The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-11-13


eial circles there. On April 3, 1871, both
gentlemen being then in New York, Smith
wrote fully TO Lindsay in bitter self re-
proach. Il can only say he wrote, that
you and the public judge me harshly,
[ will have to bear il - To the editor w
B. Figures. of the Huntsville Advocate,
he wrote inclosing a copy of his letter
to Lindsay: II admit that if | had at
tended strictly to Endorsement and issue
of these bonds that all this never would
have occurred"
Governor Lindsay disappointed the peo-
pie II published an explanation that fell
far short of presenting his course in a
favorable light. a committee of the dem
ocratic house of representatives rebuked
and condemned him in most severe terms.
Governor Smith had set before him the
fact that several banking houses of New
York had conspired with Stanton to pro-
cure the fraudulent Endorsement of the
bonds but he took no proper heed of
the warning.
The house committee found Governor
Lindsay without authority of law mad
loaned the Montgomery and Eufaula rail-
road money out of the state treasury on
certain personal security to pay the in
terest on the bonds of the state. lie
had indorsed the bonds of the Memphis
and Selma railroad to $4,000 the mile,
where the law limited him to $4,000.
In some irregular way, unknown to the
committee, the governor became pos
sessed of a copy of its report before the
document reached the house. He lost
no time by special message in rebuking
the members and assailing their facts
and conclusions The chairman b. B.
Lewis, addressed the house in spirited de-
Tense, questioning the governors right
The democratic victory of 1870 seemed
to have turned to ashes. The flash of
light that had broken through the rent
| In fba do SII-
preme court in the hands of the revolu-
tionists proceeded to the limit of their
propa ganda. Burns, d justice of the
peace of Mobile, performed the ceremony
that united negro man TO a white wom-
an. In various parts of the state mis-
cegenation was in open practice, claim
ing to be protected by the civil rights leg
islation of Congress and the fourteenth
amendment, and justified in the license of
general revolution.
Burns was indicted by the grand jury
under the Walker white mans code of
1867, that had been adopted by the Smith
| or congressional legislation. Conviction
followed and the offender went to jail.
On appeal, the supreme court Saffold
| rendering the degree, reversed the case.
The associate justice said. Marriage is
a civil contract, and in that character Is
alone dealt with by municipal law. The
| same right to make a contract as is en-
l
| to make any contract which a white cit
izen may make"
In Butler county a negro, Green, was
| married to Atkinsonl a white woman,
| and convicted, also under the code OF
| 1867. This case reached the court above
| after the election that changed the char
acter of the tribunal Justice Manning
pronouncing the decree, now said:
| Doubtless it marriage) is by contract
| that is, by agreement of fhe parties-that
they enter into the marriage state. :.
| According to Judge Store marriage is
not treated as a mere contract between
the parties, subject to its continuance. dis
| solution and effects, to their pleasure
and intentions. But 1t Is created as a
civil institution, the most important and
interesting in its nature of any In So
Getty
The Burns case was reversed.
Later Chief Justice Stone said: 1.-THE re-
suit of intermarriage may be the ANAL
gamation of two races, producing a mon
grel population and a degraded civiliza-
| ton, the prevention of which Is dictated
by a sound public policy affecting the
highest interest of society and govern
ment" In ali cases when the reformed
court reversed Saffold, in the Burns case,
the guilty were recommended to executive
clemency
other examples of degraded judicial ac-
| ton alarmed the people. Three white
men were arrested by the sheriff of Ell
more county and lodged in jail charged
with being members of the Ku klux
| Klan that had committed murder four or
five years before. Judge Busteed of the
federal court sent the United States mar
shall to Wetumpka, where he entered the
jail, took the state prisoners into GUS
| tody away from the state and transferred
them to Montgomery under an entirely
different charge. The same men were
Ill int rfa oil
ton at some past time. Governor Lind
| say addressed letter of remonstrance
to the federal district judge. The judge
made spirited reply. He would see that
1.-THE supremacy of the national authori-
ty'' did not quail
Later Busted opened his court at
| Huntsville He ordered a platoon from
the garrison there to stand, with fixed
| bayonets, at the door. The marshal stood
by and as each citizen advanced to en-
ter he was searched for arms. Moore, a
citizen, defendant in a case of simple
battery was convicted, fined $1,000 and
! sentenced to the penitentlary of New York
for term of 10 years. Boyce, defendant
on the same case. was fined the same sum
| and sentenced for seven years to the
same remote prison Peace on like
charge. was fined $3.50 and sentenced for
FIVE years to the New York penitentiary.
Judge Busteed took the recently estab-
| lished railroad train from Selma to
| Montgomery and seated himself in the
! car assigned to negro passengers on their
| way to the republican state convention. On
| the contrary the judges valet took a
| seat in the white peoples car The con-
| ductor a spirited young man, ordered the
| negro to join his master in the negro car
/ The fellow point blank declined to move
| his seat. The judge heard the loud talk
and with crowd of negro delegates at
his heels rushed forward in lead of fol-
| lowers armed with knives, pistols and
sticks, set upon the conductor
| Charges were now preferred against
| the Judge. "a He had never abandoned
] residence on Staten Island CD he settled
| Judgment against himself by ordering the
! marshal to pay it $4,000 out of the fine
and forfeiture fund. CD he was bribed in
/ the sum of $500 to throw the Selma and
| Meridian railroad into bankruptcy, "a he
| obtained custody of 100000 Alabama in
| dorsed bonds in the Alabama and Chat
tanooga railroad case. which he had sold
| on his private account, receiving $50, 600
cash. The judge of the United States
| district court resigned before impeached
JOHN WITHERSPOON DuBoSE.
, love her-but they ARE-"Catty" there's
no denying it--those leopards.
Madame Vallecta seems like Lola