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YOL. XIII.
A NEW BILL
That is Likely to Revolutionize
Practice in the Courts.
AND PROVE A VAST SAVING
la Expenses—Mr. Neel Its Author, Explains
its Objects and Purposes in a Clear,
Lucid Way.
A bill to be entitled an act to regu
late the method of pleading in
civil actions, commended by pe
tition in the courts of this state,
and for other purposes.
Section 1. Be it enacted by the
general assembly of Georgia, and it
is hereby enacted by authority of
the same, that from and after the
passage of this act, the plaintiff in
all civil actions commenced by pe
tition in the courts of this state,
shall set forth his cause of action in
orcerly and distinct paragraphs,
numbered consecutively.
Section 2. Be it further enacted,
that in all such cases where the de
fendant desires to make a defense
by plea or answer, he shall therein
severally and distinctly answer
e ch paragraph of plaintiffs petition,
and shall not as heretofore prac
ticed in this state file a mere gen
eral denial commonly known as the
plea of general issue.
Section 3. Be it further enacted,
that it shall be the duty of the pre
siding judge, at each regular term
of such court, to call all cases on the
appearance docket of such term,
and hear and decide all objections
made to the sufficency of petitions
and pleas, and may by order dis
miss plaintiffs petition orstrikede
fedants plea for non-compliance
with this act unless the defect is
cured by amendment; and the court
may, on good cause shown allow a
reasonable time in his discretion,
for making and tiling such amend
ment.
Section 4. Be it further enacted,
that any averment distinctly and
plainly made in the plaintiffs peti
tion which is not denied by the de
fendant’s answer shall be taken as
nrima facie true, unless the defend
ant states in his answer, that he
can neither admit nor deny such
averment because of the want of
such information.
Section 5. Be it further enacted,
that all laws and parts of laws in
conflict with this act be and the
same are hereby repealed.
The purpose of the above bill is
three-fold.
Ist. To advance justice by defin
/ng the issues at the appearance
term so that parlies may the better
prepare for trial.
2d. To economize time by elimi
nating from jury trials all uncon
tested allegations, and confining the
evidence to the bona fide contested
issues.
3rd. To save parties to suits ex
pense by relieving them from pro
ducing witnesses to prove matter
not really in dispute.
Elaborating these three points a
little I would say that under our
previous procedure not only had it
become common for attorneys to
tile petitions in a loose and slovenly
manner full of repetition and am
biguity,but it had become quite com
mon for attorneys for defendants to
answer suits by simply having their
names marked on the docket with
out filingany written plea whatever.
This practice hand been growing
worse for years and had become a
nuisance and an obstruction to jus
tice. Now by the bill introduced
by myself it will be impossible for
such practices to obtain. In the
first place the plaintiffs attorney
must set forth his cause of action in
orderly paragraghs. This will tend
to prevent repetition and cause law
yers to look more to the logical se
quence of their averments. The de
fendant’s attorney must at the ap
pearance term tile a written answer*
in which he must make a distinct
and separate answer to each para
graph in plaintiff’s petition, and
must admit or deny each paragraph.
So that each party six months be
fore the trial of the case, k nows from
the pleadings what particular
points are in dispute, and can direct
his efforts to producing proof upon
these points alone. This will pre
vent surprise, and wipe out the
practice of holding in ambuscade
defenses to be first brought out on
the trial. In short, under this bill
each party has full notice of his ad
versary’s position and can fully pre
pare for trial.
But the chief advantage U> tax
payers will be found in the economy
CARTERSVILLE, GEORGIA, THURSDAY. DECEMBER 14, 1893.
of time on jury trials.|Under our
previous procedure a great deal of
time was lost in requiring the plain
tiff to nrovp nvftn* Sfrnrsn ttrtri
' * • ** v/ *** ***•“ wnvga
tian in his complaint, although the
defendant really intended to rest
his defense on the denial of only a
few of such allegations and some
times on the denial of only one.
For instance if the suit was brought
on an account of a dozen items, the
defendant under former procedure
could by having his lawyer’s name
marked on the docket require plain
tiff to prove every item by testi
mony, although really intended to
deny hut one item when put on the
stand to testify for himself. The
same thing was possible in damage
suits, and in suits on policies of in
surance. Sometimes a whole day
was occupied by plaintiff in making
ueh proofs when one hour would
have sufficed if the defendant had
been compelled in his plea to make
specific admission or denial of each
item and each paragraph of plain
tiff’s complaint I can see no good
reason why the parties to a suit
should not be compelled to boldly
and openly deifine in his pleading
the position he takes towards his
adversary on every point, nor can
I see any sence in running courts at
heavy expense for parties to expe
riment with each other in testing
the ability of an adversary to prove
matters which the opposite party
knows is true, and will admit when
put upon the stand. He ought to be
compelled to make such admissions
in his plea before the trial and save
the time of the court and jury. It
is estimated theat our superior
courts with jurors cost from $l5O to
S2OO perday when in session, which
is from $lB to $25 per hour. Certainly
time is money here. Now I claim
that under this new law about one
fourth of the time of jury trials may
be saved. If only ten per cent, is
saved, this will amount to at least
SIOO,OOO annually saved to tax pay
ers of Georgia, as I have no doubt
the courts of the 138 counties of
this state cost the people over sl,-
000,000 per annum.
J. M. Neel.
EVANS OR ATKINSON-
Steve Clay, Announces He Will Not Run,
A Clear Field for Evans and Atkinson.
Steve Clay will not make the
race for governor. The president
of the senate, who has been re
garded as a formidable candidate,
makes the formal announcement
of that fact in a letter published
last Sunday. He gives reasons,
both personal and party, saying
that his private interests demand
an attention that he could not give
if he entered a campaign.
As to party reasons, he says:
“Opposition is organized, and the
democratic nomination, while as
suring an election, does not mean
a walk-over, and in order that the
party should present a solid front
there should be as little division
and dissension in party ranks as
possible. Personal entanglements
and individual differences may
prove to be unfortunate, resulting
in the embrassment of friends and
creating antagonisms that might
endanger the success of the party.
I cannot afford to be a tactor in
bringing about such results for pei
sonal gratification.”
He concludes rather a lengthy
letter by saying positively that he
does not make this announcement
to injure or advance the claims of
any candidate, but solely for the
reasons announced.
This is taken as leaving the field
to Gen. Clement A, Evans, who will
run on his war record, and the
speaker of the house, Mr. Atkinson,
one of the young democracy.
The Little Georgia Magnet.
Miss Annie Abbott, the “Little
Georgia Magnet” will be in Car
tersville tomorrow night, 15th insf.
She has appeared in a number of
Georgia cities since her return from
abroad, and her wonderful powers
have battled the skill ot all alike
She is a Georgia girl, being reared
at Milledgeville, but the past few
years have been spent abroad,
where she created great excitement
and was recipient of maay rich and
costly gifts, said to aggregate $50,-
000. Mr.l. R- Cain, her manager, is
from Americus, Ga., and they are
enroute to California, whence they
will go to Australia. Cartersville
people should not miss this oppoi
tunity to see this wonderful little
woman.
No other sarsaparilla has equaled
Hood’s in the relief it sives in severest
eases of dyspepsia, sick headach, oil
iousness, etc.
M. F. Word Druggists, recommend
Johnson s Oriental Soap for all skin and
scalp diseases. Try it.
THAT CAR.
Representing the Great Resources
of Our Section.
A THING OF BEAUTY IT IS-
Mr. Land Brings it to Cartersville to Get
Bartow’s Specimens and Let the
People View it.
The car which Mr. J. E. Land has
been getting up for a number of
weeks past to go north, bearing an
exhibit of specimens of agricultural
products, minerals, Ac., from this
section, reached the city on Thurs
day last and remained a day.
As it stood on a sidetrack near
the \V. & A. depot it was viewed by
scores of people.
It is in truth a thing of beauty.
The car was originally an E. T.V.
and G. baggage car, it being
turned over to Mr. Land for use by
the managers of that sytem.
Mr. Land immediately set to
work transforming that car into one
of the most attractive receptacles
that ever an exhibit of any kind
went into.
The car is painted a white body.
On one side is a most realistic scene
of a cotton patch with in less than
a dozen darkey cotton pickers, men,
women and children. It is made
from a photograph of an actual
scene and one stands and wonders
at how perfectly the artist has
made the trasfer.
On the other side of the car is a
picture of an iron mine made from
a sketch propared by the artist
himself, and is also a most realistic
production. The car has also small
landscape scenes on the ends and
is striped off and trimmed hand
somely in aluminum. On each side
is the catchy inscription in promi
nent and graceful lettering: “North
Georgia and Alabama Agricultural
and Mineral Exhibit Car.”
The interior of the car is fitted up
with shelves, stands, &e., for speci
mens and having much in place al
ready, when ready to leave Car
tersville, by the articles added here,
contained a showy collection.
In the line of minerals we noticed
specimens of iron and maganese
ore, kaolin, mica, talc, marble, caen
and lime stone, baryta, bauxite,
ochre, graphite and silver and gold
quartz.
In agricultural products, there
were specimens of corn, wheat,
oats, rye, groundpeas, chufas, su
gar cane, turnips, potatoes, pump
kins and gourds.
There is a good collection of the
different woods found in this section,
some in polished and other in the
rough stage.
There are also specimens of com
mon, fire and vitrified brick.
Among those specimens likely to.
quickest attract attention, are Bar
tow county’s mammoth cotton
stalks, loaded with open bolls, the
ninety-two pound Bartow county
pumpkin, the variegated specimens
of pot iron ore from Polk and a
beautiful home scene in frame made
up of bits of moss and cotton, and
resembling at a distance pastel or
oil work, the handiwork of a north
Alabama lady.
The landscape painting on the
car is the work of Mr. Ralph Dille,
of Rome, an artist, certainly, of no
mean pretensions.
Mr. Laud left with his car Satur
day for Dalton, and thence it will
go to Augusta and thence on its
great route through the north, out
lines of which have heretofore been
fully given in these columns.
Mr. Land has had associated with
him in his work of getting up the
car, Mr. George H. Clark, a clever
gentleman and thorough going hus
tler.
Roll of Honor.
The following is the roll of honor
for the West End Institute for the
month of November:
DEPORTMENT.
Misses Annie and Rosa Carter,
Hattie, Lena, Birdie and Ethel Grif
fin, Pearl and Irene Stalnaker,
Odessa McElreath and Lizzie Up
shaw.
CLASS STANDING.
Miss Annie Carter first honor,
general average 100. Pearl Stalna
ker, Len.x Griffin, Hattie Griffin,
Birdie Griffin, Ethel Griffin, Mary
Hudgins, Odessa McElreath, Lizzie
Upshaw, Anna Toney, Berta Hazle
wood, Pauline Collins, Ella Collins,
Julia and Octavia Smith, Mary
Lewis, Nellie Deweese, Lillian
Tumlin, Irene Stalnaker, Flora
Fite, Annie Masliburn, Susie Wal-
lace, Annie Milner, Irene Alley,
Pearl ami Fannie Goodwin, Reese
Marshal, Charlie Stover, Jnq, Cal
noun, Milton Cannier, Frank Har
ris, Annie Satterfield, Flonnie Mil
ner, Eva Mashhurn, Lela Durham,
Anniel&enfroe, Ella Wallace,Willie
Bolt. l*i> he on the roll of honor a
pupil must have general average
exceeding 95.
HIGH COMPLIMENTS-
Bartow's Representatives Recieve High Praise
in Their Legislative Work.
Last Sunday’s Constitution
contained the two follow
ing complimentary notices of our
senator and representative which
the Courant American takes pleas
ure in reproducing:
“That was a very pretty compli
ment which Senator Persons paid
to Mr. Veach, of Bartow, in his ar
gument in favor of the passage of
the state bank hill. It was a com
pliment well deserved and from a
source which *gave it additional
value.
“In openiyg his remarks on this
bill Mr. Persons said:
“When an important measure is
to be considered the first thougiitof
a thinking man is: Where did the
measure originate?
“In the house of representatives
—across the way—there is a quiet,
unassuming man. He seldom arl
dresses Mr. Speaker, and he never
makes a speech. In him we find a
happy illustration of something
that is often discovered by observ
ing men, and that is: The wisest
man among many men may be one
whe talks the least. A practical
business man, eminently successful
as a financier; thoughtful and pru
dent hs a legislator; honest and up
right as a citizen—this man in his
old age, uow past ids Ihree score
and ten, performs what may be
come a great and important ser
vice to the people of Georgia. He
is Mr. Veach, of the county of Bar
tow; and he it was who furnished
to your joint committee the princi
ple, system and method upon which
was constructed the hank bill which
i before you today. This bill is, in
truth, the Veach bill, and it an
swers in its several sections every
objection that may be urged
against it.”
“The passage of the Veach bill by
the senate—which leaves it now
lacking oidy the governor’s signa
ture before being a law—is a tri
umph for the special joint commit
tee which proposed the bill, and of
which Senator Oorput is chairman
“Senator Corput gave the matter
his untiring attention and his
speech in the senate yesterday
morning showed that he is certainly
well posted on the theory—if not
the practice—of banking.
“The senator from the Rome dis
trict is unquestionably one of the
leading men of the present general
assembly and one of the powers of
the senate. As chairman of the
committee on finance, he holds one
of the most important positions in
the legislature; and in committi e
room and on the floor of the senate
he always expresses with vigor any
course which he deems right.”
Rev. J. H. Mashburn.
This popular divine, with his
family, will leave the city on next
Tuesday, for Elberton, his new ap
pointment. Mr. Mashburn has
served the Methodist church here
for the past two years, and during
that time has done a splendid
work for his church, leaving it, pos
sibly in the best condition in every
way it has been in for years. Un
der singularly trying circumstances
he has proven himself a man of
wonderful personal integrity and
of self-sacrificing, steady and un
swerving Christian character. He
departs carrying with him the love
and esteem of an extended circle
of warm friends in the community,
whose best wishes and constant
prayers will be with him and his
family.
He preached his last sermon at
the church last Sunday, which was
an effort evoking universal praise
from his congregation for its depth
of thought and impressiveness, and
vhen his closing passages, full of
rich eloquence,were being delivered,
the emotion of his hearers mani
fested by tears told only too plainly
of the esteem in which he was held.
A resolution was adopted by a
rising vote, expressive of the love
and confidence and best wishes of
his church.
E. Nultv of St. Paul, Minn., writes:
‘•Was confined to bed for 3 weeks, doc
tors coufd do iiie#no good; Japanese
Pile Cure entirely eij,ed me.” Sold by
M. F. Word.
PORTER l VAuGEAN
Headquarters for Holiday Goods.
Thousands of Useful and Ornamental
Xmas Goods at Popular Prices.
VISIT OUR STOKE FOR
PANGY^GOOBS,
DRESStGOODS,
Clothing, Cloaks & Shoes.
All our lines of Fancy Willow Ware, Work Bas
kets, hasels, Fancy Baskets, Hand-painted Pin Cush
ions, Jewelry Trays, Toilet Sets, Brushes, Combs, Pho
tograph Frames, Mirrors, Purses, Bag's, Silk Handker
chiefs, Silk Throws. Linen Scarfs, Fancy Linens of
every descriptions, Perfumery, Toilet Soaps, Sachet
Powders, Fancy Stationery, Silverware, Bon Bon
Boxes, Jewelry Cases, and Thousands of other beauti
ful and artistic Christmas Goods.
n
Our Prices are the Lowest
in North Georgia.
CLOTHING DEPARTMENT.
We are making great cuts In this line to close out
all winter goods. Suits, Overcoats ana Pants for men,
boys and children at prices far below value.
GLOAKS! CLOAKS.
We have about 75 Cloaks left, including Ladies’
and Misses Garments. They must be closed out as we
will not carry them over; you can take them at prices
that will please.
DRESSGOODS
We are using the same knife in Dress Goods, and
the prices are being caived to pieces. Tremendous
Bargains in all grades and styles.
Our Shoe Department
*
Is growing beautifully less. The prices are doing the
work. We shall cuntinue to use the knife by slicing
down prices on Ladies’, Gent’s and Children’s Shoes
below aH competition.
Visit our Store for Genuine Bargains.
PORTER & VAUGHAN
NO. 23.