The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-04-14
THE CASES TO BE ATTACKED.
CHAIRMAN DALE ENJONED FRoM
CARRYING OUT THE ORDER.

The County Commissioners VIII Have
10 Show In the Superior Court why
the Oyster Red Leases should Not
he Declared Null and Void-Thc
Leases Ordered Brought Into
Court-The plaintiffs Claim They
Have the Right 10 Use the Waters
bordering on Their own Land.
The question OF the constitutionality OF
the act under which the oyster bed leases
were granted by the county commissions
ers has at last entered the courts.
Judge Falligant granted a temporary
restraining order yesterday, preventing
Chairman Dale from carrying out the
provisions of an order passed at a recent
meeting OF the county commissioners,
under which he was directed 20 proper
ly execute In the name OF the commissions
ers Of Chatham county the oyster leases
heretofore granted. and have them prop
erly attested for record.
The prayer for injunction was filed by
Messrs. Gignilliat & Stubs. who repre-
sent Mary e. Goette and w. e. Fenneli.
These plaintiffs own certain lands at
Thunderbolt adjacent TO the river waters
there and the waters bordering this land
have been granted to others for private
oyster beds, through these leases from the
county commissioners.
The plaintiffs claim they are entitled
to the riparian rights In the waters bor-
dering their land. which includes, they
say, the right to plant and propagate
oysters. They then go on to state that
the county commissioners, under an act
approved Sept. 10, 1889 and amended Sept.
%, 1891, gave to others the right 20 plant
oysters in those waters. thereby depriv-
ing them of the rights to which they
are lawfully entitled. Both the act and
the amendment, they claim, are uncon-
stitutional, and for this reason they hold
that the leases are void. They claim
that the leases are void and Of no effect
also, on the ground that in making them
the act had not been properly complied
with by the commissioners. and the courts
have ruled that the leases were improper
ly executed.
After this ruling by the courts. the
commissioner passed an order directing
Chairman Dale TO properly execute the
leases, and the commissioners, 1t is stated
are thus seeking to cure the defects in the
leases, after which the parties holding
them will claim that the leases are VALID
which will make It necessary for these
petitioners and others to have instituted
numerous separate actions against them.
This, 1t Is said, will result in irreparable
damage to the petitioners, IT, Chairman
Dale is allowed to proceed, and the chair
mans action would not make him liable
for damages 10 the persons affected
thereby.
The petition states that many other
persons besides those concerned In this
suit are interested and would be similarly
affected They say that their rights in
the premises can be adjudicated In a
court of equity and that multiplicity of
suits will be thereby avoided.
They ask for an order of court to pre-
vent Chairman Dale from signing and ex-
ccuting the leases, and further that he be
required to bring into court all the leases
In the possession OF the county commits
sioners, and TO show cause why they
should not be declared null and void and
cancelled Judge Fallgant granted the
order as prayed for and the case will
come up for "a hearing within few days.
This opens up the question Of the consti-
tutionallty Of the oyster leases, and con-
siderable interest viii center in its deter
mination. Many people are interested in
these leases, both in favor Of and against
them, and the matter viii no doubt be
fought vigorously on both sides