The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-07-29
1T IS NOW WITH THE COURT.
ARGUMENTS on THE ART SCHOOL
PETITION CONCLUDED.

Mr.. Saussy's Amendment to the
Counter Petition, which VIII Per-
NIT of Its Being Taken to the
supreme COurt-The Argument
Yesterday Made by Mr.. sauSsy,
Representing the Minority, and
Col. william Garrard. Represent
ing the Georgia Historical So
ciety in the Original Petition.
Nearly the entire time Of the superior
| court was taken up yesterday in hearing
argument upon the petition of the Geor-
gia Historical Society. for permission to
| issue $4,000 OF bonds Tor the purpose Of
paying of the debt of the society TO Gen.
/ Henry r. jackson, the object of such a
step being to devote portion OF the in
come Of the society, now pledged TO the
payment Of the debt to Gen. Henry r.
| Jackson, TO the establishment
| and maintenance of an art
/ school in connection with the
| Telfair Academy of Arts and Sciences,
| and to hypothecate the income from the
/ 10000 of Augusta and Savannah stock
| held by the society as trustee for the
academy to secure the bonds.
| The history of the lengthy discussion of
/ this move in the historical society, and
the reasons for bringing the matter into
| the courts. have been fully given in the
| Morning News. In brief a majority OF
| those present at the last meeting voted in
| favor Of such a move for the purpose Of
| establishing an art school, while a minor
| ity. including a majority of the board of
! directors of the academy, voted against
/ the move.
Col William Garrard and Mr.. c. n.
! West appeared before the court yester-
! day for the petitioners, the argument be-
| ing made by Col Garrard. Mr.. J. r.
| Saussy appeared as representing the other
| view of the case, he having been invited
| by the court as amicus curiae, for the
| purpose of giving the court such infor-
| nation as he might possess concerning the
/ petition Mr.. Saussy accepted the invita-
| ton and a [ the same time filed petition
| requesting an injunction against the GeOr-
/ gia Historical Society to prevent II from
/ issuing such bonds. Mr.. Saussys object
! In filing a petition for injunction was in
| order that he might be in position to APP
| peal TO the supreme court in case decision
| should be against in the lower court. Had
| he been content TO appear simply as am
| icus curiae he would not have had this OPP
| pOrtunity and the decision of Judge Falli-
| CANT in the matter would have been final,
| there being then only one party to the suit
! The argument on both sides was very
| lengthy the whole history of the Discus
/ sion before the society being gone into,
| together with the several acts Of the so
| ciety arranging for the payment of the
/ debt due by it to Gen. Jackson. Mr.. Saus-
| sy occupied about two and one-half hours
| in the morning and Col. Garrard nearly
! as much time in the afternoon. The first
| point by Mr.. Saussy was that Judge Fal-
| ligant was ineligible to pass upon the pc
| titiOn on account of being himself a mem
| Der of the Georgia Historical Society.
| Generally, Mr.. Saussys position was that
the plan proposed by the petition was con-
| trary to the provisions of Miss Telfair's
| VIII, that there was nothing in the will
! providing for or indicating any intention
| to establish an art school on the part of
the testatrix and that the Georgia Histor-
| ical Society, as the trustee for the fund
| was not warranted in divertng any por-
| ton of the income from the stock to any
| other purpose than those specified in the
| viii.
Mr.. Saussy argued that under the pres
| ent arrangement entered into by the So
! ciety with Gen. Jackson the entire debt
! would be paid off in three years, while by
the arrangement proposed by the petition
| ers debt would be contracted which
| would run for twenty years and which
| would cost the society 5000 for interest
alone. He urged further that the bonds
| which Il was proposed to issue, would
| be of a very doubtful character as their
| only pledge would be the income on the
| 100000 of Augusta and Savannah stock
and the failure of the railroad company
stock would destroy the value of the
| bonds
Col, Garrard recited the history of the
| movement in the society in the favor of
an art school, resulting in the action on
| the part of the society, as represented by
| the majority of those present when the
| action was taken in favor of the plan pro-
| posed. Col. Garrard gave an expos tion
of the finances of the society, showing
| that the only way in which an art school
could be established was by the plan pro-
! posed or by some similar plan.
He discussed the value of such school
| IN connection with the academy and op-
| posed the idea of neglecting such an i'm
portant movement for three orrfour years
| until the debt due Gen. Jackson should
! have been paid. He discussed Miss Tel
fairs will and held that the society, in
! entering into such an arrangement as that
! proposed by the petition, would be en-
/ ttrely within its province as trustee
| of the property and that instruction
! IN art was a part of the intention
| of the viii of Miss Telfair as we'll as
| natural consequence. He argued that the
| plan was entirely feasible and quoted au-
/ thorities, TO show that such action on the
| part of the society would be entirely le-
! gal and proper. Col Garrard also quoted
| authorities to show that Judge Falligant
! was not disqualified from hearing the
| petition, ana that the fact of his mem
| bership in the society in no wise affect
| ed his prerogatives as Judge.
Mr.. Saussy amended his petition during
| the day, by making Attorney General Ter
| rel a party to the petition in behalf Of
! the state on the ground that the supreme
| court, in passing upon the will of Miss
| Telfair, had decided that by her bequest
| the Telfair Academy of Arts and Sciences
was a public charity, and as such en-
! titled to the protection of the state Judge
| Falligant took the arguments submitted
! together with the papers in the case, and
! the authorities referred to, under con
! sideration. 1t viii probably he several
! days before a decision is rendered. In
! either case the matter is likely to be TAX
| en- to the supreme court
Funeral of Henry II. Remshart.
The funeral of the late Henry Roswell
Remshart took place yesterday afternoon