The Savannah morning news., 1903-06-19
COUNTY SHOULD PAY
THE FEES OF GRAND JURY's EX-
PERT ACCOUNTANTS.
DECIDES JUDGE NORWOOD
IN OPINION EVERYTHING DEMUR-
RER IN GAUDRY-TYSON CASE.


Chatham. Asks the COurt-ShOuld
the People be Deprived of the
only Constituted Authority to
Make Inquiry as to Whnt Use IL
Made of Their Money, He Adds.
The Opinion "A Comprehensive and
an Interesting One.
In a sweeping opinion rendered by
Judge Norwood in the City Court yes
terday morning the right of the grand
Jury to tax the County Commission
ers with the cost incident to an eX-
animation of the books of the county
officers by expert accountants is up
held. and the general demurrer of the
county, together with the fourteen 9TH
or special demurrers, are overruled
and disallowed.
This decision means that the case
will now proceed to trial on its mer-
its and that the charge of the court
will. of necessity, be favorable to the
expert accountants, Messrs. Tyson and
Gaudry. who are seeking to recover
their fees from the County Commits
sioners for services rendered in the ex-
animation of the records of the coun-
ty officers. under direction of the June
term grand jury.
In rendering the decision Judge Nor
wood infers that the logical conclusion
of the propositions advanced by the
attorney for the County Commission
ers would be an autocratic govern
ment in Chatham county in which the
right to dismiss the guardians of the
peoples finances and abolish all of its
induisitorial and visitorial powers
would be established, and the doors
Of enquiry closed to the tax payer,
without a required statement of the
county's finances.
The decision of Judge Norwood in
the matter has been fraught with
much interest. The point had never
been raised before, although experts
have been employed by the various
counties in the state. The case was
argued some time ago before the
court, and Judge Norwood's decision
was held in reserve. The decision is,
in part, as follows:
The Case Reviewed.
The petition alleges that plaintiffs
were employed by the grand jury of
Chatham Superior Court, at the June
term, 1902, under Section S37 of the
penal Code, to examine the books of
the sheriff, tax collector, county treas
urer and County Commissioners of
Chatham county and to make a re-
port of their action to the grand
jury of the next or December term
of said court that they performed
that work, and thus reported; that
said grand jury agreed to pay $500
for said work; that said work was
worth that sum: that said grand jury
approved a bill for that sum; that the
judge of said Superior Court, on Dec
/, 1902 approved said bill and ordered
payment thereof; that it was duly
presented to the County Commits
sioners for payment. which was re-
fused. To this petition a general de-
murrer and fourteen special demur-
rers were filed.
Section S37 of the penal Code, under
which the grand jury acted, is as
follows: The grand jury may, when
they deem it necessary, appoint any
one or more citizens of the county
to inspect or examine, during Vaca-
tion the offices, papers, books, records,
accounts and vouchers of the Court of
Ordinary for county purposes clerk
of the Superior Court, county treas
urer, tax collector, tax receiver coun-
ty school commissioner, sheriff, and
all other county officers; and if any
county funds by virtue of their office,
or have in their possession funds be-
longing to the county, they shall ex-
hibit them to said committee, and ii
shall be the duty of the committee to
count the same, and to make a full
and complete report of the finances,
disbursements and conditions of the
several Offices to the grand jury at the
succeeding term of the Superior Court;
and should any of said officers fail
or refuse to exhibit to the committee
the funds on hand, or claimed by
them to be on hand, upon notice of
that fact to the judge of the Superior
Court by the committee, it shall be his
duty to compel the delivery of the
funds to the committee for the pur-
pose of counting the same, by manda-
mus, or attachment"
SIR. Cams Contentious.
The contention by Mr. Cam is, that
this general law is repealed or super
seeded by the following taken from the
statute creating the commissioners of
and for Chatham county, to-wit: That
the said commissioners, etc, shall
nave power and authority to exercise
exclusive jurisdiction in examining and
auditing the accounts of all officers
having the care, management, keeping.
collecting or disbursement of money
belonging to the county, or appropriate
ed for its use and benefit and in bring
ing them to a settlement
The first (Section S3O is a general
law covering every county and every
grand jury in the state. The second
quotation is part of a local law in and
Tor Chatham county only. The first
enacted in 1877, enlarges the powers of
the grand jury that We're given as far
back as 1929, and both the original and
charging acts were re-enacted by the
adoption of the Code of 1895 Thus
1t appears. that twice since 1873, when
the commissioners were created, the
Legislature has reviewed, considered
and approved these powers Of the grand
jury
The powers given to the grand Jury
by these several acts are of great i'm
portance. They are goVernmen- IL, nd
10 be exercised by not less shan eight
cen good and true men, men VINO. 10.
the time being. are a branch OF The
judiciary. Did the Legislature, by the
local Act Of 1873. intend to divext the
grand jury Of Chatham county Of this
authority. and confer il on 1he h. ard
OF I'VE commissioners? The covers con-
ferred on the commissioners are moi
spoken Of az those of the grant Jury
The grand jury is not mentioned I'm ths
act but once and that is. 20 put ths
commissioners In suborGination to ia,
grand jury. The language is. that the
acts Of the commissioners in levylna
faxes must first be approved by IN,
grand jury.
on the other hand. when the Legis.