Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1903-04-09
FIGHT IN FAVOR OF
THAT NEW BOARD,
Decision of Supreme Court
Rendered.
IT susTAINs NEW COMMISSION
Long Drawn Out Fight Between the
Two Police Boards Here May Be
Ended Now-Decision of Lower
Court Reversed.

The Supreme Court on yesterday re-
versed the decision of Judge Little
John IN the famous police commission
litigation on the ground that the court
erred in refusing the new police COM
missioners the right to file an informe s.
ton IN the nature of quo warranto
proceedings,
1t is we'll known that the legislature
passed an act at the last session, chang
ing the old police commission act by
electing the commission by the people,
instead of allowing the commissioners
to elect themselves.
When this act become law an cleo
ton was held which changed the per-
sonel of the board, but the old board
refused to surrender their Office. The
new board then filed ''quo warranto
proceedings" the only method by
which their right could be adiudicated
Judge LittIejohn decided the case in
favor of the old board
Exceptions were taken to his decision
and the case was carried to the Supreme
Court, which on yesterday resulted in
a reversal of the lower court.
| Messrs w. A. Dodson and James
Taylor, attorneys for the new board,
have not as yet seen the decision, and
do not know the legal grounds the
court based its JUDGMENT upon. It is
to be hoped that the legal questions
involved have all been settled.
This police question has been stub
bornly fought, both in the legislature
and in the courts, for more than a year.
A fight was made on the bill in the
Legislature, which was continued be-
fore the Governor. The contest was
then carried to the ballot box, and from
there to the courts.
The old board was ably represented
by Messrs L. J. BIalock and w. t
Lane.
If the contest ends with this last
judgement OF the supreme court it will
have been hard fought and we'll
earned victory for the new board of
police commissioners; Messrs. A. G.
Blvins, Fl. L. Mize and Lawson Sta
pleton, with Mayor Hawkins likewise
member by virtue of his office.
And citizens of Americus will earn
estly hope the contest ended.
Following is the text of the decision
as rendered:
400. StapIeton ct al, v Perry ct al.
Quo walranto. Before Judge Lit
tIejohn, Sumter superior court.
Gambler, il The act approved |
December Is, 1902 (Acts 1909, p. $3.50, |
entitled San act to amend section As |
of the charter of the city OF AmerIcus, |
approved November IA, 1889, so as to |
make the police commissioners of |
Americas elective by the people, to |
change the number of said commits |
sioners from five to four, and to make |
the mayor OF Americas a member aOf |
the boad of commissioners and the
chairman thereof, and for tother pur-
poses, is not unconstitutional as con-
tanning matter different from that ex.
pressed In it's title because in the body
of the act it is provided that there
shall be i've commissioners elected by
the people, and that the mayor of
Americus shall be ex-officio member
of the board and chairman thereof.
2. A provision in such an act that va
cancles shall be filed by the mayor and
council OF the city is germane to the
general purpose of the act as expressed
IN It's title, and the fact that such pro-
vision IS not specifically referred to in
the title does net render the act inva-
lid.
Judgment reversed.