The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-04-26
RUSSELL TO REMAIN CLERK.
SUPREME COURT HAS DECIDED THE
CASE IN HIS FAVOR.

Justice Lewis Handed Down the
Opinion in which He said the city
Court Law Was Not UncOnstitu-
uonaI-Two Justices Dissented,
Holding That the Title and Body
of the Bill Contained Different
subject Matters.
Atlanta, April 25.-The Supreme Court
to-day handed down its iong-delayed de
cision in the contest case over the clerk
ship of the City Court of Savannah.
The decision IS favorable to Russell, who
VIII continue to hold the office under the
opinion OF the court.
During the trial of the case the questions
asked by the court of counsel indicated
strongly that the lower court was to be
reversed. and this decision was expected.
The affirmation of the lower court VIII,
therefore, be somewhat in the nature OF a
surprise to the lawyers who argued the
case.
Great interest has been taken in the
case on account of the fact that it involves
the old political lines in Savannah, Form
er Clerk Collins having been ousted from
Office by the action of che Mayor ana
aldermen. who were of the opposite faction
in local politics.
The judgment of the court is not unan-
imous. however Chief Justice Simmons
and Justice Little dissent from the ma
FORTY of the court, and have filed an opin-
ION setting forth their views.
The Courts Opinion.
The following rs the head note of the
opinion, which is a very exhaustive one
covering many typewriter pages. Justice
Lewis being the author;
/ The legislature of this state mas the
constitutional power to pass an act short
ening the term of the Offices of clerk and
sheriff of the City Court of Savannah;
and the term of service of an incumbent OF
one of these offices may be thus brought 10
an end before the expiration of the time
for which such incumbent was originally
elected.
g. The act OF the legislature approved
Dec. 16 1898, entitled an act to fix the time
for the election of all city officers now
elected by the Council composed of the
Mayor and aldermen of the city of Savan-
nah, to provide for the term of such Off
GERS, to terminate the term of those now an
Office, and for other purposes, does not Vi
olate paragraph II. section Z, article 3 OF
the constitution of 1877 simply because II
does not distinctly describe or in any man
ner refer TO the act of Nov. %, 1895, upon
which the act of 1898 operates.
3. The title to the above mentioned act
of 1898 Is sufficiently comprehensive TO
embrace the provisions in the body thereof
relating to the clerk and sheriff of the
City Court of Savannah, and the body of
the act does not within the meaning of
paragraph s, section Z, article of the
constitution of 1873, contain matter differ
ent from what Is expressed in its title, nor
does it refer TO more than one subject mat
ter.
Ground of Their Dissent.
Chief Justice Simmons and Justice Lit
tie dissent on the ground that the clerk
and sheriff of the City Court of Savannah
are public functionaries whose duties re-
late exclusively to matters involved in
the administration of the general public
justice; that they are not required to per-
form any duties connected with the ad-
ministration of the municipal affairs of
the city of Savannah, and are therefore
not officers of that city; and consequently
that the act above referred to, in so far
as its provisions relate to the terms of
the office of the clerk and sheriff of the
City Court of Savannah, contains matter
different from that expressed in it's title
and is unconstitutional and void
The Supreme Court also handed down
a decision in the case of the Savannah
Shoe Factory VS.. Kaiser & Bro, from
Glynn, affirming the lower courts.