The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-10-11
WILL DECIDE 1T TO-DAY.
COMMISSIONERS COUNSEL TO DE-
TERMINE THEIR COURSE.

TEHMlNE THEIR COT HSE.
Mr.. duBiEnon Says If the Commits
siOners Appear and Are Convicted
by Council. "A CertIorari VIII Act
Supersedeas and Retain Them
in Omce-Otherwise They Might BE
Ousted aud Have to Institute quo
Warranto Procecdings-Mr. duBig-
non Does Not Believe the Alder
men Have Made Up Their Minds.
Hon. F. G. duBignon returned
10 the city yesterday from
Atlanta. where he has been
for several days upon legal business He
was seen by a Morning News reporter
and asked about the fire commissioners
case, in which ne has been employed as
counsel
He explained that he had not had the
opportunity Of consulting with his clients
yet and could not give out any facts
appertaining to the prospective action Of
the fire commissioners with reference 10
the charges.
I will say, however" Mr.. duBignon
stated, that 1 shall not have the slight
est hesitancy in advising the fire commits
sioners to appear before council, if I find
that TO be the advisable course after con.
sulting my library. I should not at all
be influenced by this talk that the minds
of the board are already settled upon the
correctness of the charges and that the
commissioners could not get justice be-
fore the members. Council would
he under oath to act in &C,
cordance with their sincere judg.
ment, aside from any political feeling
which they may entertain toward the fire
commissioners. Tt is my opinion that
just and equitable conclusion would be
reached by the board, according to the
way the facts might impress them.
But just now I will not say what my
advice to the commissioners will be- In
the event they appear before council and
go through the examination, they would
have the right to take their case to the su-
perior court by writ of certiorari, should
council sustain the charges. This proceed
ure would have the effect of superceding
the conclusion reached by council and
would hold the fire commissioners in their
dictated.
However, if the fire commissioners
should not appear and defend themselves"
continued Mr.. duBignon, "the probable ac-
ton that would be taken by council after
the eX parte hearing would be to pass
resolution sustaining the charges and de-
clarlng the offices of the commissioners
vacant. They would also be apt 10
appoint a new set of commissioners to
take the places Of the present incumbents.
Here the fire commissioners would have
to vacate and proceed into court by writ
of qua WaTrantO, where the question of
the right of council to deprive them Of
their offices, together with a trial of the
case upon its merits, would become the
issues.
The difference is that if the commits
sioners fail to appear and council decides
adversely to them, they will have to step
down and out upon the receipt of notice
and seek relief by the course as stated.
If, however, they do appear at the ap
pointed time and council finds the charges
to be correct and notifies them to vacate
their offices, the commissioners can hold
on by virtue of the certiorari process,
which will, as 1 have stated, have the eff
feet of superceding the final action of
council, pending the trial Of the case in
court"
Mr.. duBgnon says he will investigate
the law upon the question to-day, and
thinks that he and his associate, Mr..
Lawrence, will know what course they
intend to advise by tonight. Everything
indicates, however, that it is almost an
assured fact that the contest will find its
way to the courts, and that a long trial
Will follow.
The course which the commissioners
would likely pursue has been the topic of
public talk since the charges were pre-
ferred by the special committee appointed
by council, but the plans have not been
given out for the reason that they have
not been determined as yet. The advisa-
blity of appearing has been thoroughly
discussed by the commissioners and their
friends, but all facts tending to disclose
the course which would likely be followed,
have been steadfastly withheld. 1t is
known fact however, that the feelings of
the commissioners has been that the minds
of council were already fixed, in so far as
the correctness of the charges were con-
cerned, and with this feeling, their con-
viction has been that the proper course
would be to keep the matter out of the
| hands of council and get it TO the courts,
if such course were possible.
Mr.. duBignon seems to Indicate how
ever, that the appearance of the commits
sioners VIII be their best course. since that
might have the effect in any event of
keeping them in office until the matter has
! been determined by the courts
THE CHARITIES MEETING.
80 WA n