The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-01-11
THE Law IN THE WAY.

Judge Falligant Refuses Mandanus
gainst the Registrars.
At Has O'Clock last night Judge Falli-
giant dismissed the applications of Theodore
L. Mitchell and Charles J. Martina for
First and Second districts to compel them
to allow the plaintiffs to register.
Judge Falligant had no other alter
their counsel. City Attorney Adams,
placed their case entirely under
the act OF 1888, which compels ten days
notice and five days personal service on the
party sued before mandamus nisi can be is
sued, and makes no provision for peremp-
tory mandamus. This, OF course. knocked
the proceedings to pieces. as the purpose for
which the maudamus was prayed was TO
allow the plaintiffs the right to vote IN the
approaching municipal contest and ad-
herence to the act would place the hearing
two days after the election.
The hearing attracted g large crowd of
spectators to the court room, of which
Alderman Harmon, the candidate for
mayor In whose interest the maudamus ap-
plications were brought, was the principal
figure. When Judge Fslllgant ordered the
case on j. r. Saussy, Sr., Esq.,,
said he preferred hearing the answer
OF the registrars before beginning argument.
Adams demanded the auashing Of the
applications under the state law. Mr..
Adams made a strictly legal argument in
opening and backed himself with numerous
authorities.
J. R. Ssussy, Jr., Esq. replied for the
plaintiffs and read batch of affidavIts
showing the manner IN which the regis
trars had treated the atlantis in refusing to
register them.
j. r. Saussy, Sr. ESQ.,. followed his son
with a strong argument, in which be tried
TO prove to Judge Falligant he bad the right
TO issue peremptory maudamus under the
common law whenever the urgency of a
case demanded it. He denounced the de-
Tense of the registrars as a subterfuge to
evade answering and pronounced the
method Of registration blot on civilization,
in which the registrars have made them
selves q higher law than the law of the Rate
in refusing to swear people applying for
registration.
Mr.. Adams concluded In a brief speecb .
in which he defended the action OF the
registrars and insisted that if the court
could go into the facts, which it could not
do under the law within fifteen DAYS, the
registrars would be found to be only doing
their duty. He denied Mr.. Saussys conn
mon law argument and claimed that under
the common law peremptory writ could
not be issued.
In rendering his decision Judge Falligant
said: 81 am satisfied that | must be con-
trolled under the act Of 1888 and therefore,
dismiss the application
The United States courts were In session
for short time yesterday morning. Moth
ing was done except the charging of the
grand jury by Judge Speer which was quite
an eloquent affair. All the jurors In thes 9
courts except the grand jurors are excused
until Monday morning at 10 o'clock.
Andrew Demere (oolored) was acquitted
OF the charge Of forgery in the superior
court last night. He gave a note signed
Andrew Bowsn and colored man Of that
name prosecuted him for forgery Demere
proved that his right name wos Bowan and
In signing the note he did nothing wrong.
| The jury took six hours to agree. The
negro was defended by William Pease, ESQ.,