Dart v. Houston

• Decision Date: 30 June 1857
• Docket Number: No. 13.,13.
• Citation: Dart v. Houston, 22 Ga. 506 (Ga. 1857)
• Parties: Urbanus Dart, et al., plaintiffs in error. vs. James Houston, et al., defendants in error.
• Court: Georgia Supreme Court

22 Ga. 506

Urbanus Dart, et al., plaintiffs in error. vs. James Houston, et al., defendants in error.

No. 13.

Supreme Court of the State of Georgia

JUNE TERM, 1857.

In Equity from Glynn Superior Court. Decision on demurrer, by Judge Cochran, at April Term, 1857.

The following is the bill and exhibits filed by complainants in this cause, and to which defendants demurred.

Georgia, Glynn County.

To the Honorable Judge of the Superior Court of the Brunswick Circuit of the State of Georgia, having jurisdiction in Equity.

Humbly complaining, showeth unto your Honor, your Orators, James Houston, J. M. Tison, S. M, Burnett, S. M. Timmons and J. W. Moore, Trustees of Glynn County Academy, in the county of Glynn, and said State, chosen by the Grand Jury of said county, according to the provisions of the act of the Legislature of said State, dated February 18, A. D., 1854, who institute this bill of complaint in their said capacity as Trustees, as well as in behalf of the citizens of Glynn county;—that on the 18th day of February, A. D., 1854, the Legislature of said State passed an act, the title of which is in the words following, to-wit: "An act to alter and change the mode of appointing Trustees of Glynn County Academy, in the county of Glynn, and to compel their Treasurer to give bond and security for the faithful performance of his duty, and for other purposes therein named"—and that thefirst, seventh and eighth sections of which are in the words following, to-wit:

" Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Trustees of the Glynn County Academy, in the county of Glynn, shall be appointed by the grand jury of said county, at the first term of the Superior Court after the passage of this act, or at any term hereafter, by ballot or otherwise, as they may deem proper."

"Sec. 7. And be it further enacted, &c, That the present Trustees be, and they are hereby required, to turn over to the Trustees appointed under this act, all the books, buildings, papers, lands and money belonging to said academy fund."

"Sec. 8. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed."

And your orators further inform your Honor, that at the date of the passage of this act aforesaid, and for a long period afterwards, as your orators are informed and believe, Urbanus Dart, E. C. P. Dart, Alexander Scranton, Thomas Bourke, Henry Dubignon, Wm. A. Couper, H. F. Grant, D. H. B. Troup, Wm. Gignilliat and F. M. Scarlet, all of said county and State, were the acting members of the said old Board of Trustees of said academy, and that several of them were acting members of the grand jury the year then next ensuing, and that they used their influence over that body during said time, as your orators are informed and believe, to denounce and to resist the said law of the State and to prevent the grand jury of said county at either of the terras of said court for the year A. D., 1854, from electing said Trustees of said academy, and that principally in consequence thereof, no Trustees of said academy were chosen by said grand jury during said year of A. D., 1854, and theoperation of law of the State enacted for the benefit of the people of Glynn county was thereby defeated for that year. And your orators further inform your Honor, that at the April term A. D. 1855, of said Superior Court, for said county, the grand jury of said county, in accordance with the provisions of said act, did duly elect F. Mi Scarlett, H. F. Grant, W. A. Couper, Thomas Bourke, H. Dubignon, S. M. Timmons, S. M. Burnett, J. W. Moore, J. M. Tison and James Houston, Trustees of Glynn County Academy—that the five first named persons were five of the same persons above named as having been the acting members of the old Board aforesaid —that said H. F. Grant and W. A. Couper thereupon instantly declined to accept said office, and being members of said grand jury, and combining with said IT. Dart and three other members of said body, they assumed to pronounce, and in their capacity as grand jurors did pronounce said law of the State to be unconstitutional and void, and entered their protest upon the records of said grand jury to that effect-that said Thomas Bourke and 11. Dubignon declined to accept said office, or to discharge any of its duties—and that the said F. M. Scarlet having so far accepted said office as to attend the first meeting of the said newly elected Board of Trustees of said academy immediately thereafter resigned his said office. And your orators ask leave to annex a copy of the record of their said election by said grand jury, and of said protest, which is marked A.

And your orators further inform your Honor, that immediately after their said election, they duly met and duly organized their said Board by the choice of S. M. Burnett as Chairman, J. W. Moore as Secretary, and James Houston as Treasurer; and that thereupon they immediately took upon themselves the duties and responsibilities belonging to said Board, and proceeded to assume the discharge of the same; and that in pursuance thereof, they engaged a teacher for said academy; and on the 21st day of May A, D. 1855, as said Trustees, they took possession and control of the said acade-my building, situate in the village of Brunswick, in said county, and placed said teacher in the same, and opened a school therein under his and their immediate direction, for all the children of said county of Glynn, and have maintained said teacher and his successor and said school therein, from that date to the time of the filing of this bill of complaint and have paid the expenses of the same.

And your orators further inform your Honor, that the said act of February 18th, 1854, does not prescribe the number of which said newly elected Board shall consist; but, the grand jury have appointed ten persons, acting under the impression, as your orators believe, that the old Board aforesaid consisted of ten membors legally appointed thereto; your orators being desirous that their number should be increased to ten, if it would be legal so to do, and that the vacancies of those who had resigned, should be filled by men who would recognize their obligation as public officers, charged with the possession of a portion of the funds of the State, and to obey the laws of the State in reference thereto; they reported the number of their Board to the said grand jury of said court, at the last April term thereof, with other pertinent facts connected therewith Recording to the provisions of said act— but said U. Dart and Alexander Scranton, being members of said grand jury combined, together with others, to produce violence in said grand jury room—and to intimidate other members of said grand jury, and to resist said act of the Legislature, and the instructions of the presiding Judge, which they had sent for and obtained, in reference thereto, and finally to abandon said grand jury room, and to break up the session of said body before any definite action could be had upon that subject, as your orators are informed and believe.

And your orators further inform your Honor, that in the year A. D. 1796, the State of Georgia commenced to create a fund from the sales of the State lands, and from other resources of the State, to be used under the direction of such agents as the State might, from time to time, appoint, orcause to be appointed for that purpose, in supporting an academy or Seminery of learning, for the common use and benefit of all the people of the said county of Glynn; and that for the purpose of carrying into effect this design, and to bring home to all of the children of the county of Glynn, the means of education at the expense of the State, by an act of the Legislature of the State dated February 21st, A. D. 1796, George Purvis, Richard Pritchard, Moses Burnett, John Piles and John Burnett were appointed commissioners to lay out the town of Brunswick into lots, and to sell certain lots therein belonging to the State—and among other things the third section of the act required in the language following: that "the moneys arising from such sale shall be applied to the support of an academy or seminary of learning, in the county of Glynn." And by the act of February 13th, 1797, the commissioners aforesaid of Brunswick were authorized to sell five hundred acres of land belonging to the said State, and called the commons of Bruswick—"which moneys arising from the sale of said land shall be applied, under the direction of said commissioners of Brunswick, as follows, to wit: one moiety thereof to the use of the court house and jail, and the other to the use of the academy."

And your orators are informed and believe, that from these and other sources, the State of Georgia, furnished the funds necessary to establish, and did establish and maintain an academy for the use and benefit of the people of said county, called the Glynn County Academy, and which was superintended by officers of the State, called commissioners of the town of Brunswick, and appointed by the State for that purpose.

And your orators further inform your Honor, that on the 13th of December, A. D. 1813, by an act of the Legislature, William Page, Henry Dubignon, Gee Dupree, Leighton Wilson, and William Houston were appointed commissioners of the town and commons of Brunswick and of Glynn County Academy; "and were fully authorized to sue and be sued.and to do all things that may be necessary to recover such monies as may be due for rent or otherwise to the former commissioners of the aforesaid town and commons"—and thereafter by the terms of said act, only one quarter part of the rents of said commons were to be appropriated to the court house and jail of said county—and the number of commissioners as Trustees for said academy...