The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-05-23
RYAN AGAIN IN DANGER.
The Act Of 1892 Does EJt Apply to
His Case.

The Measure Not Retroactive in It's
Effeots-The Supreme Court Hands
Down Its Decision in the Last APP
peal-The Effect is to Give Judge
Clarke Power TO Remand Ryan to
Jail.
Atlanta, Ga, May 22-The recent act
of the general assembly forbidding i'm
prisonment for contempt without a jury
trial where the defendant is accused of
Withholding funds in his possession, con :
troll or custody, and denies that he With
holds such funds has no force so far as
the noted Steve Ryan case is concerned.
The supreme court handed down decis-
ion TO this effect to-day and by its decision
that tribunal overruled Judge Clarke.
The Judgment is peculiar one in that
it insists that the Judge overruled has all
authority and can do just what he sees
proper with the case He can either send
Ryan back to Jail for contempt or allow q
jury to pass upon the fact Of his con-
tempt.
Ryan, who is known as Atlanta's young
merchant prince, was first held guilty OF
contempt by Judge Gober for failure to
turn over assets supposed TO be in his pos
session after his failure two years ago.
He went to Jail and remained there thir-
teen months, but the case was appealed.
The supreme court sustained the trial
Judge. Then d motion was made by
Ryan's counsel before Judge Clarke for a
rehearing, which was denied, the Judge
ruling that the contempt matter was a
thing already adiudicated. Another APP
peal followed, but the supreme court sus-
tanned the view taken by Judge Clarke.
AN AUDITOR APPOINTED.
In the opinion handed down it was
stated that if the Judge in his discretion
saw fit for the sake of obtaining light for
his own satisfaction, TO refer the matter
TO an auditor to take evidence and report
the result he had the authority to do SO.
The Judge acted upon this. Auditor
Peoples was appointed ,iand after several
months work filed his report as every
body knows, which, among other things,
recited that Ryan was in possession Of
over $40, 600 at the time he was held to DO
in contempt OF court.
Next came the passage of the act above
referred to by the legislature last fall.
The impression generally created on tho
public mind was that it was suggested
by the Ryan case, even If il had not been
specially drawn up TO get him out of Jail,
where he had lain all this time. After it
| became q law his counsel made another
motion, founded on the act for Ryan's
release. Receiver Kingsberry, through
| his attorneys, demurred Judge Clarke
overruled the demurrer, and this Is just
where the supreme court takes issue
with him.
NOT MANDATORY.
What it said about the appointment of
an auditor appears to have been designed
merely to remind the trial judge of his
authority and was in no sense intended
q mandatory injunction to reopen the con-
tempt case which it had already held
to have been finally adjudicatcd. Tho
court makesthe point, however, that final
adjudication does not mean that Ryan
was necessarily to lie in Jail forever, as
the term of his Imprisonment was not d
fixed quantity, but dependent upon the
discretion of the Judge, who might havo
reason after inquiry TO believe either that
Ryan did not have the money in his pos
session az charged, or that even if he had
he had been sufficiently punished for his
contempt.
In reference to thenew law the supreme
court holds that "the act of 1892
is prospective in its whole scope and
purpose. 1t does not apply and was not
intended to apply to any case in which a
party had previous to its passage been
| adiudged guilty of contempt and was un-
uefgOlng punishment therefore Wnen bnC
act was passed. Imprisonment for con-
tempt when not regulated by statute be-
ing subject to the sound discretion of the
court or the presiding Judge it is not per
Sc illegal to admit to bail one who has
been adjudged guilty of contempt and
who has undergone protracted punish
ment therefore, this being done
while a lengthy inquiry is in
progress to ascertain whether he
ought to be further imprisoned or
not. The act Of 1892 not being applicable
to the pending investigation of the audi
tors report, the judge should determine
the question of allowing or refusing bail
without reference to the provisions Of the
act"
As stated, Ryan's fate is now in Judge
Clarke's hands. What he will do nobody
pretends to predict. The ex-merchant
prince may go back to his cell in Fulton
county Jail at any hour, or ne may remain
practically free man.