The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-08
WILL NOT HAVE The ELECTION
JUDGE FERRILL DECIDES Al
NERsELY ON THE PETITIONS.

lie says the County Election Held
July 3 FULFILLED sse Law and That
no Other Fence Election Can he
Had Again Within the Year-Rc:t-
sons Why the Decision Was Made.
Lawyers Commend lit May BE
Carried 10 the Supreme Court by
the Petitioners.
Judge FerrIl rendered his decision yes
tcrday afternoon upon the petition sent
in from the Fifth. Sixth. Seventh and
Eighth militia districts asking for a
fence" or stock law" election BY dis
tricts.
The ordinary takes the ground that a
county election was held July g. and the
statutes expressly providing against a
second election within one year, on this
point. the petitions cannot be granted.
The decision is as follows:
Georgia. Chatham County, Court Of Or
binary, August Term, 1S95.-In the matter
of the application Of F. r. Stone. NJ D.
Jones, VI. Love. c. T. Cooper and D. c.
Newton, freeholders Of the Fifth, Sixth.
Seventh and Eighth G. NJ districts, Chat
order an election for fence" or stock
law"
Elections for fence or no fence under the
stock law may be held either for the whole
county or by militia districts. that is TO
say, a single militia district may have the
benefit Of the law, although the other por-
tons Of the county may not desire it.
If for the whole county. the election must
be held in each militia district and no
person shall be allowed to vote a said
elections except in the militia district in
which he resides.
The result of election determines the
question as to the prevalence of the stock
law in the county, and under the act of
Sept. g. 1898, the election shall not be held
oftener than one time in each year.
The election held in Chatham county on
Wednesday, July 8, 1885, resulted in making
sections Lac to J., 4j4, of the Code of Geor-
gia. operative throughout the whole coun-
ty in every militia district and has secured
to the Fifth. Sixth, Seventh and Eighth
districts G.. NJ of Chatham county. the
benefits Of these sections to be enjoyed at
the expiration of six months after said
election.
1t follows therefore. that a petition 10
the ordinary within the year after said
election for the benefit of the above sec
tions Of the code to be submitted to the
lawful voters of the Fifth, Sixth, Seventh
and Eighth districts G. NJ of Chatham
county cannot be entertained.
No election can be held within the year
under the statute and the Fifth, Sixth
Seventh and Eighth districts already have
the benefit of the sections ]. 449-1, 454, by vir-
tue of the election I'm July last, the ordinary
must refuse to entertain the petition to
order the election.
Hampton L. Ferrill
Aug. Z, 1895. Ordinary c. c., Ga.
Judge Ferrill, in speaking of this decis-
ion, said that after he had rendered it,
several lawyers spoke about ii and COIN
cided with him. They said they could not
see how, under the statute, any different
decision could be given. The statutes are
plain upon the subject and provide how
the elections shall take place and forbid a
second election within a year. This is a
just provision to prevent the defeated
party in any election of this kind from
keeping up a constant friction and having
additional elections upon a point that one
election fully settled
1t is said that the parties interested in ag-
itating the matter will take the decision
to the supreme court in the hope of over
ruling 1t and forcing another election in
the districts they want, as they are con
fident that in the cattle districts they can
carry their point