The Savannah tribune. (Savannah [Ga.]) 1876-1960, June 25, 1887, Image 2

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TH SiTUIU WISH. PUBLISH ED E VEB YBATU RDA Y, B Y THE TRIBUNE PUBLISHING CO., ST- JULIAN STREET, N. E. CORNER MARKET RQUARE. Subscription Rates. (PAYABLE IN ADVANCE.) One Year, 11 25 Hix Montha, 75 Three Months,. 5o Sent to any person in the United States ■without extra charge. Remittances must be mmh by Postal Note, Money Order, Registered Letter, or Express. J. H. DEVEAUX, Manager. R. W. WHITE, Solicitor. OOP-Thls paper Is not responsible for. nor doesit necessarily endorse, the sentiments ex presses! in published communications. Let ters shoula be addressed to th.j TRIBUNE PUBLISHING COMPANY. BKOtSTEBKD AS SECOND-CLASS MATTER AT the Savannah Post Office. Agent* for the Tribune. The following are authorized to receive subscriptions for this paper : Rev. J H Adams, Thomasville, Ga. Rev. C P Johnson, Darien, Ga. SATURDAY, JUNE 25, 1887. FUTURE OF THE NEGRO. The future of the Negro seems to be one of those everlasting prob lems that is hard to solve, why. is this thus. We do not know Some is fearful that he is a failure as an enfranchised citizen, others that the race will soon be oblitera ted from the face of the globe upon what hypothesis dees these our “best friends” base their conclu sions is a matter of careful thought. For our selves .ve can see only a bright and hopeful future for the race if they can only man age to steer themselves clear of the base intricacies to which the human mind is subject to, and on ti e other hand to receive from the dominant race that recognition in the race of life that we are entitled to. With these considerations at hand, and with a review of their progress for the past 25 years. W e have noth ing to fear. The Negro is not dy ing out as is said by some, and if white men (to their shame) be more circumspect in their conduct of morality will not -oon be amalgamated cut of existenoe. The Negro is here and to stay, and will ever be a potent factor in the gen eral make up of our Government, and ft will be just as well for Dr. Corson and others to consider well whether the conclusions he arrived at, or not is a reliable one- The statistics of our country proves to the contrary, and these w’ild delu sions are absurd to say the least. Give the Negro the same chances of medical and hospital service along with the vast tide of immi gration of foreigners to this coun try. and then see where we stand. Prejudice plays a great part in arriving at these conclusions, which when banished from the mind gives great hope for the race. The Whipper Probate Case. At the last term of the Court of Common Plea®, Beaufort, S- C., the Whipper Probate case was heard and <vo clip from the Sea Island ?News of that city the following iproceedings which will be read with great interest by the many [friends of Gen. Whipper in this [city. JJThe Court at Chambers during Tues and Wednesday evenings, after the adjournment of the 6'essions heard ar guments On a motion to vacate the order of arrest in the case of Thomas C Scott, guardian, against W. J. Whip per as Probate Judge. J B Howe ap peared for the plaintiff Scott and S J gLee. Thos H Wheeler, Esq., and A II appeared for the defendant, IWhipper, Ou Tuesday evening the in the case were read and Thos : II Wheeler, Esq., opened the argument jfor the defendant, he was followed by mJ. B. Howe, Isq., for the plaintiff. S J jjLee; Esq., of Charleston, commenced ghis argument, but the matter was ad journed on account of the lateness of •jthe hour. On Wednesday evening ad ditional affidavits were filed on both sides touching matters already in evi dence and Mr. Lee resumed his argu- Innent at the conclusion of which Judge I Hudson took the papers and announced ■that he would as soon ns possible render i : his decision. On Friday he announced decision which is as follows: State of South Carolina) / In thhe Common County of Beaufort) Pleas. Solomon Frlpp, Simon Fripp.l Polly Frlpp, A Lavlnla Frlpp, | Infants; by Thomas (’. Scott, | Complaint Guardian ad litem- Plaintiffs, / to against I Recover W. J Whipper. as Probate | Money. Judge of Beaufort,—Deft. J Upon the complaint and affidavits in support of it, the defendant was arrested and after a brief imprisonment, gave bail. The matter came up before me on a motion to vacate the order of ar rest granted by clerk of this Court. From the pleadings and affidavits submitted on both sides, the following are the facts of the case; Last January, Thomas C. Scott was appointed guardian of the property of the plaintiffs by the Probate Court in and for Beaufort, and gave his bond with S. M. Wallace, and J. F. Hutch ings sureties thereon. The Guardian received into his possession $905.23, funds of the minors, and deposited the same for safe keeping with S. M. Wal lace, his ablest surety, and a good busi ness man. In the month of April last, the Guardian, Scott agreed to purchase of Robert Smalls a tract of laud as an investment for his wards; and applied to the Probate Judge, W J Whipper to approve the purchase, and this he seems to have done, but the proceed ings I have net befoie me and I am not informed that it was done in due form. The Probate Judge says that no formal application for investment was ever made. Hearing of this and not being satisfied with the matter, the sureties on Scott’s bond petitioned the Probate Courr to be relieved from the bond. The Guardian appeared before the Court, an accounting was had, the sureties and guardian attending, the funds in the hands of S M Wallace was delivered to the Probite Judge and the sureties were relieved from further liability. The guardian and Smalls desiring still to con-umite the purchase and sale of the land in behalf of the infant wards, Scott demanded of the Probate Judge the money surrendered by Wallace, but he refused to pay it over to Scott, It is alleged against that officer that he re fused io pay it over unless he was allow ed to retain out of it a debt of about two hundred and eighty-eight dollars due t > him personally by Robert Smalls. In hi® answer the Probate denies this. The Probate Judge refused to pay over money to Scott after his sureties were relea.ed from the bond, and deposited the s tine with one of the sureties on his official bond where the money now is, a certificate of said deposit being held by the Probate J udge. He alleges that he is ready to hear any regular applica tion for an investment of said money in behalf of said minors and is willing to approve and order the same to be made ou proof of its propriety. The guardianship of Scott has never been revoked but the regular bond of the cuardian is without sureties. Anoth r bond was given by Scotton April 18th, the day on which the sureties were dis charged from the first b md. But his last bond is only for five hundred dol lars /nd has a single surety —Robert Smalls, and was not intended to be a substitute for the first bond according to the statement of the Probate Judge, but merely as security for some addition al pension money recently accruing to the minors; The plaintiffs, however, contend, that it was taken and received as a new bond in substitution of the first one. Matters stood thus when the present action was commenced, not by the guar dian, Scott, to recover money, belong ing to his wards, and which was once in his possession but by the infants to re cover money belonging to them. Scott acting as guardian ad litem only. The plaintiffs, by order of the Clerk of this Court had the Judge of Probate arres ted and imprisoned until he was admit ted to bail. I regret to say, that so far, as I have been informed at this hearing the whole proceedings in the Probate Court, touching the release of sureties; the new bond, the proposed investment of the fund, and the deposit of the money, have been marked by irregularity and informality. Order might have been brought out of this dass by a different proceeding from the action begun by the infants, and I think other and dif ferent proceeding will yet have to be in stituted by them and their guardian to insure success. I feel sure that the order of arrest and bail was improvident ly granted. Perhaps under some cir cumstances, a Judge of Probate may be arrested and held to bail in an action to recover money withheld by him, but I will not say certainly that he can. The office is eminently judicial, is one of great dignitary and responsibility and of extreme, though limited jurisdiction. His office is always open fur the hear ing of causes and the transaction of business of vital impoHance to the com munity. In matters in which he acts judicially, his errors can be corrected only by appeal. If he is liable to arrest and imprisonment in action by minors and persons acting in fiduciary capacity atd by claimants generally, a tremend ous power is lodged in the hands of such creditors and claimants, and the tenure of his office liable to be rendered precarious. Certain it is that a clear case should be made out to justify his arrest, to say the least of it. In the present instance such a case doos not appear. Really. Scott, though still guardian of the plaintiffs is without regular sureties, and no money should be paid to him. It cannot be paid to any one else while Scott is guardian. He must either be jemoved or must give * new and well secured bond in a sufficient amount. He cannot pay to the plaintiffs, who are minors, nor can he pay to Scott, because his bonds is without sureties, and hence I cannot see the necessity of this action, nor the practical good of it. If Thomas C Scott will qualify himself to demand and receive tnis money, I see no obsta cle in his way to get possession of it. Until he is so qualified, or until some one else is so qualified the duty of the probate Judge, is to hold the fund or to have it invested upon a proper ap plication to that end. W J Whipper, as Probate Judge, admits that he has the money sued for on safe deposit, says that he is ready to pay to any one lawfully entitled to receive it, and denies that he has con verted or attempted to convert it to his own use. He denies all allegations of f raud and the weight of the sworu testi mony is in favor of his statements. Confusion will only be increased, and expenses accumulated by irregular pro ceedings to get this money. From a consideration of all the papers submit ted to me, and after weighing argument of counsel I am of the opinion that the order of arrest must be vacated, and it is so ordered. It is further ordered that an exoner ation be entered upon the Bail Bond aud the defendant be discharged from arrest. It is further ordered that all affidavits submitted for plaintiffs and defendant be filed with the records of the case and form a part thereof. At Chambers. [Signed] J. H. Hudson, May 26, 1887. Presiding Judge - NO Fl'N IN BEING Cfi? o o W <> o » TOO PREVIOUS, Or too anxious to contract a doctor’s bill, be fore they are seasonable. We will have the handsomest S pHng & Suumiw OF GEXrS I'OUTIIS' AND DOIS' SUITS AND FURNISHINGS Ever opened. Perfect flitting and LOWEST PRICES- If you really need Clothing, piece out the season from our remaining winter stock at YOUR OWN prices. Plenty of cold days left yet, and wl.at you cannot wear out this winter will prove good bargains to carry over for next winter. Have you tried our Silver & Gold Shirts ? Big inducements in winter Underwear, Neckwear. Sults and Furnishings. 161 Congress St. B.H. Levy 80. G. R. RUFFIN. Blacksmithing, wheelwright ing and horseshoeing, on Ander son street, opposite Bull. Re pairing &c., at the lowest rates. All work attended to in a prompt and satisfactory manner. George Euell, Wheelwright, Black smith Ilorseshoer; And general repairing prompt ly attended to on the shortest notice and at prices to defy com petition. Wheaton street near Bilbo’s canal. SAVANNAH, GEORGIA TRIBUNE I have a great many broken sets and odd lots of Crockery and Glass Ware, which I am selling very low to dispose of them. Now is the time to get goods cheap. Icecream Churns cheaper than ever before Water Coolers and everything else needed in a house at GEO. W. ALLENS 165 and 165 1-2 Broughton St. Central Railroad. Savannah, Ga., May 22. 1887. ON and after this date passenger trains will run as Dally unless marKed f, which are Daily except Sunday. The Standard time by which these trains run is 36 minutes slower than Savannah city time. No.L No. 3. No. 5. No. 7. Lv Savannah 7:ooam B:2opm s:lspm s:4opm Ar Guyton .- 6:4opm Ar Millen ... 9:4oam 11:03 pm 7:30 pm B:4spm Ar Augusta +l’4s|pm 7*15 am 9:35 pm Ar Macon .1:30 pm 3:20 am Ar Atlanta s:3opm 7:30 am Ar Columbus 5:50 pm Ar Montg’ry 7:09 pm Ar Eufaula 3:50 pm Ar Albany 2:45 pm Train No 9f leaves Savannah 2:00 p. m.; ar rives Guyton 3:00 p. m. Passengers for Sylvania, Wrightsville, Milledgeville and Eatonton should take 7:00 a m train. Passengers for Thomaston, Carrolton. Perry Fort Gaines, Talbotton Buena Vista, Blakely and Clayton should take 8:20 pm train. No. 2 No. 4 No. 6 No, 8 Lv Augusta 10:00pm 6:ooam Lv Macon. .10:35 am 10:50 pm Lv Atlanta 6:soam 6:50 pm Lv Col’mb’s6:2s pm Lv Montg’ry 7:25 pm 7:4oam Lv Eufaula. 10:18 pm 10:49 am Lv Albany. s:osam Lv Millen.. 2:28 pm 3:10 am 8:00am s:2oam Lv Guyton 4:03 pm 5:01 am 9:27 am 6:55am Ar Savan’h 5:00 pm 6:lsam 10:30am B:o6am Train No 10+ leave Guyton 3:10 pm; arrives Savannah 4:25 p. m. Sleeping cars on all night trains between Savannah and Augusta, Macon and Atlanta, also Macon and Columbus. Train No. 3, leaving Savannah at 8 20 p, m., will stop regularly at Guyton, but at no other point to put oft passengers between Savannah and Millen. Train No. 4 will stop on signal at stations be tween Millen and avannah to take on pas sengers for Savannah. Train No. 5 will stop on signal at stations between Savannah and Millen to tuke on passengers for Augusta or points on the Au gusta branch. Trains No. 6 will stop between Millen and Savannah to put oft’passengers from Augusta and points on Augusta branch. Connections at Savannah with Savannah, Florida and Western Railway for all points in Florida. Tickets for all points and sleeping car berths on sale at city office, No. 20 Bull street and depot office 30 minutes before departure of each train. G. A. WHITEHEAD, General Passenger Agent. J.C. Hk\V , Ticket Agent. so® IKE® Kt 11 i R. B. REPPARD. M. ALBERTSON. YELLOW PINE LUMBER FOR SALE AT holesale and Retail, Planed or Rough. REPPRD&O. East Broad and Taylor streets, in S F & XV Ry. yard. J.E. HAMLET DEALER IN Beef. Veal and Mutton, Fwllry, Vegetables asi Fruits of all kinds io Season. Also, Full Line of GROCERIES and FAMILY SUPPLIES, Cor. Habersham & Chari ton Sts ABRAM L. MONGIN, DEALER IN Groceries, Vegetables, Fruits, Confectionaries, Etc. CORNER DUFFY and BURROUG IIS STREETS. A fresh supply of articles always on haod at reasonable prices. The patron age of the public is respectfully solicit ed. ESTABLISHED 1857. The Old Reliable House of JAMES HART k BRO.. Wholesale and Retail Dealers in min ruin weiiiii, MW!, HES, lips, Mil! 1!I Mffl. At The Lowest Market Prices. 11 Jefferson and 186 St. Julian Street, SAVANNAH, GEORGIA. No. 210. MADAME SMITH, Tb (ukii ui SUr ta Mi. Those who wish to consult her unon u. affairs of life, in person or by mall, will member to call at No. 210 Bryan street w tween Montgomery and West Broad She been practicing this business for fifty V e»« She reveals the deepest secrets; unveils u ' future; gives successful lottery brings separated married couples and lov.k together; brings back absent frlendZ and recreant lovers: and causes speedy ami happy marriages. She has this gift from th. Almighty. She is acknowledged by all to u, the Queen and Star Fortune Tellik without'a Superior. Finn ISros. Family ta DEALERS IN Liquors, Tobacco and Cigars. Huntingdon & West Broad Sts. E. B. Flood, 160 Broughton Street, Keeps on hand the best, cheap est and most complete stock of Boots and Shoes, Call and see for yourselves and you will certainly be pleased and satisfied. PICTURE FRAMES. Ths cheapsstPlace to gstTow And all sizes of Frames made to or der, is at A. HELLER, Masonic Temple, Whitaker Street MARTIN HAAR, DEALER IN CHOICE FAMILY GROCERIES, WINES, LIQUORS, TOBACCO, CIGARS ETC. Corner State and Drayton Sts. WM. SCHEMING DEALER IN Fins Family Grocsries ip is de. Cor. Liberty and Drayton Streets. Savannah., Ga. Pratt’s Astral Oil—Safest and best. CHARLES BACKMAN, « v# f PFW’IrHrT *** Corner Congress &. Bull Streets. (Second Floor.) SAVANNAH, GEORGIA. Telephone Call No. 100, answered day or night. Extracting Teeth One De.la each, extracting Teeth and Artificial Teeth a specialty. Fine quality of Tooth Powder and Tooth Brushes for sale. GTTERMS CASH.