Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1916-05-12
Decision in
Smith Estate
Case Friday
u. S Court of Appeals Ex-
pected to Render Decision on
Judge Speer'S Right to JuriS-
diCtion Over Estate

Replying TO the sensatinal charges
contained in the formal report of receiv-
ers appointed by the United States Judge
Emory Speer TO assume charge OF the
two and a half million dollar estate OF
the late James NJ. Smith, three of the
temporary receivers. filing their
answer Thursday afternoon with
Cook Clayton, clerk of the Uni
ted States court southern district,
/ nthe court room of the circuit court OF
appeals, make denials of many of the
charges and, otherwise, blame the re-
ceiVers themselves for failing TO com
ply with arrangements necessary for
the transfer of the estate to the hands
of the receiers.
The opinion of the United States cir
cult court of appeals, hearing arguments
on the right of the United States court
to assume jurisdiction of the estate and,
subsequently, the appointment by United
States District Judge Speer, at Macon OF
receivers to take charge of the estate
will be handed down probably Friday
morning soon after 10 o'clock. Conclud-
Ing arguments were heard Thursday
morning, after which Judge Don A. Par
dee, Judge r. W. Walker and Judge w.
I. Grubbs, went into deliberations of the
case. ordering an adjournment until 10
o'clock Friday.
The report. according TO the answer.
was mistaken and inaccurate" In some
statements. The administrators charge
that on May ., when the application for
an appeal was filed, the United states
court receivers mad not made bond nor
qualified. nor done any act whatever to-
ward taking possession OF the estate.
The temporary receivers, too they
state, were under the impression that
the question of transferring the estate
~ the
federal court receivers depended on the
decision of the court on appeals.
The report made only slight comment
to the charge as contained in the re-
ceiver's report that L. X. Smith, one
Of the temporary administrators, had
threatened to retain possession Of the
ectate and that Smith during a con-
troversy with ]. P. Briggs, appointed
by the receivers to take charge OF the
smith homestead, had fired his pistol
twice. -,
The temporary administrators said
that il was a personal difficulty between
smith and Briggs and that the admin
istrators regretted the incident very
much"
The answer further sets out that the
receivers had never properly executed
a formal receipt of cthe inventory OF
the property 10 the administrators
The answer also includes the clause
that there was mo unpleasantness nor
dificuIties whatsoever between the ao-
ministrators ana the receivers.
The report was signed by Andrew I.
Erwin. Judge David w. Meadows and
Nat d. Arnold.
| THURSDAYS concluding arguments IN
the appeal application were marked by
spicy talks by Attorneys ]. 5. James
and J. r. Bedgood, representing Cobb
countv heirs; Alexander c. King, or the
firm of King & Spalding, representing
the Zadok Smith claimants and the tenn
porary administrators. and Judge Hor-
ace NJ. Holden. of Athens, representing
the Zadok Smith claimants.
Judge Horace NJ. Holden, Of Athens,
former Justice Of the state supreme
court. representing the Zadok Smith
claimants. endeavored to refute charges
of Attorney ]. S. James, representing
cobb county heirs, and said:
'.The United States court statutes
prohibit the United States court from
enjoining proceedings Of the state
court. but in face of that Judge Speer,
on March 2, granted a restraining order
/ prohibiting the court of ordinary from
proceeding with the hearing for the
appointment of permanent receivers on
March 3, the very next day. But for
that illegal restraining order, perma-
nent administrators would have sup
planted the temporary administrators
and would have assumed charge of the
estate.
"If there had been an appeal from
the court of ordinary. that appeal
would have been heard in the Oglethorpe
superior court on March 90
THE plaintiffs in the bill in the
/ United States court have no right to
! take advantage for their own benefits
| of an illegal order sought by them"
/ Holding that the court of ordinary of
! Oglethorpe county had exclusive juris-
/ diction in the matter of administering
affairs of the Smith estate, because II
has been admitted that Smith died in
| Oglethorpe county Attorney King made
a fervent appeal for stay of the pro-
/ ceedings and the restoration to the all
ministrators OF the matter Of taking
charge of the estate.