The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1881-04-23
GAlbauy Law Journal.l
A GeOrgla Judge.


The Georgia reports are a year and a half be-
hind. But when we read Judge Bleckley' s
opinions, and reflect that we are reading the
last of them, we wish that these reports were
much more in arrear, so that we could
continue to be refreshed by the unfailing foun-
tain of his wisdom and humor.
In Hartman against First Bryan Baptist
Church, which involved breach of contract
to furnish steamboat for an excursion for the
society, the judge says: "a committeeman on
board was threatened with most profane form
of immersion"
In Kupperman against McGhee, he says:
"Trusts are children. of equity and in court of
equity they are at home-under the family
rooftree, and around the hearth of their ances-
tor"
In Nussbaum against Helibron, son car
ried on business in the name of his father be-
cause he felt that his own name was under a
mercantile cloud. AS Judge Bleckley ex-
presses it: According to the charges of the
bill the father had no capital, and the son no
character. The man without character car
ried on business in the name and upon the
credit of the man without capital
In Dee against Porter we find the following:
is affirmed upon theory of the case which did
not occur to the court which rem
dered it, or which did occur, and
was expressly repudiated. The hu-
stances it finds the truth when wholly unable
to find the way that leads to it.
"'The pupil of impulse, it forced him along,
His conduct still right, with his argument wrong;
Still aiming at honor, yet fearing to roam,'
The coachman was tipsy, the chariot drove home "
In Forester against State the defendant un-
dertook to evade the law against retailing in
toxicating liquors without a license, by having
his cook sell them in the kitchen. "In the de-
| fendant's kitchen, by his servant, in his pres
ence, and with his cooperation through the
| responses, Go to Mary, and Give the money
to Mary, the traffic was carried on. There is
little doubt that the defendant was the deity OF
this shrine, and that Mary was only the minis
terng priestess But if she was the divinity
and he her attendant spirit to warn thirsty
devotees where to drink, and at whose feet to
lay their tribute, he is amenable to the state as
the promoter of forbidden libations Whether
in these usurped rights he was serving Mary or
Mary him, may make difference with the
| gods and goddesses, but makes none with
men,"
In Lester against Lester the question was
about attaching husband for contempt in re-
| fusing to pay alimony. This is what the Judge
thought about it: ''If man. though having
health, will not work for the support of his
q
sumo direct control of his will and muscle and
| compel him to labor. To be idle (taking the
consequences) is one of the privileges of free
man, unless he Is convicted penalty of some of.
| fence and put to work as punishment. But
| while civil court cannot order an able-bodied
man to go to work, it can, in a proper case for
| alimony, order him to contribute so much mon
| ey at such and such times to the maintenance
| of his dependent family, and leave him to pro-
| vide the money by the free and voluntary exer-
else of his faculties, mental and physical, or by
| any other means at his command. The attach.
ment will bring the actual resources of the re-
| spondent to practical and decisive test. Pres
| sure is great concentration and developer OF
| force. Under the stress of an attachment even
| the vision of the respondent himself may be
cleared and frightened, so that he will discern
ways and means which were once hidden from
| him or seen Obscurely."
In speaking OF the power of amendment on
| appeal, in Burrus against Moore, he says: ecu
rative measures are not restricted to the early
| stages of a case; our court physicians now
| treat chronic disorders as we'll as acute Ones"
In Dodd against Middleton the Judge dis.
sented in the following terms: 'If could be
reinforced here by the votes, as am by the
! opinions Of the Supreme Judicial Court OF
| Massachusetts and the Court of Appeals of
New York. could easily put my brethren in
the minority; but, as it is, they are two against
one, and have no option but to yield to the
| force of numbers-in other words to the tyr.
amy of majorities.' Though twice beaten
| am still strong in the true faith, and am ready
to suffer for it (moderately) on all proper occa
! sions