Newspaper Page Text
THE CARROLL COUNTY TIMES.
VOL. XIV.
THE LAW’S DELAY.
Graphic Account of a Great Legs:
Contest.
Macon Telegraph.
Wc extract the following account
of a “field day” in the proceedings
of the American Bar Association
from the Albany Law Journal.—
The report on which the debate
arose admitted in candid terms the
monstrous evils of the law’s delays,
and its recommenda’tions on this
subject were adopted almost with
unan mity:
“The announcement of a live
topic of discussion drew a larger
attendance than usual to the cons
vention of the American Bar Asso
ciation last week at Saratoga. The
main battle was upon the report of
Messrs. Field and Dillon on ‘De
lays and Uncertainties in the Ad
ministration of Justice.’ We count
these distinguished gentlemen
among our friends, but really they
ought to be ashamed of themselves
for stirring up such strife among
brethren hitherto harmonies. It
was cruel thus to distract their
pious thoughts from Chief Justice
Marshall and the constitution,
and the good old times, and the
good old things, and remind them
of all these unpleasant facts of de
lay and uncetainty and extortion
and oppression and general discon
tent and growing disgust with law
and lawyers. It foil like a bomb
shell, and all hands tried to get
out of the way. Mr. Cortlandt
Parker, of New Jersey (the Yel
lowstone Park of common law
pleading, as Lord Coleridge called
it),piteously moved for a “discon
tinuance,” or at least for a “confin
ance” of a year. But that did not
work. The convention had to face
the music, and under the leadership
of the committee, and Mr. Willis,
of New York, a discussion was had
and a little the liveliest circus that
the grand old American Bar Asso
ciation ever witnessed. We can
hardly keep our faces straight from
laughing. But wc must. The oppo
sition said it was too bad to ask for
action right off, for they had only
a year’s notice, and this was the
most important topic ever brought
before the association. When, in
Heaven’s name was anything else
of importance ever brought before
except the subject
of the relief of the Supreme Court,
which they have been discussing
for three years? We never saw a
lawyer before who would confess
that he hadn’t an opinion, but hew
were forty without. Then arose a
wail from the District of Columbia,
from a prematurely aged young
man, who confessed that his soul
yearned for mpre “form,” because
it was so hard for him to tell by
what name his antagonist proposed
to call any particular action. Then
Pennsylvania chimed in—the State
where they talk about snr-re butters
ajid UAc all the ancient French and
Latin mines for writs —one
gentleman denouncing this “attack
on our alma mater, the common
law.” Alma mater, forsooth! Rath
er a mother that devours her chil
dren, and would long since nave
rendered this world unendurable
had it not been for the tender,
'“nursing mother,” Equity, Then
Mr. Parker cheerfully asserted
that there were no delays in New
Jersey! Well, Mr. Parker, like
Dr. Hammond, ought to take to
writing novels. Such an imagina
tion is wasted on the dry fields of
die law. But, to cap the climax,
when Mr. Field challenged any
one to mention a community which
having had a civil code had repealed
*t,aman from Florida hopped up and
specified his State—it hau adopted
and repealed the New York code,
and with a flourish declared that
he never, never would dare go back
to his “constitooents,” if it were
known that he had favored another
code. This excited a tempest of
■Applause from the opponents. But
when Mr. Field calmly explained
that that was merely n code of pro
evdrue,’and that Florida b-id ii-ever
had any general code of the law 4
die gentleman from Florida proba
bly wished himself down one of his
“constitooents” out he bank of some
Floridian river, but he could not
have felt half so cheap as those who
had betrayed their ignorance and
prejudice by applauding him. Some
men made sensible and moderate
I speeches on the same side, espec
j ial|y Mr. Bonney, who is by no
means an opponent of codification;
indeed, he wants Congress to codi
fy the law of negotiable instrnc*
structions, but he wanted delay.
On the other side Mr. Willis, of
New 1 ork, was active and adroit.
Mr. Eyre of California, Mr. Sem
mes, of Louisiana, and Mr. Hill, of
Geoigia, testified to the success of
codification in those States. Mr.
Hill s remarks were especially note
worthy, because few had known
that Georgia has had a code for
twenty years. Judge Dillon made
a few earnest and influential re
marks. But the weight of the dis
cussion of course, fell on Mr. Field,
who rose to a great occasion in his
grandest manner. The upshot of
the whole was this: The argument
in the r iport in favor of codification
could not be accepted, but all the
conclusions of'the report were
adopted, except the last, and it was
ordered that 5,000 copies of the
report should be printed and circu
lated. The last recommendation
was that “so far as possible common
law should be reduced to statutes.”
It was evident that there was a
majority of about ten in favor of
this, but the minority then cried for
mercy and an adjournment, and
Anally, on the earnest pleas of
Messrs. Lawton, of Georgia, Sher
man, of Illinois, and others, not
opponents of codification, that dis
position was made by a vote of
seventy six to eighteen" Then the
convention heaved an audible sigh
of relief—so happy they had not to
think of this bugbear for a whole
year. One expiring kick was made
in an attempt to order a recommit
ment, but it failed. Now let us
hope that in an other year the gen
tleman who need “light” will have
some opinions on a subject on which
it is a disgrace to any American
lawyer not to have a definite opin
ion, with a reason for it, one way or
other. Thus closed the leading
and most striking legal discussion
of the last thirty years. Thus was
received the ablest, the most impor
tant, the most interesting and most
conclusive legal essay presented to
the American people for thirty
years. The American bar and the
American people owe Mr. Field a
debt of gratitude. He should be
congratulated on the great measure
of success attained —greater than
he had any reason to hope. Mr. Bar
ker aptly spoke of the commonlaw
as “fossilized in our institutions.”
That is just it. Let us put these
fossils into the museum of the
Yellowstone Common Law Rlcad
ing Park, and appoint to guard
them all those eminent gentlemen
who have grown gray and rich by
pronouncing common law oracles,
and are afraid that law is to be
made certain, swift and cheap. But
so it is, gentlemen, and don’t you
forget it. This ghost will not. down.
FRANK JAMES WANTS PEACE.
The Retired Bandit Declines to
Become an Astor or Mu
seum Curiosity.
Atlanta Constitution.
Sy. Louis. August 30. Frank
James was found at the Ralston
faim. a few miles nor|tb of Inde
pendendence, Mo., by a reporter,
who went out there to see what
had become of the notorious ban
dit. Frank is no longer the hand
some, stalwart fellow of old, but is
in the last stages of cousumpU-Qll
- said that ho* was quite poor,
and lie did not know just how he
would get throng!) the long winter.
To the question concerning the
reports of hh adapting the stage as
a profession he said: “L’httt’s only
talk. I have received a bushel of
’letters from managers of first class
theaters, who wanted to get blocd
and-thunder plays written for me,
and from managers of dime mu
seums, who wanted to place me on
but I have paid no at
tention to °ff ers - Lin a little
too old to become aiAqF, apd I
1 don’t want to be made a
RROLLTON, GEORGIA, FRIDAY MORNING, SEPTEMBER 11, 1885.
°f- These managers all
offer me big money, but I
cannot listen them. I have
firmly made up my mind not to
go on the stage or into any museum
business. I have chosen farm life
and I’m going to stick to it through
all tiie rest of my days. I have
been before the public long enough,
and I don’t want &ny more of it. I
! had a lawyer speak to me once on
j this subject. He told me it would
Ibe a very profitable thing for me
to go on the stage; so I told him
that I would have a five act trage
dy written for both of us, if he
would agree to star in the play
and let me support him. Os course
he wouldn’t agree,”
“Do you propose at any time to
write an account of your life?”
“No sir. If I did it would be so
simple and tame that people would
not only be disappointed—they
wouldn’t believe it.”
“What do you mean?”
‘I mean so much has been writ
ten about the James Boys and their
so-called exploits that when I’d
come to make a plain, calm state
ment of how little we did and how
entirely lawful our acts were the
public would be surprised and
would say there was no truth in
my book.”
“Have you read an; of the
books published about the James
boys?”
“Not one. I have seen some of
them, and may have skimmed over
a page or two, but I have not read
one through. Still, I know they
are full of exaggerations and dis
tortions of the truth. They are
reproduced largely from the news
paper accounts ot us, and you know,
being in the newspaper business,
that no matter how truthful a cor
respondent may be he will be tempt
ed to put a little color on, to give
his article the sensational hue,
that the readers of a newspaper
want.”
Frank says he has no fear of the
Minnessota authorities claiming
him, for, as he puts it, they have
not a scintilla of evidence against
him. He says that having an
swered all the charges brought
against him in this state he is now
free tn remain here in peace, and
he proposes ending his day* on the
farm at Independence.
Howell and. Tom. Cobb.
Georgia never produced another
pair of brothers so different in tal
ents and tastes, temperament arid
temper as Howell and Tom Cobb.
Howell Cobb’s element was in
political strife and party politics
Tom Cobb was never so happy as
when in court before a jury. In>
tellectnally, both were great and
their lives were successful.
Tom Cobb’s mind was likp an
engine with a full head of steam op
all the time, ready to go off at any
moment. Howell Cobb was cool
and collected and had exccellent
control of himself.
Jn the fifties the writer attended
Walton Superior court, and saw
for the first time the two brothers
as opposing counsel. The vigorous
style and manner of Tom were
very noticeable. After he made
Ins argument before the jury,
Howell answered him. In sifting
the evidence and applying the
principles of law, Tom would now
and then interrupt him with side
remarks and comments, Howell
stood it as long as his good nature
would permit, and as Tom was sit
ting only two or three feet from
him, he put his hand on Tom's
head, patting it, and, in a pleasant
way said:
“Young man, you keep quiet;
you have had your say, mid I want
to have mine; now be still.’’
“Well,” said Tom, “go on, I
won’t interrupt you any more,"
i»nd he kept his word.
Judge Jarnos Jackson, now of the
Supreme court, was the presiding
Judge.
If you sow whiskev you reap
drunkards.—Sam Jones.
When a man measures out glory
for himself, he always heaps the
measure.
Make Home Happy.
It is not expensive, but rather
economical than otherwise to par
attention to our appearances. It is
the sloven who is generally the most
extravagant in dress. It requires
continually to be renewed. It may
take a little time to change the dress
and brush the hair \ncw befcie
taking tea,but it is profitably spent.
The woman or child who feels
worse dressed than those with
whom she associates, will feel awk
ward and behave with a self-con
sciousness which is painful to the
looker-on.
To make home beautiful, keep
only one eye on t Best of
all never look away off for happi
ness. Remember “’tis a plant that
only thrives by home cultivation.”
Never coax up future trials to be
borne at the present time,
but live your trials as you exert
your faith, a day at a time,
remembering that each day makes
you stronger and better aepuainted
with this grand old world. Now I
believe that a home on a farm is
capable of being made not only
eudurable but attractive, and it i 8
for the interest of all parties this
thing be done. You cannot afford
to grow narrow and cramped and
dwarfed like a tree that was trod
den upon when it was a suppling.
It is a common saying that upon
women alone depends the success
and happiness of home, but to this
Ido not agree. The father is also
the husband, the house band to
keep the family together. If he
be cross, surly, fault-finding, stingy,
careless in his person, slack in his
habits, dissolute in his conduct, his
wife cannot make their house the
home it would be were he a differ -
ent and more manly man. Woman
is a mighty lever for good or evil
and she should look to it that her
effort and influence is ever on the
side of right.
Home should be the dearest,
pleasantest place on earth tv every
one of us, and if we only begin
right stumbling blocks will be
pushed aside and we will see our
way clearer and broader as the
years go by.
We each have an influence over
those with whom we are associated.
Every action, every sentence ut
tered makes an impression upon
some mind. If it be that of an
innocent child whose character is
not yet formed the influence will
sink deep—will leave its mark.—
How often we make frivolous re
marks not thinking that they may
take root in some young heart; but
'tis a seed sown which if not up
rooted by butter influences, must
bring forth tears for the harvest.
Many of us may feel that our
humble lives cannot exert a very
wide influence. But even the in
valid who has not passed without
the home circle for years, may be
enduring patiently his sufferings,
can exert a strong influence there.
How sweet and powerful is the
influence which,pervades the home!
Each one wields an influence over
every other member of the house
hold. If the little ones return from
school with happy faces, how
quickly an answering gleam over
spreads the faces, round the hearth
stone. But if from some cause
they And the faces at home-clouded,
they miss the cheerful greeting,
and soon wp see tflp frown gather
ing where only a few moments
before happy smiles were flitting.
When the husband and father
who has been burdened with many
business caies during the day,
comes heme at eventide,
what a feeling of rest comes oyer
him as he sinks into an easy chair
drawn before a glowing fire by
thoughtful, loving hands, and sees
around him the smiling faces of
wife and children, dearer to him
than all the world. To a man re
ceiving such a welcome worldly
allurements are rarely tempting,—
From the Householder.
Show me the man who was a
soldier in the late war who says he
didn’t steal and I will show yon a
liar. —Sam Jones.
Ine man who makes assertions
like the above may stumble op the
prp th nr-some tildes. Editor.
FREE PASSES.
r
« Atlanta Constitution.
j 1 esterday the house, on motion
t of Mr. Lewis of Hancock, took np
> for consideration a bill by Mr.Lew
r is to make it unlawful for any
j member of the general assembly
> 01 judicial officer to receive, or any
railroad to grant to them directly
or indirectly, any free pass.
The bill had been adversely res
ported.
Mr. Lewis spoke on the bill, and
said it was not intended as any
reflection on this or any other leg
islatnre. The practice of accepting
passes is corrupting in its influence.
Some thing more is meant by the
roads than a mere act of ccurtcsy.
The pass system levies a tax of
£50,000 per annum on the roads.
Ihcy can’t afford to be taxed, you
say, on an equality with other citi
zens, and yet this tax is levied. If
there were no free passes there
would be as much tiaveling as now
or there would be less. If there
be as much traveling we arc taking
earnings from the road, and if
there would be less we would have
more members here to attend to
their business. The custom has
almost grown into a law, and the
railroads don’t dare to refuse these
passes. The roads should extend
more of their courtesies to employ
es if they can extend courtesies so
1 iberally.
Mr. Boyd, of Lumpkin, said it
was not a good custom. It was an
unjust discrimination against the
people of the state. As long as
the railroads give passes to the rep
resentatives, they will be looked
upon with suspicion. The tenden
cy is to corruption.
Mr. liar rison, of Quitman, said
he was chairman of the committee
that reported the bill adversely, but
he was not opposed to the bill. He
made no minority report but would
join in the request that the report
of the committee be disagreed tu.
He sympathized with the views
expressed by the gentleman from
Lumpkin, Mr. Boyd, that an unjust
discrimination was made against
the people. But he took a differ
ent view as to what the discrimina
tion consisted in. For his part he
thought free passes tended to absen
teeism. The system has cost the
state £25,000 since last November-
A bill is lost on account of a thin
house and a reconsideration is made
possible and exceedingly probable
and thus two days are wasted. On
Fridays, Saturdays and Mondays
the house is greatly hampered by
the absence of members. He didn’t
want any one to talk to him about
the pay of the members being in
sufficient. The office is taken with
a full understanding of the pay,
and if a man ain’t satisfied with it
ho ought to resign. He had carried
a free pass for ten or twelve
years,and he did it because the rest
did. lie did not refuse it because
he would, in doing so, have attract
ed more attention than by accept
ing the pass. He had been waiting
all along for the chance then pres
ented to express his views against
the system.
Mr. Turner, of Troup, spoke in
opposition to the free pass system.
He said the roads were actuated by
but one motive, and that was to
influence the minds of the members
in the discharge of their duties,
there is but one class of individuals
to whom the roads grant passes
without hope of reward, and that
is the ministers of the gospel. He
considered it wrong for a person
iiolding a public trust to put him
self under obligations to one whose
interests are to be passed on by him.
He would not say the minds of the
legislators were influenced by the
passes, but he would say it was the
intention of the roads to influence
the legislators by the tender of
such coutesieg,
Mr. Arnheirn of Dougherty,
spoke in favor of the bill and
against the free pass system. He
said he had been ready all the time
to give up his passes, but he didn’t
want to pose as a two dollar and a
half martyr, lie the at
mosphere ought to be cleared.
Mr. Brandt, of Richmond, said
the discussion reminded him of the
story of a trial where a man
couldn’t be convicted of hog steal
ing because the jury had received
a part of the meat. It seemed
strange that this legislature,is so
exceedingly anxious totake care of
the next legislature, which is to be
so very immoral. [Applause.]
Notwithstanding all the spread
eagle speeches that were being made
he failed to recall the name of a
member who voted against receiv
ing mileage for travel done on free
passes. There hud been no charg
es, but there had been insinuations
against the honesty cf these who
accepted free passes. The railroad
commission law, the most iniquiti
ous that could be devised, was
born under the free pass system.
Mr. Lewis of Hancock—ls you
had an important case in court,
what would you think of a judge
who would accept SSO from you
just before trying your case?
Mr. Barndt said it was not a par
allel case. To the pure all things
are pure. He thought strange
that such things should be said of
the courtesies extended by one gen
tieman to another. It is an insult
to the manhood of Georgia to
argue upon the floor of the house
that membeis could be influenced
by the acceptance of such courtesies
as free passes.
Mr. Harrison—l will vote with
you to abolish the railroad commis
sion.
Mr. Brant—A man who would
be influenced by a free pass could
be influenced by something else.
Mr. Milner of Gordon spoke in
favor of the bill . He said the
tendency was to retard business.
More work was demanded of the
legislature than it had done. He
opposes the system for the reason
that it retarded the business
of the body and caused
the members to visit their homes
when they otherwise would not do
so. They took up the time of the
people thereby when they ought
not to do so.
Butt, of Marion—Don’t you
think we would have done more
work if we had had less speaking?
Mr. Milner—l have not been
guilty of much speaking.
Mr. Butt—l mean no reflection
on you.
Milner—We have a right to
speak.
Mr. Russel] of Harris—Have
wc not a right also to accept pas
ses?
Mr. Millner-—As individuals
you have, but not as public ser
vants. If we did not have passes
we would get to work and save the
people’s money.
Mr. Maples, of Mitchell, stongly
opposed the bill. He said he did
not know any man had a right
to take his rights and privileges
away. If a man chooses to give a
free pass, it was his right to accept
it. If he wanted to give a man
a hundred bushels of corn or if he
wanted to give meal to a poor wid
ow or orphans, it was his right;
and the railroad, on the same basis,
should be allowed to give passes to
the legislators if they wanted to. Ho
said the attempt to thus take the
right of the people away was uncon
stitutional. He wanted deliver
ance from any such hill—vote it
down or let it be tabled. He wag
tired of that kind of legislation.
If you can take away the right of
the raih’ords to give the member
of the legislature passes you can,
on the same basis, take away the
right of a man to help the wdiow
and the orphan. Mr. Maples said
he was the friend of the poor man
and was trying to legislate for his
benefit.
In spite ot all the eloquence,
however, the report of the commit
tee was agreed to and the bill was
lost, 24 favoring its passage and 76
being against it.
When a man’s pocketbook out
grows his honesty, it is time to call
the police.
A man who gets drunk will steal
if lie is not too much afraid u* the
jail.—Sam Jones.
BROSPfggi 1
fj BS IM |fjH| |
I
iffl I [l] 10
u BEST TONIC. ?
Thia medicine, combining Iron with pure
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I mpsrs Blood, Mai aria, ( hills aad Favara,
and Nearalaia.
It is an un&ilmg romedy for Disease* of tbs
Kidneys and Uver.
it is invaluable for Diseases peetikar to
Woman, and all who lead sedentary liven.
It does not injure the teeth, cause haZdaobe ar
produce constipation— lron '"th™ de.
It enriches and purifies the blood, Mlmalatea
the appetite, aids the assimilation of food, re
lieve* Heartburn and Bekhing, and strength
ens the muscles and nerves.
For Intermittent Fevers Lassitude, Lack of
Energy. Ac., it has no equal.
**■ The genuine has above trade mark and
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' >Mhbj mow., cnsaiCAi co.. assTtaona,
PROFESSIONAL AND LAW CAttBL
W. 0. ADAMSON,
Atto’ncy at Xisrocr
CARROLLTOX, - - - OA.
Promptly transacts all business confided La
him.
Holding the office of Judge of the ’City Ceert
does not interfere with his practice in other
court*. 5-ts.
f ’ s. e/grow;
ATTORNEY -AT- LAW.
AND REAL ESTATE AGENT.
MONEY loans negotiated on improved farms la
Carroll, Heard, and Haralson counties, at
reasonable rates.
Titles to lauds examined and abstracts fit 8
Dished.
Offiice upstairs in the'eourt house,
SStf Carrollton, Ga.
J. W. JONES,
Attorney jat
JOEL, - - GA.,
14-17-ly.
A. J. CAMP,
Attorney a,t XsUxtcf,
VILLA RICA GA.
WM. c. IIODNETT,
ATTORNEY-AT-LAW,
FILL A RICA, - - - - G£OXOIA
over Dr. Slaughter’!
Drug store. Prompt attention giv
on to all business intrusted to him.
W. L. FITTS,
Flbysician. <£? £tajfcc>oii
CARROLLTON, - '
Will, at all times, be found at Bitts' dreg
store, unless professionally ? ’ 88-ts
W. F. BROWN,
attorney At naw,
CARROLLTON. - - GEORGIA.
C. P. GORDON
ATTORNEY-AT-LAW,
CARROLLTON, GEORGIA.
W. W, & G, W, MERRELL,
Atto’noys atLaw,
CARROLLTON, - - GA.
Records and land titles examined. Win
collect claims, large or small. Especial at
tention given to the business of managing
estate by Executors, Administrators, Gar
dians &c and other business before the Or
dinary. Will practice in all the superiar
courts ot the Coweta circuit, and always at
tend at Haralson court. JPill practice any
where and in any court where clients may’ -,
require their services:
DR. D. F. KNOTT
Is permanently located in Car
rollton and tenders his
PROFESSIONAL SERVICES
to the citizens of Carrollton an 4
vicinity.
Office, Johnson’s Drug Store.
Residence, Seminary streef.l-tf.
BARGAIN
IN
AN ORGAN.
" e have foi sale,land can sell for less than fae
tory prices, an ESTEY A CAMP organ, 8 stew
knee swells, height, 5 feet 11 inches ; width, 4 feat
2 J? ches ’ de P th , 2 feet; weight, boxed, 350 lbs.
This organ is unexcelled for purity of tone, da
rability, and beauty, and is fully warranted so
five years, Apply at once to J. B. BEALL.
DR. D,W,r> ORSETT
PHYSICIAN AND SURGEON
TEMPLE, GIA.
Having permanently located at Temple 1 offer
I feßßlo . na . l sendees to the citizens of Ca7
, d adjOlD P g J . COUDtles - Social attention t«
Obstetrics and diseases of women. Office at
Campbe.l & Bell s store. All calls promptly aa
fmmnight calls answered
from B. J» McCain 8 residence. 2
" L —— JESSES
Wrights Indian Vegetable Piui
FOB TUB
LIVER
And all Bilious Complaint*
Saie to take, being purely vegetable • nn
log- hnce2sct 3 . y ZrisS^S ,r *’
ggp freeT'
SELF-CURE
toe* ja«nAoo«t,
43 plal n sealed en vefope/Vea.
Addr *** PR ‘ WARD & co -> 1 m 2.
NO 37.