The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-09-05
WHOSE ARE THE RECORDS?
COUNTY SURVEYORS RECORDS FOR
MANY YEARS ARE IN DISPUTE.

Administrators of Estute of the Laie
Capt. j. n. Tebeau Claims the Rec
ords Are Private Property-Nesy
Incumbent, Mr.. r. j. Thomas, Goes
Into Court for Their Recovery.
Judge FaIIigant Orders Them De-
posted With the Clerk of the
COurt-FInaI Hearing soon TO BE
Held.
An interesting and, at the same time,
very important case was heard by Judge
Failigant in chambers yesterday. The
possession of the records of the county
surveyor of Chatham for some twenty
years prior to 1891 is the matter over
which the litigants are at issue. These
records are now. or We're up to yesterday
afternoon, in the possession of the admin
istrator of the estate of the late Capt.
John r. Tebeau, who, for nearly thirty
years prior to his death, was the county
surveyor. They are very valuable, being
as they are, the records OF all the surveys
made in the county during the time men
toned, and to secure them for the office
of the present county surveyor is highly
necessary for the proper conduct Of his
work.
Capt. Tebeau died last summer and his
successor. Mr.. Edward j. Thomas. was
appointed oct. 4. Mr.. Fred Tebeau was
made the executor of the Tebeau estate,
and he secured the records, the possession
Of which is now in dispute These records
had been removed from the office of the
surveyor when the present incumbent took
charge. Approaching their value and be-
ing anxious to secure them for the office.
Mr.. Thomas began to make investiga tons
to discover what had become of them.
Finding that the executor of the estate
of his successor had gotten the records, he
applied to him for them, but was refused,
all with the exception Of those since 1891,
which were turned over to him The ex-
ecutor claimed that the records were the
private property of Capt. Tebeau and that
the county had no right to claim them.
1t seems that Capt. Tebeau had kept no
record OF the surveys made by him in lust
the manner that the law prescribes. The
statutes say that the county surveyor
must keep careful record in a we'll
bound volume. Capt. Tebeau doubtless
through ignorance of the requirements,
ala not keep the record in the way he
should have done. His record of his Office
was kept in sort of scrap book and evil
IDENTIFY only for his personal
satisfaction. The records are very
wei kept, and there should be
no difficulty in finding mention
OF all the surveys made by the late sur
veyor.
Upon the refusal of the executor to de-
liver the records to him, Mr.. Thomas re-
ported the matter to the county commits
sloners who referred him to the grand
jury. His submission of the case to this
body had no effect, so the next move of
the surveyor was to secure a LAWYER Mr.
+. NJ. Oliver was retained and went to
work on the case. A petition was filed In |
the Efiingham superior court, PRAYING
that Judge F. r. Tarver of the Dillingham;
county court, as administrator, with the
viii annexed. of the estate of
Capt. Tebeau, Mr.. Fred TIE
beau having retired from the executorship.
should be summoned before Judge FALL |
giant to show cause why the records in his
possession should not be turned over TO the |
petitioner, Mr.. Thomas. This order was
granted on Aug. 2S, and yesterday Judge |
Tarver appeared and the case was heard |
The estate was represented by Mr.. A. c. |
Wright, who acted for Mr.. T. M Cum |
bingham, Jr.. the attorney for the estate.
who is now away on a summer vacation |
Mr.. Wright filed a demurrer on the !
ground that the superior court of Effing- |
nam had no jurisdiction; that the jurisdic- |
ton resides In the ordinary, county com
missioners or the superior court of Chat |
ham county, instead of in the eastern jul
dicial circuit of Georgia, as Indicated in |
the petition. This demurrer was overrul- !
ed and the judge granted an order that
the books and papers claimed by the es-
tate of Capt Tabeau, and those claimed |
by Mr.. Thomas, as the surveyor of the |
county, should be removed from the place |
where they have been kept by the es-
tate's administrator, which was at Mr.. |
o. T. Shaffers drug store on West Broad |
street. and deposited with the clerk of the |
superior court of Chatham county for safe |
keeping until this litigation for their pos
session has been concluded
The final hearing in the case will be |
awaited with interest 1t will probably
take place directly after the return Of Mr..
Cunningham.