The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-09-05
MAY GO TO A HIGHER COURT.
THE FENCE PEOPLE DISPOSED TO
CARRY THE FIGHT TO THE END.

Judge FaIIigant Promptly Dismissed
Their 1IandanauS Mt the Conclusion
of the AFguments-The People OF
the Eighth District Have Already
Received the Benefit of Those Sec
tions of the Code Constituting the
stock Law-The KittreH Manufac-
turing Co. Incorporated.
There will not be any fence or no
fence" election in any of the country dis
tricts. Judge Faliigant so decided yester-
day In the mandamus case brought by
some Of the freeholders of the Eighth dis
trict to compel Judge II. L. Ferrill the or
binary, to order an election for that dis
trict.
The case was that of d. c. Newton and
others of Pooler and the surrounding
country. against the ordinary asking that
a mandamus issue to compel Judge Fer
rill to order an election for the Eighth dis
trict, under the law which provides that
each militia district shall be entitled to
the benefits of those sections Of the code
which constitute the stock law, when they
apply for an election in proper form.
Messrs. T. S. Morgan, Jr., and G. II.
Miller appeared for the people Of the
Eighth district who applied for the cleo
ton. Mr.. Miller opened the argument in
behalf of the fence people and Mr.. Nor
gan had the conclusion. They contended
that at the same session of the legisla-
ture at which the county bill on the fence
question was passed. another bill was
passed a few days later pro-
viding for militia district elections,
and that no refernce was made
in the district bill to the county bill. They
held therefore that it was the evident
purpose of the legislature to give local
self government to every militia district
on that question. They urged that the
fact that the no fence people could ham
mer away at the fence people every year
to get an election. while If they were once
successful the fence people were shut out
entirely and could not hold another cleo
ton, which they held was an unjust and
an unconstitutional law, showed the evil
dent purpose of the legislature in passing
the militia district law giving the people
of each militia district the right to act
on the fence question.
The two acts, they held. were separate
and distinct, and their clients, they said,
simply sought to take advantage of the
militia district act. The mere fact that
a county election had taken place in the
same year, they held, did not affect the
question, because If the legislature had
so intended, 1t would have declared it in
tn militia district act, which was pub
lished in the acts about seven pages be-
hind the county act.
Col William Garrard appaarad for the
no fence people to oppose the motion made
for mandamus. He took the position
that the county had acted upon the mat
ter, and that the act under which the
election was held declared that not more
than one election in each year should be
held. Upon the question, as claimed by
the fence people, that under the statute
fifteen freeholders who desire the benefits
of the sections of the code which consti-
tute the fence law could petition for a
district election, ne contended that the
county, having already held an election,
which resulted in favor of no fence, any
further election was superfluous, because
the Eighth district, being part of the
county, by that election, had received the
benefits of the no fence law.
At the conclusion of the arguments
Judge Falligant simply stated that he
would overrule the mandamus, and an
order to that effect was taken.
Mr.. t. 5. Morgan, representing the fence
people, said he thought the matter would
be taken to the supreme court, though that
course had not as yet been fully deter
mined on.
The Kittrell Manufacturing Company
was incorporated in the superior court.
The incorporators are Messrs. T. c. Kit
trell, Merritt w. Dixon and James w
English, Jr. The company is granted the
right to do a general naval stores bust
ness. and is given all the rights and pow
ers incident thereto. The paid in capital
is to be $4,000, with privilege of increas-
ing it to 100000.
In the certiorari case of James H. Nc
KEENAN, against Sarah F. Dreamer. the
certiorari was sustained, and judgment
for principal and costs was entered in the
plaintiffs favor. The case was one in
which the defendant sought to recover
certain property on Berrien street, and a
judgment was rendered in her favor by
Justice Sheftall. The plaintiff in certiorari
then appealed the case with the result
stated.
James p. Owens, former subject of the
queen of Great Britain and ireland, was
made a citizen of the United States by
Judge Falligant yesterday.