The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-10-26
THE ARGUMENT CONCLUDED.
ATTORNEYS IN FIRE COMMISSION
CASE TO SUBMIT THEIR BRIEFS.

The Matter of the Restraining Order
Preventing the City Council From
Proceeding With the Trial of the
Commissioners VIII Then Rest
with Judge FalIIgant-AbIe and
Exhaustive Arguments Made aad
Numerous Authorities Cited by
Both sides-NO Decision Expected
for Several Days.
Argument on the motion to dissolve the
| writ of prohibition and dismiss the re-
straining order issued by Judge Sweat of
| the Ware circuit, prohibiting the city
council of Savannah from proceeding TO
try the members of the fire commission
on charge of impeachment was concluded
in the superior court yesterday, the entire
day being occupied in the argument.
City Attorney Adams finished the clos
ing speech shortly before o'clock. and
Judge Falligant announced that he would
open court at 10 o'clock this morning to
receive the briefs of the attorneys. He viii
then take the matter under consideration.
AS the argument has been lengthy and
the authorities cited numerous and volum-
inous, it will probably be several days be-
fore decision will be rendered.
There has not been a case in the recent
history of the courts of Savannah which
has been more closely contested, nor one
in which so many eminent authorities have
been cited from both sides. Every frag-
ment of law which could possibly bear
upon the case seems to have been looked
at from every point of view, and the able
attorneys engaged on both sides of the
case have each apparently made the law
appear to be decidedly in his favor With
less astute judge and weaker council
on either side the opposing side would
have had no difficulty in scoring a signal
victory.
Mr.. duBignon resumed his argument
shortly after the opening of the court at
10 o'clock, devoting lage part of his time
in discussing authorities in support of po-
sitions assumed by him in his argument
on Saturday. Mr.. duBignon devoted him
self mainly to the authority of counsel to
try the commissioners the discussion in
Guiding section 100 of the city code, section
4,SoS OF the state code and the common
law rights, all of which had been cited
by the city attorney as basis for the au-
thority of council.
Mr., duBignon's position was that while
In common law the power of removal was
incident to corporations, the code of Geor-
gia, in enumerating the common law pow
er OF corporations excluded the power of
removal of officers, and therefore this
common law incident did not follow in the
creation Of corporation. That if the
common law rule, that the removal of Of
flcers is an incident 10 corporations, is
adopted, that under all the common law
authorities ie N 70 fha
corporation at large, which means all the
members and does not belong to the COM
mon council unless given by express char
ter gram. That If. for the sake of argument
Ii be admitted that the mayor and council
have the right to remove their ordinary
officers for cause they would not have the
right to remove the commissioners under
| the constitution of the acts of the legisla-
ture creating them. That in creating the
commissions the legislature Intentionally
created Independent and coordinate bodies
of the city government with a view of
Keeping the several departments of the
city out OF politics. That they intentional
ly left out the power to remove them, be-
| lievlng 1t was better to run the risk of
misconduct In office than to defeat the OBJ
1ect of their creation by giving an incom-.
ing partisan board the right of removing
them whereby they could give each COM
mission the same political complexion as
ment of the park and tree commission act
at the last session of the legislature was
| an admission of the legislative intention
| that council should not have the power
! OF removal of the commissioners.
The whole purpose and intent of the
| act creating the commission would be de-
| feated, Mr. duBignon said, If it's members
! should be made subject to removal by
council the evident purpose and inten-
ton of the act being to make the commits.
| sion independent of council. He urged at
| some length that section 1853 of the state
code, which had been cited by Mr.. Ad-
| ans in support of the eity's authority
was of no value, there being no evidence
that it had existed either as a statute or an
| ordinance previous to the adoption of the
code of 1868. In his conclusion Mr.. du-
Bignon drew pointed attention to the fact
that the commission in being tried by
| council, would be tried by their accusers
which was contrary to all law and prece-
dent.
A committee of council, he said, had
| madeoa report after a preliminary inves-
tigatien. condemnlng the commissioners in
the seVerest terms, which report had been
received with approval by council Now,
this same body proposed TO try the COM
missioners on charges preferred by a COM
| mittee of its members and to occupy the
! remarkable position of being both triors
and accusers. Mr.. duBignon closed his
! argument with brief summary of the
| questions involved i'm the case.
Mr.. duBlgnon, upon concluding his ar
gument, requested to be excused by the
court, stating that 1t was necessary for
him to leave shortly for Washington to
| represent the Southern Express Company
| before the supreme court in a case to come
| up tomorrow morning. He expressed his
regret at being unable to remain 10 hear
the concluding argument by the opposite
side, which he felt satisfied whould be an
able one.
Mr.. Way followed Mr. duBignon, but
only spoke a few minutes, simply calling
attention to section 1883 of the code, which.
he held simply provided for the retention
in office of those officers of the city hold
ing office at the time of the adoption of the
code. the latter portion of the section stat
ing that these offices should not be vaca-
ted except by death, resignation or reno
val from Office. Mr.. Way held that even
| If this section should be law, as claimed
by Mr. Adams, IL was only of a Temporal
ry nature and no longer of any effect
Mr.. Adams begun speaking at 1:4s
o'clock, continuing until o'clock, and re-.
Stunning again at and occupying the time
1 until O'ClOpk Much more time WA a xar,