The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-10-10
THEY WILL LIKELY STAY AWAY
FIRE COMMISSION NOT APT TO APP
PEAR BEFORE COUNCIL.

Lawrence Engaged by Them as
COunSeI-9Ir. Lawrence Intimntes
That They VIII Not Appear-Says
They Would Not Receive Their
Rights From COunciI-The Com
missioners VIII Take Their Case
! Before the COurts-WTI Refuse to
Vacate If Council Convicts.
! There is still an uncertainty about the
course which VIII be pursued by the fire
! commissioners, but from information OBJ
| tanned yesterday from various sources, it
is very probable that they will not appear
| before council at all.
| Judging from the facts which are at
/ present available the conclusion to be
/ reached is that the fire commissioners will
/ discard council altogether, taking up their
| fight in the courts, where they will yigor-
| ously contest every inch of ground.
The fire commissioners have maintained
a strict retlcence since the action taken
! at the last meeting Of council, claiming
that their success in gaining certain points
upon which their case mainly rested, de-
pended largely upon the Withholding Of
their plans from the public. at least until
!
relative TO the policy they will follow.
But the fact IS that, while there is the
| strongest probability that the fire com
missioners will not show up at council
meeting Tuesday night, no course is as
| yet definitely settled, either by the com
missioners themselves or their counsel
! AS legal advisers, Mr.. T. g. duBignon
and Mr.. A A. Lawrence have been re-
.
| have the full management of the contest
| through the courts. At present Mr.. du-
| Bignon is absent from the city in Atlanta,
| and his associate in the case, Mr.. Law
| renee, states that. in Difference to his
! colleague, he does not feel inclined to
! give an opinion concerning the course the
| commissioners will adopt.
However, 1 have no hesitancy in say
! ing that 1 do not believe the fire COM
| missioners can go before the meeting of
/ council Tuesday night with even the
| faintest hope Of a successful refutation
| of those charges, inasmuch as the mem
bers of council have their minds settled
| upon the issue" said Mr.. Lawrence. 1--WE
| do not expect to gain any of our rights
/ if the adjudication rests with council.
| The different members have expressed
| their opinions upon the streets. as well
| as by newspaper interviews, and, in view
of such a state of facts. we do not pro-
| pose TO contest the case with them un-
less merely for the purpose of getting it
| regularly into the courts"
will you advise the commissioners to
appear before council and defend them
selves against the charges?' Mr.. Law
renee was asked by the reporter.
LAS l have stated, the course we will
| advise will not be settled upon until Mr..
! duBignon arrives from Atlanta, and a
| consultation is had. Absolutely nothing
| is settled yet. Personally, however (
/ Of bot IL he
all advisable for the commissioners to ap-
| pear before council, in view of the fact
| that the charges are sure to be sustained,
! il the stand repeatedly taken by council
| toward the commissioners is to be con,
/ sidered Going upon this hypothesis
/ therefore, it is my opinion that the best
| course for the fire commissioners to take
! in the matter would be to just let cOun>
| ell proceed with the hearing ex parte, tho
/ commissioners remaining away, and then
! the matter will be ready for the courts af-
/ ter a decision has been reached by council
and the proper steps have been taken
/ to Gust the commissioners.
viii the fire commissioners refuse to
! vacate in the event council sustains the
charges, dismisses the present incum-
! bents, and appoints new set of commits
! sioners?" was further asked of Mr.. Law
| renee.
Most assuredly they will decline to va
| cate No matter what action council takes
upon the charges, the commissioners will
i take their case TO the courts. They will
! decline to Vacate their offices, which ac-
| ton will necessitate councils proceeding
| by writ of quo warranto to GUST them,
thereby taking the matter into the supe-
rior court. Where it is very conservative
to estimate that the litigation will remain
| for at least six months"
| The attention of Mr. Lawrence was here
| called TO the fact that it was commonly
tn 1oa
were found guilty of the charges and re-
| fused to vacate their offices upon being
| given due notice by council to do so, that
| council would then repeal the ordinance
appropriating funds for the operation of
| the fire department and GUST the commits
sioners by those TASTES.
IF council should repeal the appropriate
| ing ordnance" continued Mr. Lawrence,
before the courts have passed upon the
issues which viii be made, we shall pro-
coed by writ of mandamus to compel them
TO pass another appropriating ordinance
Council will surely not proceed against
the commissioners by attempting to cut
| off the revenue"
When asked as to what the issue would
| be in the superior court, Mr.. Lawrence
| stated that it would be upon the question
| of the right of council to impeach the fire
commissioners upon the kind of charges
| alleged. Even IL the charges were sus-
| tanned he said, they were not such as
would warrant a legal impeachment.
| Granting that the letter sent TO council by
| Chairman Grayson was couched in disre-
! spectfui or discourteous language he said
that would not be a grievance upon which
an impeachment could be legally predicat-
| ed
Chairman VIM. L. Grayson of the fire
| commissioners, at whom council directed
! a special charge. because of the letter ad-
| dressed to il by Mr.. Grayson just after the
| pOO1u1isci toner's had an0nittpd CHIEF
| Mcguire, was seen by a Morning News
| reporter and expressed himself as being
| altogether willing to pursue the course
mapped out by the commissioners coun-
sci, whether 1t be to appear before coun-
| ell or not.
He stated that it was his opinion that
| the sentiment of the city was with the
| fire commissioners. The present fire de-
| partment was universally admitted to be
| one of the very best in the south and was
| being carried on at a much less expense
| to the tax payers than at any time here
| tofore. He said that Chief Mcguire was