The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-08-05
GRAND JURORS MUST WALK.
.-,,r CITY TURNS DOWN a BILL FOR
CARRIAGE HIRE.

-. of the City Court in In
.,.,ine the Convict Camps, Al
.bouRh Ii Was Done by Direction
-, the Judge of the Court.
end jurors must walk. That seems
~ che situation in Savannah. Not
-, long ago there was quite a discussion
biI for carriage hire. and other in
s.s.,ti,Is presented by the grand jury
-s.t. sunerior court, and which the eOun-
,,,,r,fssioners refused to pay on the
Uni that there was no law authorizing
nsmbsrs of the grand jury to contract
such bills. .. -
The city court grand jury seems to be
t- che same fix. When in session last jan
,,-y a committee of the city court grand
,,-, hired drag and team OF I. +.
,.-soson & Co, on two occasions, for the
,,ss ~ the grand jury in inspecting the
convict camps. A bill was rendered on
-sb Z for so. being IS for each occasion
rbs hill was approved by the chairman OF
Che committee, and Judge Norwood or the
,t.,.ooiirt 1t was presented to the coun-
- commissioners who declined to pay it,
n, the ground that they were not liable
expenses u AllG NAAs cNN+-Ns
VAS then turned over to Deputy Clerk
Colding Of the city court, to be forwarded
N council. Here the bill seems to have
besn lost in the shuttle. Mr.. Colding's re-
r,smbrance is that the bill was forwarded
N council with other bills from the city
court and was passed for payment, but
there is no record TO show that such was
the case. Mr.. Colding has no record of
the bill. and neither has Clerk Of Council
ManuCy.
Gleason & co. concluded the other day
that they had waited long enough Tor their
,,onav and had a duplicate bill made out,
which Mr. Cunningham, the junior mem
ber of the firm, presented to Clerk Manucy.
The latter promptly informed him tnat the
civ did not pay bills of this character Al
Srr. Cunningham's request, however, the
bill was presented to council where II
caused some discussion in the committee
OF the whole, and was referred TO Acuhg
City Attorney Davis Freeman FOR MS opln-
ion. Mr. Freeman's opinion was received
Yesterday by Mr.. Manucy. 1t is of interest
as II gives information of the limit placed
upon the Jurisdiction of the city court ana
also Of the powers of grand jurors to con-
tract such expenses in the performance OF
their duties as grand jurors. The opinion
is as follows:
Savannah. Ca, Aug 4, 1S96.-Mr. A. ".
Manucy, Clerk of Council: Dear Sir-tW-
plying to your letter of July 81, in which
you enclose bill rendered the city by
T F. Gleason & Co., with the request
from the mayor that he be informed
whether the city is liable for the same,
/ beg to say that, in my opinion, the city
is not liable for this bill.
The bill is dated Feb. l, 1885, and con-
tains two items, to wit: Jan. 10, to hire
drag and team, $500; Jan. IA, to hire drag
and team, $500 The bill is approved by
&c. A. Gregory, chairman committee city
GRAND fr1rV - and also stAnnTnVpd
July 80, 1896, r. NJ. Norwood, judge city
court Savannah" l understand that this
was contracted by this committee on ac-
count of their inspection of roads, drain
age and convicts Of the county.
Under section Of the act of the legis-
lature approved Sept. Is, 1888, the salary
of the judge of that court is payable
out of the treasury of Chatham county,
Except providing a court room and Of
fees for the officers thereof and the pay
ment of the jury fees) shall continue to
be borne and paid by the treasurer of the
city of savannah The question, there
fore, turns upon whether this is an
expense of the court. 1t does not
seem to me that 1t is. 1 question whether
the city court grand jury has any duty
or function prescribed by law that would
require this expenditure. 1t seem to me
that the city court grand jury is a part
OF the organization of the city court of
Savannah only in the exercise of it's GRIM
inal jurisdiction, and that its supervisory
power does not extend beyond the books
papers, accounts and duties of the re-
spectlve officers and offices of said court
Under section 1852 of the code of Ceor-
ga. the judge is required to draw "twen-
ty-three persons to serve on an inquest
or grand jury for the said court and city,"
Ihis seems to be in consonance with the
view Just expressed above, but even if it
were a duty OF the grand jury to make
me inspection that was made in this in
stance by means of Gleason & Co.'S drag
ana team, l do not think that it would
1e charge for which the city would be
The case Of Van Epps VS.. Commission
eIs court OF Mobile to be found in Is Ala
oama Reports, page 460, is a case where
s sIe aire OF carriages procured by the
sHeIlH OF Mobile, under the express d.
Iecuon OF the circuit judge, to convey the
grand Jurors to the county Jail for the
purpose of inspecting it. The court
t neu onat ohls was. no charge against
Deen in the habit of aLsS,-
tng such items. The court in
rs rs decision lEn says, through the chief JUS
uge Inc county can be charged onlv
WIN SUCH expenses as are authorized nv
Jaw and unless there is some statute
wmich authorized the judge of the circuit
ryuIt TO dlrect the sheriff to provide car
t,Gists 10 convey the grand jurors to the
jan LOT the purpose of inspecting ii. the
e1pehse thus incurred cannot be recov-
eit eu Out OF the county We have been
~ tl'ea 70 no statute, and have been able
III 90 ma none, which makes it thus charge
CUE. Inc grand jurors receive a per diem
eeSSiIpehsauon which is supposed to he
s az and which must be considered
Of extending to all the services REQUIRED
VI them by law" - "
dars+d me case under consideration I un>
G GersIs "a that there was not even an Or
inc t Gl me judge of the city court direct
70 IN eadt the conveyance be hired. 1t seems
ann lie mat the reasoning of the case cited
W. gPies as much to this bill as ii would
our .e ~ a Dill against the county and in.
colnt Dy grand jury of the superior
srs J., me point is that the grand Jurors
fbe paI9 a per diem compensation for
80 p+o rpgeIIormance of all of their duties rs
of ~ tS Jurors, and if, in the performances
tran nose duties, it is necessary to hire
borne by them. 10
baforlss same question has recently been
indobft me county authorities, and I am
decjs;.oeu 70 the county attorney for the
trlr, 'eturn the bill herewith. Yours
Davis Freeman,
Acting City Attorney.
fleased With Sauanuoh