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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-