The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-15

of the old court of oyer and termner
which was itself an outgrowth of the
Mayors court, and that the practice of
electing the officers of these courts by the
City Council had continued for nearly
century.
Referring 20 another point III the petit
ton Mr.. Adams said that it was not nee
essary for an act to refer TO or describe a
previous act which was repealed as the
result of the passage of the subsequent
act. There were numerous decisions of
the Supreme Court on this subject he
said. When 1T is the special intention of
an act to amend or repeal a previous act
the act to be so amended or repealed must
be distinctly described and set forth and
the Supreme Court has held this to be
the meaning of the section of the consti.
tuition referred to. 1t would be difficult to
pass any general law or any law dealing
generally with any subject. Mr.. Adams
said, if ii were required that all previous
acts repealed or affected in any way by
this legislation must be set forth and de-
seribed in the act.
Mr.. Adams said, in conclusion. that if
the court had any reasonable doubt as to
the cofStitutionality of the act and the
right of the officers elected under it to
hold office the benefit of the doubt must
be given TO the law.
Mr.. Lawrence, in replying to Mr.. Ad-
ans, cited several decisions of the Su-
preme Court bearing directly upon the
question of the constitutionaiity of an act
containing subject matter in the body of
the act, which is not mentioned in the
title, in each of which cases the court
had decided that the act was unconsti-
tutional and void Some of the cases al
luded to were where amendments Great
ing new crimes had been made to exist
ing acts, and the court had he'd that
these amendments were void for the rea-
son stated. In fact, the Supreme Court
Mr.. Lawrence said, had established the
proposition that, wherever in a statute,
there is matter variant from the title, the
act to that extent is void The title of the
act of 1898, Mr. Lawrence said limited the
action of Council TO the election of city
officers 1t did not specify all officers
elective by Council. If the clerk and
sheriff of the City Court were not city
officers, then the Council had no right
to elect them under this act. Mr. Law
renee held that a reasonable meaning
should be given to the provision of the
constitution under discussion. 1t was evil
IDENTIFY not put there merely to fill up
space The trainers of the constitution
and the members of the Supreme Court
could not have meant that where one law
directly repeats another that 1t was not
necessary to distinctly describe the act
so repealed in the repeating act. The act
in question had been passed for the spe-
cial purpose of operating upon two partic-
ular acts. and yet neither of these acts
had been described in the act referred TO-
Discussing the question as to whether
the clerk and sheriff of the court were
civ or county officers, Mr.. Lawrence said
that the character and classification OF
an officer could only be determined from
the duties which he performed and the
source from which he obtains his author
ity The City Court being in no sense
except in name, City Court, he held
that its officers were, therefore, state and
county officers. The City Court, he said,
was a part of the state judicial system
created by a special act of the Legislature
establishing the court, and has equal jur-
isdiction with the Superior Court, except
in certain special matters. 1t has no re-
lation to the city government, except that
offenders are turned over from the Police
Court to the City Court. The city pays
none of the expenses of the court and
the officers of the court do not serve the
city in any way. The city is frequently
a defendant in cases brought in the City
Court.
The law providing for the establishment
of the court made no provision for the of
ficers. These officers were incidental TO
the establishment OF the court, and the
tourt would not be complete without them,
Mr.. Lawrence laid much stress upon the
point that the duties performed by these
officers showed them to be county and not
city officers their duties being in every
respect similar to those performed by the
officers OF the Superior Court They are
under no obligation to the city. Mr. Law
renee also alluded to the fact that when
the effort was made to have all the ex-
penses of the court put upon the county
as is now the case, and the officers elect
ed by the County Commissioners, the
whole argument was that it was a coun-
ty and not a City Court.
Judge Falhgant announced that the
court would take a recess until O'Clock
tomorrow afternoon, when the hearing
will be resumed.