Southern standard. (McMinnville, Tenn.) 1879-current, 1882-02-11
SOUTHERN GLEANINGS.

the case OF the United States, on relation OF
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
$4,000 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 q tax to
pay 1t 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 aud qualified. The statutes
require q Sheriff, when Justice OF the
Peace RESIGNS IN hold an elertinh IN fli
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 electorto
supply successor, but until his successor
Is qualified the reslgning 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
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 Lauderdae 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
a 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
ject 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 4
Co. and against Macliea. After determined
ana protracted litigation, Fraser Trenholm 4
Co. were driven into bankruptcy, MS their
whole business was destroyed and their credit
broken by the approximations created in the
mercantile world of the result of the cnor-
nous claims hanging over them, when they
really owed little or nothing, and think the
United states ultimately recovered few
thousand dollars a. compromise. MacRea
proved in his case that he had rendered full
ana faithful account to the Confederate Gov
eminent of the entire proceeds Ot the loan, in
payment ot supplies and munitions of war to
the vsrious commssariat and quarterrnas-
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
ance found due in his favor"
Circuit Judge Pardee, 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 penlente lite by Jus
tice Wood, restraining the Commissioner
from issuing land certificates or patents tC
any one except the compliments for lands
within the bounds Of Mercer Colony. The
Judge refused all other relief sought, in
Guiding 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 Il
writs to the courts commanding them t
perform official acts, or restraining or en-
joining them from the performance of any
act. 1t is surmised that the decree is OF nc
value to compliments, as there is no vacant
land in the colony limits, aid the decree
seems to contemplate no interference will
holders Of land in the colony whose title!
were complete from the State when the
temporary injunction was instituted. TIL,
State will carry the matter TO the United
States Supreme Court.
In the recent report of the Presiden
of the st. Louis Merchants Exchange it i
sta ed that the shipments by river last yea
equaled SS4, OPS tons, or 49, 500 tons less thai
The previous year, or only $1,000 tons NOR
than were moved in 1872. "The loss in rive
shipments seems strangely at variance witt
the improvements Of bsrges and other APP
planes in transportation which have gainet
such popular ty for the Mississippi. TIL
, loss can be fairly ascribed to the result Q
r speculation and deficient harvests, (which in
duced high prices and enbargoed all ex
: ports Of produce.
. The steamer Drouillard encountered
terrific storm on the Ohio In recent tri
from Cairo to Nashville, waves running tie
feet high frequently sweeping the deck
The steamer was beat about and often blow
toward the woods, with no place to Ian
l within five miles. Had she not been nev
: boat she would have been torn to pieces b
j the gale and sunk. The officers said the
had never seen such floods in all their eX
. perience. They could only make fourland
4 ings between the mouth OF the river an
. Clarksvile, and then under the Bluffs.
, Dionycio Garcia, a postal messenge
= at Laredo, Texas, and Fernando Carols
e employed in a newspaper office, have bee
g arrested for stealing eight hundred letter
d Fletcher Emmett, a desperate moor
IL sinner in the mountains Of Tennessee, hi
a been Sentenced to the Penitentiary for twer
Il ty years.
: John Richmond, aged 20, residing
Trimble County, Kentucky, has been al
u rested charged with inhuman cruelty to h
v fathnr mother and sistars'