The Savannah morning news., 1902-07-20
LAW MIGHT NOT HOLD
CITY COURT MIGHT STRIKE sNAG
ON SCORE OF JURISDICTION.
IF CASES TRIED ON U. S. SOIL.
PARTIES To SUIT WOULD HAVE TO
WAIVE OBJECTIONS.

Hon. w. G.. Charlton, Member of
Committee That Sought PERMITS
sion for City Court to Use United
States Court Room in GOvernm ent
Building, on After Thought,
Questions the Validity of Decis-
ions That Might BE Handed Down
by the Former Court, If Sitting on
Government SOiI-PIeasant Custom
That Formerly Prevailed at the
Custom House-TempOrary Room
for City Court Not Yet Secured.
A temporary court room for the City
Court of Savannah has not yet been
secured. Judge Emory Speer of the
United States District Court, turned
down a request made by a committee
appointed by Judge Thomas NJ. Nor
wood for the use of the United States
Court Room. and this has left only
the hope that the old United States
Court room in the Custom House may
be secured Judge Speer did not grant
the use of his court room because he
said he had no authority to do so.
Walter G. Charlton. Esq, was a
member of the committee that sought
permission from Judge Speer. Mr..
Charlton said that, on after. thought,
he questioned the right of a state court
to sit in a building belonging to the
United States, and he thinks it may
have been we'll enough that the consent
of Judge Speer could not be secured.
A Question of Jurisdiction.
state courts" said Mr.. Charlton,
have no jurisdiction on government
property In my opinion, the City
Court would be just as effective, in so
far as it's decisions were concerned,
sitting in South Carolina as in the
government building. The authority
of the state does not extend to govern
ment property. Should a crime be
committed in the government building
it would be punishable by the United
States Court.
Parties to cases in the City Court
if it were held in the government
building, would have to waive all OBJ
Jections and agree to trial being held
| on government soil. This might op-
crate without disadvantage and it
might not. l should want some ex-
plicit understanding from my oppos-
such a case"
Former Court of Appeal"
This recalled to Mr.. Charlton's mind.
as he is a historian and a recognized
authority, an old custom that pre-
vailed in Savannah in the days when
the Code Duello was still court
of appeal in affairs of honor. The
| basement of the Custom House on Bay
| street, by usage and common consent,
| was then made the place for posting
| all denunciatory and derogatory state
| ments regarding the character of ones
enemy The man posting another had
to take his stand by what he had
| posted and maintain it against all
corners. If one essayed to tear down
the card, he did so at his peril, for
he who had posted it was by with
cane or cowhide, and the use of either
was sure to follow, resulting later in
an appeal to deadly weapons.
A Matter of History.
At that time there was no law of
| the United States, Mr.. Charlton said
! against assault and battery. That
| was why the Custom House wall be-
| came the place for posting such bills
Elsewhere assault and battery could
| be punished in the state courts, and
| it was of those courts that people
| then stood in the greatest lear. me
| states rights doctrines were so COM
monty held to that the courts of the
sovereign state were regarded with
greater respect than the Federal
| courts.
Efforts have been afoot to secure the
old United States court room in the
Custom House, the county treasurer
having the matter up with Collector of
Customs Deveaux. 1t may be that
this place will be secured. 1t was ex-
pected that repairs upon the City Court
room would commence this week. The
Custom House. however. being govern
ment property would offer the objec-
ton that Mr.. Charlton raised to the
use of the new building, so that if a
temporary location is secured in the
Custom House, the consent of parties
to suits for their trial will have to be
gained.