The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-02-03
GRAND JURORS LAZY
APPOINTMENT OF EXPERTS METH
Err PROPER NOR NECESSARY.
SAY COUNTY COMMISSIONERS.
JURORS EQUALLY As COMPETENT
As THE EXPERTS, THEY SAY.

Ne Occasion for the Employment of
Messrs. Gaudry and Tyson-Mem-
hers or June Term Grand Jury
Are Charged with Avoiding the
Duty with which They Are
Charged by Law, In Answer Filed
by County Commissioners TO Suit
for Expert Accountants Fees for
Examining County Officers Books.
Alleging that the appointment of ex-
perts by the grand jury to examine
the books of the county officers was
y neither proper nor necessary but was
made for the sole purpose of saving
the grand jurors the time and trouble
incident to the performance of the du-
ties with which they were charged by
law, the commissioners of Chatham
county yesterday filed answer to the
suit for the recovery Of $500 which was
instituted against them in the City
Court by j. J. Gaudry and w. G. Ty-
son, experts who, under the direction
of a committee of the June term grand
Jury, examined the books of the county
officers.
Claims II Was Voluntary.
The examination was purely volun-
tary, the commissioners claim.
They deny that the appointment was
ever made, but say that if it was, it
was induced by a desire to get relief
from the duties placed upon them,
since the examination has always
heretofore been conducted by the
of men on this grand jury as compe-
tent of making the examination as
were the experts themselves.
There was ample time before the ad-
journment of the grand jury for it to
have examined the books since the
jury was empanelled and sworn on
June 2, and was not discharged until
Nov. %, alleges the answer. Further,
the jury was in session for
many parts of different days, upon a
large majority of which they only rem
dered service for an hour or two.
Doubt Their Authority.
The commissioners say that they de-
clined to pay the bill because they
were satisfied that there was no au-
thority under the constitution and
laws of Georgia for the pay
ment of county funds for such pur-
poses. They say that there is nothing
in the law requiring any citizen out
side of the grand jury even if APP
pointed, to examine the books, and,
therefore, the examination by the eX-
perts was voluntary.
1.-The law has placed the responsible
ity on the County Commissioners to
properly and legally disburse the funds
of the county, and they cannot pay out
any public money unless clearly au-
thorized by the statute. The petition
ers (Messrs. Gaudry and Tison), in
dealing with the grand jury, were
charged with notice of the extent of
its powers. Until the aw-making pow
er of the state shall provide compensa-
ton for a special service, the courts
have no power to do so, and no COM
pensation has been provided for the
service claimed to have been perform
ed by them"
Commissioners Answer Filed.
The answer, which was signed by
Commissioners Wylly, Paulsen and
Vetsburg, was filed by County Attor-
ney Cam. At the same time was filed
a demurrer to the suit. This demurrer
is an unusually long one, containing
many grounds upon which it is sought
to have the suit dismissed. Some of
contained in the answer, but there are
numerous interesting features to it.
The petition, it is alleged in the de-
murrer, is insufficient, indefinite and
informal, in that it fails to charge that
the June term of the court was adj
journed or that the grand jury was
discharged; that the service for which
payment Is sought is not alleged to
have been performed during vacation;
that it is not set out upon what au-
thority the grand jury of the June term
was authorized to employ them upon
the terms named, or why the County
Commissioners are chargeable there
for.
No Authority in Writing.
The appointment or employment by
the grand jury could only be in writ
ing, and no such writing is set out. the
demurrer further says; and further be-
cause the authority to have the books
examined is alone vested in the COM
missioners, and no compensation is
provided for by law for citizens APP
pointed by the grand jury to examine
county offices.
One of the principal grounds of de-
murrer is to the effect that the statute
under which the experts seek to re-
cover, even If it provides payment by
the county. is violative of the constitu-
ton of the state of Georgia, in that
taxes or disburse the public funds of
the county except for the purposes
enumerated in that para graph, and
within none of which purposes could
the payment sought to be enforced in
the case at bar be embraced.
Will be Tried This Term.
The case will come up for trial dur
ing the present term of the City Court,
which began yesterday. 1t has not yet
been assigned for trial, it having been
filed but two weeks ago. The assign
ment will be made next Monday, when
the appearance docket will be called in
the City Court. The principles in
volved in the case are tof first impor-
lance, the right of future grand juries
to employ experts to audit the county
officers books. and the liability of the
County Commissioners for payment
for services rendered, Ringing on the
determination of the case.
There is little doubt that the Su-
preme Court will eventually pass upon
the questions raised by the suit, since
both attorneys for the experts and for
the county are convinced of the cor
rectness of their respective positions in
the matter. The county is represented
by George T. Cam, and the expert ac-