The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-09-28
THINKS THE LAW MAY BE VOID.
CHAIRMAN DALE MAY OBJECT TO
ADVERTISING PREsENTMENTs.

The Chief of the County Commits
siOncrs Dissatisfied with the
Heavy Expenses of the Last Grand
Jury-Fears That Few People
Read Presentments Anyway--A Re-
cent Supreme Court Decision Re-
Garded as Affecting the COnstitu-
tIonaIity of the Law Providing for
Their Publication.
Chairman J. J. Dale of the County Com
missioners, is not at all satisfied with the
expenses attending the sessions of the
recent grand jury. The salary list of the
grand jurors was 81 80, and there are
other expenses which Commissioner Dale
thinks will run the total up to between
81 800 and 1890. AS chairman Of the COM
missioners entrusted with the disposal of
the eounty's funds Mr. Dale is looking
aekance al these figures and probably
premeditating an attack on some features
of them.
When the commissioners meet next
month and the bills are presented, some
remarks are apt to come from the COM
missioner on this subject. Exactly what
he will say is, of course, not known, but
he more than intimated yesterday that he
would call into question the paying of
some accounts, especially the bills for the
publication of the presentments, and base
his objections, If he adopts this course,
on decision to which the attention of
the board has been called by the county
attorney.
The probability at least is that the bills
will be referred TO the county attorney for
an opinion.
II do not know that we will pay them"
said Mr. Dale yesterday. Under the
opinion of Mr.. Saussy, based on a decis-
ion of the Supreme Court, il is believed
quite probable that the county is not liza
BILE for such expenses"
For many years it has been the custom
to publish the presentments, under direc-
ton of the grand jury and orders from
the judge. state law makes the county
pay for such publications on bill approx
ed by the judge. The oonstitutionality of
this law is what Is now likely to be called
into question. When County Attorney
Saussy was asked about the matter he
said:
THE matter is one to which directed
the attention of the commissioners In the
usual course of my duties as their legal
adviser. In 50 Georgia, on page 252, you
will find where a court held that a coun-
ty was not liable for the cost of publish
ing presentments ordered by the grand
jury, as there was no law requiring It,.
Subsequently, there was legislation de-
claring that presentments of the grand
jury, or such parts as might be recon-
mended for publication, should be publish
ed and reasonable amount paid for this
service of the public journals by the coun-
ty on an order or certificate from the
judge. The Supreme Court has never been
called upon to decide the validity of this
law. Last October, though, the Supreme
Court held that a county was not liable
for the cost of publishing the annual state
ment of the county treasurer, although
the code requires treasurers to submit re-
ports 10 the grand jury The court held
that the constitution Of Georgia forbids the
enactment of any law which requires such
publication to be paid for by the coun-
ty Taxes, ii held, could not be levied for
any such purpose. The question is, do pre-
sentiments come under the same general
principal. The only ground on which pre-
sentiments can be paid for is that they are
part Of the regular court expenses. How
the Supreme Court would rule on such 4
case l do not know. l merely, In the line
of my official duties, directed the attention
of the board who had referred present.
ment advertising bills 10 me, to the case ]
have referred to. On the bills referred to
me there was simply a technicahty of form
involved and tho constitutional principle
mentioned did not enter"
Chairman Dale did not hesitate to say
that in his opinion the publication of full
pIesentments was not of great value. Glow
many read them?' he asked.
The publication of presentments has beer
generally regarded as matter of sufficient
public interest to justify the expenditure
by the county. This is the first time that
the right Of the grand jury and judge to
direct their publication has ever beer
called into question, even remotely. The
last presentments, owing to the including
of the report Of the special committee in
vestigating Mr.. Kehoe's charges, filed sew
eral columns and the expense of publica-
ton was materially much heavier than us.
ual. The grand jury incorporated the report
in its preseniments, owing to the great in
terest aroused in the investigation and tht
desire of the public to know exactly whai
the findings of the committee were.