The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-08-06
NO ART SCHOOL YET AWHILE.
THE historical sOcIETYrs PETI-
TION WILL BE DENIED.

Mr.. Chas. \. West and Col. Wm.
Garrard THAT lie Cannot Grant
the PetitIon-The Question Almost
Certain TO 60 10 the supreme
Court-Some of the Arguments
That Were Advanced Against thc
PetttIon-The Counter Petition
would Have Kept the Matter open
for "a Long Time.
The petition OF the Georgia Historical
Society for permission 10 borrow money 10
pay OF the Indebtedness 10 Gen Henry
r. jackson with a view 10 founding an
art school at the Te.fair Academy. VIII
not be granted by Judge Robert Falligant.
before whom the argument pro ana con
was completed about ten days ago.
This was learned on good authority yes
terday. Judge Faligant has notihed Mr.
Charles n. West and Col. William Gar
rard who made the leading arguments on
the petition in behalf Of the society, That
he cannot grant it. No formal order Of
court 20 that effect has been taken as
vet and il IS not known just when that
will be done but there would appear TO
be no reason why it should not be done.
whenever agreeable to counsel or the
court.
Untu Judge Falligant formally renders
his decision in the matter. his reasons for
refusing to grant the petition will, Of
course. not be known. The petition was
undoubtedly ably argued on both sides,
but It would appear. despite the action Of
the society, that the weight Of the argu-
ment was with those members Of the
board of managers who opposed the petit
tfon and who were represented by Judge
William D. Harden and Mr. J. r. Saussy.
Judge Falligant, it is understood, Is
opposed to interfering with the accepted
and long continued customs under which
The trust imposed in the Georgia Histori-
cal Society has been managed, and 1t Is
stated also that no directly applicable
supreme court decisions on the line or tne
petition have been produced. just What
his definite reasons for refusing the petit
tiOn are, however, viii not be known UNI
til his decision Is formally rendered.
There is little doubt that the gentlemen
who represent the society in the matter,
Messrs. Chas. n. West, Pope Barrow ana
Col VIM. Garrard, will take the matter to
the supreme court. Judge Fallgant's re-
fusal TO grant the petition, ii is stated,
will enable them to take the matter TO
the court of final jurisdiction as an eA
parte petition, and they can there secure
a final decision on the subject.
There were a good many strong grounds
urged against granting the petition that
did not come out in the brief argument
before the special meeting of the society
held July 9, at which the committee com
posed of Messrs G. N. West and II. G.
Cunningham, was instructed to bring the
petition before the court. Many of the new
phases Of the case were brought up by
the fling Of the petition for injunction by
the gentlemen who opposed the petition.
That petition or counter petition was re-
aurnable TO the December term OF the court
and could not have come up for hearing
before the March term except by consent
of all parties interested. 1t asked that the
Georgia Historical Society be restrained
from doing those things which the petition
OF the society asked that II be allowed
TO do.
The fact that such petition was pend
ting, in case Judge Falligant's decision had
been the otner way, would practically nave
prevented the issuing Of the bonds con-
templated until that counter petition was
passed upon finally by the supreme court,
because that petition seriously questioned
the validity Of the proposed issue OF bonds
in the sum of $4,000, and until the supreme
court said whether they would or would
not be valid there would of course be little
use Of issuing them.
The petition advocated by Messrs West,
Garrard and Barrow, was, as Is well
known, attacked on the broad ground that
what ii asked was directly contrary to the
terms OF Miss Telfair's WILL and of the
trust created under It, by which the so
ciety was made trustee. The question as
to what was an academy, that word being
used in the will, was one of the important
questions in the case. 1t was shown from
an account taken from the Encyclopaedia
Britannica that out OF tifty-five or sixty
of them mentioned, there was no art
teaching nor teaching Of any kind I'm Is
TO 50 per cent. Of them. 1t is we'll known
that the other side has argued all along,
as was tersely stated by Mr.. Barrow, that
an academy is place where something is
taught.
Another important feature was the fact
that under the present Indebtedness to
Gen. Henry r. Jackson, which amounts
now TO about So. 600, there is no lien either
upon the academy itself or upon the aca-
demys income from the 1000 shares of
Augusta and Savannah railroad stock.
the debt is simply debt of honor, and in
case the Telfair Academy should at any
time lose its income there would be no
way of securing the payment of the debt
1t was argued however, that the pro-
posed Indebtedness to be created in order
TO pay Gen. Jackson and to establish the
art school and for other purposes would
necessarily create lien on the whole
trust property. income and real estate in
cluded.
Judge Falllgant's refusal to grant the
petition undoubtedly means that there
will be no art school until Gen. Jackson
debt has been paid, unless the supreme
court should take another view Of the
matter, and reverse the lower court
There is little doubt that the matter
will go to the supreme court, and 1t may
be that an early decision viii be asked
for.
Judge Falligant held throughout, how
ever. under the code. that he was not
disqualified TO hear the case as the mat
ter was not one in which he was pecu-
niarily interested. The argument to the
other effect, as made by those who op-
posed the petition, held that he was dis
qualified, because he was a member of
the society, and being absent from the
meeting at which the matter was passed
upon, il was taken for granted, as in all
such cases, that he acquiesced in the
will and expression of the majority It
being thus practically held that by his
absence he voted with the majority. The
final outcome of the matter win be
awaited with much interest.
WOIND Up IN A MELEE