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THE ATLANTA GEORGIAN AND NEWS. —— THURSDAY, MAY 23, 190T. RULES OFEXCHANGE PROVIDED REMEDY DECLAIM REFEREE Ruslunore Held That Price Could Have Availed Him self of Privilege. By EDWARD S. LUTHER. New York. Majr a.—In a swooping dscl Sion. Hoferos 1'barlss F. Rn«hmore. whom th* on promo court referred the lltlga tlon bronght by Theodora H. Price against the New York Cotton Exchange, yesterday threw Mr. Prlce'a entire action out of court on the ground that he lacked a cause of ae tfOB. In granting the motion of Henry W. Taft, coaoaal for the Cotton Exchange, and dis missing the Price salt. Mr. Unshmore laid particular etteaa on the fact that the rules of the New York Cotton Exchange pro vided a remedy for the correction of er rors In classification of cotton, and the ref eree also called attention to the fact that this remedy could l*e availed of by Mr. Price, la purchasing cotton contracts through change's system of classification, and ft also iheld tna r Referee Held. ■ he referee's opl had shown no Irrepornlde to hltnseff* ■ - — - the exchf It was held that an exchange cfn sol flea tlon committee should not he granted because of the apprehen sions of auy person aa to what might be done In tbe future. The New York Cotton Bxchanga, accord- Inr to Mr. Ituahmore'a opinion, la nn aaao- elation of merchants formed for the ad vancement of bualnesa facilities and does I not constitute a monopoly of tbe cotton K ^Hde. He held that no person la nurcbks- ■■ cotton through the Cotton Exchange of necessity, but only for convenience, and In all cases with full knowledge and accept ance of the rules of the exchange, lie showed that no conditions existed which | would prevent n purchaser from Ignoring eliango and purchaelug directly from from any one eleej ... _nnivmc * — “ complal reasonable Intendment I Referee Ruahmore In bla opinion. "It ap pears that a cause of action does not exlnt, the court has no discretion, and ahouhl not try a mere barren Imho which can be pro ductive of no fruit In the end." Referred to a Referee. _ On Saturday morning, May 4. Mr. Price had his attorney call up the attorney for the exchange and proposed to abandon bla Injunction proceeding* If the Ckrhnnge |would coueent to an Immediate hearing of ^Mtc. To this the ox-1 May « case was iis referee, hearing was begun, PImpIei, bolls, eruptions, eczema or ult rheant, scrofula, are radi cally and permanently cared by Hood’s Sarsaparilla Liquid or tablets, 100 Doses One Dollar. n. m. wooLUhr. m. jx ta,ha. Office 104 N.Fnrorfl*ru* Awnings For stores, Office*, Residence*, Public ^ menu- put up. srantoet Lowest prices. Phone or write tor estimates. J. M. HIGH CO. Atlanta. Ga. CONCAVED, HONED AND Called for and delivered. HEALEY BAi.BERS’ SUPPLY CO., Both Phonea—No. 1 N. Forsyth 8t. the < the i the case (n> change ogre sent t«* Mr. On May 1J Mr. Taft me ground that chases of ct change, am NEED A FENCE? Page Fence Erected. Cheaper Than Wood W. J. DABNEY IMP. GO., 96, 98 and 100 8o. Forsyth Street. CENTRAL OF GEORGIA RAILWAY. Arrive From — ivanoab .... 7.00 am Aeksoovllls * 740 am lacon ........11.40 am 8.10 inn aeon Macon ■bspart To-fe Macon 11.40 Macon ........ LMV Jncksouvlllo ..t0,4Gnm Macon ........ 4.00 pm Jacksonville .. 8.30 pm hbranoab 9.18 pm .’IMU*.. .11. blmerlf ot I > hnit made hi. pur- Ibe ruin of tb. os- had failed to .Tilt provided by tb. ex- chance rule., for rcclaMincatlon eud for Is- dcmslty from It. In.pcetlon fund, ttiet no ciK for *u lajuuctlou hnd been ibown ■ ml Hint be hnd filled to show nn trreparn Me Injury, If uny. Thl. nioilvn of Mr. Taft w» .uililned by the referee tad Mr. PrcMdeut Tork Cotton tb. Price n< "Tb. efflr rban*e weri n Itubbnrd of the New In commenting upon unlit: lew York rollon Kv it nil Ilmen to leave urln to wide!) Mr. not to try thin Imue nownbupors. Wo feel that tbe rot- id. did not fully npprrrl.tr tbit tb. It* believed It owed n doty to Itaclf nod to the trade to determine whether any rnlt of thin rbarecler. tweed .Imply on tbe Iitlefntlon of eny operator In rotten, roiild be auetnlned, or wb.ther It wa. In tb. E r of. any operator to Interfere by e of e temporary Injunrtlon with " vy of Price l to tbe ton trm exchange Injunction wllh tb. nierrb.nt, and pi pin* eotton to tl„_ ontrncl. which they dnrera wbo B lrket to d d entered "It i, tin .tending tbe laMrsMed 'ssaoctati*a~ to the contrary, that tbene proeeedlus. were brought nolely for tb# purpose of affecting tb* gaarket.” Mr. Teft, connsel for the exchange, matin) that, In the word* of tb* “tb* r*M w*« not determine)! on t« tine, hot on fnndnmeutnl principle*' FUNERAL OF CAPTAIN PIFER HELD AT NEWBERRY, Special to The Georgian Newberry, 8. C, May II —The body of Captain Auguatu. 1'. lifer wag In- tarred in Roiemont cemetery with Ma- aonlc honors Tuesday morning at 10:14 o'clock. Captain Piter, until the death of General Lee. wa* cloaely ai.oclatad with the Confederate cotnmander-ln- chlef, serving throughout the Civil war as captain of hie personal staff, and atandlng with him nt the surrender. Captain lifer was also a well-known educator. A large number of people attended the funeral. W.rk Begins on Hotel. Special to The Georgian. Chattanooga, Tenn., May St.—Work has Ju.t been begun on the James hotel, a ilx-story structure which will be erected at the coiner or We»t Eighth and Chestnut *trw>*i. The plane pi vide for a modern, fire-proof building with all known conveniences for n ho- t*L The cost will be nlsuR W0O,SOD. C. E. Jams* Is the builder. Work In programing atcadlly on the Hotel Patten, which It to coat 31,000,- •00. SHIRTS -CXACT PROPORTIONS, TRUC SCAMS, PERFECT BUTTON* HOLES. EXCELLENCE IN EVERY DETAIL. UNEXCELLED FOR FIT AND WEAR. WHITE AND EXCLUSIVE FANCY FABRICS. CLUETT. PEABODY 4 CO. TEETH EXTRACTED positively without poln. 60c encli. Heat teeth 88. Money can not buy better.. 1* III LAD R Ll'HIA DENTAL BOOMS. No. » Whitehall at. PACIFIC FLEET LEADS IN TROPHIES Sandlego, Col., May IS.—Ships of the Pacific squadron. In target and torpedo practice, have Won the highest honqra of flic United State, navy for every class of which It contains a vemel. The cruiser Boston has won tha trophy ovtr cveiy ship In the entire navy for the highest general average made In target practice for thl* year. BALLARD BIFOCAL AND TORICOR CURVED LENSES have galnrd a reputation In two years no other firm In the entire Mouth haa made In a halt century. Not these tenues alone gave ue the lead, but op- Ural service In every way not usually found elsewhere. Ask any Atlanta man about Ua. WALTER BALLARD OPTICAL CO. 1b Peachtree-Street. GROUND HAS BEEN BROKEN FOR ODD FELLOWS' HALL. Special to The Georgian. Fltsgerald, Go., May 21.—Ground hab been broken for the Odd Fellows' building which Is to stand on the southwest comer of Main and Pine streets. The same will front feet on Main and 176 fret on Pine, end will be three stories: The lower floor will ha devoted mainly to busi ness rooms, the second story for an opera house and offices, while the third will be reserved wholly for lodge room, banquet room and clnb room, etc. MUSI CUT DOWN CITY'S EXPENSES TB MATCH FUNDS Finance Committee Grap ples with Problem of Income and Outgo. Brief Netbs Notes The antl.bucket shop bill. In Florida, which originated in the house, has been ted by the senate and will become a upon receiving the signature of the governor. The youthful explorers, Knud Ran susen and his sister, the letter 20 years of age. have started nn a perilous trip. They ara going to Smith sound to find an Esqutmo tribe which Is re puled to have never com* In contact with civilisation. A cablegram from Honolulu to the marine hospital service reports two deaths In one day from plague, and one new case of that disease. A report from Havana Is to th* ef fect that one yellow fever patient of the province of Mntanxas haa been re- received In the Havana hospital. tha Passengers arriving from La Union, Ralrador, declare that a strong revolu tionary movement ha* begun In that republic. Five hundred postal officials of th* state of New Tork attended a dinner given to George R. Cortelyou. now esc. rotary of the treasury, but formerly postmaster general of the United listen, nt the Hotel Aster, New Tork city. George Henry Pinch, known as the “father of th* house of commons,” hav ing represented Rutland In the house for forty years. Is dead. He wa* bom In 1815. Demurrage Suit Filed. Max Ioind, of c'ordel*. representing the T. P. Rushes Lumber Company, of ox county, he* filed a claim of ll.os* with the railroad commission against the Seaboard Air Line. It Is charged that the Seaboard failed to furnish cars for transporting lumber within the time prescribed by law. It will be heard at tha June session. The finance committee met Wednes day afternoon to'wrestle and grapple with the June apportionment sheet. After a careful search Into the treasury of the.clty, after hearing from the comptroller whet the necessary ex penditures for the last half of the year would be, and after calculating what the improvements already passed up. but not provided for In the January ar portlonment sheet amounted to, t! committee found that about 190,400 would have to be sliced off. The slicing process will begin In earnest at the next meeting of the com. mlttee, but the committee mode a be ginning on the North, avenue and the W. F. Blaton schools, the two new schools provided for toward the Jlrst of the year. The representatives of the school board wanted 1*0,000 on each school to begin on, but the committee would allow only *15.000. There Is on unex- pended balance of *4,000 on th* grounds for these schools, to the board really has (31.000. Tne lowest bid for the North avenue school was (IS.SOO. the contractor be Ing George A. Clayton. * Gudo Wnjker secured the con tract for the W. F. Slaton school at the corner of Grant and Pavilion streets, The estimated cost of the school. In' eluding architect's fee*. Is *40,800. Free Playgrounds. The flnanre committee decided to provide the necessary funds for free playground* for the children this sum. mer, th* proposition meeting with the practically unanimous support of the committee and council. A committee from the Associated Charities appeared on behalf of the school children, and urged that play, grounds be maintained. The question of paving Peachtree street from Sixth street to Fifteenth was again brought up by Councilman Harman, who Insisted that the work be don* this year, and not postponed until next year. Councilman Harman explained that the county had promised to do the pav Ing If the city, the street car company, and tho citizens woujd pay for the ma terial. The councilman said this would makt the cost to the city Itself only about (6,000, or one-third what It would bo otherwise. It Is possible that the committee will make the necessary provision tor the pavement. Contagious Disease Hospital. A delegation lroin the board of health appeared before th* committee to urgo an appropriation of about *15,000 for the purchase and equipment of a com modious building near the center of tho city which 'would be made a hospital for Infectious and contagious diseases. The plan Is to have the building ac- reeslble, but not where It would endan ger the health of any people. The finance committee seoms to look with favor upon the proposition to es tablish end maintain here such an In stitution. and the question will be d*a nltely settled at th* next meeting. OHIO DOCTORS RAP FORAKER Columbus. Ohio, May 3*.—Th# legl* lattve committee of tho Btste Medical Society of Ohio yesterday adopted res olutions to the efTect that 8enstor For- aker had been unfaithful to the inter ests of the people aa Represented by and through the medical profession, and that his defens* Is widely at vari ance with the facts: that at the pr< er time the specific facts should mad* public. 8TEPHEN8 HIGH 8CH00L CLOSES AT CRAWFORDVILLE' Special to The Georgian. Crawfordvllie, Go.. May 33.—Com mencement exercises of Stephens High School, of this place, closed Tuesday night. These annual exercises are al ways events of great Interest. The commencement sermon was preachet by Dr. Johnson, of Athens. The liter' ary address was delivered by Dr. Wil kinson, of Augusta. Those receiving diplomas were Misses Ulins Jackson, Vannle Wright, Mabel Mitchell. Mar cia Holden and Messrs. ICulos Port- wood and Fred Reid. Man Dies In Cell. Washington. May 3*.—Francis Hop- kins, a printer, was found dead In a cell at the station housa yesterday afternoon. He had been taken Into custody a ftw hours earlier by Police man Emmet, who placed a charge of Intoxication against him. The body was removed to the morgue. Maddox Place 8o!d. Colonel J. J. Maddox sold the old Maddox homestead Wednesday through Favor A Black. real estate agents, to Thomas Bradley for 118,040. Colonel Maddox, while regretting to part with the property, said It was considerably larger than he needed. Hr. Bradley Is well pleased wllh the purchase and thinks he has a bargain. Augustan* Join Army. Special to The Georgian. Augusta, Os.. May 3*.—A recruiting offlee for th* United States has been located hers for tha past few days and Is In charge of Lieutenant A. E. Baaa Large numbers of young men from this city hare applied for'admission and not a few have been chosen, although be- caused of physical Imperfections, large numbers have been turned down. Desperate Coughs Dangerous coughs. Extremely peril ous coughs. Coughs that rasp and tear the throat and lungs. Coughs that shake the whole body. You need a regular medicine, a doctor's medi cine, for such a cough. Ask your doctor about Ayer’s Cherry Pectoral. W. psSlI.S tha fbrmmU* J.C.XrarCo.. •f *11 ttir pwpflfUio—■UvalUUu. Dr. Lyon’s PERFECT Tooth Powde Cleanses and beautifies the teoth and purifies the breath. Used by people of refinement for over a quarter of a century, .Convenient for tourists. \ PREPARED BY/ WILL BE ENGAGE The Sham Battle Saturday Promises to Eclipse All Previous Affairs, The promise of the committee In charge of the arrangements, to make the tham battle next Saturday after noon the moet spectacular military dls. play In tha history of the Georgia mill' tary, bids fair to be realised. Captain I. T. Catron, chairman of the committee, has received a'numbef of letters and telegrams from company commanders throughout the state, and many of them have promised to bring their companies to Atlanta on Satur day and take part In the battle. The fact that the unveiling of the Gordon mpnument will take place on tho same day of th* sham battle Is in during many to come who would other wise not bo here, Among tho troops that will be en gaged In the battle as announced Thursday by Captain Catron are tho following: Mix companies of the Sec ond regiment from Macon and vlclnl ty. under command of Colonel Walter a. Harris; two troops of cavalry from Savannah, under command of Colonel Casscls; six .companies of cadets from the Stato University, under command of Lieutenant Kimbrough, of the United States army; four companies of Barnesvllle cadets, under command of Lieutenant Hearn, of the United Mtntes army; two companies of Marist College cadets; one troop of cavalry from Gainesville, under command of Captain Pilgrim: the Governor’s Horse Guard, tho Governor’s Light Artillery, the machine gun battery and’tho entire Fifth regiment. The total number of troops will be something over 3,000 men, or about twlee aa many aa have ever taken part In a sham battle In Atlanta. This number has not been “faked” by tha committee, as a purpose of advertising the affair, but It Is known positively that they will be present, with the pos slblllty of others who have not beet heard from also being In the line of battle. HEADACHES AND NEURALGIA FROM COLDS. LAXATIVE nitoiio quinine, th# world wide Cold and Grip remedy removes th* cause. Cell for full same. Look for ilgua lure B. W. GROVE. 2Sc. $21,000,000 LOST BY BAD PACKING OF RAW COTTON New Tork, May 33.—Methods packing and shipping cotton were criti cised by Benjamin Richards, In an ad dress before the National Fire Protec tive Association, yesterday, saying the packing of cotton In loosely woven Jute bags Is a frequent cause of Are. Without exception," he sold, "there Is no greater Are loss sustained today on any merchandise, whether oils, naptha, celluloid, gunpowder or dyna mite, while In the hands of the pro ducers, than there la on the cotton crop of the United State*. For the nineteen ears preceding 1903 the Are losses on raw cotton alone, not Including cotton In gin houses or mills, nor the damage to the building* In which the cotton was stored, amounts to over *21,000,- 000." EX-JUDGE PINCHED TO TEST LAW St. Patll, Minn., May S3.—Judge Guy Corliss, formerly state supreme court Justice, was placed under arrest today by consent of all parties In order to test the legality of the law creating the offlee of state temperance commis sioner. Judge Winchester refused to allow him to appear before the grand Jury. Judge Corliss appeared and was ad judged In contempt. EDWARDS’ TRIAL MAY BE POSTPONED Washington. May *3.—Owing to th# fact that Senor Garland, of the Pe ruvian legation, la still conflned to his bed. It Is probable that the hearing It the case against Colonel Charles Ed wards, accused by the police of stab bing the diplomat, will be postponed. two corporation! ASK FOR CHARTERS. Special to The Georgian. Montgomery, Ala-May 33.—The sec. retary of state haa been Informed of the organisation of the following cor porations: Alabama Land and Investment Com pany. of Montgomery, capital (75,000. Incorporator*: F. J. Glass, T. H. Moore, L. B. Farley. A. H. McNael. Thomas W. Martin. A. St Knowles, II. Davidson, C. G. Abercrombie. L. Strauss. W. C. Holt and C. P. Ander son. North Birmingham. Realty Company, capital *26,000. Incorporators: O. M. Bowers, W. B. Fowlkes, J. D. Dabney, E. M. Kilby and T. B. Perry. Birmingham Suburban Land Com pany. capital *10.000. Incorporators: W. J. Adams, A. It. Moody, J. M. Moore. A. A. Gaines and John T. Cochran*. Tig* Anderson Camp. Tlge Anderson camp of Confederate Veterans will leave on Tuesday. May 20. for Richmond to attend the reunion. The camp has named the following delegatee: R. 8. Osborn. H. H. Penny and H. M. Priseock; alternates, 8. Z. Dyer. S. H. Landrum and Joseph Al ford. Miss Jessie Anderson, of Annis ton, daughter of General Anderson, ho* been elected sponsor of the camp. OB. JOHN E. WHITE DELIVERS ADDRESS AT Five Thousand Delegates Attending Great Meet ing of Baptists. ' ' Norfolk, Va., May 33.—Five thousand delegates attended yesterday the open ing session at the Jamestown Exposi tion of tbe Baptist Convention of North America. The Northern Baptist convention, which has Just adjourned at Waahlngton, and the Southern Bap tist convention, which has Just ad journed at Richmond, came to Norfolk yesterday. The convention Includes Indian dele gates with th* right of tkg floor. Like wise negro delegates, this being the flrst Instance of the assembling togeth er of white and negro Baptists In the South. The convention was opened by ex- Govemor Montague, of Virginia, who delivered the address of welcome. Other addresses were made by Dr. E. V. Mul lins, president of the Southern Baptist Theological Seminary; Rev. Dr. O. P. Gifford, of Buffalo; Dr. W. J. Wil liams, of St. Louis, and Rev. Dr. John E. White, of Atlanta. . A concerted action developed yea. terday to bring to America In 1910 the World’s Baptist Alliance, which met In London In 1905. Foreign and home missionary work and the progress be ing made In It were the subjects of short addressrs by Rev. Thomas Bfir- bour. of Boston, assistant to Rev. H. C. Mablc. who Is now In China, celebrat ing the centennial of Baptist missions In that country, and Rev. R. J. Wil lingham, corresponding secretary of the Southern Baptist convention’s foreign mission board. GEORGIA PYTHIAN - CONVENTION CLOSES Atlanta Wins Third in Prize Drill Contest Wednes day Evening. Special to The Georgian. Balnbrldge. Ga.. May 3J.—The con vention of tho Grand Lodge of Pythlans closed here with the prlxe drill and steamboat excursion yesterday even ing. The resurt* of the drill were: Georgia No. l. Captain Davant, of Savannah, flrst; Tentonla No. 3. Captain Lalng, of Savannah, second; Georgia No. 18, of Atlanta,, third. The knights were enthusiastic over the hospitality extended to them, and It was one or XVfcfic table Prep arationfor As similating UveToodandBegula- ting the Stomachs and Bowels of Ini Ims OiunmiN Promote sDigesllon,Cheerful ness and Rest.Contal ns neither OpiumiMorphine nor Mineral. Not Nahc otic. tfOUTX-SAMVEL PITCHER Ptmmpkm SmU" JtMUSJk- Amtt&nd * &SS&L*. HirmSMd- ilBgraiStSreT ApcrfecI Remedy forConstipa- tion, SourStomach.Diarrhoea, Worms,Convutsions.Feverish- oess and LOSS OF SLEEP. Facsimile Signature of NEW YORK. EXACT C0PVDP WRAPPED. CASTOMA For Infants and Children. The Kind You Have Always Bought Bears the Signature of For Over Thirty Years tUC CEWTAUW OOflUMfira MCW YORK CITY. declare i > most success. - ... _ _ .JIS ful convention ever held by the Pyth Ian* of the South. The next convention of the grand lodge meets In Savannah. PRISONERS WOUNDED IN “MAN HUNT.” Toledo, Ohio, May 23.—"Fox and Hounds," In which human quarry was I he game, was played about Toledo last night resulting In a man hunt for flf- toen desperate escaped prisoners from the work house. Heavy rains Impeded the authorities, ho pursued In automobiles, auto-cy cles and on horseback. Posses In out lying villages guarded wagon roads searched passing trains. This morning eight have been apprehended and tho gearch goes on. Two were wounded In Itched battle between themselves a posse. GEORGIA INVENTORS GRANTED PATENTS Brannen & Anthony’s “ The Nearest Drug Store 9 9 With'our speoial attention to telephone orders and prompt delivery service, every family in this city can con sider ours “the nearest drug store." —TELEPHONE US- FOR ANYTHING THAT COMES FROM A -DRUG STORE, and for SAN FRANCISCO THREATENED WITH GREAT BEER FAMINE Washington, May 23.—R. W. Bishop, item attorney, reports the Issue of the 'ollowlng patents to residents of Ala bama and Georgia: Faucet, Albert Ullmann, Macon, Ga.: car cljute, C. L. Spurlln. Easley, Ala, assignor of one-half to W. H. Tharpe, Birmingham. Ala.; rail brace, R. C. Stevens. Heflin, Ala., assignor of one- half to R. D. 8t*vens, ram* place; tel ephone switch, J. 8. Alsobrook, Wood Station, Ga.; door hanger for car doers. R. C. Bullard. Bremen. Ga.; stove. Ju lius Rosenthal, Atlanta,, Go., assignor of one-half to Morris Lichtenstein, same place; back-hand for harness. “ W. Clendlnen, Dothan, Ala. Sen Francisco, Slay 23.—With the several strikes now on In this city there Is a noticeable absence of violence com pared to the number of men out The United Railways continues to run cars during tho daylight hours on most of Its main lines but the number of brick- throwers- and disturbers hss been re duced to a minimum. The striking car men are concentrat ing their efforts In a campaign to In duce the people not to ride on the cars and, It Is claimed, that the corporation The c\ty Is threatened with’ a beer famine aa the brewery workers are on strike and both brewers and strikers refuse to make any concessions. Un less some action Is token no more I’s- clAe coast beer will ho sold after the few days' supply on hand Is exhausted- and the drinking public will be forced to use eastern bottled beer. There Is little change In the tele phone situation, the striking girl opera tors still remaining out. That com pany la running a reduced service and claims to bo adding to Itk force dally. HUSBANDS CAN MOVE ABOUT AND WIVES MUST TAG ALONG New York. May 23.—Husbands can live where they please. If the wives don’t like It, they must keep quiet or tag along after the husbands. Justice Blschoff, In the supreme court, has so ruled In the case of Barah R. Levy, against Ernest Levy, and It cost Mrs. Levy 310 to And It out. Judge Blschoff ruled: "The huff- band has an Indisputable right to change his domicile ■» often as hl» pleasure, health or business dictate* though the wife may choose to live apart from him. excusably so, If the new domicil^. Imposes cruel anil rea sonably avoidable hardships upon her and that right cannot be diminished or Its exercise Impeded merely beesuss the wife so-wills.” . “The Household Surgeon 97 Dr. Porter’s Antiseptic Healing Oil A Household Surgi cal Dressing for all wounds, sores and skin diseases, whe ther slight or serious. ^ m m Relieves pain—antiseptically cleanses—quickly heals. t is sought after and continually used by all who give it a first trial. Nearly all Druggists now sell it. 25c.