The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-10-13
WRIT STOPS IMPEACHMENT.
JUDGE sWEAT'S ORDER OF PROHI-
BITION a SURPRISE.
COUNCIL OBEYS THE COURT.

kUUNOlE ODE ! y III OOOli u
Temporary Restraining order Cuts
short the Trial of the Fire Conn
missioncrs-The Matter Taken In
to Court by Their COunsel-WiII Re
Heard before Judge FaIiignnt in
December-In the Meantime the
Commissioners Can Not BE Dis
turbcd-CounciI's Brief Meeting
and Mayor MeIdrim'S Interesting
RcDIy 10 the Allegations Made.
The impeachment proceedings against
the fire commissioners were not taken up
at the meeting of council last night.
That was the time set apart for this ac-
ton. but the intentions of the couneilmen
were unexpectedly and rudely broken in
upon. The meeting was held, but The
commissioners were no nearer being put
out of Office after it was over than they
were before.
II would not be expressing it too strong
Iy to say that the mayor and aldermen
were startled on receiving news of the IS
suance of a writ of prohibition by Judge
J. L. Sweat Of an adjoining judicial cir
cult. This writ had been secured by the
counsel of the commissioners, and serves
as an Injunction against council, condnu-
ing the impeachment proceedings until the
writ is given a hearing. This will be at
the December term Of the superior court
of Chatham county.
After a consultation of the attorneys for
the commission. Mr.. A. A. Lawrence went
before Judge Sweat. in the absence of
Judge Falligant, and petiuoned for the
writ.
The mayor was not aware of the writ
having been issued until about $50 o'clock
in the afternoon. A meeting Of several Of
the aldermen was then held and it was
decided that the meeting of the entire
board would not be called off. The news OF
the Injunction got abroad very quickly
and doubtless prevented many from at
tending the proceedings OF council II Wd9
anticipated that no trial would be begun
in Inc face of the restraining order.
There had been great interest MANIFEST
cd in the outcome of the proceedings anu
the initial sitting of council in judgment
upon the commission would nave uoupl-
less brought out a big crowd AS IL was
there were far more than the usual num-
whatever might come TO pass. AIhoils
these could be seen a good sprinkling oil
ex-fremen. who had been discharged or
had gotten out of the department through
some disagreement with the management
In addition to these, there was not q lew
of those to whom the acton OF the coul-
ell in the matter of abiding by or lgnor'
ing the writ of Judge Sweat was no more
than an idle curiosity.
Mr. Lawrence was present as the repre-
sentative Of the commissioners, though
none of them could be seen.
After a caucus that lasted for quite
while the alderman entered the council
chamber. The announcement that they
were ready to enter caused furry of eX-
citement. and every eye was turned upon
the big folding doors. These were opened
and in came the board in the usual order.
When the chairs about the aldermamc
table had been taken the mayor stated
that the reading of the minutes of the
last meeting would be dispensed WITH as
q special purpose had called the board to-
gether After the disposal of some mis-
cellaneous business the mayor, without
preliminaries, entered upon the quesuot
in which the audience was displaying such
interest He read a statement that gave
in condensed and spicy manner the his
tory of the fight that has been brought
against the chief of the department, ana
later against the commission. There was
every evidence of the strictest attention
being given the reading of the paper The
mayor said:
Gentlemen: At 5:35 o'clock this after
noon l was served with a writ of prohi-
bition, issued on the nth inst, by Judge
Sweat of the Brunswick circuit.
The substantial averments in the petit
ton are that the mayor and aldermen OF
: the city of Savannah are moving to try
the commissioners with the intent of re-
averment is untrue, for the commissioners
would have received due courtesy and
have had fair trial There was no in
tent to remove them. If guilty of miscon-
duct in office, they should be removed; II
not guilty, they should be retained.
1t is further aVerred that council is
without jurisdiction. and even if it had
jurisdiction that the charges state no Of
tense which would subject the commits
eioners to removal
These averments raise questions of law,
and you have been advised by the city at
torney that you have jurisdiction. and that
the case made by the charges would jus
tify a removal if these charges were sus-
tanned by the evidence.
There is further averment to the effect
that by the removal of these commits
sioners the fire department would be Sc
riously demoraliZed and INSTRUCTED in a
proper service to said city, the property
owners thereof and the public. 1t is al
most needless to observe that If the COM
nnissioners were guilty of the charges
against them that the public service could
not suffer by their removal.
The matter stands thus: A respectful
communication from a committee of I'M
derwriters, addressed to the commission.
calling attention to the inefiiciency of the
fire chief, receiving no proper considera-
ton; Of an investigation by committee
of this body finding the fire chief guilty
of offenses which would demand his re-
moval; of an investigation by the com
nissioners of the said fire chief resulting
not only in his eXoneration, but in an eu-
logium upon his character and ability; of
q letter addressed TO the chief executive
of this city so discourteous to you as TO
require it's return; of charges preferred
against these commissioners, which, il
proven true, would authorize their remov-
al and of a writ of prohibition. issued upon
an eXparte statement and without notice
prohibiting you from discharsing your
duty, as you understand il. to the city
which you have sworn faithfully to serve
But this writ, whether prudenuy or i'm
prudently Issued, il is your duty to OBJ