The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-08-19
THE CITY HAS LOST NOTHING.
THE SUPREME COURT AND THE
RAILWAY CROSSINGS.

The City Charter VIII Probably BE
Amended at the Next Session of the
Legislature, and That VIII Cover
the Points ON which Judge FRIli-
Eant's Decision Was Reversed.
'sThe city has not lost anything by the
decision Of the supreme court in the case
between The city and the Savannah. Flor
ida and Western railway" said Mr.. S. B..
Adams. when called upon by a Morning
News reporter in reference to the matter
yesterday.
III the legislature viii amend our char
ter. as 1 have no doubt it will do. there
will be no time lost. because cases can be
made under the charter of the city as
amended which will be heard at the next
December term of the superior court, il
there be an appeal by the railway COM
pany from the award Of the assessors
If Judge Falligant's judgment had been
affirmed the cases could not have been
heard before the December term. At the
December term it would have been neces-
sary, anyway, 10 have heard the question
of damages"
The hearing before Judge Falligant was
on the question of an injunction sought
by the Plant system to prevent the city
from projecting certain streets across It's
right of way. Judge Falligant refused to
grant the Injunction, and the attorneys
for the railway company took an appeal
to the supreme court. 1t will be noticed
that the decision is in favor of the railway
company merely on the ground that the
city's charter is not sufficiently specific on
certain minor points, which can be easily
remedied. The decision is as follows:
The charter of a city provides for
the appointment by the mayor and alder
men Of freeholders to assess the damages
sustained by lot owners in consequence
of the opening or extension of any street,
with power TO the mayor and aldermen to
enforce the award or decision Of these as
SCISSORS, without providing for notice OF
any kind to such lot owners as to these
matters, would not render the charter Vio-
lative of the constitutional prohibition
against depriving persons of their proper
~ without due process Of law, If the char
ter made any provision for such notice
TO lot owners as would allow them an OPP
portunity to be heard with reference 70
the amount of the compensation to be
paid them before such assessments should
become finally binding and conclusive up
on them.
ever for such notice in a city charter. it
is unconstitutional in the respect above
indicated: and mere general declaration
therein that the owner or owners of land
affected by the decision of the assessors
shall have the right to appeal therefrom
TO jury in the superior court, without
providing for any notice to such lot own
er or owners of the rendition of such de-
cision, so as to enable them to exercise
the right OF appeal, is too vague, indefinite
and uncertain to cure the defect in the
charter.
AS that portion of the charter now I'M
der review is unconstitutional, all the
proceedings under it were necessarily void;
and the court ought to have granted the
injunction prayed for, and thus have re-
strained the further progress of these
proceedings.
With the charter amended at the COM
ing session Of the legislature this fan the
case can be heard on its merits at the
December term of the superior court.