The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1882-02-11
SOUTHERN GLEANINGS.

Lucinda Walb, VS.. the Justices of Lauder
dale County, Tenn, Judge shelby Ham
mond delivering the opinion. The plaintiff
recovered judgment against the county for
SIS. 900 on bonds issued in aid of the old
Memphis & Paducah Railroad, which was
affirmed by the Supreme Court of the United
States. A peremptory mandamus was issued
requiring the County Court to levy tax TO
pay it and the Justices all resigned to evade
obeyance TO writ. They were arraigned 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
or appointed and qualified. The statutes
require Sheriff, when a 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 UNI
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 electorto
supply a successor, but until his successor
l. qualified the resigning officer must con-
tinue in the discharge OF his duties. This
was a 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 il 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 Lauderdale 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 friend in New
York City, Judah p. Benjamin, on the sub.
iect Of Confederate bonds, says:
| "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 &
| 90 and against MacRea. After determined
| and protracted litigation, Fraser, Trenholm &
! Co were driven into bankruptcy, as their
| whole business was destroyed and their credit
| broken by the apprehensions created in the
mercantile 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
N n N nor NiGn npIln 40
proved in his case that he had rendered u full
and faithful account to the Confederate Gov
| eminent of the entire proceeds of the loan, in
payment OF supplies and munitions of war to
| the various commissariat and quartermas-
| ters officers in this country, and of the cou-
pons on the bonds, but he was ready to rem
der his accounts over again If the United
| States would agree to reimburse him any bal.
once found due in his favor"
Circuit Judge Pardre, of the United
States Court, in the case of Mercer Colony
against the Commissioner Of the General
Land Office OF Texas, decided to perpetuate
the injunction granted pendente lite by JUS
tice Wood, restraining the Commissioner
from issuing land certificates or patents to
any one except the compliments for lands
within the bounds Of Mercer Colony. The
Judge refused all other relief sought, in
Guiding a mandamus requiring an issue of
land script to compliments within and
without the colony limits. The significance
of the decision is that the Supreme Court of
the State has decided that the Land Com
missioner and other heads Of departments
OF the State Government are not subject to
wits 10 the courts commanding them to
perform official acts, or restraining or en-
Joining them from the performance Of any
act. 1t is surmised that the decree is Of no
| tl,a,o ;,
land in the colony limits, and the decree
seems to contemplate no interference with
holders of land in the colony whose titles
were complete from the State when the
temporary injunction was instituted. The
State will carry the matter to the United
States Supreme Court.
In the recent report of the President
of the st. Louis Merchants Exchange it Is
stat ed that the shipments by river last year
equaled SS4, ops tons, or 173, 500 tons less than
the previous year, or only $4,000 tons more
than were moved in 1872. "The loss in river
shipments seems strangely at variance with
the improvements of barges and other APP
planes in transportation which have gained
such popularity for the Mississippi. The
loss can he fairly ascribed to the result OF
speculation and deficient harvests, which in =
duced high prices and embargoed all ex-
ports Of produce.
The steamer Drouillard encountered a
terrific storm on the Ohio in recent trip
from Cairo to Nashville, waves running ten
feet high frequently sweeping the decks.
The steamer was beat about and often blown
toward the woods, wi h no place to land
. within five miles. Had she not been new
boat she would have been torn to pieces by