The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-10-14
WILL THE CITY PAY THE FEE?
REMUNERATION OF COMMISSIONS
COUNSEL, A QUESTION.

ASfde-An Insurance Agent W no
Was Interested in the Fight
Thinks There Is "a Chance of Rates
Being Raised.
Whether the fire commissioners are re-
tained IN Office or eventually displaced, is
q matter that does not seem likely to af-
feet what will probably become another
bone of contention. The commissioners
may want to do something that the city
council might decide they have no right
TO even consider.
The question is: "Who is going to pay
the counsel for the commission in the
present fight that is going on between it
and council?'
This question was addressed to one oil
the commissioners yesterday afternoon
and his reply, without hesitation was
that their counsel fees should be paid from
the appropriation set apart by council for
the conduct of the fire department. He
holds that the commissioners, acting ac-
cording TO the dictates Of their best judg-
nent. secured lawyers for their defense
in the charges that were brought against
them They felt that It was incumbent
upon them to resist any attempt, consid-
cred wrongful, on the part of council to
remove them from Office or to interfere
with the proper conduct OF the affairs of
the department as they understood them.
The fees of the attorneys are regarded as
being as legitimately a part of the expense
of the commission as the employment OF
any that work for the interests of the de-
partment.
Mayor Meldrim was seen and asked
about the matter but said he had no ex-
preston TO offer
'If the matter should come up" he
said, II would refer it to the city attor-
ney and act upon his opinion. If 1t were
shown that the gentlemen were acting in
accordance with the law in asking the
city to defray the expenses incurred by
their employment of counsel, the bill
would be paid. 1t is not the policy of this
administration to show favortism. All
of the officials enjoy the same rights, and
no failure 10 accord these rights will be
seen"
The report that the commission intends
TO have the city pay its lawyers seemed
TO stagger very nearly all who heard it,
The news was received as a huge joke in
most instances by those not interested
either way, the Joke being on the other
fellow. A laugh was nearly always forth
coming, it being regarded as something of
a joke that the city might have to pay
a case brought by the council
One gentleman said that this intention
of the commission, expressed by one Of the
members as being probable, would be Ike
waving a red rag. He thinks council will
get just little bit excited when the men,
bers hear of 1t.
The fight between council and the fire
commissioners assumed another phase
when City Attorney S. b. Adams served
written notice upon Messrs. duBignon and
Lawrence, attorneys for the fire commits
sioners, that the prohibitory writ granted
the commissioners, restraining council
from entering upon an investigation of
the charges, would be called up Tor argu-
ment on Oct. %.
The writ, which was granted the COM
missioners by Judge Sweat was made re-
turnable to the December term of the SUI
perior court, and 1t was not thought that
the matter would come up for argument
before that time. However, the city au-
thorities desire to have the question of
councils jurisdiction adjudicated at an
early day and have given the ten days
notice. which is required by law, in order
that no time may be lost unnecessarily in
bringing the question to a focus.
The notice to the commissioners coun-
sci specifies that the motion to argue the
validity of the enforcement of the writ
will be brought up before Judge Fall
CANT The controlling point in the con-
tention will be as TO the jurisdiction of
council to investigate charges against the
fire commissioners. AS is well known by
the petition, which was published in fun
in the Morning News, the claim Of the
commissioners counsel is that the com
missioners constitute a corporation which
Is coordinate with that of the city of Sa-
vannah, and that this being the case, the
city cannot assume any controlling or su-
pervisory powers over them.
There Is no question but that the fre
commissioners and their friends feel elat-
ed over the result of the prohibitory writ.
1t was really their desire TO spring a mild
sort of sensation in making known the
facts as was evidenced by an assertion
made by one of the fire commissioners.
He said that if the facts of obtaining the
writ had been made known earlier than
they were, the desired effect would not
have beeen produced. He further said that
the object all along was to postpone the
matter until the last moment, then file
the papers and let the news fly broadcast.
1t was suggested to the commissioner
In question: after he had made the asser-
ton that he regarded the proceedings as
a complete victory, that council might re-
fuse TO make any additional appropriations
for the fire department after the present
ones had been expended, or If they should
make an appropriation, that 1t would only
be nominal one, altogether inadequate to
nection, he said that if council took such
a step, the city might be without fire de-
partment. All the machines, engine
houses, stock and equipment, was in the
possession of the commissioners, he said,
and they could not run the department
without money. He said further that the
commissioners had no fear whatever of
losing in the fight, even going so far as to
claim that the legislature could not repeal
the act creating the commission until the
expiration of the six years for which they
We're appointed.
Members Of council have very little to
say about the matter at the present
Many of the alderman admit that they
were taken by surprise in the proceedings
restraining them from going ahead with
the trial of the fire commissioners, but
state that as the matter is now in the
courts, they win not allow themselves to
be discounted by anything which may
occur in the future with reference to the
case.
The insurance agents of the city do not
seem to know just what viii be done
about the rates. 1t has been stated that
the failure Of the efforts to bring the fire
CHEERS head 10 the block would rpe4Ilt ~,