St. Landry democrat. (Opelousas, La.) 1878-1894, 1882-02-11
SOUTHERN GLEANINGS.

| Sehtiy leHueIeu very important decision, III
the case of the United States, on rel,tion o
Lucinda Walb, VS.. the Justices of Lauder
dale County, Tenn, Judge Shelby Ham
mond delivering the opinion. The plaintiff
recovered judgment against the county fo
$2S. 900 on bonds issued in aid of the ole
Memphis u Paducah Railroad, which was
afhrmed by the Supreme Court of the United
States. A peremptory mandamus was issued
requiring the County Court to levy tax tc
pay it and the Justices all resigned to evade
obeyance TO writ. They were arraicned for
contempt on the ground that, notwithstand-
ing the resignation, they were still in Office
and bound to obey, because the Constitution
OF Tennessee provides that every officer shall
hold his office until his successor is elected
OF appointed and qualified. The statutes
! require Sheriff, when q Justice of the
Peace resigns, to hold an election to fill a
vacancy within ten days, but the Sheriff has
never held elections, because the people of
the county determined not to pay the
subscription, claiming that the bonds are
void and the railroad did not build the
road. Judge Hammond decides that I'M
der the Constitution no officer in Tennessee
can abandon his offices until his successor is
qualified. He may resign sub modo, to
authorize the appointing power or electort to
supply a successor, but until his successor
Is qualified the resigning officer must con-
tinue in the discharge of his duties. This
was rule OF common law, and has been re-
stored by the Constitution of 1870 to prevent
paralysis OF governmental agencies. The
Court withholds sentence of fine to the full
amount Of Judgment, distributed according
TO the ability 10 pay among the twenty three
resigning justices, and orders an alias man.
damus TO levy tax in April next, the reg
ular annual levy. This sentence will be
passed if there is any further disobedience
OF writ by Justices or their successors. This
is test case, and there are other judgments
to large amount against Lallderdale and
other counties. The effect of the decision is
to destroy all power to evade process of
court by resignation, and to furnish COM
plete remedy to enforce Judgment of courts
against defaulting counties in Tennessee
There is no appeal from the decision, as it is
criminal case, and the Justices will have
to obey the writ or go to Jail until it is done,
and pay fines and costs into the United
States Treasury.
In private letter to a friend in New
York City, Judah P. Benjamin, on the sub.
ject OF Confederate bonds, saws:
"At the close of the war the United States
Government, claiming the right to receive the
entire assets of the Confederate Government.
instituted suits against Fraser, Trenholm &
20: ana against MacRea After determined
ana protracted litigation. Fra ser, Trenholm & |
co. were driven into bankruptcy, as their !
Whole business was destroyed and their credit |
broken by the apprehensions created in the |
world of the result of the enor- |
nous claims hanging over them. when they |
really owed little or nothing. and think the |
United states ultimately recovered few
dollars us Il compromise MacRea |
proved in his case that ne had rendered n full
and faithful account to the Confederate Gov
efnment OF the entire proceeds Of the loan in
PAYMENT OF supplies and munitions of war to
me various commissariat and quarterfnas-
'ers' officers in this country, and of the cou-
ions on the bonds, but he was ready to rem
Ter his accounts over again if the United
states would agree to reimb lrse him anv bal.
snce found due in his favor
Circuit Judge Pardee, of the United
states Court, in the case of Mercer Colony
galnst the Commissioner Of the General
land Office Of Texas, decided to perpetuate
he injunction granted p enIente lite by JUS
Ice Wood, restraining the Commissioner
rom issuing llnd certificates or patents to
nv one except the complainants for lands
'ithin the bounds Of Mercer Colony. The
Judge refused all other relief sought, in
luding mandamus requiring an issue of
md script to complanants within and
'ithout the colony limits. The signifc ,nce
the decision is that the Supreme Court of
ne State has decided that the Land Com
Missioner and other heads Of departments
ths State Government are not subject to ]
ITS 10 The courts commanding them to
erforin official acts, or restraining or en- ]
lining them from the performance of any
e. 1t is surmised that the decree is of no
llue to complainants, as there is no vacant
nd in the colony limits, and the decree
'ems to contemplate no interference with {
oiders OF land in the colony whose titles !.
ere complete from the State when the i
mporary Injunction was instituted. The t
;ate will carry the matter to the United !
,ates Supreme Court. Il
In the recent report of the President !
the st. Louis Merchants Exchange it is
a'ed that the shipments by river last year 8
lualed ss4, O25 tons, or 173,50O tons less than Q
u previous year, OF Ouly 4o,uou GoHS moTo a
an were moved in 1872. 1.-THE loss in river i
ipments seems strangely at variance with q
e improvements of barges and other ap- i,
iances in transportation which have gained L
oh popularity for the Mississippi. The Il
SO can be fairly ascribed to the result Of ii
eculation and deficient harvests, which in 3,
iced high prices and enlarged all ex- O
rts Of produce. d
The steamer Drouillard encountered f.
rriic storm on the Ohio in recent trip t
I'm Cairo to Nashville, waves running ten m
It high frequently sweeping the decks. Il
le steamer was beat about and often blown n
ward the woods, with no place to land e.
thin five miles. Had she not been new Ia