The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-11-20
THE CHARGES DISMISSED.
Fire Chief Mcguire Could Not BE
Tried by the Recorder.

IEleO Dy the hecOEueFs
The charges against Fire Chief Mcguire
| and Fireman L. j. Taylor of injuring pub
lie property by defacing the doors of the
city exchange were dismissed by Recorder
Hartridge yesterday morning. Attorney
A. A. Lawrence, representing the firemen
mentioned a few recent decisions to the
court and the recorder quietly dismissed
the charges.
A large crowd, which had gathered. ex-
pecting to hear warmly contested case,
with some spicy details. was very much
disappointed.
There was little other business before
the court and the cases against Mcguire
and Taylor were promptly called. Re
corder Hartridge announced the cases and
Clerk w. P. Bailey read the charges from
the docket. The. recorder ordered the list
Of witnesses called Mr.. Lawrence inter-
posed and said he had a motion which
he wished to make before the cases were
entered into. He moved that the defend
ants be discharged on the ground that the
court lacked jurisdiction because the Of
Tense specified had been created misde
meanor by act OF the legislature in 1895
and could, therefore, be tried only by the
state courts.
Mr.. Lawrence read section 1881 of the
city code, on which the charge is based,
prohibiting the injury or defacing of pub
lie buildings and also of private property.
He then quoted the legislative act referred
to, which has been embodied in section
12S of the penal code, making it INSIDE
meanor to deface or injure public build
ings. The ordinance Of the city was su
perseded by the state act, Mr. Lawrence
said, in so far as it relates to public
buildings, though the ordinance still holds
as 10 private property.
Mr.. Lawrence cited and laid especial
stress upon the decision of the supreme
court in the case of Strauss VS.. the city of
Waycross, where the plaintiff in error had
been tried and convicted by the mayor and
council on the charge of selling intoxicat-
ing drinks contrary to ordinance. The
supreme court decided that except in spe-
cial instances 1t is well settled in this state
that municipal corporations have no au-
thority to infiict punishment for acts in
dictable under the criminal laws of this
state.
As an example of a special instance, Mr.
Lawrence cited the Won Claim case
which occurred In Augusta, where the
plaintiff had been convicted of selling liq-
uor on Sunday. The supreme court de-
cided that the act created two offenses,
one in violation of the ordinance of the city
OF Augusta and the other of the statute of
the state, Mr.. Lawrence also referred to
other, decisions on the same order.
Recorder Hartridge promptly decided
that the offense with which Chief Ma
guire and Fireman Taylor were charged
was indictable and triable only in the state
courts and dismissed the cases.
Mr.. Lawrence had brought several law
books to the court room and Chief Ma
gure assisted him in carrying them out
to the latter's buggy. In doing so the
chief got hold of two of the city's books
which were lying on the same table The
mistake was noticed by the recorder and
Lieut. Reilly was sent out after the books
AT this disguised onlooker remarked:
Keep the books, Mcguire; they've got
| no more use for EN- here