The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-12-29
FILED A SUIT EVERY MONTH.
BENJAMIN F. CROSBY CLAIMED HIS
WAGES UNDER A CONTRACT.

isIasiOn-Re restraining order Grant
/ ed-Five Certiorari suits Filed
Superior Court Criminal Business.
The question OF juvenile labor for rail-
( road companies viii come up in Judge Fal-
ligant's court within few days
Benjamin F. Crosby, lad OF Is. signed
( the contract with the Central Of Georgia
Railway Company. under which the ap-
/ prentices are employed. and went 10 work
for the road Nov. !. 1885 He remained
with the road until July 10 1887. when he
was discharged without having served his
apprenticeship Of four years
The company claims he was discharged
because Of drunkenness and bad conduct,
but what his answer will be to this is not
known. At any rate, after his discharge.
he began fling suits against the Central
Of Georgia in the court Of Justice Richard
Wickham. He being under age. the suits
were fled by his mother. Mrs. Mary eros
by. in his behalf.
Since the date Of his discharge he has
fled il the justice court each month,
suit for his months salary, and it is said.
has announced his intention OF continuing
10 file these suits during the period
through which his apprenticeship would
have lasted. The first Of these suits was
for wages from July . 10 Aug. ., for 80.
-Four others followed these about a month
apart. each for 81. that being the amount
per month he was receiving.
One of the suits in which ne claimed so
due as back pay filed in Justice wick
hams court Aug. 9. and covering a period
from Aug. 20 1855. 70 July 10. 1897. was
tried by Justice Wlckham and decision.
rendered against the Central An appeal
was taken 10 d jury in the justice court
with the same result An application for
certiOrari was then made and granted. and
it was decided IN Judge Falligant's court
that The Judgment of the justice court be
reversed. and the case sent back there
for q new trial
On this account. and to avoid an accu-
mutation Of litigation in the matter the
Central Of Georgia Railway Company.
through its attorneys. Messrs Lawton &
Cunningham. filed a petition for injunction
in the superior court yesterday TIE facts
stated above were reeited in the petition,
and it was stated that should the defend
ant through his mother, continue 10 file
these suits there would be an unnecessary
/ accumulation of litigation in which The
costs would be much greater than would
be the case if the whole matter were dis
posed of at once.
II was stated in the petition of the Cen
trail that all of the caces involved the same
state Of facts. which had in part been
passed upon when the certiorari in the
other case was sustained. Ii was asked.
therefore, that The defendants be restrain
ed from filing further suits in Justice
Wickham's court or in any other justice
court and that the whole matter be passed
upon in the superior court al once.
Judge Failigant granted an order restrain
ing the defendants from fling any further
hn 4-Nfa nd 81
them TO show cause on Jan. 10 why they
should not be permanently restrained from
50 doing.
Attached to the petition is copy Of the
contract which an apprentice and bis
guardian or parent arc required 10 aign
II makes provision for the service of m
ncrs IT years of age for a period of four
years. or if they are under II, until they
arrive at their majority. They are re-
quired to serve each year $40 da-'s OF ten
hours each, and for the first year they re
ceive SIS per month. the second, $225]' the
third S27, and the fourth. S3l.5O
The contract provides that they be dis
charged for violations of the rules or for
improper conduct. L. requires also that
they improve themselves by reading and
drawing and by attending night school
when possible. Upon the completion Of
fun term of four years they are paid in
addition to their regular monthly salary
s24 for the first year. $50 for the second, $50
for the third and $42 for the fourth, max
ing a total of Sl32.
Crosby, il appears, was discharged, and
in his suits in the justice court he claimed
his monthly wages on the ground that he
was employed under a contract. The COM
pany claims it's right to discharge him
under certain circumstances, and refuses
of course TO pay the claims.
Through Messrs. Charlton, Mackall &
ri gftffc ha
court of Justice NJ. Naughtin We're fled
in &C. superior court yesterday for the Sa-
vannah Real Estate, Loan and Building
Company against IsaGore Silyerberg.
1t appears that The defendant sued the
company in Justice Naughtin's court upon
five certificates of its stock each repre-
senting ore share and on each certificate
a separate suit was brought. In each in
stance the suit was for $50. On the ground
that the paper was not simply stock
certificate. but was an evidence of indebt-
moss Justice Naughtn decided each case
in favor Of Mr.. Silverberg, giving him
judgment against the company on each
certificate for $50. Judge Falligant has d.
rected that the writ of certiorari issue in
each case, and the questions al issue, will
go before him.
In the case of Polignac Bourquin against
Gug.e Bourquin ejectment which on trial
was won by the Plaintiff, an amended mo-
ton for new trial was filed yesterday by
the defendant. The petition deals largely
with alleged errors on the part of the court
in charging the jury. OF in failing to
charge the jury in accordance with re-
quest.
In the certiorari case of ]. H. Cannon
against c. e. Dix. judgment was rendered
sustaining the certiorari and setting aside
the judgment Of The justice court. The
case was ordered back TO the justice court
for new trial
William Smith will be tried in the SUI
perior court to-day on a charge of murder.
The main witness in the case, Joe Hamil-
ton, is in Jail, and there is no danger of
his escaping. The facts of the case have
already been given in the Morning News.
Dan Smith indicted for burglary, it be-
ing charged that he made a felonious at
tempt to break into the dwelling house of
Lizzie Stevens on Oct. 6, pleaded guilty in
the superior court with punishment as for
misdemeanor and was sentenced 10 nav
fine Of 500, and costs or spend twelve
months on the chain-gang.
Joseph Harris, charged with assault with
intent murder on Dec ,,,o,,