The Carroll County times. (Carrollton, Ga.) 1872-1948, September 11, 1885, Image 1

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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 vegetable tonics, quickly and completely ( urea Dyspepsia, Isdijrestlaa, WesUtsMM, 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 crossed red lines on wrapper. Take no other. ' >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.