The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-10-13

{ QlO not aUCCt ms views.
"Our fight" he said, will be continued
| before Judge Falligant. We will continue
to plead our jurisdiction in the matter. "
The statement read by the mayor seemed
| to have been in thorough accord with the
IDEAS of nearly all the aldermen. Some
of them among these Alderman Charlton,
were seen, and they said that the ex
preston Of the mayor covered the entire
case, and that there was nothing further
to be said. They appreciate fully the posi-
| ton la which the unexpected action of the
attorneys for the commission has placed
| them and recognize the futility of at
| tempting 10 continue the fight.
The advice of the city attorney and tho
| lawyer members Of the council seemed to
have been fully sufficient to prevent the
| further consideration Of rumOred plans
for the Ignoring or evasion of the writ.
Ii is said chat one of the councilmen was
| heard to say that they would continue
with the investigation regardless of the
action of the court. He held that the
mayor and aldermen of the city enjoyed
immunity from Imprisonment. Another
| though without bearing out his colleague
in the opinion, that he was above the
interference of the courts, held that the
proceedings could not be stopped, and
! that the board would go on with the trial.
The advice of the other members overbore
such opinions, if they were true and the
reports correct.
There was no question Of the aldermen
beng surprised The writ was far from
their expectations, and not a single II
told you So could be heard. The inevita-
Bile seemed TO be accepted with a good
grace, however, and no useless objection
TO the course taken We're heard
Il was decided on last Sunday by the
fire commissioners counsel, Messrs. du-
Bisnon and Lawrence, that the course
they would follow would be that of OBJ
tanning the common law writ of prohibi-
ton, which would have the effect of re-
straining council from taking any further
steps in the investigation until the judge
of the superior court had passed upon the
writ. Following out their determination
in the matter, the commissioners coun-
sci proceeded to prepare the necessary
documents, which were completed Mon,
day.
The judicial officer from whom the pro-
cess would have emanated is Judge Faln-
CANT of the superior court The fact that
Judge Faliigant was out of the city, how
ever, necessitated a trip to the court OF
the judge of the nearest cir
cult. who happened to be Judge
J. L. Sweat of the Brunswick
circuit. This trip was made by Mr. Law
renee, who left the city Sunday night GO
ing to Douglas, in Coffee county, and re-
turning Monday.
Before fling the papers in the superior
! court clerks office, Mr.. Lawrence called
upon Mayor Meldrim, as well as CITY At
torney Adams, and asked them 10 ac-
knowledge service Of the process. but they
declined 10 do so, preferring that it be
served by an officer In the regular way
After this Mr.. Lawrence filed the papers
in the clerks office, and also placed the
copies to be served upon the mayor and
the clerk of council in the hands of Act
Ing Sheriff James HUMPHREYS. The officer
]
directed by law, after which he made his
| return upon the papers, which are made
returnable to the December term of the
superior court.
The petition of the fire commissioners
| as presented to Judge Sweat, and the lat
| ter's order are as follows:
State of Georgia, County of Chatham. To
| the superior court of said county: The pc
| tition of VIM. /. Grayson, George w. Par
ish and r. S. Nell, respectfully shows as
follows to wit:
First. That the mayor and aldermen of
| the city of Savannah is a municipal cor
| poration duly organized and incorporated
under the laws OF said state for the gov
| eminent of the city of Savannah in said
| county.
Second. That the Savannah board of fire
| commissioners is a corporation duly in
| corporated by an act of the general as
| sembly approved Dec. 4, 1895, contained in
| the published acts of the general assembly
| of 1885, page 292, TO which said act petit
| TONERS pray leave Of reference as often as
may be necessary during the progress of
this suit.
Third. That your petitioners are the duly
| appointed and qualified members of said
| Savannah board of fire commissioners.
Fourth. That said mayor and aldermen
| of the city of Savannah have instituted
| proceedings for the motion of your petit
| IA 2 NJ IN
! stituted are hereunto annexed and mark
| ed exhibit (A)) and are moving to try
| your petitioners upon the same having
| notified your petitioners to appear for trial
/ before them on Tuesday Oct. y, with the
| intent of removing your petitioners from
! their said offices as members of said board
| of fire commissioners under said act
! Fifth. Your petitioners further show
| that neither under the charter of the city
of Savannah, nor the act Of the general as
| sembly hereinbefore referred to creating
said fire commission, have said mayor and
| aldermen any power or authority to re-
| move your petitioners from their said Of
fees or to pass upon the said charges
! made as aforesaid, but that said mayor
| and aldermen are wholly without jurisdic-
! ton in the premises, and that they are pro-
| ceeding Illegally and are exceeding in this
| regard the authority and power vested in
| them by virtue Of said charter, and the act
Sixth. Your petitioners further show
| that were the said mayor and aldermen
! possessed of jurisdiction in the premises
| which your petitioners expressly deny the
said charges set forth in the proceedings
| instituted by said mayor and aldermen
state no offense or act which, if true
| would subject your petitioners TO removal
from their offices.
Eighth. That your petitioners are
wholly remediless at law.
Ninth. That unless the writ of prohi-
billion herein prayed for do issue instanter
| chat said mayor and aldermen, will pro
| coed to a trial of the said charges. that
your petitioners would be subjected there
| by to great and useless annoyance incon-
venience damage and expense, and that
sad fire department under which said act
your petitioners are vested, with exclusive
jurisdiction, control and supervision
would be seriously demoralized and OBJ
sructed in a proper service to said city
the property owners thereof and the pub
lie.
Wherefore your petitioners pray:
First. That a writ of prohibition may
issue requiring the said mayor and alder.