The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-03
DEALING IN FUTURES ILLEGAL.
JUDGE sPEER DECIDES 1T A GAME
OF CHANCE.

Cant Johnston Wins His Case-Sev-
eraI Important Cases Set for To-
day, Among Them the Suits by the
Interstate Commerce Commission
to Compel Carriers to Comply With
the Commissions Orders Regard
ing Rate Rules.
In the United States Court yesterday the
argument in the case of Waldron & Tain
ter VS.. ]. H. Johnston was continued, and
when concluded, was passed upon by Judge
Speer. The decision terminated a litiga-
ton which has been in the court several
years
An interesting point is settled by the
ton futures is illegal by reason of being a
game of chance. Three thousand dollars
was advanced to Capt. Johnston on cotton
futures by the firm of Waldron & fainter,
after which they proceeded to recover the
amount in court on several grounds. The
case was referred to a special master, who
took the matter under consideration and
reported in favor of the plaintiffs, holding
in effect, that they had the right to re-
cover the amount The case, as it has been
argued by the counsel before Judge speer
the past two days, has been on exceptions
taken to the masters report.
At the conclusion of the argument,
which was made for the plaintiffs by Col.
William Garrard, and for the defendants
by Mr.. j. r. Saussy and Mr.. w. L. Clay,
Judge Speer ordered an entry to the effect
that after hearing arguments upon excep-
tons of law to the masters report, the
exceptions were sustained. The ground
upon which the courts opinion was based
was that dealing in cotton futures is le-
gally considered a game of chance and as
such cannot be adjudicated in the courts.
With the other matters which came up
was the admission of Mr.. Shelby Myrick
to practice in the United States Courts.
The motion to admit Mr.. Myrick was
made by Hon. Fleming G. dub gnon, with
whom he is associated. Mr.. Byrick came
to Savannah from Americas some time
ago, and is fast coming to the front as one
of the young attorneys of the local bar.
The first matter taken up to-day will
probably be charging the grand jury.
Heretofore it has always been the custom
to have the grand jury composed entirely
of old men. With the present jury, how
ever the case is altogether different and
for the first time during manv nast terms
of the court, Judge GSpeer viii confront a
grand iurv comnosed almost entirely of
young men who have never served before
Bv reason of This If will he necessarv m
make the charge more complete than If an
experienced jury were to serve. The long
err charge will necessarilv reo,1ire nnoTe
time than is ueua1I,, talon ~, IN tbis
feature of The courts duties Jndga snasr
will probahIv hove sor,etbine, - o., -,
cerninp iIleeai retai1ine ta,.soit,,,,r
and other vices of Which, tbo e-rs,,,d to
will have cognizance
Eriniehino tbis ~ oo,,n+ ,,,;,, -, -,
the reo7,ier docl Of Co.. tho 49, 49, :.
as follows. Scsr1a+ pros - $50 g.,
trail ana po,,jys,,Ia,. r,oiI,.o,s1 ~ -
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mission vs. Snni,'ti ~, oili
Texas Pacific RAILROAD
The Tpterstata co,.o..,1. ,,..,
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tba,, -,i,Io.o5 iie ciialse Is thd'
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or IN 49,. us aliu s'iol maui rul1'
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than fo,. Io,,oa IAN cases
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-, ~ me ne PROVISION claim
49, ~ y " Violaleu Is sec
u,bioh fo.h,a. wa 'I,s commerce
shn,.ta, ~ 49, oiu' q SIealel cnarse lor the
sor,a ~ a. az =, naui over the
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tbe ceora-i p,,,ol, ~ Iiiateu "ieh
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freigbt 81 ,oss -, - - naming =, :
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road "a, 80 r'.os a.,u 'Ie SeIiera II It'll
ana Sohat,,too i-,.e pu.ieI' ueneVa
eiaa,.o ~ a.I, i0.e Pol1ts' coh-