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