The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-11-06
FIRE COMMISSIONERS WIN.
JUDGE FALLIGANT REFUSES TO SET
ASIDE THE WRIT.

He Holds That the Right of the
Council to Try the Commissioners
| Under Impeachment Charges Is
Matter for the Legislature to Set
ue-EIther BY Repeating the Com
mission Law or Giving the Council
| the Right to DispIace Its Members.
The Case to BE Carried to the Su-
preme Court.
The fire commissioners have won their
fight In the court as far as it has gone.
Judge Falligant rendered his decision
yesterday afternoon refusing to set aside
the temporary writ of prohibition restrain
ing the city council from trying the COM
mlssioners under impeachment charges.
This. however. may be said to be only
the beginning of a lengthy controversy.
The motion to set aside the writ was
strongly contested on both sides. and the
argument presented involved many. If not
almost ell, of the points that might be
presented upon a trial of the case.
The next step is an appeal from the de-
cislon of Judge Falligant to the supreme
court, and this appeal will probably be
ever, before a decision con be had from
the supreme court. If the decision of the
supreme court were adverse to the posi-
ton taken by council there would then
probably be a trial of the case in the SUI
perior court, to be followed also by an ap-
peal whichever way 1t might be decided.
1t will be seen that Judge Falligant
holds that councils only course is an ap-
plication to the legislature either for
repeal of the bill creating the fire commits
sion, or for an amendment giving council
the right to try and to displace the mem
bers of the commission. This provision
was made in an amendment to the bill
creating the park and tree commission.
1t would appear. therefore, that the de-
cision of the court bears somewhat upon
the main case as well as the refusal of
the court to dismiss the temporary writ.
Judge Falligants decision in full is as
follows:
I'm Chatham superior court. William
L. Grayson and others, the Savannah
board of fire commissioners, VS.. the mayor
and aldermen of the city of Savannah.
Petition for writ of prohibition. Motion
to dissolve temporary restraining order.
After full consideration of said motion
upon arguments and authorities produced
it Is held that the said defendants, the
mayor and aldermen of the city of Savan-
nah have no express or implied authority
to try and remove said 1.-The Savannah
board of fire commissioners"
THE remedy is with the general assem-
bly, of Georgia, either by repeal or by
amendment to the act creating said board
giving to the mayor and aldermen the right
and authority claimed. This power was
granted to the mayor and aldermen ex-
pressly in the case of the Savannah park
and tree commission by the amending act
of 1896.
1T is, therefore, ordered that said mo-
ton be refused and that the restraining or
der heretofore granted in said cause shall
continue of force until the cause shall be
heard and disposed of in term time, or until
the further order of the court.
Savannah, Ca, Nov 5, 1897, at Cham
bers."
City Attorney 8. B. Adams, when seen
by a Morning News reporter, did not seem
to be at all upset by Judge Falligants
decision.
The case will be taken to the supreme
court as matter of course said Mr..
Adams. 1T is an interesting point and 1
would like to have the decision of the SUI
preme court upon the question:
on being asked as to the effect of the
decision, Mr. Adams said: Under the
judges decision. no matter what a COM
missioner does or fails to do there is no
power i'll the land to remove him or to re-
lieve the public outside of the legislature.
which, for any past misconduct, could
give no relief, except by the repeal
of the act. An amendment to the act
could not be taken advantage of to punish
previous misconduct on the part of a COM
missioner"
Had Judge Falligant's decision been in
favor of the city and had council then
proceeded to try the commissioners, and
to remove them under the charges brought
against them, Mr.. Adams said, the COM
mlssioners would have had their remedy
in the writ of certiorari, by which they
could have carried their case to the SUI
perior court and from thence to the su.
preme court and. even had they been
ousted, a decision In their favor by the
supreme court would have resulted in their
reinstatement.
The decision did not fall like a thunder
clap upon the Liberal Club people, zone
more nail in the coffin of the Liberal
Club" said their opponents. mot So"
replied the Liberal Club men. "Only an
other good argument to use before the
legislature for the repeal of the commits
sions.' The fight is still on, with no CIV
ing in on either side.
1T Is for the other side to talk" said
Mr.. A A. Lawrence, one of the attor-
neys for the fire commission, when APP
preached about the matter THE decision
is what we were looking for, and of
course we are satisfied. Just what
course the matter will now take am not
prepared to say"
CYCLE THIEVES (vTUVEy