The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-10-13
WRIT STOPS IMPEACHMENT.
CONTINUED from Eighth Page.)

II
continued from Eighth Page)
=, 5s superior court for the eastern judi
-. circuit of Georgia, is now absent from
4 .I circuit and state, and is at some
/ ,.. I1 the state of New York and that
=. are informed by the officers of court
,..- he Will not return before the 18th
Gav of October, 1897 Wm. L. Grayson,
r. S. Nell.
Geo. w. Parish.
sg-7rn 10 and subscribed before me this
c., flv Of october. 1897. "a
j. e. Campos, N. P. c. c.. Ga.
At cham ers, Douglas, Georgia, Oct II,
,sg--rhe foregoing petition having been
+,r.seuted 10 me, and being the judge of
iI7.-iaI circuit adjoining the eastern ju-
,fi,l circuit of Georgia, and it appearing
,s.+ Hon Robert Falligant, judge of said
..,ar1 1udicial circuit is absent from
s5iJ circuit and the state of Georgia, and
mi mis- absence is likely to continue for
same dine TO come, l have read, consid-
.rs md do sanction the foregoing petit
ta1 nj thereupon it is ordered that it
h. fled in office, that process do issue. 1t
Il; further ordered that the said mayor
and aldermen of the city of Sa-
,arr8h He and appear at the next term
of me superior court of said county and
SHOW cause why it should not be perma-
n.rtIv trained from trying the petit
ti.uars iu the above and foregoing appH-
Gallon. aud it is further ordered that the
said MAYOR and aldermen of the city of
Savannah be and they are hereby re-
strained md prohibited from proceeding
with said trial until the further order of
fre court 1t is further ordered that a
COPY of the foregoing petition, order and
prohibition be served upon the mayor and
aldermen Of said city by leaving copy
thereof with Honorable Z. w. Meldrim.
mayor of said city, and with the clerk Of
the city council. j. L. Sweat,
Judge Brunswick Judicial Circuit
When the petition with Judge Sweat's
order. was brought back to Savannah and
filed in the superior court an order was
issued by the clerk requiring the mayor
and aldermen, either personally or by
attorney. TO appear at the next term of
chatham superior court on Monday. Dec
6, 10 answer the petition of the plaintiffs.
In reeard to the matter, Mr.. Lawrence
stated 90 a Morning News reporter that he
had nothing further to say than that the
commissioners claimed that they were a
corporation, legally created by the legis-
lature of Georgia, and that they were CO.
ordinate with the corporation of the city
OF Savannah.
He said that the position taken by him
self and Mr. duBignon, as counsel for the
comm ssiOners, was that council is with
commissioners,
in any way, to attempt to affect their
positions When asked as to the possible
course which the litigation would take,
he said that it might go against the COM
msSioners in the superior court, in which
event they would appeal to the supreme
court. If the litigation went averse to
them in the supreme court, this would
have the effect of the case reverting to
council for the trial Then if council de-
sio
might possibly go to the superior court
asuin on writ of certiorari, and on
through the supreme court again He
said that all this would of course require
some time.
Mr.. duBignon was also seen about the
turn the case had taken, but declined to
discuss the merits of the course pursued
by the commissioners. In speaking of the
process itself, however, Mr.. duBignon
said that the prohihtory writ was the old
common law process, used in practice only
for the purpose of restraining the unlaW-
full use of judicial power.
There were absolutely no political feel
ings in the matter, so far as he was con-
cerned, Mr.. duBignon said, his part being
purely that of a lawyer. He stated that
ne mad no doubt but that politics was
concerned in the contest to some extent,
but that he was simply there as counsel
for the commissioners, and in no other
capacity.
Now that the matter has gotten into the
courts, still stronger efforts will no doubt
be made to repeal the fire commission bill
at the coming session Of the legislature.
The fight will no doubt present an in
teresting situation for some time to come.
The effect of this status of affairs is
said by prominent Liberal Club leader to
be most advantageous to those who in
tend to advocate the abolition of the COM
missions. When he heard of the granting
OF the prohibitory writ, he said:
That is the best thing that could have
happened for those, who wish to see the
abolished at the coming ses-
sion of the Legislature. We are certainly
IN remarkable attitude. Here is a com
mission in charge of a department of the
public service of Savannah, over which tbe
city of Savannah together with eve1.v-
thing and everybody else, is absolutely de-
MED any supervision or authority. Also
lutely no head is acknowledged and the
people are estOpped from helping them
selves, as against any possible wrongs. 7
think the idea of having such a commits
son, which now goes down on record as
denying the right of council to control il.
VIII work to the manifest advantage of the |
antl-commiSSion advocates"