Newspaper Page Text
KP ____ __ —__
VOLUME XV.
ALBANY, GA., WEDNESPAY AFTERNOON,MAY 2, 1906.
NUMBER 163.
ALL GOES FOR
INSOLVENT COSTS.
INTERESTING SITUATION HAS DEVELOPED
IN DOUGHERTY COUNTY.
As the result of a recent decision of
the supreme court of Georgia, every
dollar derived by Dougherty county
from the sale or lease of misdemeanor
convicts Is allotted to county officers
as Insolvent costs. /
And the rule which applies to
Dougherty county Is applicable to ev
ery other county In the state which
sells or leases Its misdemeanor con
victs.
What It Means to Dougherty County.
Last year Dougherty county derived
from the sale and lease of her misde
meanor convicts about <8,000. Under
conditions as they exist, she would
ordinarily derive from the same source
during the present year about $10,000.
And all this money will be subject
to the claims of county officers, whose'
Insolvent cost lists cover various
terms of years and who will draw
many'thousands of dollars before their
claims are satisfied.
How Insolvent Costs Accumulate.
The officers who are entitled under
the law to costs, or fees, are the solic
itor-general, the clerk of the superior
court, clerk of the county (or city)
court, sheriff, solicitor of the county
(or city) court, Justice of the peace
and constable. The costs arising from
various prosecutions are fixed by law.
When a case finds Its wpy Into the
courts. It carries these costs from the
time It Is placed on the docket If the
defendant is convicted of a misde
meanor, Is fined a certain amount plus
the costs, and "pays out,” these costs
are allotted to the various officers en
titled to receive them. But If the pris
oner should faH to pay, and is sent to
the chain gang, the costs are declared
Insolvent. Moreover,, If the defendant
is declared not guilty, the Insolvent
costs are Incurred just the same, and
arp held as a claim, by the officers en
titled to receive them.... . . x
For many years, the offlSef-a of
Dougherty county have only received
costs growing-out of cases in which
the defendants were convicted. Cases
that Is derived frrm the sale and hire
of convicts, to be applied to the liquid-
Mill Supply
Department:
Genuine Gandy
Belt, Atkin’s Cir
cular and Cross
Cut Saws, Marsh
Steam Pumps.
Implement
Department:
Harvesting Ma
chinery, Thresh
ing Machines in
stock, all sizes.
SOLID CAR
Twine,
T * \
wine,
Twine!
Sufficient to bind all
the oats in this sec
tion.
Alt any
Mackinery
Co.
resulting in non-convictions were slm
ply not considered. As stated, this
rule has been In existence for a num
ber of years. The county commission
ers have sold or leased to the best ad
vantage the county’s misdemeanor
convicts. From the funds thus de
rived'the costs of the county officers
have been paid, and the balance has
been turned Into the general treasury
of the county. This balance has
amounted, In the past, to something
like $5,000 to $8,000 per annum.
Under the recent law, giving the
counties choice of their pro rata part of
the school fund derived from the sale
of state, or felony, convicts, or the
convicts themselves for work on the
public works of counties, Dougherty
.county has chosen the latter alterna
tive. She receives twelve felony Con
victs, and the latter are employed on
the county highways. In lieu of the
money previously coming to the
schools of the county from this source,
the county Commissioners have regu
larly appropriated to the schools Such
sums as were deemed just and equit
able.
By using the felony convicts on the
public roads, the county commission
ers have been enabled to sell mOBt of
the misdemeanor convicts, and the to-
tal amount thus derived, as stated
above, has been from $5,000 to $8,000
per annum.
Supremo Court’s Decision.
Some time ago there was carried up
from Coweta county a test case to de
termine whether county officers were
entitled to the money derived from the
sale and lease of misdemeanor con
victs, to be applied ,to the liquidation
of Insolvent costs. The decision was
handed down several weeks ago, and
was favorable to the officers. The
case was that of Barron vs. Tejrell,
solloltor-general-ttnd-In the head notes
of the decision t^e court says:
“Under the Penal Code, section
1097, the fund arising from the hire of
misdemeanor convicts shall be first
applied to the payment of the fees' of
the officers of court; this application
Is to be made by first taking from the
hire the costs In the particular cases,
Including the fees of witnesses then
discharging the orders of the officers
of court for insolvent costs In other
cases, and paying Into the county
treasury whatever balance may re-
main.”
Justice Evans writes the opinion qt
the court, and concludes as follows:
“We construe the section to mean
that the fund arising from the hire of
misdemeanor convicts shall be first
applied to the particular fees and In
solvent costs of the officers of court;
this application to be made by first
taking from the hire the costs in the
particular cases, including the fees of
witnesses, then discharging the claim
of the officers of court for Insolvent
costs in all other cases, and paying
Into the county treasury whatever bal
ance may remain.”
Nothing could be clearer. "For In
solvent costs In' all other cases” is
sufficiently explicit to remove the last
doubt.
Dougherty County Officers Collect
$2,000.
The - prisoners convicted at the re
cent 1 term of Dougherty superior court
who were unable to pay their fines
and costs were leased by the county
commissioners, the total -amount re
ceived from the lessees being about
$2,000.
Demand was made upon the com
missioners by the county officers who
receive fees for the money Just col
lected. The decision of the supreme
court waB cited, and the legal adviser
9f the commissioners advised them
that there was nothing to do but obey
the law. The money was accordingly
paid over to the officers demanding it
The insolvent costs in Dougherty
county amount to thousands of dollars
—just how man; thousands it would
require a good deal of delving into
county records to determine. And new
Insolvent costs accumulate almost as
'rapidly as old oies can be liquidated.
County Commissioners Desire to Con
fer With Citizens of the County.
Of course, no fault can be found
with the officers who take steps to
collect what the supreme court de
clares are jusl; claims. As long as the
law stands as it Is, the officers, are en
titled to and will receive all the money
atlon of Insolvent costs.
| But the county faces a serious con-
FATHER SHERMAN’S
MILITARY ESCORT
IS TURNED BACK.
WHAT WILL THE
POPS DO ABOUT IT?
JUDGE HINES CALLS A CONFERENCE TO DIS
CUSS ACTION OF DEMOCRATIC COMMITTEE.
President Roosevelt Had the Military
Called Off Last Night.
Would Have Been Refused
■
Entrance Into Atlanta If
He Had Been Accofnpan-
ied by a Military Escort.
Mayor Indignant.
Special to The Herald.
Atlanta, Ga„ May 2.—Father Sher
man, In his march to- the sea, would
have been refused entrance Into At
lanta had he been accompanied by a
military escort. Mayor Woodward de
clared this morning that he would not
have permitted the priest to come hero
with cavalrymen.
A dispatch thiB morning from Wash
ington says the military accompanying
Father Sherman has been turned back
by order of the government. Father
Sherman will be received as a private
citizen—nothing more. 'The mayor
thinks the trip with an escort Is an
outrage. The governor has nothing to
say.
Roosevelt Calls Off Military Escort.
Washington, May 2.—The President
last night directed the curtailment of
the movement of the Twelfth Cavalry
as eBcort to Rev. Father Sherman, son
of General Sherman, on a march over
part of the line of General Sherman’s
famous march to the sea. Instead, the
trip may be made from Fort Ogle
thorpe as far as Resacn, which is with
in about fifty miles of Fort Oglethorpe,
when the cavalry detachment Is to re
turn to the latter place.
Orders to this effect were given to
night following the receipt of a long
dispatch from Brigadier-General Du
vall, commanding the Department of
the Gulf, by whose authority the de
tachment was ordered to accompany
Father Sherman, and a conference on
the subject between President Roose
velt and General/Bell, chief oj staff
of the army. -
The President directed the follow
ing dispatch to bo sont to General
Duvall;
"In view of the misapprehension,
seemingly caused by the terms em
ployed In your orger, the President
deemB it best, after the detachment of
the Twelfth Cavalry has gone* as far
as Resaca and visited the Intervening
field of the engagement at Dalton, the
officers and men composing the de
tachment shall return to Fort Ogle
thorpe, which be directs be done.
(Signed.) "Ainsworth,
"Military Secretary.”
QUADRENNIAL CONFERE'NCE CONVENES TO
MORROW—THE BISHOPS ARRIVING TODAY.
BIRMINGHAM, Ala., May 21—Delegates are arriving from all parts of
the South to attend the quadrennial conference of the Methodist Episco
pal Church, South, which convenes here tomorrow. The conference will be
called to order by Bishop A. W. Wilson, of Baltimore, senior bishop of the
church.
Six bishops and numerous prominent clergymen of the denomination,
have already arrived. .
Vice-president Charles W. Fairbanks will be a fraternal delegate to
the conference, which will be In session several weeks.
dltlon of affairs. ,
It will now receive something like
$8,000 a year less than it has been re
ceiving, and expected to continue to
receive.
This may make Impossible the ex
tending to the schools of the county
such help as the schools deserve and
should receive. It will also necessi
tate the aba.ndomp.ent of certain other
plans which the county authorities
may have had in view.
In order to consider the situation—
to discuss the conditions that have
arisen so that all the people may un-
derstand them, the county commis
sioners have decided to invite all cit
izens of the county who ate Interested
to be at the courthouse neat Monday
morning at 10 o'clock, Monday being
the time for the regular monthly meet
ing of the Board of Commissioners.
Members of the city council and the
school board are particularly urged to
be present.
Whether it is best to inaugurate a
system of taxation for schools, or
adopt some other plan which may be
proposed and deemed feasible, will be
considered at this meeting, and It Is
hoped that the representative men of
the community will attend.
It Is predicted that the existing law
will be changed by the legislature at’
Its next session, but jh e questions just
now presented must be disposed of on
their merits.
Let those citizens of the county who
are interested accept the invitation of
the board of commissioners and at
tend the meeting at the courthouse
next Monday morning.
SEVERE TORNADO
IN TENNESSEE.
Nashville, Tehn., May 2.—A special
from Dresden says a tornado swept
the disrict sixteen miles north of Dres
den last night, wrecking houses, kill
ing stock and blowing down telephone
lines. So far ai learned there was no
loss of life.
BOY WAS SHOT
BY COMPANION.
Killing of 8ol Page In Lee County Yes
terday Was Accidental.
Further reports from Lee county In
dicate that Sol Page, the 13-year-old
son of the late SIlnB Page, a brief ac
count of whose tragic death appeared' tend the convention, arrjtas this after-
In these columns yesterday, was accl-' noon a t 3:36 over the A. ft N. They
dentally killed by Roy Salter, one year , oft Savannah ^ bm , an<1
his junior. I »
Special to The Herald.
ATLANTA, Ga., May 2.—Leaders of the Pouplist
party in Georgia are to meet in conference here Friday
or Saturday for the purpose of discussing the action of
the Democratic State Executive Committee relative to
setting the state primary for August 22 and declaring
that those who take part must swear to support the
party nominee. The question is: Will the Pops join
the Democrats in voting for one of the candidates for
governor?
Judge J. K. Hines, a prominent lawyer in Atlanta,
who was the choice of the Populists against the late
W.. Y. Atkinson for governor,, has called the confer
ence of his party friends, and the meeting will likely
take place in his office. Among those who have been
invited to meet with the judge and talk over the situa
tion are J. J. Holloway, of Clem, Ga., chairman of the
People’s Party state executive committee; G. B. Crane,
of Dixie, Ga., a leading member of the party from South
Georgia, and W. L. Peek, of Conyers, Ga. Others are
to receive invitations, and the gathering promises to be
a representative conference of Populists.
It is not probable that Hon. Thomas E. Watson,
recently candidate for President of the United States
on the national Populist ticket, will be at the confer
ence, as he is in Florida. .That his presence at thef meet
ing would please • the other gentlemen invited ^oes
without saying. ■, '' .
K la making the evening pleasant.
| Judge D, F. Croslnnd will make ftshort
address on "Albtmv as a Wholesale
'address on “Albany as a Wholesale
Point,” and there will be an exchange
of “Criticisms and Witticisms” by' all'
those present. I • ;-j ,
; jhe .visiting; k p. Vs are expect*)
' The paving on Washington streej, 1
where an A. C. L. engine ron-acrosp •
n week ago, has been replaced.
Knights of the Sample Case
Meet in Annual Conven
tion Tomorrow—Program
for First Day.
Georgia’s knights of the sample case
will gather In Albany tomorrow.
. The advance guard is already In tho
city, and every ufternoon and evening
train today will bring accessions to
Jhe ranks of those who believe In be
ing early on the ground.
The Savannah, delegation, the larg-.
est, In all probability, which will at-
Huyler s
I bo much In evidence during the next
named McBride were together at the * w0 Unys. Savannah Is scheduled to
home of Mrs. Frank Mims, with whom * provide the next state president, and
Sol Page and his mother lived. The!Hr, Hugo Frank Is slated for the
The Hr.
elder members of the household were h 0nor ,
away from home.
The three boys climb ad a window
Into the house, and Page and Salter
began flourishing .pistols. The Mc
Bride boy became frightened and ran.
A moment after he left the house he
heard the report of a pistol, and Roy
Salter came out with the Information
that Sol Page was deal!.
A coroner’s Jury held an Inquest yes
terday evening, and decided that the
fatal shot had been fired by Roy Sal
ter, hut that the killing wis accidental.
The Salter boy declares that he was
so badly frlghteped by what happened
that he cannot give a straight account
of the tragedy, though he says he has
no recollection of having fired a pis-
tol. .
The funeral of the dead boy took
place today. .
BIG FIRE TODAY
AT MERIDIAN, MISS.
Department 8tore and 8tock Valued at
$100,000 Burned.
Meridian, Miss., May -2.—Fire bere
early today destroyed the building and
stock of the Wlnner-Kleln Co., whole-
sale and retail department stores. The
loss Is more than $100,000, practically
covered by insurance. The fire origin
ated In a candy store in the rear of the
building.
The convention will be called to
order tomorrow morning at 9 o'clock
In the Elks’.building, on Pine street.
Mayor C. W. Rawson will deliver a
short address of welcome to-the travel
ing men, and response will be made by
President Calhoun.
By 10:30 thd convention will be set
tled down to tbo business matters pre
sented. It Is understood that a consid
erable portion of the time of the busi
ness sessions will be devoted to the
discussion of Interchangeable mileage,
which Is more or, less of a hobby with
every man who carries a sample cnee.
A great deal in this direction has al
ready been accomplished by the T. P.
A., but It Is hoped to achieve much
more as the result of continued per
sistent effort
The morning session will adjourn at
12:30, and business will be resumed at
2:30 p. m„ the first business being the
reports of committees.
At 4:30 p. m. the ladles of the T> P.
A. party will be given a carriage drive
oVer the city and Into the country by
the ladles’ committee announced yes
terday. Mrs. Henry Lanier is chair
man of this committee.
In the eveniug, there will be a
smoker jn the parlors of the Elks'
Home. -Tile Albany.BusIness League
Wifi unite with the'members of PoBt
• V *.’• V - .
Candies,
m
1-V '.
.r?.»* * ■
"w- A
Sod:
Ice
Cream,
All '
' i;: n
ItWiTTifBi 7i ITT mTiiiitil'
BMWHB
'■•V'fdiVM.±**.f*£
Hilsman-
