The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-07-04

vate property for public use on pay
ment of just compensation is inherent
in sovereignty. Nearly all the state
| constitutions prohibit such taking
without just compensation and the
| statutes provide a due and orderly
| procedure in the taking. Several state
| constitutions place. limitation on the
! Legislature in this respect and the
| Fourteenth Amendment prohibits a
state taking without due process of
| law
Concerning the power of taxation
| aggrieved taxpayers have frequently
appealed to the Supreme Court of the
| United States for relief against state
| statutes on the ground that they offend
! against the due process of law provis-
| ion. That court through Justice
Harlan has said: In order to bring
taxation imposed by state within the
scope of the Fourteenth Amendment
| of the national constitution, the case
should be so clearly and palpably an
illegal encroachment upon private
rights as to leave no doubt that such
| taxation is really spoliaton under
guise of exercising the tax power.
THE decisions of the Supreme Court
show that the tendency of later years
| to assume that the Judicial Department
| of the government should review and
|
and executive authorities has receiv
ed little support from the United
| States Supreme Court considering the
| assaults upon taxing statutes of states
and the procedure hereunder"
| Action of State Governments.
| More and more every year is due
| process of law invoked by reason of
| it's place in the Fourteenth Amendment
| to challenge the action of state gov
| ernments, and the time cannot be pre-
dicted when such efforts will cease.
| 1T may be safely asserted that the
restraining power of the Fourteenth
| Amendment against the states will be
| exercised far more conservatively by
| that court of which every citizen is
| Justly proud, than it would were the
| exercise of it confined to the other
| powers of the national government
| II feel warranted in saying that valv
liable beyond comparison as has been
| the service of the Supreme Court of the
/ United States to the people, it never
i has been charged with greater re-
sponsibilty than that placed upon it by
| the adoption of the Fourteenth Amend
ment-a responsibility to the meeting
| of which it's individual members have
| practically devoted their supreme ener-
| gies, great abilities and broad scholar
! shin. keeping ever in mind-aS appears
| from the many opinions written-the
danger expressed by Mr.. Justice Mil
Ter of so far extending the Fourteenth
| Amendment as to fetter and degrade
the state governments.
Attendance Is Very Large.
There are more than 100 old mem
bers of the association present, and
/ about fifty new members have been
enrolled The attendance is the larg-
est ever known at a convention OF the
| association.
| At the morning session a committee
Of one from each congressional dis
trict was appointed to nominate ON
| GERS for the ensuing year. The cleo
tion followed Judge Parker's speech
this afternoon. The following officers
| were chosen:
! President, Hon. P. w. Meidrlm Oh
| Savannah. ,-
Talbotton: second vice president, j. j.
! Strickland, Athens; third vice presl-
| dent M. w. Beck, Griffin; fourth vice
| president w. NJ. Hammond, Thomas
! Vile: fifth vice president, w. X. REID
err, Cedartown.
| Chairman of Executive Committee,
| Reuben Arnold of Atlanta; secretary
| Orville A. Parker of Macon; treasurer
| y. d. Harrison of Atlanta, clerk OF the
| Supreme Court
Charges Against Joe Hall.
The Grievance Committee submitted
the following report with reference 10
| charges filed against Hon. Joe Hill Han
of Bibb: -
"The Committee upon Grievances
! hags leave TO submit the following re-
mort. specifications containing the
gravest charges against a member OF
tbe bar of the state have, within the
Iost d hours, been presented TO tne
| oo,,,,1ittee The lack of time within
| ,,htcb IN investigate, the absence OF
| two members of the committee, the IacI
| that a new committee VIII take our
Mace after tomorrow, the dlsqualln-
| cation of the chairman OF TINS com
| noi+tee who is the attorney OF recoru
of tho accused in litigation referred TO
| in one of the specifications, ana the
! decentralization of one other member
| cornne1 your committee to return TO
! tba secretary. the documents setting
| forth the grievances without conslueId-
| ton. " A., aov,
Roland Ellis, chairman OF me coln-
mittee. is the member disqualliieo
cause of being attorney Oh Ieco nSl,., "a
! Col. Hall in the Macon case re1erreu
I TO above. L., +ho
At the morning session to-day the
question of the relief Of the supreme
Court bv the establishment of a Court
of Appeals was discussed. The Legls-
lature will be strongly urged 10 pass
| a bill on this line which has been pre-
! pared. ,..
The address of President Burton
Smith on trusts and mOnopolies dellV-
cred Yesterday. was heard by more
LAWYERS than ever heard similar
speech to the association and MT.
| Smith is yet receiving Congratulations
on his magnificent effort.
TorrenS system Wanted.
The address of Col. Meldrim of Sa-
vannah last night on cicero" was also
declared to be a splendid effort ana
that popular lawyer is being warmly
| praised to-day.
To-night Judge George F. Gober OF
the Blue Ridge circuit delivered an
able address on Trial by jury ana
q Powell spoke Interestingly on
"Franchise Taxes.
A reception was rendered to the as
ISOLATION by Mrs. M. A. Lipscom0 NJ