The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-07-18
JUDGE FALLIeANT QUALIFIED.
He WILL HEAR ARGUMENT On THE
ART SCHOOL PETITION.

The Georgia Historical society's Re-
quest for Permission to Borrow
Money and HyPotheeate the In
come OF the TeIfair Academy-The
Minority File n Counter Petition
Against the Society, Asking That
the Request BE Not Granted, on
the Ground That IL l. Contrary TO
the Terms OF the Trust-An In
junction Asked For-The Argu-
ment 10 lie Continued Next satur-
day.
The petition OF the Georgia Historical
Society trustee. under the viii Of Miss
Mary Telfair for permission TO borrow
money 10 pay of the Indebtedness OF the
Telfair Academy 10 Gen. Henry r. Jack
son. and TO hypothccate the income Of the
academy from the 1000 shares Of Augusta
and Savannah railroad stock as security
for the payment Of the amount thus Dor
rowed came up before Judge Failigant yes
terday
Messrs. Charles n. West. VIM. Garrard
and Pope Barrow appeared In behalf OF
the society. and Judge VIM. D. Harden and
Mr.. j. r. Saussy were there 10 represent
the minority which opposes the granting
Of the order asked for by the petition. Sew
eral arguments were made, the time Of the
court being consumed from 10 o'clock a.
m, until . O'Clock p. m, when the mat
ter went over until Saturday. July 25.
The first question OF importance that
came up was the qualification Of Judge
Falligant to preside ia the case. The mi
nority held that ne was disqualified on ac-
count Of being a member Of the Historical
Society which is an incorporated body
Section 2O5 Of the code states. however
that no judge can sit in any case or pro-
ceeding in which ne Is pecuniarlly inter
ested, and the attorneys representing the
society held that Judge Faligant was not
pscuniarily interested, he being simply
member of the society from which ne did
not derive any pecuniary benefit Judge
Faligant, too. took this view OF the case,
and decided that so far as the matter had
been presented he was qualified under the
code to preside and hear the matter.
Mr.. Charles n. West and Col. William
Garrard then made arguments In behalf
OF the historical society, and the petition
presented by II as trustee, while Judge
Harden and Mr. Saussy deferred their ar
guments until next Saturday. Mr.. West
and Col. Garrard Of course, held that the
petition contemplated no violation of the
by Miss Telfair, and in gen
eral retraced the ground that
has been gone over so thoroughly since
the question Of the establishment of an
art school has been considered.
The attorneys representing the minority
filed counter petition, that of
John Screven and others against
the Georgia Historical Society as
trustee under the will Of Mary
Telfair, the attorneys representing the
plaintiffs being Messrs. Saussy Saussy
and Judge William d. Harden The par
ties plaintiff to this petition are Col John
Screven, Col. George A. Mercer, Col. j.
II. NJ. Clinch, Judge William d. Harden
and Mr.. J. r. Saussy.
This counter petition Is in the nature OF
a petition for injunction TO restrain the
society as trustee from borrowing the
money and issuing the bonds as contem-
plated. 1t goes over the whole history Of
large sum of money from Cen Henry X.
Jackson for which no security was given
other than the promise of the board OF
managers of the academy to pay II from
the income of the fund left under the be-
quest the employment or a director, un-
der whom an art school was founded, and
the fact that at that time II was consd-
cred contrary to the terms Of Miss Tel
fairs will to use any part of the income
for the employment OF an art teacher. 1t
is stated that in a letter written on the
subject Gen. Jackson expressed himself
at the time Mr.. Carl L. Brandt was en-
the use Of any part of the income TO pay
a teacher or instructor of an art school,
because such was not in accordance with
the terms of the win.
The petition asks that the Georgia His
torical Society be eniolned from issuing
$4,000 of bonds as contemplated for the
purpose of paying their Indebtedness TO
Gen. Jackson, that It be enjoned from
experimenting the academy's income for
security for such bonds, that II be en-
joined from giving an irrevocable power
of attorney to the Savannah Bank and
Trust Company or any other institution
for the collection of the academys in
come, and in short that It be enjoined
from taking amy of the steps toward the
establishment OF an art school, on the
ground that the expenditure of any por-
tion of the academys income for that
purpose would be a violation of the trust
and contrary to the will OF Miss Telfair
1t cites the fact also that motion was
made at the special meeting of the So
| ciety at which the committee was au-
| thorlzed to file the petition to the effect
| portion of the trust income from being
| encountered, and that this motion was
| ruled out of order by the president GEN
! jackson, who was In the chair. on an ap-
| peal to the society. the ruling Of the chair
| was sustained
The attorneys representing the minority
| have not yet decided definitely whether
! or not they will ask for a temporary in
| junction to prevent the terms of the pc
| tition from being carried out. Such
| course would give one side or the other
! according to the decision of the court, the
right to carry the question up to the SUI
! preme court. The argument on the Ques-
ton will be concluded next Saturday
SIX INDICTMENTS FOUND.