The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-08-20
LOST PATIENCE AND PASSED.
AN AMUSING SCENE IN THE sUPE-
RIOR COURT YESTERDAY.

Georgia Historical Society and
TeIfair Academy InvOIved-Other
News From the COurts-Grand Jury
Committee to Report.
1t was pitifuI
All of the leading dignitaries of the Sa-
vannah bar We're gathered then and there
to try the case. 1t was the stupendous
/ litigation involving the right of the Geor-
gia Historical Society-famed old institu-
tion-to establish an art school. The case
had been heralded in the papers long be-
fore 1t reached the assignment docket,
and everybody was eagerly watching to
see what would be the outcome of it.
And then, to have the case passed!
There was something pathetic in the
scene Mr.. Saussy and Judge Harden
have been impatient ever since the case
was docketed to have the court render a
decision so the issue might be sent on to
the supreme court and tested permanently.
On the contrary Mr.. Samuel b. Adams,
! Col. Garrard and Mr. C. N. West were
| equally anxious to get the litigation dis
| posed of, for they represent that class
of the society folks in Savannah who are
eager to get the art school established.
| Other prominent lawyers of the city were
in the case representing one thing or an
other. The case has many turns. So
ciety folks are profoundly interested.
The case was docketed for yesterday,
and Judge Falligant called it promptly on
time About the court room all the giants
of the local bar were gathered and could
| be seen peeping from behind colossal piles
| of legal documents, musty and bound with
rubber bands. The arguments had scarce
| ly begun when Judge Harden raised the
! point that Judge Falligant was not quail
| fled to try the case. This threw con-
! sternation throughout the forum, and the
| hoary tribunes trembled with surprise.
| Some came to the rescue braVely and de-
| clared that Judge Falligant was qualified.
| but Judge Harden argued that he was
| member of the society, and thus being
member was a party to the litigation. The
| whole discussion was stopped by Judge
Falligant writing out an order to the eff
| feet that he was qualified, and called
| upon the attorneys to proceed with the
! case. Later there was more quibblinS
among the learned counsel on the ground
| of Judge Falligants relations with the
society and his rulings prior to that time
! on similar issues, and then the judge re-
| Voked his former order, and said: Gen
| tlemen, for personal reasons, I prefer not
! u sit on this case. 1 still deem myself
! qualified because 1 have no pecuniary in
| terest in the issue; but for personal rea-
| sons l prefer to have another judge
brought in. Just name your judge and I
| will endeavor to get him here"
Judge Harden arose and said that there
| was but one judge in the state he would
object to, and Judge Falligant laughed and
/ said, Il shall not ask you, sir, to call his
name; it might prove embarrassing for a
| brother on the bench"
| after considerable more talk, aimless
| though entertaining, II was found that the
| whole day would be consumed without any
| agreement as to a judge to try the case or
| date for the hearing, SO Mr.. West arose
| and said, II have simply to announce that
| we will be ready to fight the PLAINTIFFS
case wherever and whenever we find it,"
! Seeing that no agreement was in sight
! and, perhaps, despairing of the delay
| Judge Falllgant said in a loud emphatic
voice, well, gentlemen pass the case"
| and with this he descended from the bench
and hurriedly started for his private office
| when he was accosted by Judge Harden
who said, Without naming a date,
judge?"
| yes, pass the case without naming a
| date"
The distinguished jurists who had been
| holding a session which rivaled the ses-
sions of the United States Senate, tied up
| their law papers and quietly walked away.
There will be a meeting of the grand
jury this afternoon at which time the re-
port of the special committee to invesu-
gate the county's drainage and the work
on public roads will be received and acted
upon by the members.
The special committee, through Mr.. A.
c. Harmon, chairman, will make fun
report upon the recent inspection of the
work that has been done in the county
through the department of public work al
the direction of the county commissioners.
IL is understood that the report will go
into details concerning the trips taken by
the special committee over the county un-
der the escortage of the county commits
sioners
IL will be remembered that the special
committee sent communication to the
chairman Of the county commissioners
when first appointed to make this inspec-
ton by the grand jury setting forth the
charges that were to be answered. These
charges We're in review of complaints
which had been made from various citizens
claiming that the drainage near the city
was being neglected by the county COM
missioners who had taken all Of the county
laborers away from these places and car
ried them out to Buckhalter swamp,
great distance from the city and the
thickly settled districts Of the county TO
dig a big ditch for the drainage OF that
vast wilderness Of county. Another ques-
ton which was asked the county commits
| HAHflffa WIS " ny NNtAll n new INhl Ue
built TO ThunderbOlt when the one now
running there can be purchased at cost
less than the cost of constructing the new
road2"
A letter was written by the county COM
missioncrs at their last meeting ana sent
20 the chairman OF the grand jury's COM
mittce. In which answer rs made 20 all Of
these questions and complaints. II is not
known what Will be the nature Of the re-
port Of the grand jury committee nor how
10 will Doe received by the grand jury MS
whole. but 10 is understood that the general
tone Of the report is 20 smooth down the
complaints which have been made by Dr.
LeH1rdy, health officer. and others con-
corning the lack Of attention which has
been given the drainage near the city late
~ boy the county commissioners.
In the city court the case OF Mary An
geio. co.orod against the Brush Electric
Light and Power Company and the cliy
of Savannah was terminated 70 verdict
D q la