The Savannah morning news., 1902-09-06
RULE FOR CONTEMPT
PRESENTED TO JUDGE BARROW,
WHO REFUSED TO SIGN 1T.
AGAINST MAYOR AND COUNCIL.
SHOULD NOT HAVE DEDICATED
EMMETT PARK TO PUBLIC, SAYS
MAI. CANN.


Judge Assured City Attorney That
No steps Would BE Taken in the
Matter Petition Was Prepared
and Presented by Mai. Cnnn Yes
terdny MOrning-He Declines TO Be
interviewed on the Subject-The
Ordinance That Brought About
the Attempt TO Have the Mayor
and Council Declared in Contempt.
Judge Harrow Declines to Talk.
A petition embodying an order re-
curing the Mayor and Aldermen to
show cause why they should not be
punished for contempt was presented
to Judge Barrow in the Superior Court
yesterday morning. Judge Barrow re-
fused to sign or approve the order and
the petition was withdrawn.
The application for the grant of
rule for contempt against the city gov
eminent and its official members was
made by Hon. j. Ferris Cam, repre-
senting the abutting property owners.
at whose instance the contemplated
Improvement of Emmett Park has been
temporarily restrained by Judge Bar
row. The request for the rule was
predicated upon the passage by Coun-
ell of the resolution of Wednesday
night. by which the plot of ground
popularity known as Emmett Park was
dedicated to the use of the public.
The city authorities were not alarmed
by the activity of counsel for the COM
plainants in the pending litigation. as
they had previously been assured that
Judge Barrow did not regard the pas
sage of the resolution as in any sense
contrary to his restraining order or in
contempt of court.
The City's Position.
The position of the city was fully
conveyed by statement made 10 the
Morning News yesterday by City At
torney S. B. Adams.
Mr. Cam mentioned to the Mayor
on Thursday" said Mr.. Adams, "as 1
afterwards learned from the Mayor,
that the passage of the resolution was
contrary TO the restraining order. A
conflict had not occurred to anyone
present at the meeting. No copy of
the order was on hand. and if the city
attorney had recollected anything in
the order which, in any way forbade
the passage of the resolution, It would
have been mentioned and the resolution
would not have been passed.
las soon as Mr.. Cam made this
statement to the Mayor, the latter
conferred with me. and said IL Coun-
ell had done anything contrary to the
order of the court he would at once
veto the resolution and do what he
could to rescind the action, as neither
he nor Council had consciously acted
contrary to the courts order
IT then looked at the order and tried
to see Judge Barrow to explain to him
the position of the Mayor and alder
men,. l did not find him. but left a
note explaining why 1 called. He sub
sequent1y communicated to me the
fact that there was nothing in the
resolution contrary to the order he
had granted or to his purpose in sign
ing it,
So, as stated. the city authorities
were not greatly annoyed. Maj. Cam,
however, vas not apprised of what
had passed between Judge Barrow and
Mr.. Adams and presented to the court
the petition asking for the grant of
rule for contempt.
Mai. Cam Mum.
Maj. Cam was seen yesterday after
noon by representative of the Morn
ing News and questioned relative to
the request for the issuance of the
rule against Council, but while not
denying or admitting that the rule had
been applied for, declined to say any
thing on the subject
Did you apply to the court to-day
for a rule for contempt against the
Nj oil 10
asked.
Il cannot say what will be done In
the matter" he replied.
did you not prepare a rule and
present it to the court?"
Maj. Cam only shook his head.
What do you mean by the shake of
| your head? Do you mean that you
did not prepare the rule, or that you
have nothing to say?"
II do not care to discuss it," he said.
Maj. Cam was asked If, in the morn
| ing, he had said that the matter was
| at rest so far as he was concerned.
| He replied that he had not.
| Judge Barrow was asked whether or
not a rule for contempt had been pre-
scented to him by Maj. Cam. He lie
| clined to answer.
The Objectionable Ordinance. =
The ordinance which was passed by
| council on w eQDeSday evening, Whlcn
Maj. Cam thinks was a violation Of
the restraining order formerly passed
:. by Judge Barrow. is as follows:
Resolved. by Mayor and Aldermen
! of the city of Savannah. in Council
assembled. That we recognize the right
of the public to resort to that tract of
land bounded on the north by Fac
tor street. on the east by East Broad,
and on the west by Lincoln street, for
air. recreation, and exercise. We con-
cede that the public have used this
park for such purposes for more than
fifty years and for that reason we
now declare that the same is now. and
has been for the past fifty years, a
| public park of this city"
| The restraining order passed by
! Judge Barrow, at the instance of Mai.
Cam, as attorney for the abutting
| property owners. enjoined the Mayor
and Aldermen from in any manner in
terfering with Emmett Park. or doing
anything which would change the
standing of the place.