The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-03-17
To HAVE GRAND JURY
PANEL WILL BE DRAWN BY JUDGE
SPEER TODAY.
IN UNITED STATES COURT.
WILL MEET AND RECEIVE COURTS
CHARGE ON MONDAY.

Yestcrday-SOme Interesting and
Important Decisions Rendered.
Criminal Cases Assigned.
The United States Circuit and Dis
trict Courts for the Eastern Division
| of the Southern District of Georgia
convened yesterday. The first days
| session of the courts was an interest
ing one, and a large volume of bust
ness was finally disposed Of. Judge
| Speer rendered reserved opinions in a
number of important cases, and as
signed civil and criminal cases for
trial.
Some of the criminal matters were
assigned for as late as April 1, so
that the session of the court will last
at least two weeks, with a probability
of an even longer session, since there
are several matters to be investigated
| by the grand jury which will in all
| probability necessitate the trial of the
| cases later in the session.
1t was decided yesterday to draw
the grand jury to-day or tomorrow,
so that the jurors may be served
! in time to report on the morning of the
23rd, next Monday. There are num-
| erous civil and criminal matters to
engage the attention of the petit jul
rors, but it was thought that, owing
to the small number of matters to be
investigated by the grand jury, it
might be more practicable to let these
matters await the action of the grand
| jury at the next term of court. The
| court said he would only draw the
grand jury if it became necessary.
Several of the defendants, charged
with grave offenses, are confined in
| Jail. For this reason the court Or
| dered the grand jury.
Judge Speer's Charge.
| AS soon as the jurors have been
| drawn the deputy marshals will begin
serving them. They will assemble next
Monday, at which time Judge Speer
will deliver his charge. The courts
words to the grand jury are always in
| tereSting and instructive, and mark
| ed by the attendance of many men,
bers of the bar and other citizens.
! Criminal cases were assigned yester-
day for the coming week, so that
| while the trials are being held the
| grand jury will be engaged in con-
| sfdering the matters submitted to
| them. United States Attorneys Aker,
| man and Leaken will be in charge of
these two criminal departments of the
court.
The reserved opinions of the court
| were read as soon as the court was
| opened. The principles of law involved
| in the cases and the stubbornness
| with which they were fought, made
the decision of the court of special in
| terest. In each of the four decisions
| the court rendered his opinion The
| question of whether a SASH door and
| blind mandatory could be properly
| considered a saw mill within the mean
| ing of the law, constituted a PROPOSE
ton, the determination of which was
| of considerable Importance to certain
| lien holders in the case of John GOSch,
| bankrupt. A portion of the decision of
| the court, designed to show the hum
| orous situation, which would result
from following the contention of the
lien holders to it's logical conclusion is
| as follows:
THE claim of lien on certain prop
erty is made on the ground that it
constitutes a saw mill within the
meaning of the statute. The business
of the bankrupt is that of a sash, door
| and blind mandatory. 1t will strain
the ordinary power of judicial con-
struction TO regard the business of the
bankrupt as a saw mill, if it must be
considered ejusdem generis with the
terms describing that enterprise in the
section of the code just quoted.
The Courts HumOr.
1T is not every vocation or occupa-
ton in which the saw is used which
| is for that reason a saw mill. To so
conclude might require a latitudinarian
construction which would include ev-
| erything from the monster mills manu-
| featuring lumber into sequoia gigantea
| on the Pacific slope to the hut of the
| peasant of the Black Forest engaged
| in shaping toys wherewith to delight
| the immature Imagination of children"
The intervention of J. w. Mcintyre
administrator in the case of the Central
| Trust Company, VS.. the Central Rail
| road and Banking Company, which
was argued at the last term of the
court, in which E. S. Elliott and W.
! r. Leaken represented the intervenor
and H. C. Cunningham, A. r. Lawton
| and L. M. Cunningham, Jr., appeared
for the defendant corporation, was de-
| cided adversely to the intervenor. This
| was an intervention brought against
| the defendant company to recover aC-
| crued dividends on certain shares of
| the capital stock of the Central Rail-
road and Banking Company, formerly
held by the intervenor's intestate.
On a previous hearing the amount
| due upon this claim was ascertained
by the court and a judgment granted
| therefor against the defendant COM
| pany, then known as the Central Rail-
road and Banking Company. After
| dividends had accrued the defendant
company became involved in litigation,
| the history of which is familiar to
| Georgians. The company was reor-
| ganized and a new charter granted to
it under the name of the Central of
| Georgia Railway Company. The object
of the intervention was to subject the
assets of the new company to this judg-
ment against the old company.
How Hot and Cold.
The court held that the intervenor
could not be allowed to blow both hot
and cold, and having entered into the
reorganization should be held to be
| bound by his action. Since all the
| debts of the corporation are not yet
paid, the intervenor so far from be-
ing entitled to recover from his asso-
ciates in the reorganization may, said
Judge Speer, consider himself as for
tunate if the values he may possess in
the new corporation are not subjected
to the payment of other claims.
The most intricate points of law
were involved in the litigation for the
| possession of a bale of cotton, the fight
being waged with as much determina-
ton by the representatives of the
| firms of Wood & Malone on the one
side and w. w. Gordon & Co, on the
other, as II the tile to Wall street
| was at issue. The trustee OF Woods
! a Malone was represented by w G.