Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-01-25
APPEAL To Be
TAKEN |NF|CHT
ON C|TY COURT
Denied Order Stopping Judges
Salaries, Foes Look to the
Supreme Tribunal
SAY WAR HAS JUST BEGUN
Every Objection to New Court in
Petition Of McWilliams Was
0verruled.
SAY WAR HAS JUST BEGUN

Defeated in their first attack on the
nav Municipal Court, Attorneys Gobel
and Jackson, representing D. H. Nc
williams, announced Saturday night
that they would make immediate
nreparations to carry the contest into
the Supreme Court of Georgia.
I'VE have Just begun to fight" said
Attorney Jackson. I'VE still hold that
tho Municipal Court is unconstitu-
tional and believe we will establish
this principle in our arguments before
the Supreme Court"
Mr. Jackson at once set to work
upon the bill of exceptions he will
complete during the week and submit
10 the Clerk of the Supreme Court.
Injunction Denied.
Holding that the creation of the
Municipal Court by the Legislature in
1912 was not in violation of the Con-
stitution of Georgia, Judge Ellis, OF
the Superior Court, Saturday after
noon denied the application Of Nc
williams for an injunction to restrain
the members Of the County Commits
sion from paying the salaries Of the
iudges and other officials Of the new
tribunal.
Argument occupied the morning
and Part of the afternoon. Opposed
to Attorneys Gober and Jackson, rep
resenting the petitioner, were Attor-
ney Walter McElreath, author Of the
bill creating the court; County Attor-
ney L. z. Rosser, and Attorney Ed
gar watkins, president of the Atlanta
Bar Association.
The main contention Of the opposi-
ton to the recently established in
sttution Of Justice was that While its
Jurisdiction is confined to the city of
Atlanta, all the people of the county
are taxed for its expenses.
Creative Act Attacked.
County Attorney Rosser set up
against this the claim that as the
court practically is elf-sustaining,
none of the taxpayers are suffering
because of It's operation
All the allegations in the petition
FOR the restraining order were de-
MED by counsel for the court Off
cials
One Of the claims of Mr.. Mcwil-
fans was that the act creating the
court was unconstitutional for the
reason that it is violative of that sec
ton Of the Code of the State, g. part
Of the Constitution, which provides:
NO law or ordinance shall pass
which refers to more than one sub
tect-matter, or contains matter differ
ent from what is expressed in the
title thereof"
1t was claimed. too, that the court
was Illegal because in that section of
It established for that part of Atlanta
in DeKalb County the judges have
different powers and jurisdiction and
the court there is entirely independ-
ent of the Municipal Court of At
lanta. II was brought out that the
judges in the DeKalb section are not
required to have legal qualifications
10 hold their offices.
Salaries Declared Just.
The defense demurred on the
ground that no cause of action was
set up against any of the defendants
named in the petition, alleging that
no facts had been esta blished to jus
tify an Injunction. 1t was held, also,
mat the charge that the salaries of
me Judges and other officials are I'M
Just and illegal is not true.
All the attorneys favoring the ere
alton Of the court dwelt at length
upon the fact that the court will be,
II II is not already, self-sustaining.
II was pointed out that whenever a
case is filed in the court the party
hing it is required to furnish a cash
guarantee Of two dollars to provide
for the costs.
The salaries of the officials are set
out as follows:
One chief Judge, $4,000; four other
$500; four deputy marshals, $4,000;
one clerk, $2,4o0; one deputy clerk.
$500.