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THE ATHENS GEORGIAN: JUNE 5, 1877.
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LIMA I, ADVERTISEMENTS.
Citation for Letters of Quardlanshlp........—.$5 00
Citation for Letters of Administration ............ 4 00
Application tor Letters of Dismission Admin*
istrator — 5 00
Appll'tion for Lett rs oi Dismission Guardian S S3
Application for Lear* to Sell Lands....-.....'-.. 8 00
Notice to Debtors and Creditors — -— J 00
Sales ot L-tnd, Ac., per si|nare..— • So
Sales Perishable Property, 10 days, per sq_ I 80
Estray Notices, SO days — * 00
SherltTSales, per square.... — -....- 2 80
Sheri If Mortaafo ft. U sales per square. 8 00
Tax Collector’s Sales, per square 5 00
foreclosure Mortgage, per square, each time. 1 00
'Exemption Notices (inadvance) .................. l 28
'Stale Nisi’s, per square, each time I 50
«HT The ah ive legal rates corrected by Ordinary
■ef Clarke county.
Ratvsi ot” Advortl»lnec.
Adrertisonnmts will he Inserted at ONE DOL-
f. \ liner square lor tlio first insertion, and FIFTY
CENTS perspiare for each continuance, for any
time under one month. For longer periods a lib
eral deduction will be made. A square equal to
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Notices in local column, less than a square, 20
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3lt|ens dbrpii.
H. II. CARLTON, - Editor.
The Grand Jury Presentments
We republish in this issue of our
paper the Grand Jury Presentments
of the recent adjourned term of our
Superior Court, that we may accom
pany them with suuh comments ns
justice to ourselves and the public
interest demands. Before entering
upon a review of this most extraor
dinary document, and we nse this
term in no . disrespect to the Grand
Jury, but simply as a legitimate crit
icism, it is proper for ns to state,
that being honored with the position
of representative of Clarke county
and ' disagreeing with the recom
mendations of these county officials
so far as embodied in their requests
to us as representative, - justice
them, to the people and to ourselves,
demands that we should present our
views in vindication of our position
as regards these matters of county
To Our Patrons*—The Weekly . government.
Georgian will hereafter be issued on j Recognizing as we do the tinques-
Fr’dav morning. This change is made ’ t tenable constitutional right of a con
st* as to ouahle our subscribers to re J stitnency, through their representa-
eeive the paper the last of the week, J tives, to petition government on all
matters pertaining to their interest
thereby
late news.
Hard on our People.
When we recollect what a motley
view composed the constitutional
convention of 1807, it certainly is a
great reflection upon the intelligence,
the wisdom,the h< nesty and the pa
triotism of the true people of «>nr
•"Stifle, to he told l»y some, that they
'are afraid to vole tor a convention
for tear we will not get good men as
delegates, or get any better constitu
tion. To all such, we would suggest
that they call the toll of the last con-
v.cfirion, .uni then withdraw the ob
ject l tot It for their own sake and for
.the pride and honor of their State.
Radicals Versus Democrats.
John L. Conley, a prominent Repub
lican leader of Atlanta, Ga., ami tiieiii-
her of the Republican State Central
commit tee,basis medapronuneiamento
to the Republicans of Georgia, calling
•upon them to rally to the polls on the
second 'i uewlay in J ur.c and polling a
full party vote against the constitu
tional convention; insure its defeat.
Democrats, what say you to this?
Are you ready ami prepared to order
things otherwise ? Or are you willing
for the Radical party to say whether
or not the true people of Georgia
shall hold a convention*tor the pur
pose of altering and amending their
organic law ?
A Motley Crew.
The convention framing our pres
ent constitution was composed as
follows, eightv-one foreigners, many
of whom had not been in the State
qnoru itikau two years, some not more
than (four <or five months. Seventy-
tKue natives, twenty-nine of whom
were negroes, slaves of former nias-
lers who being disfranchised, were
wot allowed a voice «n ttie framing
adoption, or rejection of a constitu
tion put. upon them by' foreigners,
cat pel-baggers, scalawags and ignor-
a .t negroes.
Ulilef Justice Warner, of the Su
(•reinc Court, has written a letter to
the Lagrange Reporter strongly en
dorsing the call for a Constitutional
Convention. He closes his letter as
follows: ’ ' -
•“The con vent ion had better be
called now when times are ban!
than in more prosjierous times, for
the reason that it will be more apt to
frame a constitution adapted to the
condition and circumstances of the
people. There are many amend
ments and alterations which in my
j idgment ought,to be made in the
present constitution, but as I do not
expect to have everything as I might
wish it to he, am willing to trust the
convention to frame such a constitu
tion as in their wisdom will promote
The pr sent and flit urc welfare mid
prosperity of the pvoplc of the State.
. To assume that the convention will
siot do this would lie to say that the
people of Georgia are not capable of
*elf-"overnmeul. Let the convention
the called and let the people see to it
that the best and most experienced
ftneu are sent to it. \ cty respectfully,
vour obedient servant,
IIiram Warner.
and not at variance with the consti
tutional laws of the land, which right
should never he impaired, and
regarding the Grand Jury in the
light of petitioners, still, the peculiar
and extraordinary circumstances at
tending the recommendations under
question, would, we think, justify our
declining to obey the requests of the
Grand Jury until a fairer and more
general expression on the part of the
people could he obtained in re
gard to these matters « f importance.
These recommendations contemplate
radical changes in our county govern
ment, upon which the people certainly
i have a right to be heard before they
are brought about.
What strikes us as a most extra
ordinary feature in these present
ments, and one which would at
lea-t justify further investigation
before these changes me sought
to be made, if not our utter disregard
of the i\ com.ii. t.dalions therein con
tained, is, that the Grand Jury starts
out with the statement that, “owing
to the short time at their disposal,
they have been unable to procure
full information u{k>ii many jMiints
touching coun’y affairs,” and yet, pro
ceed, in face of this fact, to recom
mend more changes in our county
government, and those too of a most
important or radical character, than
perhaps any Grand Jury which has
ever preceded them.
The first recommendation we will
notice, is that requesting us to have
repealed the act of the Legislature
creating the office of Solicitor to the
County Court. For this, the Grand
Jury fails to give any reason what
ever. Is it because of the incompc-
tency of the present incumbent ? If
so, why was it «ot so stated ? Why
did they not attack the officer,.mid
not the office? Is it because of the
expense of this office, and a desire on
the part of the Grand Jury to econo
mize in behalf of the county ? This
cannot lie, for in the first place, the
office does not cost the county one
single'cent; and if it did, as we under
stand the object of abolishing the
office, it is to allow the County Judge
to appoint a Solicitor for his court
whenever one is needed. Now,
this would seem the abolishing of the
present officer rather than the office,
and wOnld be economizing with' a
vengeance. It is hardly reasonable
to suppose that the present Solicitor
exercises the functions of his office
only when his services are needed.
Why then abolish an officer appointed
by the Governor, under the gnise of
abolishing the office, and give the
County Judge not only the power to
create the office, but to fill it accord
ing to his own liking. We fail to
see any justice, good sense or reason
in anv such course as this, nnd while
it is not our purpose to intimate
in this connection that the County
Judge would improperly use this
tore, the jurisdiction* of the County
Court has been increased tar beyond
what was contemplated in the origi
nal act creating these courts; per
mitting now the trial before the
County Judge of misdemeanors trans
ferred' from' IheSuperior Cotut, we
hold that this wonld be, according to
the organization -of all such judicial
tribunals, an imperfect court without
a Solicitor, as much so atrribiild be
the Superior Court without its Solici
tor General. In the absence of a
Solicitor, the County Judge, upon
the sworn afhdnvit of a complainant,
issues his warrant, upon which, the
party accused is arrested, nnd being
brought into court, the Judge draws
up an accusation, which is the same
to as a bill of indictment in the Snperior
Court, and then sets iu judgment
upon the sufficiency in law of bis own
paper. Again, in the absence of a
Solicitor, the Judge wonld called
upon to act as counsel for the State
in Ins own court or render judgment,
unassisted by argument of counsel
for the State. Thus, it will be seen
that a judicial tribunal so organized
as to place the presiding officer in the
double capacity of counsel and Judge
would bean exceedingly embarrassing
and unenviable position, subjecting
him at all times to the-severest criti
cism, to say nothing as to the jnsttee
of such an organization. .
This request in regard to abolishing
the office of County Solicitor was
made by the Grand Jury at^ ihe
August term of our SuperiotvConrt,
1S76, which, for the reasons,above
given, coupled with the filet that the
presentments stated, that the recom
mendation was based upon the report
of the County Judge touching the
County Solicitor, wo did not ijbey.
To sin the least, we are decidedly of
the opinion that it is iu had taste for
one county officer to recommend the
abolishing of another, and apprehen
sive that in such a case we might,
perchance, in onr legislative capacity
become accessory to a prejudicial
briefly upon their second recommen
dation, proposing ** to so amend the
act creating .the Comity Court for the
county of Clarke :rj to require the
Ordinary to try causes upon which
the County Judge is not qualified to
decide ; and that Judges of the
Comity Court be empowered to al -
temate wilh Judges of the contig
uous counties as is now done by
Judges of the Superior Court.”
Tliis recommendation, 1 for many
reasons is us remarkable as it is im
practicable. In the first place the
grand jury seems to hold up as the
leading idea or intention in their pre
sentments the great principle of
economy, and yet request us to have
the County Court law so amended ns
to create the Ordinary’s court an
other judicial tribunal for the trial of
misdemeanors or such other eases as
the County Judge may he disquali
fied to decide upon. Aside from the
exceeding impracticability of having
the general law governing Ordinaries
of the State so amended a- to make
an exceptionable case of the Ordinary
of this county, why should our tax
payers be called upon to bear the
expense of another judicial tribunal
when tor all purposes and for the
trial of all cases heretofore known t o
the courts, the present judiciary ar
rangement. of the State has been
considered amply sufficient, if not
already too extended ? We fail to
sec the wisdom, the justice, the econ
omy or the practicability of this rec
ommendation.
Again the grand jury recommend
** that Judges of t he County Court be
empowered to alternate with Judges
of the contiguous counties as is now
done by Judges of the (Superior
Banks.” This is perhaps the most im
portant, certainly the most extraordi
nary change in our county g6vernroent
that the people have ever been called
upon to consider. Who ever heard of
a. Bank acting as Treasurer for a
county ? Where else in tfm or any
other State has such a thing ever been
known ? It is director contrary to all
spirit of true, republican government.
Why should the funds of our county
be turned over to a monied corpora
tion for their trading, speculating and
banking purposes, and simply in con-
sideiation of its receiving and paying
out saitl funds without cost to the
county? This would be a direct cheat
upon the county to favor a, particular
or monied institution. For if the law
permitted such use of the coupty funds,
there are plenty of good and reliable
men who would be willing, yes, glad
of the opportunity, to give good, suffi
dent and acceptable liond and security
to disburse said funds and pay the
county an annual bonus of from two
hundred and fifty to five hundred dol
lars. But, to all person^ familiar with
the duties of County Treasurer, the
laws governing his office, and the funds
entrusted to his care, this is all mere' j Alabama, North Carolina, Arksut-
gamnton. Besides the great injustice j ^as, Mississippi, and' perhaps otlie
and impropriety of giving the county j; Southern States, forcing upon them
the exigencies of 1b«r case. Thus,
we see the motives which prompted
the rejection of the constitutional
laws which governed us in the
former better days of our sovereign
existence, iyid the adoption of the
Constitution of l$j8.’ Now, let us
see who 9pinpesed the Convention
framing this partisan Constitution.
The Convention- consisted of one
hundred and sixty delegates. The
roster shows eighty-one of these to
have been foreigner*, many of whom
had npt. been in the State more than
two years, some not more thnn four
or five months. The remaining sev
enty-nine were natives, twenty-nine
of whom were negroes, the slaves of
former masters who were now un
der the act of disfranchisement,
allowed no voice whatever in the
framing, adoption 0 r rejection ©f»
constitutional law for the government
of a country in every respect their
own. ,.
The same circmostances, the Same-
Radical necessities, and the same
partisan motives wlrcli characterized)
the adop'ion of onr present State
Constitution, obtafwd in the States
funds such a direction, for reasons
already given, it would be altoget er
impracticable. The ll*w in relation to
county frauds strictly inhibits any other
use thereof than that provided by law.
There « no law or pohot of law upon
which the Judges of the Superior
Courts so- carefully nnd so strictly
charges the Grand Juries as that gov
erning the County Treasurers and the
proper use and disbursement of the
funds entrusted to their official care.
Courts.’’ Iu answer to this request, tThen, this recommendation, which is
we need only call the at lent mu of the
jury as well as the people, to the fol
lowing fact, which, in our judgment,
not. only makes this recommendation
impracticable, hut raise a graveohjee-
lion to the County Courts as ajudiem-
ry system in onr State. The tact is
simply this; since ilie enactment of
proceeding, we declined, t<» c.ifry out : the --general law creation County
tho request of die Grand^ry. C$ijrt* tn oiir State. local few* govern-
Furthermore,- upon coitsultattujp'firith
number of the m(.-tubers of that
Grand Jury as well as the Comity
Judge himself, we were advised not
to proceed in accordance withMlie
recommendation of the Grand’Jury.
We do not wish to be understood,
however, as saying that the present
or recent request of the Grand Jury
is based upon a report or reootnnien-
dation of the County Judge. We
have no knowledge of such being the
case, and therefore, have no right so
to state. '*r •'
%
Wo have thus given our vieWs^at
length in regard to this whole matter
as a simple act of justice to ottrselvca,
since we hear it reported around
that we positively refused to obey
the recommendation of the Grand
Jury. If the people of Clarke county
think their interest will be best sub
served by abolishing the office of
Solicitor to the County Court,, and
will signify such a desire in the pnqier
way, we trill feel it ottr duty to Com
ply with their wish, even though
our convictions should be otherwise
But we are far from becoming acces
sory to that wliich might prove.detri
mental to justice nnd the best mtef-
ost of the people, without first giving
them a chance to be heard.
In conclusion, we would most respect*
fully-submit,-that since economy and
reform are the watchwords with our
people, instead of doing away with
an important and essential, as well
as uon-expensive jiart of the County
Court, that the Court itself be abol
ished. Onr reasons for this aru*th;-t
Comity Courts reaching far beyond
the purpose for which they .'were
created and furnisJimg such cdtive-
tiiencc for litigation as briugs iqucli
expense tt|»on the counties wjiich
they should not be oalled upon to
besir, they have become more u bur-
,den to the people and comities than
benefit. Let the business of the County
power, still, it would allow too great J Coarts be remanded to the Superior
a facility for the exercise of personal Courts and to the Justices of the
preferences and prejudices. But, j Peace in the various districts of the
aside from this view of the matter, j comities, and quite as much conve-
there are other more important con-] lienee with much less expense'will
siderations bearing upon this qncs- he the result.
tion.' Since, hv acts of the Legisla- We uow proceed to comment
ing these courts iu the respective
comities have been passed so altering
and amending the general law so far
as relates to them respectively, that
there are now scarcely any two
County Courts in tlie State which are
governed.by the same law. 'Fhis, it
is true, would not im]>nir the juris*
diction or law governing any County
Court in any one of the counties, it
mattering not who was ihe presiding
Judge, hut such want of similarity in
the laws establishing the jurisdiction
and conduct ofthese different courts,
would, beyond question so embarrass
the Jitdge as would not likely insure
the best results or surest justice from
him ns a presiding officer.
Concluding upon this point ,in the
grand jury presentments, we wonld
again submit, that if . such be the de
fects in the Comity Court system, as
to uiake.such radical changes neces
sary hi order that the ends.of justice
may be met, then it would he far
better, wiser, more economical and
practicable to abolish the County
Court and remand the business thereof,
to other judicial tribunals provide
under the law. We can see no pos
sible objection to returning to that
system, which ^yaa thought to be suffi
cient for our legal necessities during
the better days of our government,
aniTwe venture the assertion, with
out- tear of successful contradiction,
that if such was done, We would have
less reason to complain of onr ju
diciary organizations and the grand
juries less grounds for amendatory
recommendations, than under the
present system.
The uext and only remaining re-
coimneudation we .will notice in these
extraordinary amendatory present
ments, irt that relating to the County
Treasurer. Tho recommendation is
as follows: “ThirGrand Jury having
been creditably informed that one at
least of the Banks of Athens would
give bond and good personal security
to disburse all the county funds with
out any cost whatever to the county,
we call upon our representative to
have the proper and necessary acts
passed to authorize the disbursements
nothing more nor less than* providing
» loan of the county funds so a Bank
for the benefit of its banking interest,
» iu direct opposition to the L*w of the
State and could not he brought about
by legislative enactment. The office
of County Treasurer is the most im
portant and responsible office- in our
county government. Such is-the re
sponsibility attached t^greto, that no
officer is required to give so high a
bond, while the pay is .less than that
of many less responsible offices. In
our county, the bond is sixty thousand
dollars- or more, and the pay only
about six hundred dollars. This,
certainly, is small compensatuxn for an
office of such responsibility ns- to re
quire such a large bond, airtii as we
have a Treasurer whose past record
shows him not only acceptable- to the
people, but second to no officer in the
State in point of faithfulness and effi
ciency, we would suggest that Grand
Juries in future turn their economical
attention in a more needed and prac
tical direction.
The
Constitutional!
ven tion.
Con-
The time Is near at hatuA when th£
people of Georgia will be called upon
to determine whether or aot we shall
hold a Constitutional Convention.
Whether they will quietly consent to
accept that Constitntim which all
must admit furnishes the foundation
for most of the mils of which our
people now so justly eohiplain, or, by
hqlding a Convention, seek to better
onr condition. In- order to get a
proper conception of the Constitution'
under which we liarYe • been forced to
live since 1868, and its probable jus
tice and adaptability to the wants
and c:ndition of the true people of
Georgia, let its examine somewhat
into its origin and the circumstances
under which wo were forced toac.
cept it.
In 1867, when a large proportion
of the legal voters of our State, em
bracing in a great degree our best,
truest and wisest men, were disfran
chised Atidalktwdd no voioe whatever
in the government of their own State;
when we were, absolutely..^ader the
rule and domination of Radical bayo
nets, carpet-baggers, scalawags aud
ignorant negroes, who, being headed
by Bullock ami his unprincipled co
adjutors, and finding the then exist
ing Constitution insufficient for, and
in antagonism to,, their corrupt de
signs upon our people, detennined
constitutional laws equally as unjust
iwkI objectionable aw that under
which we now live. These States,
no* longer willing to bear the burden
imposed upon them l»y tdhsse foreign
to-the country, foreign tvs* all princi
ple-amd to the true and beat interest
of tflbe- people and States*which they
sought to govern, arose imtheir sov-
ereigiv power, threw off the yokc, and
are now happy and prospering under
fundamental -laws of their own adop
tion. Why should not Geongia, the
Banner Democratic State- of the
Union;, do likewise? Are wafraid
to exomrise our democratic power
and majjsrity in the assertion and
maintennoee of our own rights*? The
Radical (forty, through pronuncia-
mento issued by John L. Conley, of
Atlanta;. (Seorgia, one of its maiinlead
ers, is now Wing rallied for the propose
of defending the call for a Convolution.
Is this no4 proof positive of- all we
have saidl in relation to the piusent
ConstitutasMi? Is it not an evidence
of its peculiar and pnrtwulnr
acceptability and adaptability to
the radi’ffiii party by r.-asow of
its partisan features and provisions?
Then, dciwoerats, true sons of*Geor
gia, we- :ask yon, since the radicals
thus seek to continue over pn a
Constitutes*) of their own nuaking
ami for tineir own partisan purposes,
ami in which yon, as native sens of
our commonwealth, were in ;t* krgc-
degree allowed no part or pamri, are
you willing to submit ? W/e- think
not, bull on the contrary, sHnee the
republican party lias thus attempted
to make- the call for a Constitauional
Convenliion u party questiori* we be
lieve idie democrats of our State will
rally tw» t!»e polls on the lSUbof June
and show to the radicals, that the
true-sons of Georgia are determined
to be the rulers of their native State.
MADISON SIIERIFIf SALES.
W ILL BE SOLI) BEFORE. THE COURT
House door, in tho town/of DwueUville,
cu tbe first Tueitdoy in July, 5SI&, within the
l-wful hour* of sale, the following pn>]>erty, to-
wit s One promissory note on, Jwnn ftoott wr
one liwndrea and fifty dollars* one promissory
poke do 'JJ. F. Baker for forty-foar dollars,--on*
promissory note on J. H. CUieck for twelve
dollars. Abo, one house and fot in the town
If Danielsville containing two*, acres, more or
less, adjoining lots of P. ll\ Furtrersou, J.O.
Daniel, W. M. Smith nsd the Klbfftuu road-
Levied on as the property oS Dnvid K. Moseley
to satisfy a fi. a. issued Atom ths
Court of Madison county, at Muroh term, 18*7,
in favor of Johnson, Oreisa. ft Co., ye. David K.
by plaintiffs’ attorney,
in possession May 28th, 1817. ._
T. F. BAKER, Deputy Shenff..
juneo-30d.
to hold a Convention for the purposo
of the county funds by said Bauk or j of adopting an organic law suited to j
THE CAPITAL.
Published Weekly by
T1IE CAPITAL PUBLISHING COMPANY,
D Street, Washington D. <J.
BONN PIATT ..Editor
six
ad«
lCCaWiin oae cop* irec.
1 address, f85 in advance, with one copy free.
Notios.
The undersigned having rented the Hetnphili
shop, is prepared to do, ail kind of i>U<fin«dP
ing, making at d Wpainng wagons and
Hiving pr?er«vi the best of white »vcb«nic»,
he hopes to