The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-10-25
HAS COUNCIL THE AUTHORITY?
ANOTHER DAY TO BE GIVEN TO
ARGUMENT.

Friends of the Council and the Fire
Commissioners Each Expect "A De-
cisiOn as They Desire It-StrOnE
Contrast in the Positions Taken by
Messrs. Adams and duBignOn-Has
Council the Authority the Main Is
sue in the Case.
Argument will be resumed before Judge
Falligant in the superior court this morn
ing on the motion brought at the instance
of the city council to dissolve the writ of
prohibition granted by Judge Sweat, re-
straining the council from proceeding with
the trial of the fire commissioners on the
charge of impeachment.
Mr. duBignon will continue his argument
for the commissioners He will be follow
ed by Mr.. A. 5. Way for the same side
Mr.. a. A. Lawrence, who is also one of the
counsel for the fire commissioners, will
probably not make any argument. City
Attorney Adams win have the conclusion
for the city, and his friends are confident
ly predicting that his argument will be
so conclusive that there win be no doubt
as to the decision of the court.
The case involves some very neat points
of law and it is impossible, at present. to
form any conclusion as to the result. The
friends of each side confidently predict a
decision in their favor.
The main positions taken by Mr.. duBig-
non in opposition to the motion are, first
that the proper motion has not been
brought, that Judge Falligant cannot
granted by a brother judge, it being prac-
tically the same as if the writ had been
granted by him, and that the proper
course for the opposite counsel to have
taken was a motion to review and re-
woke the writ. The opposite position up
held by Mr.. Adams is that it is perfectly
proper for Judge Falligant to dissolve the
writ, if it should be shown that an error
was made in granting it, as he would I'M
doubleday do, if it should be shown that
he had erred himself In granting a similar
writ.
The second important point on which
MIR. duBignon and Mr.. Adams differ is
the authorityeof council to try the fire
commissioners, the writ of prohibition
having been granted upon the supposition
that it does not possess this authority.
Mr. Adams has. cited section 100 of the
city code, giving the city the right TO
dismiss any of it's officers for cause and
a section of the state code to the same
effect The latter section IS a part of the
charter of the city and code of the city
of Savannah, which latter were incor-
porated with the state code at the time
of the adoption of that instrument Mr.
duBignon holds that section 100 is not APP
plicable 10 the fire commissioners, being
only a city ordinance, where as the fire
commission, having been created by the
legislature the authority to impeach must
be granted by the same body. The Sec
ton of the state code cited by Nr. Adj
ans he holds not to be law on the ground
that no evidence can be produced to show
that such an ordinance existed at the
time of the adoption of the state code.
Another position assumed by Mr.. du-
Bignon Is that a municipal corporation
has no power which is not conferred upon
it specifically and no power having been
conferred to try the commissioners, it is
without jurisdiction. Mr. Adams holds on
the contrary that the power of removal is
incident to the power of appointment and
is a natural consequence of such power.
Numerous eminent authorities are cited
by both gentlemen in support of their re-
spective positions.
IL Judge Fallgant feels called upon to
refer to all the authorities cited by both
sides 1t will require some time for him
to do So 1t may be several days before a
decision is reached.