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JUDGE WARNER’S VIEWS.
EXTRACTS FROM A SPEECH DELIV
ERED ltY EX-CIIIEF JUSTICE HI
RAM WARNER, AT HIS HOME
IN*OREENVILLE, OA.
Fellow' Citizens: I lmve been
invited here to day to make a speech;
and as most of you know, I have n>t
been accustomed to making public
speeches fur the last several years. But
1 have, in the course of my time made
a great wauy speeches ef one sort or
another. I have made a grew many
in this house; and tho list polltieil
speech I have made was lure in ISO,
iu which I endeavored in my feeble
manner to persuade our people agains t
the folly and destructiveness of sepa.
rate state secession. In view of some
criticisms I have seen in the public
newspapers, perhaps t ought to pre
face my remark* by ggying,
"to# wwif4 M’s* 1 finiaf
To in public on tho slage.**
(Applause nud laughter.] But
(thank Providence for the extension
of my lease of life, and the preserva
tion ot my health and streugtlii) I
trut that l au not yet too old t ad
veeate good government for the peo
ple, and to expose and condemn bad
government. [Long and continued ap
plause.]
During the and iy of the Roman re
public there was a great eoatest for
political power between I’ompey and
Caesar, two military chieftains. Cice
ro, who was a civilian, was called
upon to audress the people, and he
commenced Isis speech by saying,
“Romans! you have beard a great
deal said about Ctesar; but you have
heard nothing said about Rome. ’
It is said that history repeats itself;
and In this, our day and time, we hear
a great deal said about Colquitt, we
hear a great deal said about Gordon;
we bear i jgreat <leal|saidabout Riqwu;
but we hair precious little slid about
Georgia.
I propose to-day to say something
about Georgia, and the material inter
ests of her citizens.
A nil! am not a cam! date for office,
and never expect to be, I shill not at
tempt lo make one <>f those “spread
eagle” speeches whieh candidates
sometimes indulge in, exciting the
passions and prejudices of their hear,
ers, full of sound and fury, signifying
nothing; but I shall endeavor to make
to you a p'ain, practical speech; in
such manner as may suit my own
convenience, and in a manner which
I trust you will bo able to understan I,
It will be my purpose to express some
ideas that occur to me, which may
make a lodgment in your minds.
You may take them home with you,
reflect upon them, and form your
own conclusions.
Before the war, the people of Geor
gia were a rich aud prosperous peo
ple. By the results of the war, mil
lions of capital that had been accumu
lating for generations were swept out
of existence, as perfectly as if they
had been sunk in tbe bottom of the
ocean. Whenever you take out of
any State or country millions of its
capital, upon which its credit is based,
it necessarily leaves the people mis
erably poor, disguUe it a# we may.
I know it is not a pleasant thing to
contemplate, I don’t like to contem
plate it myself; but It is best to look
stern facts in the face and to regulnt*
our conduct by them.
When a people are in that condi
tion, it Is a struggle for existence; and
when we contemplate the condition
in which our people were left, it Is
wonderful (hat they have done so
well as they have. Wheu a people
are left in that Impoverished condi
tion, It must be apparent to everybody
that tbe burdens ofgoveroment should
he made to bear as lightly upon them
aa possible, that no greater harden
should be imposed upon them than
absolutely neee-sary.
Few realize the facts as to the con
dition of our people. It is true, there
are some few men who have grown
ich since the war; but they are com
paratively few. It is that class of
men who bad some capital, and fur
nished provisions and supplies at big
rates of interest and high commiss
ions. That class of men seemed to
have prospered, to have grown rich;
Lilt they li&ve doDe so offo! the necesa
ties of the great body of the people.
The great body f the people are still
poor, and it will ce a long time before
they replace the capital which lias
been swept from under them.
There is one great fact that I wish
to Impress upon your minds, because
itisafaot to which your experience
will bear testimony, and it is this—
that since the war, when the people
are in their impoverished condition,
theamount of money and taxes that
have been lequired to-run their gov
ernment, Is larger—greater iu amount
than it was before the war, when the
people had plenty '.of property to be
taxed, and the means to pay it.
That fact cannot be disputed- The
aggregate amount required to run the
government since the war lias been gre
ter than It was before the war when the
people were rich and prosperous. The
experiencj ot every man will testify
to that. The aggregate amount of
your taxes has been larger since the
war than it was lufore the war, and
the question arises right there, why
is that so? That the fact is true can
not be disputed. There must be a
cause for it. Oor people have been
restive under it. There is no disguis
ing that fuct either. They felt there
was something wrong somewhere.
They pay their taxes. You see un
more of it after it goes out of your
hands. It is necessarily entrusted to
your agent to make the application of
it, and see tbailt Is proper y appro
priated. After you have entrusted It
to him you see no more of it; you have
paid it and it is gone.
It is true that large amounts of
money have been collected from out-
THE WASHINGTON GAZETTE.
VOL . XV.
side sources—collected from the gen
eral government, collected from Lack
taxes upon railroads under the act of
1874 and under the decisions of your
oourt. Large amounts have been paid
into the public treasury, but how
much ought to be there? That is the
great question—how much ought to
be there ?
As I remarked, it is claimed that
our people are prosperous. They have
received Jlurge amounts of money;
that money is in the tre saury. They
are told that the credit of the State
was never higher than it is now
that the State is prosperous,
that the present adminis
tration is prns|>erous, that everything
is lovely nud pro perous.
Well, that does very well to talk
about; but it is merely talk; and the.
only favor J ask of you is that when
you hear such repeated, and go home
after hearing it, you will hunt up
your tax receipts ami see whether the
taxes have I wen lessened —whether
the burdens have been diminished.
They will furnish the best reply to nil
that sort of argument. The one is talk,
'Hie other is the stubborn fact. That
is the highest and best evideuoo you
can have In reply to these general dec
larations.
Our, people, as I remarked, have
been restive under Ihis.State of tilings;
and two years ago they sent up to the
State capitol representatives. Many
of them were young men who had
grownup since the war, self-mile
men,energetic men who had been ac
customed to rely upon themselves,
and who had the confidence of their
constituents. Tnev Sent them to look
into these tilings.
They felt there wns something
wrotig, and they directed them to
make inquiries, and tlioy did com
mence to make inquiries.
They bftjan to investigate into tlin
departments of our government; ami
in tlie language of some member of a
committee, “the investigation showed
everything rotten in every depart
ment, except old man B irnett’s- and
everything was right there. ’•
The result of that inquiry ami in
vestigation was that two of your state
house officials were Impe.idled, and a
third would have been if he had not
resigned. They were put upon their
trial. One of them was convicted,
aud the other would have been if the
weight of the executive department of
the government had not been thrown
in fayor of his acquittal. There was a
majority of the senate who voted for
his conviction, but lie lacked the two
thirds the constitution required and he
was acquitted. He offered to pay back
a large sum Of money, if they would
not prosecute him; hut the coAiqilltee
thought it was not proper that lie
should buy Himself off tn that way.
If he had taken the public money,
lie should he prosecuted, and made an
example of, to deter others from doing
likewise; and they were rigid. But
since liis acquittal, I have never heard
ot his paying that money back, and I
don’t tldnk lie lias ever done it. He
offered to pay it back in order to avoid
the prosecution, hut when lie was ac
quitted lie kept tlie money. This is
one question I want to put to you to
day, and it is this: Did you approve
at that time of tlie investigation by
your representatives into the condi
tion of your affairs at the State capi
tol? Did you approve of it at that
time? I presume you did. Did you
think it was right then to investigate
into tlie affairs of your trustees, tlie
state-house officers, and to expose
fraud aud peculation ? I presume you
did. And if it was right then, it is
rigid now. You have no other pro
taction but through your representa
tives, and the investigation of those
matters.
You pay your taxes, and that is
tha last you see of them.
They go to headquarters under the
supervision and superintendence of
your trustees; and it is Jyour right,
through your representatives and is
their duty to look into their appropri
ation.. And if everything lias been
right,rand has been done right, the
closer the Investigation, the closer the
scrutiny, the more it will redound to
the credit of your officers. But if it Is
not right, if there has been fraud and
peculation, the sooner it is made
known and exposed, the bettef. And
It Is the part of the representatives of
the people to jierform that duty, and
they dul perform it. Are you going
back upon them in the performance of
that duty ? If you do, it will be poor
encouragement for any future Investi
gation into these affair* by your rep
resentatives.
llut,it.is said that all this Investiga
tion, all tills inquiry into frauds and
peculation, was done for the purpose
of persecuting the governor of your
stare- Ido not suppose that a single
member of the house of representa
tives had any such idea. They did it
they felt it to lie their duty. I
admit that it did (elect up m his ad
ministration. IF (fid that, and ought
to have reflected upon any administra
tion. Tbire was no disguising the
fact, mid he felt It.
But that they had any personal mo
tives, as far as he was concerned, I do
not believe.
There was til e governor; these
thing had been done right there under
his nose, in the same building where
he was, and in the departments
over which he had the superinten
dence: and it may be possible (and I
am charitable enough to say so) that
hedid not personally know anything
of tnose frauds and peculations, so far
as he was concerned. That may all lie
so, and out of charity,! will.assume
| that it was so. But it was his duty to
have known it. It was his duty to
have knowu what was going on right
under his nose, in the departments
there; and bo had the authority of the
law to require (hem to make reports
WASHINGTON, GA., FRIDAY, SEPTEMBER 24, 1880.
and to make examinations at auy
time lie might think proper to do so.
Do you remember the motto of the
State of Georgia—her coat of arms?
Yju see it upou Uie great seal of the
State; and you notice there that the
executive department is represented by
a little soldier with a drawn sword,
He stands there a reprssentative of tho
executive. That is emblematic of
tlie executive officer of the govern
ment; lie is put upon guard. He is
stationed there not only to guard tho
constitution, but to guard tlie people’s
treasury,
It is emblematic of his duty, and
is upon the eeurt of arms of your state
ami every seal that you see is im
pressed with it. It is no excuse to
say that ho did not know of these
things. He ought to have known of
them, lie was put upon guard and sta
tioned there to know of them; and
whjje lie may not personally have par
ticipated, (and I do uot say that he
did (I do say it was his duty to know
what was going on there, for the pro
tection of the people of the State. You
put him there for that purpose, you
paid him $4,000 a yoar to do that
thiug, and it is ilia business to do it,
to look after and protect your iuierest
while you arc here at liome pursuing
your daily vocations, digging your tax
money out of the earth, and sending it
up there to have it guarded, protected
and properly appropriated. 1I says
lie dul not know. He was hound to
know it was.liU duty to have known
u. .cjOOHOP,
And it is high time that men who
are entrusted with, public responsibili
ties and public office should under
stand that they have something to do
do besides sitting up there, crossing
their legs, iiesides travelling over
the country, seeking popularity and
drawing their salaries, doing nothing
They have something, to do,ami thelaw
ami the constitution require that they
should tie vigilant in doing it. You
have no other protection. You have
no oilier to look to but then* for pro
tection. These mal-praotices were
occurring iu your state-house, right,
there iu the same buildiug with the
executive ofllce, and although lie
might not have known it, it reflected
upon liis administration. It was nil
ill.ue iu tlie Interests of the people of
those representatives who represented
them. It was done iu your interests
aud uot for tho purpose of persecuting
anybody. So much then for (lie ac
tion of tile representative departments
of the government In persecuting the
executive.
1 come now to another branch of the
gov.erumcut. It is claimed that tlie
judicial department of tlie govern
ment lun also been persecuting too
governor; ami how did they persecute
liim ?
Well; it appears that in tlie regular
course of Judicial proceedings, a case
came before your supreme court, and
originated In this way:
A man by the name of Alston was
elected |iuh!ie printer; the statu nd
vunoed him $5,000 and instead of doing
any work for the State, he appropria
ted tlie money to his own use. Tho
Stale sued, him and liis securities to re
cover Die SS,IKK). Ilia securities filed
a plea, aud they pleaded that tlie
governor had received $15,000 which
belonged lo Alston and was paid to
bini; that lie had failed to deduct the
$5,1)00 which Alston owed tlie
State; Alston being insolvent, they
sxid tills was such neglect as discharged
them as securities under the luw;tliat
he ought to iiave retained the money
in liis own hands which Alston owed
to tlie State.
Well, there are two questions made
before the court, and they originated
upon this statement of facts. I have
liic record before me, and I think I
have a pretty distinct recollection of
it.
The State had collected a large
claim against the federal 'government.
In other words, congress had appro
priated iu favor of the State of Geor
gia, in satisfaction of a claim $198;.
O‘JH.SS.
Well tlie governor of the state went
on to Washington, and received a
check for that money. H e brought it
to Atlanta. He paid of that money,
$152,228,24 into the treasury. Tills
chock was made payable to him ns
governor of the State of fteorgiu. He
received U for the State of Georgia.
He was only the agent for the State
of Georgia. The money did not belong
to huu. He paid, as I remarked,
$152,228,24 into the treasury of the
State, but retained $4-5,800,33 In his
own hands that he did not pay Into
the treasury. What did hi do with
it ? He *ays that lie paid it to oertuln
lawyers, Alston, Oarlington and
anothers, as a fee! that they had a lien
upon that for their fee; that that mon
ey did not belong to the State, that It
belonged to these lawyers.
These are the facts. I am stating
facts. Well, tile case came before the
supreme court. The first questiou the
court had to decide was whether it
was the duty of the governor, iiaving
received the money ns the agent of the
State, made payable to him as the
governor of the State, to have paid the
whole amount of that draft into the
treasury of the State, as well as the
$152,000 that he did pay. Well the
supreme court decided that it .was his
duty to have paid i*. all into the treas
ury, the wholcas well ns a pait. On
paying a part, he and
they decided that it all
belonged to the State of Georgia.
That is what the supreme court deci
ded an important principle, not only
applicable to that case, but a great
many other cases that preceded it, or
have since succeeded it. ft applied to
the fee of SIO,OOO or 11,000 paid to
Tuggle, it applied to the money paid
to K'y, and various other attorneys
too numerous to mention, collected
under the pretence of rendering ser-
vice to tlie State. The governor paid
the money out of tlie treasury and
paid them without any appropriation
having been made therefor by the legis
lature, or investigation as to whether
those fees were reasonable or unreas
onable. Your supreme court decided
that tlie governor had no legal power
under tlie constitution or the laws to
do that; and they Intended to out up
the roots this pertiicio is practice of
making these contracts with lawyers
ami this tlirustiugjof hands inti the
treasury and taking out the money
without any appropriation made by
the people's representatives. Your
supremo court decided that
they hud no power or au
thority to do that and that they
settled a great principle ia favor of
the people of Geoigia and for the pro
tection of their interests.
Now the supremo oourt recognized
tnis fact, the governor was authorized
to make a contract witli attorneys to
represent the interest of ihe state, hut
while he had the power to do that, he
had no power conferred upon him by
tlie constitution or the laws to put ills
hand in tlie treasury and take out the
money to pay them. The representa
tives of the people had tho power to
see about that. But tlie governor lias
appealed from the decision to tlie peo
ple, and complained that the court
persecuted him, that they persecuted
him in making that decision.
Now you have tlie tacts. Let me
repeat them again, so we will know
just where we stand.
The governor received $193,028.58.
lie paid into the treasury $152,228,24,
and lie retained in his own hands $45,
891.34, and paid it to tlioso lawyers.
Now there is no dispute about these
(Ucts, These are tlie facts just ns they
exist and just us they appear in tlie
record which 1 have before me. Well,
now I wisii to give the governor’s
version of it, tlie version given under
his own hand. He had been asserting
it over the country before lie wrote
this letter. I read what liejaays under
his own hand in the Constitution. He
says:
“Tlie position Unit by law tne
whole amount should liave gone into
the treasury is untenable.” That is
what the court decided—that lie should
have jiald the whole amount ii the
treasury. He says tlmt is untenable.
“There is no such law, tlie law require
nothing to go into tlie treasury but
the money belonging 1° Ihe State. No
law requires tbit the twenty live
per cent belonging t> tin attorneys
should lie paid into tlie treasury,”
—assuming you understand that it
belonged to them—“on the contrary
the law gives tlie attorneys a lieu
upon the money until their ices are
paid. The governor received a diet,A
payable to his order with the consent
of the attorneys, which include 1 tho
twenty-fiye pur eeut, belonging to
ttiem and the seventy-five per cent
b lunging tn the Bute, and In
lie discharge of a plain legal duty, lie
paid to tbe attorneys the amount
which belonged to them and paid into
the treasury the amount whieh be
longed to the state.” That ii his state
ment; ami lie and the supsrior court
are directly at issue.
Now his whole argument Is bused
upon Mils idea, that this $45,801.31 be
longed to these lawyers, that it did not
belong to tbe State at ail; because, lie
said, they bad a legul lie i upm it, it
belonged to them,Ußiit he paid into
the treasury wli it balongel to the
State, and lie paid to them what be
longed them. Well, the question is,
did it belong to thorn V That Is the
question. He says it did; the supreme
court says it did not.
Well,now you are not lawyers many
of you, but you have some common
sense and ull good law is founded on
reason and common sense. You have
common sense enough to know that a
man Individually way make a con
tract with a lawyer, and may agree to
pay him a certain amount for Ills ser
vices in collecting money or anything
else. When tlic lawyer collects
that money, ho has a lion upon its
against that Individual whose mouey
It is. because it comes oat of his pock
et, it is bis money, It belongs to no
one else; and he can create a lien upon
his own money. But how is It when
a man is a trustee and undertakes to
create a Hen upon the property of oth
ers ? That is a eat of a different color
en tircly.
A trustee cannot make a contract to
bind the trust property unless he has
express authority of law. It is not prop
erty. And this money was not tne
money of the governor; it
was the money of the people of
the State. He has no right to make a
contract creating a lien u|ion ii; the
law conferred no such authority upou
him; he had no right to bind their
property, or create a lien upon their
money.
Now you can *ee how these tilings
would work,lf the law was as the gov
ernor contends.
Governor Smith made a oontract
with those parllee before Governor
Colquitt came into othce. There is
dispute between them as to whether
the full amount of the twenty live per
cent should havo been paid. Governor
Smith says it was not to exceed twen
ty-flve per cent. But I do not cvil
about that. I will put it upon tlie
broad ground that tlie contract was
mode with Governor Binith that these
men were to have twenty-five per
cent.
Well, If the governor, a trustee,(and
he Is nothing but a trustee (fir the |>eo
ple) uan put bis hand In the treasury
and take out $10,003, ha can make a
contract for $-500,000 and put his hands
into the treasury and bankrupt it. He
lias no such power, and the people
never entrusted him with any such
power, and God forbid that they ever
should entrust him with any such
power !
Such a tiling was never heard of in
the State until the advent of Bullook’s
administration, and lie employed
lawyers and paid them, out of tlie
treasury in that way. But lief>ro tho
war the-ruin was this: when tlie giv
ernor employed a lawyer to do any
business for the State, lie might agree
upou the fee, or to pay what ills ser
vices were reasonably worth—lie
might do either; but when the services
were performed, it never was thought
of that t bis lawyer had a lien up in the
people's money. When ho collected
tlie money lie paid it into the treasury,
aud the governor reported the fact to
tlie legislature ami recommended re i
- fees to be paid, and they ap
propriated what they considered jus
ami reasonable, ami tho governor
drew his warrant for whatever was
appropriated. Tito people have never
let JiHi.se their hands on tlie public
mopey 111 the public treasury for any
governor to disposu of without their
leave( -) never!
The whole error was in supposing
that this innoy belonged to those
lawyers; and the truth is that they
had a dollar of it in their hands
to have a lien upon. But tlie govern
or assumed that It bslonged t> them,
and not to the State, and hud pai I it
Let us look into those tilings a lit
tle more eiosely. There is m proof
before tlie court of any service they
had rendered. The money was appro
priated by ao‘. of congress. Tney iuv
er sued for it in any court, nor o illect
ed any money. I suppoied our rep
resentatives did their duty iu getting
the Dill through congress making tho
approprluttonand as to what these noa
did, there |s no proof in the reoird.
There was not suit hr mglit by the n; or
anything of the sort. There is not a
particle of evidence to she w that they
did anything. Now let us see what
tho constitution and laws of yotr
State say upon tills subject. Your con
stitution made by law. Tile law says,
“ail payments from the treasury, un
less otherwise i rovhled, shall he made
Upon tlie warrant of tlie governor
and he may withhold ills approval
upon any account audited and certified
by the comptroller-general. The war
rant should always specify up m what
appropriation the fund is drawn.”
There was no check on the treasurer
at alt; there was nothing entered on
the comptroller general’s books, there
was no account audited —nothing of
the kind. He Just takes $45,000, and
pays it over to these lawyers upon the
assumption that they are entitled to it;
that it belonged to them, and did not
belong to the State. Your supreme
court held that the governor did not
iiave the power to do that. While lie
could make a oontract for services, lie
ootffd not take the-people's money nnd
appropriate it in payment of these ser
vices until they had an oppor Utility to
look into tlie matter, and say whether
it was reasonable or unreasonable, ami
appropriate whatever they thoughtwns
right and proper. And you know, and
tlioso parties JUnew, that they would
not appropriate $15,099, or anything
like that. They would iiave appro
priated what was reisou iblc, hut tlioy
would not iiave appropriate 1 such big
umounts as that.
'Phey knew that, and would not go
before the legislature.
Tlie governor assume 1 tint tills
money belonged to these attorneys--
that they hail a lien up in it.
I havo endeavorod to show tint a
tiustce could not ore ltd a lieu upm
the funds of the cidlui quo truit, un
unless he had the exprois authority of
law to do It; and while the governor,
as the trustee of the peoplo may make
a contract, yet the attorney acquires
no Hen as against the people in con
sequence of that contract, unless the
general assembly says so. and appro
priates the money to pay it. That Is
great principle your supreme court de
cided ns to ail these parties,
They decided that the governor had
bo power to pay that money; ho says
he had,that it belonged to the 1 iwyers.
Bet me illustrate by a case with which
you are more familiar; you may un
derstand it better. An administrator
is the trustee for the estite tie repre
sents. Suppose he is entrusted with
a note for a thousand dollars belong
ing to the orphans of the estate. He
agrees to pay a lawyer SSOO to collect it
This lawyer collects the full amount,
retains out of It SSOO, and says he has
a lien upon that SSOO of these orphan’s
money for his fee and the adm lnlstra
tor claims a credit for that amount.
When he applies to the ordinary to
have the account allowed;the ordinary
will look into the matter. He will
Bay, “you have a right to create a lien
upon your own prperty, but you have
no right to create a lien upon these or
phans’ money and property.” If that
were the law, tlie administrator could
gobble up the whole estate; and if that
were the law, the governor aDd a few
lawyers could gobble up all the money
in the treas ury.
The governor assumed that they
had a lien upon this money, without
tbe consent of the legislature. If it be
longed to the lawyers, there would be
some force in it; it did not
belong to the lawyers, and there was
no governor who could make such •.
contract.
Ret un see what the code says. The
only authority the governor had to
make a contract, or employ lawyers at
all is to be found iu the 03J section of
tbe code.
That gives him the authority to em
ploy lawyers. After going on to re
cite that he may do bo, It says; "On
such terms for oompeosatlon that h
muy agree upon; but the fees of such
attorneys shall be conditional,” which
meant to be reviewed by the general
assembly and the representative of the
people. The governor lias no right
to make an absolute contract. The
law says such less shall be condilion
ial, it is the right of the people .through
their representatives, to pass upon
anu adjudicate tlie amount of lliose
fees, and not tlie governor. If it is
too much, they will not pay it; if it is
right and reasonable, they will.
Tliis money belonged to tlie State of
Georgia. It was received by tlie gov
ernor ns tlie ngent ami trustee of tho
people of Georgia, nud it was liis duty
to have paid it into the treasury—all
of it. What authority of law did the
governor have to adjudge Hint any
part of it belonged to Alston others,
and lake it out of (lie treasury other
wise (linn by a warrant, upon an ap
propriation being made,therefore as re
quired by law ?
Alston aud tlie others never had
the money in (heir possession, but in
contemplation of law, it was in the
State treusury. How could it legally
have got out of there ?
Where is there any entry made
upon the books of the comptroller gen
eral, charging tlie treasurer with this?
There was to warrant. He simply
handed it over, without warrant for
lecord. Iu this way, ten or eleven
thousand dollars were puid to Tuggle,
and I don’t know how many thouaund
to olliers. And your supreme oourt
thought that your governor had no au
thority to do that until the (legislature
gave him the authority. But the gov
ernor takeß issue with that decision,
and makes an appeal from it, aud goes
before you with that appeal.
Of course the decision of that court
was unanimous; but it fell to my lot
in the regular business of the court, to
to deliver that judgment; and the ar
gument wns brought against me
that I was seeking to persecute tho
governor.
I don't know whut was the inten
tion of my colleagues, I know no such
idea ever entered my head. It was
never my idea to persecute tlie gov
ernor or anybody else. We made tbe
dccision for the interests and protec
tion of the people of Georgia, and
would make the same decision again.
We were arraigned before tlie coun
try. The legislature lias been ar
raigned for looking into tlie affairs of
tlie country.
The governor complains tnut he
has been persecuted by the legislature
and judicial departments of the State
government, My private opinion
publicly expressed is that the people
of the State have been worse perse
cuted by hud government than any
body else, and have the best right to
complain.
I grant that those things may re
flect unfavorably upon the adminis
tration, and they undoubtedly do, hut
it does not follow tlmt there was per
secution.
Tlie governor thought proper to
take an appeal before tlie people from
the supreme court of" the State, of
which I was at the lime the chief jus
tice. I had no intention at tlmt time
of resigning. 1 was able and willing to
perform ttie duties of tlie ofllce as I had
been for (lie past ten years, so far as I
knew; but when I saw one department
of tlie government arraigning another
department of tbe government before
tlie country in a manner calculated to
weaken public cQufideupo in its judl
ulury. 1 felt that I could no longer
with hopor to myself and credit to the
people, hold Hint position. [Great ap
plause.]
It was the first time in my recollec
tion tlmt a governor of tbe groat shite
of Georgia had left his high position us
governor aud gone around among the
people stocking a convention. It was
a “Ross” Tweed prooms of primary
conventions to nominate him for gov
ernor. [Groat applause.]
It was the very first time I ever
heard of such a thing. But it was
done. He got a majority of the dole,
gates, but you must remember that
the governor of the great BUto of
Geqrgia has great patronage; he has
the power of appointment to office; he
can deposit the public money In differ
ent banks; he has the power of re
moval from office. With 41l tills
power oonlorrod upon him by tlie
people of Georgia lie leaves ills high
oflice, and by a “Boss” Tweed process
stocks the convention to nominate
him for governor.
The only wonder Is that he did
not get them all. [Applause and laugn
ter.]
Well, the spirit of Amerloan free
men had nut entirely departed from
all the members of that convention.
Borne of (hem did not feel willing tn
recognize that state of things, he
had a majority of the people. A ma
jority of the people 1 You saw a fair
speoimen of It in this oouuty at the
primary election. Not one tenth of
of the men voted. The balance of the
people were at home attending to their
business; yet It is claimed that they
had a majority of the people. They
had a majority to stock the delegates
there is no doubt about that. And
tbe governor sitting un there with all
bis power and patronage, cracking
the executive whip, and keeping them
stocked to vote for himself and no
body else.
How could It lie otherwise ? As I
have said, the only wonder Is lie
didn’t get them all.
CROOKEDNESS.
We saw a man on Main street this
morning whose legs were so crooked
that he couldn’t tell hie right foot
from his left without following his
legs down to their termini. — Bridge
port Standard. Oh, dear, that’s bad
enough to be sure. But there’s a man
In Danbury who can’t wearacork sole
to his shoe, because his log Is so twist
ed, It draw the cork right out.—Dan
bury Newt.
When the prudent girl takes a no
tion to make over an old dress, what
is the best to let her do ? Ret her
rip.
NO. 39.
“STAND ANI) DELIVER.’’
TOURISTS TO TilE MAMMOTH CAVE
ROBBED ON THE HIGHWAY
OK $1,200.
A Louisville, Ky., dispatch says:
Two stages which run between Cave
City and tlie Mammoth Cave were
stopped by highwaymen lost week
ami all tlie passengers were robbed.
Tlie stage to tlie cave was tlie first at
tacked. The one passenger on board
wns |robbed. The coach coming the
other way was shortly afterward met
by two men on horseback, heavily
armed and ordered the driver to stop.
They then compelled tlie passengers
to get out nnd stand in a line, aud or
dered them at pistol’s point to give up
all their property. Tho travelers
were unable to resist successfully and
surrendered and all their valuables.
The robbers took possession of the
passengers’ money jewelry and watch
es, amounting in value to $1,200.
Better Time*.
The Demoreat, New Orleans, La.,
says: “Suffering among such as have
been troubled with diseases of kidneys
and liver, lins been perceptibly better
since the introduction among use of
Warner’s Safe Kidney and Liver
Cure.” 3G-3m
Hearty, llloomlng Widow
Marietta,Ga., March 9,18170.
Mam™. Bradfield, <k Co.—Gentle
men:—You will please ship us anoth
er supply of your invaluable Female
Regulator, and forward bill by mail.
We are happy ta state that this reme
dy gives better satisfaction than any
article we sell. We have been selling
it since 1868, and witnessed many re
markable cures by it. Among others
there was a lady friend of ours who
was sallow and sickly until she was
twenty-six years old when she was
married. Her husband lived two years
and died. She continued in Dad
health; in fact she iias never been
wliat a woman ought to be. A few
months after tlie death of her husband
she saw your advertisement, aud came
to our store ami bought a bottle of
your Regulator from us, and took it
according to directions. It has cured
her sound and well,brought her regular
montlily periods on, and to-day she is
a hearty, blooming widow —with the
use of but two bottles of your Regula
tor. costing her only three dollars,
when site lias tried several physicians
and spent a great deal of money with
out any benefit. Wishing you great
success with your valuable remedies,
we are respectfully yours, etc.,
sep W. Root & Sosa.
Aaotlki‘l' Offer,
The publisher is determined to place
the Suvaum.h Weekly News in the
hands of everybody in Georgia and
Florida who want a first-class news
am! family journal, and to that end
we offer to send the paper from this
date (August 14lli) to March 14th, 1880
for one dollar. This will cover the
election and inauguration of the Dem
ocratic candidates. Bend in your dol
lur and get the biggest und best news
paper in the South. Address,]
2t J .H . Enin, Savannah,Ga.
Easley, 8. C., Jan. 3, 1880.
Dr. h. T. llill:
Dear Sir —I am hi receipt of yours
asking certificates as to tha merits of
Hill’s Hepatic Panacea, Will say
that I havo sold It [from my counter
liud prescribed it in my praotlve with
good results ulwuys— one ease of Indi
gestion In nn old lady being entirely
cured after years of suffering. I can
recommend it in all eases of deranged
liver. Respectfully,
J. W. QUIGEIA.N, M. D.
fijjPFor sale to the trade by W. H.
Baukktt, Augusta, Ga., and by
W. H. Chase. sep.
Now or l^ever,
The Southern Furruer’s Monthly
will he sent free for the balanoe of the
year to all subscribers for 1881. Send
in your $2 and get It. The farmers
of Georgia must all have their names
on our mail list next year, and this
is the time to hand them In. Don’t
you forget it 1 Address
2t J. H. KstiMj, Bavannah, Ga.
Cheaper Than Physicians’ lulls.
“A Thing of Beauty Is a Joy Forev
er.”—What is it? Something pre
pared for woman only, and used by
them exclusively, ft Is adapted es
pecially to oases where the womb Is
disordered,and will cure all irregulari
ties of the "menses” or “monthly
courses,” by restoring the discharge
whether acute or chrouic, in every In
stance.
Bradfleld’s Femalo Regulator,
“Woman’s Rest Friend” is prepared
by Dr. J. Bradfleld, Atlanta Ga.,
prloe $1.50 ner bottle. sep
♦
lYturalglue.
gUFFEUKHS, HEAD THIS.
Persons afflicted with neuralgia and
headache can be speedily relieved by
ÜBing this great specific. Speedy in its
action, entirely free from opium and
other narcotics, it commends Itself as
being as Innocent as it is efficient. Ev
ery bottle guaranteed, Hutoliison A
Bro., proprietors , Atlanta. Bold by
W. H. Chase, Washington, Ga
Mr, W. H- Hahrk tt, Augusta, Ga
SuMTßit, 8. C., Nor. 10, 1874
Dear Bir—lt gives me great pleasure
to attest to the efficiency of the Bills
received from you a few Jays ago.
They have accomplished every tiling
that I desired of them, and I have
given several to my neighbors. Please
send ino two dozen more for use on
my farm. Yours respcctfluly
JNO. 0. TISDALE.
The Sunday Phonograph
Is a strong Norwood paper. Send GO
cents and get It three months. Address,
PHONOGRAPH,
Atlanta,G
Georgia Railroad Company.
Superintendent's Office,
Augusta, Ga., May 13,1880, )
OOMMENCING Monday, 16th Inst, J
Washington. Branch Trains
will run as follows daily exeeptSunday
Leave Washington l(<‘4s, a.m
* Ficklen .....11:16, •
“ Itaytown “
Arrive at Raruitt 12:C0, m
* n “Athens 8:15 P.M
“ “ Atlanta 5.00 “
MiUedgevillo ,4:20 “
“ “ Macon ti;4s “
“ “ Augusta 3;-28, •*
Leave Augusta..., f1;35, am
“ Macon 7 ; oo, “
“ Milledgeville 8:58 “
44 Atlanta 7.. t <
44 Athens .. g!??’ ..
“ Harnett * io.'j., ..
“ Raytown ..IV.. i™,’ “
“ Ficklen ijXJ’ ,
Arrive at Washington 2 *<jo -
-
E. R. DORSEY. Ocn. Pas,'. Sullt '
Administrator’s Sale.
‘V! lßt Tuca lay in Noynmbar,
T T 18H0, before tin* Court house door of Wilkes
O’nity. Ox.. bf twain b-al hours of aala, a valuable
plantation In add county, on the watom of LUtlo
River knows tho Fiiikl.-n place of Josephus Hill
man, doc and, nnd containing 23W litres more <>r loss
It i situated on the Washington Branch Oa. It. It '
and has all the improvements necessary on a large
plantation, and ia one of tho tinest tracts of land in
Middle Georgia, Thera is a commodious depot on
the place. Tills property will he sold aa nrt ™
the estate of said deceased, and nuder tho older o
the court of Ordinary of Taliaferro county. On
thir ™ < ’S" h ° nil balance on time without interest
■"'• 2ln A. L. HfLLMAN, Adm'r.
Wilkes Sheriff’s Sale.
W l £L b °i?°w ° ”> A*?* Tuesday in November,
’ , , 1880 ' between legal hours of sale, before tho
Court housel door of said county, u lot of furniture
consisting of bods, bedsteads, bureaux, wash-stands’
Carpets, chairs, amt other household furniture’
Tho said property being luvied on and sold as tho
property of Mrs. UuraJ, Arnold, under and by
virtue ol a tt. fa, isauing froln Richmond Superior
Court upon the foreclosure of a mortgage upon said
property in favor of T. P. Branch ya. Mr*. Lm
J. Arm.ld aforesaid, of Richmond county Ga*
3fl 8t _ J * T - CRAJjTON, Sheriff W. C$
Letters of Dismission.
GEORGIA, WILKES COUNTY.
W“* P Mrf '' * Vr ' l! ' Mofl8 ' executrix or Janies
’ , Boling represents to the Court in her peti
tion duly Bled anil entered on record, that she has
fully administered Jamea Huling's estate. This is
therefore, to cite ull persona concerned, heirs and
orodtora, to show oauao. If any they eau. why said
ex- uirix should not he discharged from her exec
u snip and receive letters of dismission on tho
B Monday in December,lmo. This Sept.lst.lßdn
* a*' B ' l ' * ’ DYSi iN. Ordinary W. f.
Notice lor Leave to Sell Land.
GEORGIA, WILKEH COUNTY.
A PPLICATION will lie made to the Court of Or
dinary bt xaitl county, at the lirat regular term
after expiration of bin*, mouth from this notice, for
’i 1 *! 1 '>' belonging to the estate of
HlJah 1 oss late of said county, doe'd, for the ben
efit oi lira heirs and creditors. This Sept. Ist 18S0
H. i). HARPER,
38 ~ t Administrator Elijah Poss.
Notice for Leave to Sell Land.
GEORGIA, WILKES COUNTY.
A matin to the Court of Or
x-V diuary of WilkttH county, Ga., at the llrwt reg
ular term after expiration of one mouth from this
notice, lor leave to soil tho lands and personal
property, belonging to tbe estate ot Abraham Bur
ton, lute, of Buid county, dsc’d, for tho benefit of
heirs aud creditors of Haiti deceased. This Septern
bor j* 1 ' 188:l - JOB. 11. STOVALL,
j' 1 *1 Executor nr Abraham Burton.
Citation for Letters of Dismission.
GEORGIA, WILKES COUNTY." ~*~
TXTHUItBAS, John A. Suit®, executor of tlie es
" tato of Sarah Sutton, late of said county rep
resents to thu Court iu his-pcUtloit. duly flto-l and
ontere l on rucord that he has mfly administered
Sarah Sutton', estate. This is thornlbre to cite all
person- c ipeenied, heirs and creditors, to show
cause. : any they can.why said executor should not
he discharged from his executorship, and receive
letters nt dismission on tlie Ist Monday In Decem
ber, lHHfi. This 2nil duv of August, IBHd
OHO. DYSOV, Ordinary W. C.
Citation for Permanent Letters of
Administration.
GEORGIA. WILKES COUNTY,
rno all whom it may wmcarn, Clark Mattox, hav
-1 in proper form applied to mo for porma
nent lottor* of urtmlnintratlonon the ofctato of Nancy
A. Burton, late of said county, doc’d, this is to cito
all and Riiijfulnr the 'crCdlti.rx Andttoxtofkin of Raid
deed, to bo and appear at my ofU/je, within the
time allowed by law, and show <-anHe f If any they
1,11,1 • why artiiiimutratinn should not ho tiranted to
th applicant on N. A. But tun's estate. Aiutust 1R
18H0. 33 Bn GEO. mmVf, Ordinary W a
Notioe to Debtors and Creditors.
"VTOTICE i8 hereby given to all peMonw having
| ' demandnagaiuHt EIIJ U lute of said County
(lee (l, to present them to iuo properly made out
within the time pnwt-il.ort by law. So ns to
show thuir character and amount. And all Persons
indebted to Haled deceased are hereby ro<juentod to
make immediate payment to me This Aiii/nt 5
1880. 32-rtt H. (.. iruiPEft, Administrator. *
BELLEVUE HIGH SCHOOL
Bedford Cos., Virginia.
On Va. A Tenn. li. 1t.,15 miles wuafcpf Lynchburg
Young men and boys prepared for university op f i
buHiuoMH. Beautiful ami healthy location. AM
corps of teachers; thorough instruction. Libera
provision for the accommodation and comfort <>l
students. For Catalogues containing information
address W. U. ABBOTT, Principal.
30 -2 m Bcllovuo P.o.Va
500 MILE TICKETS.
GEORGIA RAILROAD GOMPi-Nlf )
OrriCK OfiN L PaHKKNCJF.R Ag’t. >
Augusta, March ‘4-188V. )
COMMENCING THIS DATE, this Company will
sell FIVE HUNDRED MILE TICKKTtt, good over
main Hue und In-anahe-*, at THIRTEEN 75-100 DOL
LARS oueh. Those Tickets will bo issued to in
dividuals, firms, or families, but not to- Jins is and
families combined,
K. R. DORSEY,
General PuHscnger Agent
mhatf _
Hi ghost Medal at Vienna aud Philadelphia.
E. & H. T. ANTHONY & GO..
501 JtieO.lDir.tY, y hi IF YOIIIi.
niuuiUaPlurcraliuportcrsfkUculcrM Sn
Velvet Frames, Albums, Graphoscopes
STEREOSCOPES AND VIEWS,
ENGRAVINGS. CHROMOS, PHOTOGRAPHS
And kindred goodn—Celobrities, Actresses, etc,
Photographic Materials.
Wo arc Headquarters for everything iu the way
Stereopticons and Magic Lanterns,
Each style being the best of its class iu the marko
Beautiful Photographic Trauspareucics of Status
ry and Engravings for the window.
Convex Glass. Manufacturers of Velvet Framoa
for Miniatures and Convex Glass Pictures.
Cailoguog of Lanterns and Slides, with dirveti >
for using, sent ou receipt of ton cents, fobs-Gm
S.S.S.
Pebbt, Houston Count?, Ga.
We have knowu "Swift's Syphilitic Hpociflo.
tented in hundreds of obitinutreason of Syphilis.
Mercurial Kluuimatism, S rolula. etc,, and testify
that it made the most perfect aud permanent cured
n every ease.
Oavt. Huotf L. Dfnnaw. Gift*. Eli Warren,
Ham L). Kili.kn, J. W. Wimiikbly,
Judge Cos. Court, Dr. J. C. Oilbrt, Drug’t
J. L. W arren, of Ann . J. W. Mann.
of J. W. Lutbrop & Cos., County Treasurer,
Savannah, Ga. W. D. Pncaoß, BherUl
Ed. Jackfon, Col. 0. C. Duncan,
Don’t Oi'k Sup'r Ct. Mk.-s.srs. Day Si Gordon.
Maj. WM, Brunson,
Wo aro personally acquainted with the gentle
mou whoso signatures appear to the abjvo certift
entw. They are citiaou* of said -county, of the
highest rospootebility and character.
A. H. GILES, Or Jinary Houston Cos., Ga
D. 11. CULLKB, Clerk Superior Court,
Houston. county. Ga.
I ani personally acquainted with the proprietor,
and also with many of the gontlCman whose siuua
turos appear to the fOrefafitq certifl cates. They
aro men of high character and staudiUK.
A. H, OaLQUirr. Governor of OoirgLv
Prepared only by the S**UT SPEC ..FI3 COM
PA NY. Atlanta, Ga.
gold by E, L, KJub WMbtaglon c. 24'