Newspaper Page Text
SALUTATORY.
As one returning from a long ab
sence, I come now before the public,
with my most respectful bow, in the
threshold of journalism.
I present this paper for the public
welfare of Americans, and for Georgia,
and for Fulton county, and for At
lanta, and for our homes, and for the
interest and welfare of our people in
every position and condition of life.
Here is to your health and happiness.
I thus venture once more in my life
into the business and profession of
Journalism. Twenty-five years have
passed since I quit the duties and
pleasures of editorial work. Since
then many changes have occurred. I
have passed through many scenes of
peculiar phases. In an active prac
tice of the profession of law, during
all that period, I have not had time
for regular journalism, but I have oc
casionally contributed something to
the press on the topics of the times,
or else in away of pastime on some
abstract subject. Withal, I have
never quite lost my love of journal
ism, and the interest which always
lingers with one who has been in it.
“I take my pen in hand at the present
time,” in a feeling of pleasure of re
turn to the old love. I greet the older
members of the Georgia Press as my
former brethren. The younger mem
bers, who have come up into the
“fourth estate” since my connection
with it, as those who may be of a new
generation, I salute with good cheer
and courtesy for the Craft, and as the
Scotchman said in a toast to himself
and his son, “Here is to our ane
selves; there’s nane like us. ”
In making this venture, I do not
contemplate giving up my legal work.
I shall continue in that, unless I may
find myself “pressed” out by my du
ties in this work. I have calculated
how to carry on my venture as well as
my practice, and have made my ar
rangements for both. With energy
and system, and with reliable assist
ance, I hope to succeed, and so I
launch this craft on the sea of journal
ism as The Georgia Record.
My purpose is to conduct a journal
to the welfare comfort of
people. I ftiall consider such
welfare from my own views on subjects
of public interest. I will
“Endeavor to approve the best,
And follow what I approve.” *
My views are to be reflected from a
purely independent standpoint. In
national affairs I intend to take such
view and advocate such measures as I
believe will be the best for the general
welfare of the country. lam in favor
of protection for American industries,
for American labor, and for American
products. lam in favor of both silver
and gold as American money, as the
medium of exchange for the commodi
fies and products of our own country.
I will also give special attention to
matters concerning the Southern Con
federacy and history of the civil war,
and to reports of proceedings of the
Georgia camps of Confederate Vete
rans, Daughters of the Confederacy,
and Sons of Confederate Veterans.
On this line we invite correspondence
of their secretaries.
Here is to all for the benefit of all.
Here is to the north for good feeling,
fellowship and fraternity. .Here is to
the south for good luck in the progres
sive development of her resources and
the maintenance of the industrial and
agricultural enterprises of our people.
Success for the south. “In Dixie’s
land I take my stand, to live and die
in Dixie.” Here is to Georgia, my
beloved native state. May she live
long and prosper. My heart throbs
always in sincere sympathy and good
wishes for her success and advance
ment. Here is to Fulton county and
all her people. May our farmers from
their fine fields always harvest abundant
yields, and may our beautiful flowers
of spring be followed by bountiful
fruits of summer and autumn. Here
is to Atlanta, our pride as a city. May
she continue to flourish and may all
of her citizens have steady and profit
able employment and keep healthy
and grow wealthy. Here is to busi
ness, and all I ask is a helping
hand and good will. If my opinions
and efforts cannot have the approval
of others, I only ask the sympathy of
their silence, and let them sit steady
in their seats while I “paddle my own
canoe.” Here is to our good and no
ble women, always kind and generous.
Here is to their pretty and smart chil
dren, and may they grow prettier and
better as they grow older and wiser.
May all of us have the blessings and
protection of' a benign Providence
while w r e sojourn here in life, and
when we shall go hence, down into the
dark shadows and valley of death, may
we be able to leave in the minds of
those who know us and survive us, a
good will and the praise of faithful
ness to our duties, to our country, and
to God.
Very Cordially Yours,
Robert L. Rodgers.
_ SIUJ-BJ. I -
SUPPLEMENTARY PROCESS.
(Continued From First Pagp.)
judge or justice of the court, to be
made and passed in such case, and if
such property shall be sold by order
of the judge or justice, the proceeds
shall be held for proper distribution
and application under the proper order
of the court, and if it shall appear
that the money or property is subject
to the suit, or judgment, or execution
in the case, the judge or justice may
order that the money or proceeds of
shall be held to await the decision or
judgment in the case pending, or that
such fund shall be applied
as credit or full satisfaction of the
judgment or execution on which the
special proceeding is instituted or
founded, and it shall be the duty of
the judge, or clerk, or justice to make
or cause to be made, proper entries on
the minutes, or on the proper docket,
and on the execution itself, of
such credit, or of satisfaction, and if
there shall be and remain any surplus
of such fund,'after such satisfaction,
and the payment of all costs of suit,
judgment or execution, and special
proceeding, such surplus of funds
shall be paid over and returned to the
person or party defendant, or to whom
it may properly belong.
Section 11 —It is the intention and
purpose of the general assembly, by
this act to provide three remedies by
special proceedings of supplementary
process, either one of which may be
applied and instituted and pursued,
according to the circumstances of the
case and parties as herein provided as
follows:
First. An order or summons for the
examination of a debtor or defendant
in suit, on any cause of action arising
by contract, after the filing of suit and
before any judgment is rendered for or
obtained by the plaintiff’ in suit.
Second. Ac order .or summons
for examination against a debtor
or defendant in any case after the ren
dition of a judgment for the plaintiff
or plaintiff’s against defendant or de
fendants in the judgment, either be
fore or after the issuing of an execu
tion, and before return, or payment or
settlement of execution.
Third—An examination after suit is
entered in cases on contract as herein
before specified, or after judgment is
rendered for plaintiff or plaintiffs, or
after execution is issued, special pro
ceeding may issue against any person,
or firm, or company, or corporation,
who has, or which has, or may have
any money, property, or effects belong
ing to or due to the defendant or de
fendants in the suit on contract, or to
defendant or defendants in the judg
ment rendered or execution issued in
any case whether ex-contractu or ex
delicto.
Section 12—The special proceeding
or supplementary process under the
third sub-division of the preceding
section may be pursued at the
option of the moving party, o» his
or her agent or attorney, either
alone, or simultaneously with
the special proceeding in either the
first or second subdivision of the pre
ceding section.
Sebtion 13 —Where money is paid
into court, or property or effects de
livered as prescribed and as provided
for in this Act, aud afterwards the
suit in court, or the special proceed
ing under this Act, shall be discon
tinued, or dismissed out of court, or
the judgment or execution in any case,
either ex-contractu or ex-delicto, shall
be satisfied or paid off', or become
dormant, without resorting to or ap
plying that money paid in, or proper
ty so delivered, or if a balance of the
money or a balance of the proceeds of
the property, or a part of the’ proper
ty, shall remain in the sheriff’s, or re
ceiver’s, or constable’s hands, after
satisfying the debt or paying off the
judgment or execution, and all the
costs aud expenses of the special pro
ceeding, the judge or justice shall
make and pass an order direc
ting the sheriff, or receiver, or
constable, as the case may be,
io pay the money, or deliver the prop
erty,so remaining in hand, to the debt
or or defendant in suit, judgment, or
execution, or to his or her heirs or le
gal representatives or surviving part
ner, or such other person as ’’appears
to be legally entitled thereto, upon
payment of the legal fees of the officers
of court, aud all other sums legally
chargeable against the said funds so
in hand.
Section 14—Where any money may
be held, or may be paid into court, un
der order of the judge or justice, or
property delivered as prescribed by
this statute, which money or property
may be claimed by any other person
who is not a party to such special pro
ceedings, such other person may inter
pose his or her claim on oath in the
usual way, as provided by law for
claim cases, and on giving bond and
good security as in claim cases, such
claimant may then become a party to
such special proceedings, and have
his or her rights of money or property
tried aud adjudicated as in
•ther claim cases, in like manner, as
now provided under existing laws for
•laims.
Section 15—Any special proceeding
under the supplementary process as
herein prescribed f>y this act, may be
discontinued at any time upon such
terms as justice may require, by an
appropriate order 4 of the judge or
justice of the court where the proceed
ing is instituted find pending, such
order to be made upon the written mo
tion or application of the moving or
proceeding creditor, or plaintiff in
judgment or execution, in the case
proceeding.
Section 16—Where such creditor or
plaintiff unreasonably delays or neg
lects to proceed or advance after in
stituting thp special proceeding, or
where it appears or her judg
ment or exeeu satisfied,
the proceedings XinTer this statute
may be dismissed, upon similar terms
as for a discontinuance, and by
a similar order, I made upon the
written motion or application of
the debtor or defendant in suit or
judgment or execution.
Section 17—Where an order has
been made appoint pg a receiver, or
extending a receivi rsl)ip>i n the course
of the special proceeding herein pro
vided for, notice of the application for
an order must be given, in such man
ner as the judge deems proper and
necessary, to all persons interested in
the receivership, as far as they can
conveniently be ascertained.
Section 18—The judge or justice may
make an order allowing the moving
oreditor in the special proceeding, or
the plaintiff a fixed sum as costs, con
sisting of his witnesses’ fees, and
other disbursements in or about such
special proceedings aud directing pay
ment to be made out of any money
which has come or may come, into the
control of the court, iu hands of the
sheriff, or receiver, or consta
ble, or may order that the
debtor, or defendant, shall pay
such sum of costs and expenses
within a specified time, as the ends of
justice and condition of the parties
may seem to justify or require.
Section 19—Where the debtor or
defendant in judgment or execution,
or other- peresc , W'g«ilwt--whom the
special proceeding (may be instituted,
has been examined, and there has
not been any monley or property or
effects discovered or ascertained iu the
course of the special proceeding, which
may be applicable to the payment of
the debt or to the credit or satisfaction
of the judgment or execution, the
judge or justice may make an order
allowing such debtor, or defendant, or
other person examined, a like sum of
costs as provided in preceding sec
tion, and directing the payment thereof
within a time specified iu the order by
the creditor or plaintiff’ in suit, or
judgment, or execution, or, except
where it may be allowed the
debtor or defendant out of any
money which has come or may come,
to the hands of the sheriff, or receiver,
or constable, for the creditor or plain
tiff.
Section 20-Any person who refuses,
or who, without good and sufficient
excuse, neglects to obey an order of a
judge or justice, made pursuant to
either of the last two preceding sec
tions, or to any other provision of this
act. and such order or summons has
been duly served, or proper notice has
been given, or an oral directiqp given
directly to him or her, by the judge or
justice in the course of the special pro
ceeding at the time aud place of con
ducting the examination and investi
gation, or to attend before the judge
or justice the command of
the order or summons, or subpoena,
duly served on him or her, may be
punished by the order of the judge or
justice, or by the court in which the
suit is pending, or judgment rendered
or execution issued, as for a contempt.
Section 21—Any person, or party,
or witness who may be examined in a
special proceeding as authorized by
this statute is not to be excused from
answering a question, or questions, on
the ground or reason that his or her
examination and answer or answers
will tend to expose or convict him or
her to or of the charge or commission
of a fraud, or to prove that he or she
has been a party, or privy, or witness
to, or knowing of, a conveyance, or
assignment, or sale, or gift, or trans
fer, or other disposition, or agreement
or contract for disposition of any
money or property or effects of any
kind, for any purpose, or .that he or
she, or another person, claims to be
entitled, as against the creditor or the
plaintiff in the suit, judgment, or exe
cution, or as against the sheriff, or a
receiver appointed or to be appointed,
or constable to hold money, or prop
erty, or effects derived from the
debtor or defendant, or derived
from or through any other person
acting .or holding for or in
behalf of such debtor or defendant,
or to be discharged from the payment
of a debt which was due to the debtor |
or defendant, or to any other person
for him or her, or in his or her behalf,
provided, however, that an answer oi
answers so made cannot be used or
admitted as evidence against the per
son so answering, in any other civil
or criminal action or prosecution, or
in any other special proceeding in an
other case, either civil or criminal, to
the detriment of, or for the convic
tion of, such person answering.
Section 22—Where a debt is in suit
against a firm or partnership, or judg
ment or execution is against a firm or
partnership, any one, or all, of the
members or co-partners of the firm or
partnership may be ordered or sum
moned, and reached by the special
proceeding, instituted and conducted
as prescribed in this Act, and any one,
or all, of such members or co-partners
of such firm or partnership may be or
dered or summoned to appear at the
same time and place, or at separate
and different times and places,
and may be required to answer
specially and fully, and separately,
as to any money, property, or effects
of such firm or partnership, and as to
the money, property, or effects of each
individual member or co-partner of
such firm or partnership, individually
and separately from the money, prop
erty, or effects of the firm or partner
ship.
Section 23---This statute is not to,
apply to public corporations, nor to
counties, nor to public officers of
either state or counties, in their cor
porate or official capacities, but
it shall apply to all private
corporations, to be reached by
proper service of orders or summons
or subpoenas or notices on any of the
officers or agents of such corporations,
and it is to apply to firms and part
nerships and to individuals, but it
shall not authorize the seizure of, nor
interference with, any property which
is exempt and has been duly and ex
pressly exempted aud set apart under
the homestead laws of this state,nor any
money choses in action or other proper
ty or effects held in trust by a legally
appointed aud duly qualified trustee
holding money, property, or effects,
for a cestui quo trust, where the trust
has been properly aud fairly created,
according to law, prior to the action,
or special proceeding, or where the
fund of money or the property or ef
fects so held in trust has been de
rived, or has proceeded, from a person
other than the debtor or the defendant
in suit, judgment, or execution, and is
not to apply to the earnings or wages
of the debtor or defendant in suit,
judgment, or execution, for his per
sonal services rendered within sixty
days nextrimmediately preceding the
commencement of the special proceed
ing, where it is made to appear clearly
aud satisfactorily by his own affidavit,
or by oral testimony given under oath,
that those earnings or wages are es
sential and specially necessary for the
use and maintenance of the debtor
himself, and of his family, if he
has any family, wholly or partial
ly supported by his or her labor, pro
vided that in such case such affidavit
of the debtor or defendant may be
traversed, or such oral testimony
may 'be rebutted, and upon an issue
being made and joined properly,
it may be referred for trial as now pro
vided by the law for the trial oi issues
in courts.
Section 24—This act shall not be
construed to repeal nor to operate to
the contrary or adversely to the at
tachment and garnishment laws of this
state, or to common Jaw or equitable
petitions and proceedings, but this is
to be construed as supplement
ary process to all the laws as
now existing for proceeding in suits
or cases at law, and co-operative
with the laws of judgments and exe
cutions, and as additional to the laws
concerning mesne and final process in
any of the courts, except as hereinbe
fore excepted as to the supreme court.
Section 25—Either party in such
special proceeding, when decision may
be rendered adversely, may and shall
have the usual right of appeal or cer
tiorari, in cases in the justice’s courts,
or county courts, as now provided by
law for such courts, or by direct
bill of exceptions when in the
superior courts or city courts, in like
manner as now provided by law, or as
may be hereafter prescribed for such
matters.
Section 26—Any law which is or
may be contrary to, and in conflict
with, the true intent, meaning and
purpose of this act is hereby repealed,
aud such shall not be operative against
the full force, effect and operation of
this act in any way, and this act
shall be taken to be, and to be
construed as, correlative to the law
as prescribed in section (1945 of old
code) 2687 of the code of 1895,
and as intended to carry into full ef
fect and operation the Paragraph 6,
of Section 2, of Article 1, of the Con
stitution of 1877.
The foregoing suggestions are of
fered for the benefit of the public and
commercial interests of the people of
Georgia. I invite other suggestions,
comments, and amendments.
Robert L. Rodgers.
Keep abreast of these stirring times by
subscribing for your home paper. The price
is itttle, and you cannot afford to be without
U.
A BIG FORCE
FOR GEN. OTIS
Administration Agrees Upon Plan
of Enlistments.
NEED 10,000 EXTRA VOLUNTEERS
Troops In Philippines Will Num
ber 50,000 When the Present
Rainy Season Ends.
A Washington special says: Secre
tary Alger, Adjutant General Corbin
and Colonel Bird, assistant quarter
master general in charge of transpor
tation,had a consultation with the pres
ident Wednesday relative to the ques
tion of reinforcements for General
Otis.
A definite decision has been reached
to continue recruiting men at all the
recruiting stations for service in the
Philippines and Secretary Alger said
when he left the white house, after the
conference, that General Otis would
have 50,000 men when the rainy sea
son closed for a resumption of active
operations.
There are seventy recruiting stations
in the United States and enlistments
are to be taken at all of these stations.
The enlistments are to be for service
in the regular army and recruits are
to be organized into regiments or as
signed to regiments already formed
after enlistment.
No organizations as such are to be
accepted, if sufficient recruits can be
obtained by regular enlistment.
A Difficulty Presented.
General Corbin said the enlistments
would be for three years, although the
law for the creation of the provisional
army of 35,000 in excess of the regular
army of 65,000 provides only for such
a force until 1901. Arrangements are
to be made at once for increasing the
transportation necessary to get these
additional troops to the Philippines.
The decision to re-enforce General
Otis by the end of the rainy season is
interpreted to mean that aggressive
campaigning will cease until the bad
■weather ends. Until that time opera
tions will probably be confined to oc
casional excursions to places in close
vicinity to lines where the
may have congregated in force. By
remaining quiescent under good shel
ter during the rainy season, it is hoped
the health of the troops will be con
served and the danger from climatic
fevers reduced to a minimum.
General Otis has cabled the war de
partment that he has the skeleton or
ganizations of two of the regiments
which it is proposed to raise in the
Philippines. At the war department
this is said to mean that General Otis
has the officers for these regiments se
lected and that they are ready to be
filled with enlisted men. How many
of these can be secured from the vol
unteer regiments now in the Philip
pines is not known.
It is stated at the war department
that the recruits now being enlisted
at the rate of 1,000 a week cannot be
used for the volunteer army provided
for in the act of March 2d,authorizing
35,000 men, although it would be an
easy matter to transfer these men with
their own consent to the volunteer
service if it should be determined to
raise additional troops.
Later in the day it was definitely de
cided to begin the enlistment for the
first volunteer service under the act of
last congress. The reports to the ad
jutant general based on the reports of
the recruiting officers and on close
estimates and to the nuniber of sol
diers in the Philippines and in each
command in Cuba and Porto Rico show
that the regular army is up to its full
authorized strength.
The additional soldiers needed must
be obtained under that section of the
act of congress authorizing the enlist
ment of volunteers. The officers scat
tered among the principal cities of the
country who have been enlisting reg
ulars only will be instructed imme
diately to prepare to enlist volunteers.
The present indications are that about
100,000 men will be wanted.
Volunteers will not be accepted in
organizations. Secretary Alger is de
termined to adhere to that rule.
A tfIRL OF GOLD
Will Be California’s Exhibit at the Paris-
Exposition.
A special from Denver says: The
Colorado Paris exposition commission
made a contract Monday with F. D.
Higbee, representative of one of the
large statue casting firms of the coun
try for a solid gold statue for exhibi
tion at the Paris exposition.
The design represents an np-to-date
girl, the figure of lifesize being cast in
solid gold, 18 karats fine, the cast with
its base being six feet, four inches in
height. It is estimated that a million
dollars’ worth of gold will be used.
The pedestal is to be of copper and:
pure silver.