The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-08-07
HAS NO JURISDICTION
CITY SAYS UNITED STATES COURT
CAN'T TRY PAVING CASES.
NO QUESTIONS AT ISSUE.
THAT GIVE 1T THE RIGHT TO DE-
TERMINE THE QUESTION.

Flea to the Jurisdiction Filed in
United States Circuit Court, by De-
PENDANT I'm Case of George w.
Owens and others Against the
Mayor and Aldermen of the City
of Savnnnah-Ordin to Pave
CASTOR street With Vitrifed Brick
Does Not Violate Federal Constitu-
tiOn-Jurisdictional Amount Not iu
Issue Between the Parties.
The validity of the ordinance of
Council providing for the paving of
CASTOR street with vitrified brick will
not be fought in the United States
without both a protest and prelimi-
nary skirmish. The protest was filed
in the office of the clerk of the United
States Circuit Court, where the suit is
pending, yesterday morning.
1t came in the shape of a plea to the
Jurisdiction of the court, in which the
court is asked to dismiss the petition
of the CASTOR street property owners,
as being founded on no jurisdictional
grounds which entitle the Federal
courts to take cognizance of it. The
case is the we'll known one of George
w. Owens and others, all property own
ers on CASTOR street, against the May
or and Aldermen of the city of Savan-
nah.
1t will be remembered that the city
has passed an ordinance providing for
the paving of CASTOR street with vitri-
fled brick and that to the enforcement
of this ordinance a majority of the
owners of property along that promi-
nent residence thoroughfare are regis
tering very emphatic objections. They
have filed petition for injunction in
the United States Circuit Court, in
which it is alleged that the ordinance,
in its letter and spirit, is violative of
the constitution and laws of the United
States, in that it practically amounts
to an attempt to take private property
for public use without making due COM
pensation therefor. Judge Speer has
granted already a temporary restrain
ing order, by the terms of which the
city is directed to proceed no further
with the paving of CASTOR street, until
the further order of the court.
The plea to the jurisdiction of the
Federal courts was filed on behalf of
the city by the city attorney, Mr.. Sam
uel b. Adams. 1t alleges in the first
place that no attempt has been made
to violate or transgress the constitu-
ton, laws or treaties of the United
States, and that the ordinance, the en-
forcement of which the petitioners in
the case are fighting, is not unconsti-
tutional in any aspect, nor does it's in
depreciation or construction involve
any Federal question whatever.
1t is further alleged that the bill of
complaint makes out no case which
would entitle the federal courts to take
jurisdiction, as the, amount in con-
troversy, represented by any one of
the compliments, does not exceed, in
elusive of interest and costs, the sum
of So 900. IS
The plea of the city shows further
that the assessment complained of does
not exceed the sum of $780, and will
not in the case of any one of the COM
plainants, and that for this additional
reason the jurisdictional amount is
lacking and the United States courts
have no jurisdiction of nor right to
decide the pending controversy be-
tween the CASTOR street property own
ers and the city.
The city asks that its plea to the
jurisdiction be heard and determined
|
against the compliments. The plea is
verified, as to it's legal sufficiency by
the certificate of Mr.. Adams, and as
to the facts it alleges to be true. by
the affidavit of Acting Mayor James
M. Dixon.
The city has not yet filed an answer
to the merits of the complainants' pc
tition. The plea to the Jurisdiction
makes a preliminary question, which
will have to be determined, and deter
mined contrary to the contentious of
the city, before the main question can
be heard. If Judge Speer should decide
that the United States courts are with
out Jurisdiction, this would dispose of
the matter, so far as those courts are
concerned, permanently.
The property owners would then
have to make their fight in the state
courts, and as the Supreme Court of
the state has already and on several
occasions upheld the validity of such
paving ordinances as that which is
now being attacked. the property own
ers much prefer that the federal courts
should determine the questions at is
sue between them and the city.
INTO IT'S NEW QUARTERS.