The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-17
w1I GO TO SUPREME COURT.
corRT INCUMBENTs WIN IN
'ii SUPERIOR COURT.


.-,oo FaIiigant's Decision Sustains
mo ConstitutiOnaIity of the Act
a.. petition for quo WarrantO
..,.dtngs Is Therefore Dismiss
,n,i,re FalIigant COmpIimente,f
-. attorneys on Both Sides for
a,,oir very Able Arguments in the
case.
49,. second round in the contest for the
~. o,,,rr Offices was won yesterday by
o'H ,eo,1y installed officers when Judge
won't cave his decision upholding the
nationality of the act under which
tSs.a officers were elected.
III, erat round was won when Judge
,,l.-.,o3 recognized the newly elected Of
s,lrs On the prima facie evidence afforded
-. their certificates of election. Judge
-..,.-,,t,s decision makes it necessary
-. cha contestants to carry their petition
ss supreme Court, which it was an
.,,,roed Yesterday would be done.
The hearing, which was continued from
e.-,rl,v afternoon, was resumed
- The Superior Court yester-
afternoon. Mr. Lawrence
a sIa5 an amendment to his original petition,
n .I,oirg that the statute under which the
resnordert was elected and holds his Of
q g. o.as unconstitutional for the addi-
4 .,.r,I reasons that it contains more than
4 an. subject matter, and because the re-
\ naval of an officer being a judicial func-
,toD the legislature had no authority I'M
dor anv constitutional provision to accom-
,lisb that purpose by shortening the petit
a toners term of Office.
Mr. Lawrence, in resuming his argu-
won't gave some time to the discussion
Of me- classification of officers, holding
n ttot his was dependent upon their duties
,r1 ror the authority that elected them.
Tho matter was generally so regarded by
courts and legislatures, he said.
"There is nothing in the constitution to
nravent the legislature from making the
magistrates of the city of Savannah cleo
tive by Council" said Mr.. Lawrence; but,
should this be done, it would not make
the MAGISTRATES city officers. They would
still remain state officers"
Mr.. Lawrence cited a number of decis-
ions in support of his posi-
ton including decisions in cases
before the Supreme Courts of
New York Missouri and California. where
the question as to whether officers elected
by the municipalities were county officers
was decided in the affirmative. The cities
OF San Francisco and st. Louis have been
enlarged to include all of the counties in
which they are situated and the munich
pal government performs the functions
OF the county government as well. 1t was
held by the Supreme Court of these states
that although the county had been alb
sorbed by the city and there was no sep
B arae county government, that the county
still existed as a subdivision of the state
Il and that officers elected by the municipal
ity when performing duties of state and
county officer, were state and county
officers, though elected and paid by the
city.
Mr. Adams, in closing the argument,
spoke about half an hour, discussing the
authorities cited by Mr. Lawrence and
their applicability to the case In con-
Guiding his argument Mr.. Adams said that
he admitted that there could not be two
subject matters in one act, and that there
could lot be anything in the body of an
e. act variant with its title without affect
Ing It's legality. but he held that the words
Inc act was sufficient 20 include anything
not specifically mentioned in the title. and
& IN any case he held that the clerk and
sner1 OF the court were city officers in
'le intent and meaning of the act and
were therefore, included in the title of
4 Ne act AS to the point raised by Mr.
lawrence IN his amendment that the term
u an incumbent could not be shortened
& vASep' Oy the abolition of his office, Mr.
AlainS said that there were numerous de-
,i'ions OF the Supreme Court to the con-
~"!' ny request of Judge Falligant, he
- baS.gu these authorities, and laid them
~, ps.O.e MN, thus satisfying the mind of
wy go1tt that such was the case.
nroro lsg fatllgant gave his decision very
oNpOy. While there may be merit in
'ne questions raised by the netitIon ,, ba
80 ana while | have listened with a
- 60 ueal OF pleasure to the Sery able ar
s 1t'Vn.s submitted by both sides. I do NOT
~ ~ ea'so upon in my capacity as Judge
IN Nv 9upvrlor Court to declare an act
,ts rs '9ldfure unconstitutional. unless
ma o'lS lutonality is clearly evident"
I'M 81 falHgant accordingly ruled
r.,ot .a'or Of the defendant and
tba lhe constitutionalty of
r4ttiooC This would enable the
iber neF' Judge Falligant said. to carry
Court $50 Immediately to the Supreme
1,s without loss of time
otUse failigant then ordered u,r;tto,,
ny 0vs s in due form, which. after stat-
etsto ~e case reads as follows: "In above
bat 0t f. Ease the court is of the oninion
cons3, act assailed is constitutional II
er 6I.5 and ordered that The denoprl
the net;, We ana the same is sustained. and
warr anon On Tor leave 20 file writ of ono
The r,o., ne and the same is dismissed"
Courf i p,r,y, viii be taken to the Supreme
hearira. ,,, lely, and it is expected thai
|Feek' ''"S VIII be secured some time next