The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-07-12
IT'S NOW BEFORE THE COURT
THE REAL FIGHT FOR THE ART
SCHOOL To BEGIN.


Snciety Asks for Permission 20
borrow sI2.OOO TO Pay on the
Academy Indebtedness. aud 90
Hypothecate the Income as Seeur-
ity-What Miss TeIfaIr's VIII says
on the SubIect-One Of the Minority
on the Proposition and the Long
Court Fight 90 Come.
The petition u the Georgia Historical
Society Tor permission 10 borrow money
90 pay of the indebtedness o. the TeIfair
Academy 20 Gen. Henry r. Jackson, and
20 Dee allowed 20 hypotlelate the income
of the academy as security for the pay
meDt az such Indebtedness was fled in
the superior court yesterday by Capt. j.
C.. Cunningham and Mr. Charles y. West.
the committee 70 which the society seie-
gated the authority TO act in the matter,
anu presea, 10 20 the court.
The petition asks that the historical So
c.ety, which Is the trustee under the
Will OF Miss Telfair. be permitted to
borrow the sum Of $1,000 for the purpose
OF paying Off its present indebtedness
ana 10 give the Savannah Bank and Trust
Company power Of attorney TO collect
the dividends on the 1000 shares Of Au-
gusta and Savannah railroad stock to
be expended as provided by the decree OF
court
The Intention Of those who have made
the motion in behalf Of the art school l.
that the institution TO which the power
OF attorney IS given shall from the $500
collected, FIRST pay to the board Of mana
gers Of the Teifair Academy the sum of
$50 year for the care and maintenance
of the institution, 10 being estimated that
this sum viii be needed annually for that
purpose IN addition to the door receipts
OF the academy. which have OF late years
fallen OF considerably. Then 81 900 of the
amount is 10 be put aside yearly az a
sinking fund to pay of the money to be
borrowed and 500 Of the amount is to be
used as interest on the Indebtedness thus
created.
The balance Of the fund is to be turned
over 10 the board Of managers to be used
for the best interests of the academy with
the understanding that they arrange for
the establishment of an art school. A
/ proviso in the resolutions by which this
was brought about is that the board OF
! managers shall pay annually to Mr.. Carl
L. Brandt from 500 10 81 900 on the amount
due him under the contract made with
him 70 paint portrait of Miss Telfair.
| The remainder OF the fund is to be used
for supporting the art school to be estab-
lished al the academy
The question is undoubtedly the most
D
nection with the Tefair Academy. As It
Is considered that Judge Failigant is dis
qualified by reason Of the fact that the
society Is a corporate body Of which he
Is member, there may be some neces-
sary delay In bringing the issue up, as
superior court Judge from some neigh
boring circuit will have TO be secured.
There Is little doubt however, that the
matter will be attended TO with an pos
slble dispatch.
AS put by one OF the minority. a mem
Der of the board of managers, who has
persistenUy opposed the plan proposed
| the skirnishing is over, and the real night
has just begun The contest before the
courts is undoubtedly going to be a long
and hard fought one. Those members
who opposed putting any lien on the in
| come OF the Telfair Academy will proba-
/ bly, file a counter petition, and If they do
/ not succeed before the lower court the
| supreme court will be asked to pass upon
/ the issue. The same course will undoubt-
| eddy be pursued II those who favor the
art school are not successful before the
/ superior court.
I'VE are lighting this step as a matter
/ OF principle" one of the prominent me-
/ bers Of the minority said 1--WE believe
/ We are right and we 10 not intend to give
! In until court of final resort has passed
] upon the question. There Is a number of
| well-known lawyers who have taken an
! interest in the matter Some of them
| think that II would be a violation of the
| trust placed with the society by Miss Tel
! fair TO divert the income m the manner
/ proposed, and for that reason we do not
/ consider that the hypothecated income
would be valid and binding security in
| law. Those who propose lending money to
| pay off the Indebtedness to Gen. jackson
| should be appraised of the facts In the
/ connection namely that some OF Savan-
nan ablest lawyers do not consider that
! the security would be a good one IL is
| true there are others who think differ
| entity, but under the circumstances there
is of course considerable doubt cast upon
! the value Of such a security
with a fun and free consideration of
| the matter, such as should have been Civ
en- question of such Importance | do
| not believe the vote of the society would
| have been as 1t was But the gag law
| was introduced, and those who knew a
| good deal more about the other side of the
| question than was stated did not have a
chance 10 state It, They viii lhaVe plenty
OF opportunity to talk In the courts how
| ever. and there will be quite a contest he
] fore the question is settled | verify be-
lieve that a large portion of the indebt-
| edness to Gen. Jackson will be paid UNI
der the present arrangements before the
| issue IS determined"
1t was stated in the report Of the meet
ing that Col. John Screven, the
third member Of the committee
| appointed to look after the
matter of drawing up petition
TO the court, had refused 10 sign he re-
port of the committee to the society. II
was the petition to the court that Col
Screyen refused TO sign and not the re-
! port
As the question of the authority of the
society to borrow money and hypothecate
| the income from the Augusta and Savan-
| nah stock has been so extensively dis
cussed the portion of the will of Miss
Telfair relating to the Telfar Academy
may be of considerable interest 1t is as
follows:
Fourteenth. l hereby give devise and
bequeath to the Georgia Historical So
ciety and its successors, all that lot or
parcel of land, with the buildings and
Improvements thereon, fronting on st.
James square. in the city of Savannah.
and running back to jefferson street.
known in the plan of said city as lot let
ter N Heathcote ward, the same having
been for many years past the residence Of
my family, together with all my books.
papers, documents, pictures, statuary and
works of art. or having relation TO art or
science and all the furniture of every de-
scription In the dwelling house and on
I the premises Except bedding and table
service, such as china. crockery glass.
cutlery, silver, plate ana lnen), and ali
fixtures and attachments to the same 10
/ have and to hold the said lot and i'm
/ proyements books pictures, statuarv.
furniture and fixtures, to the said Gsor-