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THE ATHENS GEORGIAN: JUNE 5, 1877. Terms ot Subscription. 1NE COPY, One Year. ONE COPY, Six Months. — ONE COPY, Three Months...- ,$a oo . 1 oo 30 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 (ten lines, solid. Notices in local column, less than a square, 20 /cents a line. 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