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 The Supreme Court of Georgia.

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the common law, which holds it to be immoral or wrong for the putative father to make provision for his illegitimate child, whether that child be white or colored; or for the illegitimate offspring of such child, whatever the complexion of such offspring may be; or for any one who has lived in violation of the public law, and thereby become a criminal, either to a greater or less extent, unless that provision is the result of a previous under

standing, that led to the commission of the of fence, and induced a breach of the law and sound public policy of the State. "We have seen that such an understanding is not to be lightly inferred from facts and circum stances of doubtful im port and meaning, or which may admit of dif ferent constructions. — one consistent with, the other opposed to, un questioned policy. The legislature has not seen fit to declare that the ten dency of such provisions would be promotive of immorality, and would in duce the formation and continuance of such illicit cohabitation, and for that reason to prohibit them, as has been done by Judge Hall deliv the provision cited from HENRY KENT McCAV ered the opinion sus the Code of Louisiana. Whether such inhibition taining the will of David Dickson, — a cause cclebre f 78 Ga. would be good or bad policy, is not for us to de termine. The question is one upon which there 442), — by which a fortune, immense meas ured by local standards, passed from a white has existed, and still exists, a contrariety of opin testator, ignoring his white relatives, to the ion, as will be seen by what was said by Lumpkin, child of his negro concubine. The case is J„ in the case of Beall 1: Beall, cited above. And this being the case, its solution is entirely beyond strong proof that justice in the courts ot the scope and functions of the judicial department the South is color-blind. The following is of the government. If judges would avoid un a quotation from the decision : — certainty and fluctuations in the administration of

but can be solved by thorough and diligent labor. He was willing to perform it, and he expected it to yield adequate results; and with him it rarely failed to do so. His very name is a tradition of industry and learning. As long as the people of Georgia now living shall hear his name pro nounced, this characteristic of the man will rise up in their memory. "And with all his intellect and all his power, he had the simplicity of a child. He put on no airs, made no extravagant pre tensions, contested emi nence or pre-eminence with no man. He was content to stand upon his work and its results, and never urged himself into the foreground to attract attention. "The end came; ami no soldier falling in battle ever more truly perished for his country than did Judge Samuel Hall. He died in the public service and of the public service. The labor he performed for his country cost him his life. Those who know of his last work and his last illness* must without hesitation link them to gether as cause and effect."

"Tried by these rules, we cannot say that Dickson's will is unquestionably and beyond a doubt against public policy. We know of no con stitutional provision or statute, or any decisions of our courts, nor are we aware of any principle of

the law. and render it uniform and consistent, they should follow the admirable advice given by Lord Chancellor Bacon to a magistrate whom he was about to swear into office. ' Look to your books for the law, and not to your brain.' Above all,