The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-01-15
A COINCIDENCE OF Law.
The Basis Of the Decision in the vo
Claim Case

The Basis Of the Decision in the Won
Claim Case.
Hon. F. G. duBignon said yesterday that
the Won Claim decision by the supreme
court practically settles the Mcbride case
and other similar cases which are upon the
superior court docket.
The Mcbride case has been in court for
some time on appeal from the police court,
but action has been deferred, awaiting the
decision Of the Won Claim case by the SUI
preme court
Mr.. duBignon called attention to the fact
that the supreme court did not sustain the
position held by Mayor McDonough and
City Attorney Adams that the city had the
right to try and convict for offenses against
the Sunday liquor laws under the general
jurisdiction Of its own affairs granted by
the state, but that the decision was based
upon special act passed in 1857, which ap-
plies to Augusta and Savannah only.
The most remarkable thing is that the
existence of this act was entirely unknown
In Savannah either by the lawyers or the
city authorities, IL is not included in Mac
Donelps City Code, nor is there any note or
reference to it in any of the authorities
usually consulted by the attorneys upon
questions involving The city ordinance
This oversight on the part of the compiler
of the City Code and the attorneys gener-
ally is only natural when it is known how
the act appears in the publica-
ton of the acts of 1851.
The caption of the act is: "An act 20 au-
tborize the city councils of Augusta and
Savannah to establish work houses in their
respective cities and TO alfix Imprisonment
and labor in said work houses as penalty
for violation of the city ordinances and for
| other purposes"
There is no indication Of any reference TO
the Sunday law In that heading. The act
was formulated to give the city of Augusta
the power prescribed in the heading, and
also the power to prescribe ordinances with
regard to liquor selling on the Sabbath
| day. 1t was after ward amended to apply
to Savannah as we'll as Augusta, and was
passed for the benefit of thess two cities.
Section 3 of the act empowers the city
council Of Augusta to pass ordinances IL
prohibit the keeping open of tippling housed
and the selling of liquor OF the Sabbath
| day, and section 4 of the act extends these
powers to Savannah.
| 1t is probable that like many other local
laws, very little attention as paid to this
| act in Savannah, and that the powers con-
| ferred by It were never exercised. 10 has
been dead letter so Far as Savannah was
| concerned
Mayor McDonough was proceeding to ex
ercise the powers conveyed by the act. with
/ Ou1 4AdoWAouk0 VI w. WASu ldpplsf Wis dCl
comforting this jurisdiction upon the police
| court OF Savannah was discovered. In all
probability Mayor MoDonough's decision
would have been reversed by the superior
and supreme courts otherwise.
The City Code contains references to SUI
prone court decisions going to show that
the city has no jurisdiction over a state Of
| Tense.
Mr.. duBignon said that as the act Of 1885,
confers concurrent Jurisdiction upon the
police court of Savannah with the superior
court in cases Of violation of the Sunday
law. this will be bar to the conviction il
the superior court of person who has al
ready been convicted and punished in the
police court, as it would be II
violation Of the constitution to con
vict man twice for the
same offense. In case the solicitor genera
should push any Of the cases made against
the vlolators of the Sunday law who have
already been sentenced in the police oour
this point will be made. Judge Fallgan
would probably take this view of the case
though he might make an opposite decision
in order to allow an expression from TIT
supreme court upon this point.