT.