The Savannah morning news., 1903-04-09
1T WAS NO LOTTERY
so THE SUPREME COURT HOLDS
OF THE EQUITABLE.
JUDGE LUMPKIN REVERSED.
RECEIVERS SHOULD NOT HAVE
BEEN APPOINTED.

Opinion of the Supreme Court I'm
the Case Brought by p. A. Warning
nnh others Not Unanimous-COurts
Have no Right to Restrain Per-
SONS of sound Mind from Enter
ing Into an Unwise or Foolish
Contract, Such as the EquIta-
bIe's-AtIantn's News.
| ATLANTA, April S.-The Supreme Court
this afternoon, just before adjourning
for a two weeks vacation, rendered a
decision reversing Judge ]. H. Lump
kin of Fulton Superior Court in the
case of P. Aston Warng and others
against the Equitable Loan and Sc
curitE Co.
Judge Lumpkin held that the COM
pany's scheme was practically a lot
terry and was, therefore, illegal. He
appointed two receivers to take charge
of and administer the property.
The Supreme Court says the scheme
is not lottery, and that even though
the contract may be an unwise and
foolish one, it is not necessarily fraud
ulent The court holds that courts
of equity have no right to restrain
persons of sound mind from entering
into an unwise or foolish contract
when there are no evidences of fraud
in it.
The opinion covers 200 typewriter
pages, and the headnotes alone make
two and half columns in type. The
decision was rendered by majority
of one vote, being subscribed to by
Justices Cobb, Fish and Gambler, while
the dissenting opinions were rendered
by Chief Justice Simmons and Justice
Lamar, who consider the plan a lot
terry and illegal. The Supreme Court
holds the lower court did wrong in
| appointing receivers, and should not
have passed the order complained of.
There was much interest in the re-
| suit and many telephoned the Supreme
| Court this afternoon to find out what
had been done. Among the attorneys
who represented the PLAINTIFFS were
Messrs. George 7. and ]. F. Cam of
| Savannah.
Sims Greene County Farm.
| A. ]. Smith, representative of the
| Capital City National Bank, who ws mt
| to Greene county to make an inven-
tory Of the farm into which G. H.
Sims put the money stolen from the
bank, made his report to the bank
officials to-day. Mr.. Smith, at a con-
| sentative estimate, values the farm
| stock and improvements at S4S,097, and
states that more than $4,000 has been
spent there. He says the land is
worth over $4,000 the live stock &c.,
1853, the buildings more than 10000
and the machinery $3.50. A couple of
well-known Atlantans are talking CT
buying the farm as a private venture.
What is considered one of the most
! remarkable facts in connection with
the embezzlement of Sims is that during
the many years that he was connected
with the Capital City National Bank he
never lost day from sickness or any
other cause, but during every business
day he was at his place behind the coll
] lection window. Despite the great ner-
vous strain he was constantly under,
the young defaulter enjoyed excellent
health.
Storm in Atlanta.
The severe storm which ragged in
this section early this morning did
considerable damage IN the city.
Fences and chimneys suffered severe
ly, but the most noticeable work of
| the storm is at the Capitol grounds
where a section of the wall surround
ing the grounds, seventy-fve feet in
length, at the northeast corner, was
washed over onto the sidewalk This
wall was built around the entire
grounds with an appropriation secured
by Gov. Terrell when he was a mem
Der of the state Senate. Several of
the large capstones were broken and IL
will cost considerable to replace the
masonry. Gov. Terrell is of the
opinion that the wall was struck by
lightning.
Willard Lees Case.
The Supreme Court to-day reversed
the decision of the lower court in the
case of Willard Lee, condemned muir
derer of Miss Lila Suttles. Lees at
torney filed an affidavit to the effect
that he was insane. A demurrer by
the solicitor general to this affidavit
was sustained by Judge Roam of the
Criminal Superior Court. The Supreme
Court says the demurrer should have
been overruled, and that Lee is en-
titled to a trial of the question as to
whether he is or is not now insane.
Lee is getting uneasy in the Tower,
and is reported to have said he wished
that they would hang him, and be done
with it.
Order for Inspection.
Adjt. Gen. j. w. Robertson has just
received from the War Department at
Washington copies of the order relat-
ing to inspection of state militia, and
will distribute them among the Geor-
gia officers. This order directs the
department commanders to details i'm
spectors at once to the various states
to determine the strength of the various
militias, the arms they have, the num-
Der of magazine rifles to be issued.
whether they are properly uniformed
and equipped for active field service,
and other points to their general con-
ditions are sought.
1t is expected the new magazine
rifles will be issued Immediately after
the reports of these inspectors are
made.