The Savannah morning news., 1903-04-11
A MIDNIGHT MISSION
JUDGE BARROW WAS DISQUAL-
IFIED.
FLYING TRIP TO PINEoRA
WAS MADE IN ORDER TO OBTAIN
JUDGE sEABROOK's SIGNATURE.

When MIR. F. A. ExIey's Application
For Writ of CertiOra ri in the West
End Condemnation Proceedings
Came Up Last Night in Chambers,
Judge Barrow Found For the
First Time That He Was Disquali-
fed Because He Owned Land on
the Proposed ROute-COuId Not BE
Dissuaded From the Belief.
Although no cases were set for a
hearing in the courts yesterday, out
of Christian observance of the day.
a most important and unusual proceed
ing was held at the eleventh hour In
the chambers of Judge Barrow. After
exhaustive argument the court decided
that he was disqualified to pass a GER
tain order in the case, and it became
necessary for the applicants to catch
the night train for Pineora in order
to have Judge Seabrook sign the order
before midnight, the time allowed by
law elapsing at that hour.
The proceeding was the appeal of
Fletcher A. Exley from the decision
of the County Commissioners relative
to the condemnation of his property
for the opening of the proposed West
End route. Judge Barrow was I'M
der the impression that he held prop
erty which would be effected by the
opening of the new route and conse-
quently declared himself disqualified
and declined to sanction the appllca-
ton of r. r. Richards, Mr. Exley's
attorney, for a writ of certiorari.
The most peculiar phase of the stu
alton was that all parties to the case,
as we'll as their attorneys, believed
that Judge Barrow was mistaken and
that, as matter of fact, he does not
own any property abutting the
land to be condemned. Maps
galore were produced, but Judge
Barrow. while open to conviction,
could not be brought to believe that
he did not own property along the
proposed route. So sure was he Of
this that he had contemplated building
on two lots which he believed to be
his, which, as every one agreed, were
IN the line of the proposed new
route.
Was News to Him.
II am glad this question came up"
said the court, for l had not followed
the proceedings in the commissioners
court, and did not know until Tonight
where the route would be fixed 1 am
firm in my conviction that certain
property which | have held for over
six years under sheriff's deed, is stu
ated in the line of the proposed route
While l respect the contrary opinion of
you gentlemen, l am so sure that 1 am
right that l had contemplated con-
STTu6TInP rhnnCnC n hn o,.krr -,
the near future. If 1 am wrong, / will
be glad indeed to find it out, but under
the circumstances l must decline to
sign the order"
Mr.. Richards explained that he had
not anticipated any such contingency,
and that he had waited until the last
minute to file the application; since
there was so much work attached to
its preparation. He said that unless it
was signed by midnight, he would have
TO abandon the proceedings. He had,
he said, been working all day on the
matter, and was tired and unwelI, and
did not feel equal to making the trip
to Judge Seabrook's home. But Judge
Barrow said that he would not sane
ton the writ until his mind was dis
abused of the impression that he owned
the property he had in mind.
In PineOrn at Nidnight.
In pursuance to the decision and sug-
gestion of the court. Mr.. Exley took
the 10 o'clock train for Pineora, and
last night, shortly before midnight
went to the home of Judge Seabrook
in the country in Effingham county,
and had him affix the signature which
was so requisite.
Judge Barrow sanctioned the applica-
ton of Mrs. Maria Teresa Kirkland,
which was made at the same time. he
being sure that he was qualified in her
case, since the property is situated in
an entirely different locality.
Both proceedings are the outcome of
the decision of the County Commission
ers relative to the condemnation of
land for the West End route. A deter
mined fight was made in the commits
SlonerS court. The commissioners de-
clded at that time to proceed with the
condemnation, providing that before
the actual work was begun the prop
erty owners should be paid the amount
which they were found to be endam-
aged by the proceedings. There are
numerous legal points involved, and it
Is not at all unlikely that the ease will
find its way to the Supreme Court
The applications made to the court
are for the purpose of securing a ~e-
view of the finding of the commission
ers, in the Superior Court. Though it
is probable. that many nice sharp quill
lets of the law will be involved before
the matter is finally disposed of, it is
very improbable that another such ex-
igency, attended by so many peculiar
circumstances, will present itself.