The Georgia record. (Atlanta, GA.) 1899-19??, July 01, 1899, Image 2

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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.