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The Atlanta Georgian
SPOT COTTON.
Liverpool, easier; 8.93. Atlanta, noml-
Iona! showers Monday night and
Tuesday,”
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VOL. VL NO. 36.
TWEITY-FIVE
ATLANTA, GA., MONDAY, SEPTEMBER 16,1907.
PRTfilB* Atlanta: TWO CENTS.
ATJ.V4.VsOJ. 0n T r4 j M; five CENTS.
Mistake in Train Dis
patchers’ Orders
Causes Collision.
MANY WOMEN
• AMONG VICTIMS
Two Locomotives Meet On
Straight Track During
Early Morning Fog.
OO0O000000000000000000000g
0 FARMER FINDS MOTHER
0 MANGLED UNDER WRECK.
<1
C West Canaan, N. H., Sept 18.—
O Benjamin Briggs, a West Canaan
0 farmer, was one of the first at
0 the scene of the wreck, and two
O hours later he drew out the body
0 of a woman. On turning the 0
0 face, Mr. Briggs looked Into the
0 features of his mother, and al-
O most collapsed from grief. Mrs.
0 Briggs had been visiting friends 0
O In the North and was on her way
0 to Boston.
O0000000000000000000000000
West Canaan, N. H., Sept 16.—Twen
ty-flve persons are dead and more
than forty seriously injured, many of
whom will die as the result of the
head-on collision between the Quebec
express, carrying excursionists from
fair at Sherbrooks, Que.. and a fast
freight on the Boston and Maine rail,
road four miles north of Canaan. Most
of the victims were women.
Official List of Dead,
the official list of the dead and In
Jored furnished to The Hearst News
Service by the Boston and Maine rall-
rtad officials at Concord, follows:
Identified dead:
ANNIE BARRETT, Manchester,
N. H.
.MRS. E. K. BRIGGS, West Lebanon,
N H.
MRS. ADOLPH BOISVERT, Con
cord.
RICHARD CLARKSON. Lebanon,
N. H.
JOHN A. CONGDON. Bethel, Vt.
MISS GODFREY, Newark. N. J.
FRANK R. LOWE, Ipswich, Mass.
F. M. PHELPS. Ochiltree, Tex.
AUSTIN ROGERS, aged 8, Manches
ter. N. H.
TIMOTHY SHAUGHNESSY, Man
chester, N. H. *
M US, BRIDGET SHAUGHNESSY,
Manchester, N. H.
G. L. SOUTHWICK. Worcester,
Mass.
MRS. M. E. WARREN, Haverhill,
Mass.
There are the bodies of seven women,
four men and one boy still unidenti
fied.
List of Injured.
Following Is a-ilst of the Injured:
John Barrett, Manchester, N.
Miss Alice Barrlck, Manchester, N. H.;
E A, Bachelder, Somerville, Mass.;
Mr. and Mrs. William Beard, Manches
ter, N. II,; Miss Annie and Miss Flor
ence Beard, children, Manchester, N.
H . E. M. Bouchard, Lowell, Mass.;
Frank Brnwn. conductor of passenger
train; John A. Callahan, train hand;
E. I'nrmler. Lawrence, Mass; William
Cunningham, Hamilton, Mass.; child of
William Cunningham; C. A. Dervey,
Manchester. N. H.; Edwanl Early.
Lowell. Mass.: Arthur Freeman. Ca
naan, N. H.: Philip Dagnon. Hherbrook,
Que.; Erwin Gilford; Mrs. Alfred Gif
ford. I.oulse Gifford, aged 2 years;
Miss Ena Ountomer, Ipswich, Mass.;
•Mr. and Mrs. Henry B. Hardy. Man
chester, N. H.; Carl Hernan. fireman,
freight train; William Hoffman, Bos
ton; Anthony Jacques, Mlllbury, Mass.;
•Mrs. Emma, Josquee, Mlllbury, Mass.;
Alvin Jalron, Nashua, N. H.; Jennie
Jalron; Abble Jansen, Nashua, N. H.;
•Miss Margaret Largy, Manchester, N.
U.; Theo Little, Concord, N. H; Hen
ry Moran, Nashua, N. II.: Della Moran,
Manchester. N. 1L: W. E. Noyes. Bow,
•V H.; Miss Jenny Noyes, Pomfret,
J. M. Noyes, Somerville, Moss.;
Mrs Ora Phllbrlck. Wakefield. Mass.;
Philip Pike, Jamlaca Plain, Mass.; Cora
rounder*, Brockton. Mass.; Fred Saun
ders, Nashua, N. H.; Esther Saunders.
Brockton, Mass.; O. 8herldan, Lowell,
Mass,; K. B. Shurtlcfif, West Canaan.
Y H.: Mrs. C. St. Pierre. Avertll, N,
11 : Curtis M. Rice, Lowell, Mass.;
Mrs. Curtis M. Rice, Lowell, Mass.;
Mrs. R 0 se Royer (or Reagan), Man
chester, N. It.; Frank Ryun, White
River Junction, Vt.; Roy A. Weeks,
Manchester. N. H.; Frank Welbster,
Canaan. N. H.: Charles White. Bos-
ton: Stella Van Pinner, Ipswich. Mass.;
G B. t'rnlck, Manchester, N. H.
According to W. R. Ray, Jr„ dl-
yislon superintendent, J. R. Crawley,
’he night train dispatcher at Concord,
tent a dispatch to John Greeley, the
th*ht operator at Canaan, that No. 24
one hour and ten minutes late,
order which Conductor Lawrence,
“f :he freight train, showed after the
•evident distinctly states that No. 20,
Instead »f No. 24. was an hour and
ien minutes late. Conductor Lawrence,
^vlng that he had sufficient time In
me hour and ten minutes to reach the
'■'.'•track at West Canaan, four miles
net and. before No. 20 reached It or-
,‘■'7 his train ahead. The auperln-
Je ht declared that the accident was
IS PLAH FOR
E
Combination Struct
ure For County
and City.
The mllllon-dollar city hall-court
house aeems a go.
The proposition will be submitted to
the cltlxens of Atlanta and Fulton
county next March In the shape of a
bond election, and the people will be
allowed to state by their ballots wheth.
er or not they favor the handsome new
structure proposed.
This was determined at the session
held Monday morning at which the
mayor and a committee from council
met Jointly with a committee from the
board of county commissioners, and the
proposition waa recommended favora
bly by the unanimous vote of those
present
The plans submitted by P. Thornton
Marye, the architect, were Indorsed and
practically all the preliminary details
of importance were agreed upon. If
will go before council Monday after,
noon and before the board of county
commissioners later this week.
"It looks llko a certainty now,” said
Mayor Joyner, after the Joint session.
The resolution of Indorsement was
offered by Colonel Clifford L. Anderson,
chairman of the board of county com
missioners. It was as follows:
The Resolution.
"Resolved, That this Joint committee
from the general council of the city of
Atlanta and the board of county com
missioners of Fulton county recom
mend to tho mayor and general council
of the city of Atlanta and the board of
county commissioners of Fulton county
that a Joint court house and city hall
bo erected upon the land now owned by
Fulton county and located on tho
southeast corner of Pryor and Hunter
streets, the city to purchase and own
one-third of said land; the one-third
Is situated on the south end of said
land, and to pay for the portion of the
building covering lts land, vlx: one-
third of the cost of the entire building.
The value of the land to be purchased
by the city to be agreed upon, and. If
the board of county commissioners of
Fulton county and tho mayor and gen
eral council of the city of Atlanta are
unable to agree upon this value, the
same Is to bo submitted to arbitration
as follows: Tho county to appoint one
and the city appoint one, and these two
to select a third, and tho decision of
the majority to bo binding. The coun
ty Is to provide Its own furnishings for
Its part of the building and the city Is
to provide Its furnishings for its part of
the building. The total cost of the
building, outside of the furnishings, to
be approximately 2800,000.
"Wo horewlth submit for the con
sideration of the mayor and general
council of the city of Atlanta and tho
board of county commissioners of Ful
ton county tho report made to this Joint
committee by Thornton Marye. relative
to the construction of this building.
To Coot $881,303.
The total coot of the structure, ex
clusive of furnishings, as estimated by
the architect, will be 8881,202. The
county will occupy two-thirds of the
structure nnd will, therefore, pay two-
thirds of. the coBt. On the other hand,
the city 'must pay the county for onc-
thlrd of the county’s property on which
the city hall will be located, and this.
It Is thought, will make the city and
county really pay about the same.
The report of the architect, as read
by Colonel Anderaon to the Joint com
mittee, proposes that the present court
house and the annex be torn down
completely; that a building six.stories
In height, of marble or some other sub
stantial material, be erected; that the
ground area be 27.742 aquare feet and
n 116 Ar,9 aniinro fpnt * thflt
CENTRAL MAKES
J,
*
Federal Cases Con
tinued Until
Oct. 7.
TWO AMENDMENTS
FILED BY ROAD
Suits of Other Roads De
ferred Pending Action On
Case of Central.
On account of two amendmenta. Hied
by the complainant to Its original bill,
making Governor Hoke Smith and
George F. Montgomery, secretary of
the railroad commission, parties to the
defense, the case of the Central of
Georgia Railway Company against the
railroad commission of Georgia waa
continued until Monday, October 7, by
Judge Newman, In the United States
district court Monday morning.
'The continuance was allowed In or
der that service ntay be made' upon
the two additional denfendants In the
suit, which the Central Is making to
secure a permanent Injunction pre
venting the enforcement of the 2 1-2
cent rate recently Impoeed upon that
railway by the railroad commleslon.
The coses of the Louisville and Nash
vllle, the Atlantic Coast Line and the
Atlanta and West Point railways,
which were also set for a hearing be
fore Judge Newman Monday, were
temporarily passed pending the dlspo
.sltion of the Central’s petition for In
Junction.
When the cose was called Monday
morning Attorneys Lawton & Cunnlng-
the floor area 142,462 square feet; that
the floor area for the city hall be 21.-
316 square feet, aa compared to 18,i60
square feet, the present area; that the
floor area of the court house be 111,136
square feet, as compared to 68.884
square feet, the present area
The new Joint building will be located
on the present site of the court house,
comer South Pryor and Hunter streets
—270 feet on Pryor and 180 feet on
Hunter. The estimated value of this
property Is 2300.000.
Election in March.
It Is prgpoaed that the bond election
for city and county be for 3600,000 each,
and that both be held on the same day
—preferably In March, when the regis
tration Is representative, but not very
heavy. , . .. .
Councilman Longlno asked that pro
vision be mnde for offices In the city
hall of the chief of police, the chief of
the Are department, the city attorney,
and the board of education. He was
anxious that the city attorney be re
quired to devote hta entire time to the
city and that his salary be Increased
from 33,000 to $6,000.
These matters were left to the con
sideration of council at a later time.
Mayor Joyner presided at the meet-
jg which was held In his office at 10
-’clock. The others present were: Al
derman Peters and Councllmen Longl
no, Martin and Hancock and Commis
sioners Anderson and Carter.-^
[art; Attorney* J. K.
Hines, IV. A. Wlmblsh and Hooper
Alexander, representing the railroad'
commission, announced that they were
ready to proceed In the hearing of tho
case.
Attorney General Hart then read to
the court the demurrer filed by tho
state to the bill filed by the Central
railway.
Commleslon’s Demurrer.
Under the general statement that
there Is no equity In the bill, the state
demurred as follows;
1. The order of the railroad commls
slow Is presumptively legal and there
Is adequate remedy at law to contest
Its constitutionality.
2. Before any officer of the state can
be enjoined from enfqrcing a law tho
Invalidity of the law must be estab
Ushed In a court of competent Jurlsdlc
tion.
3. The complainant not having vlo
lated the law, there can be no multi
plied nor multiplicity of suits brought
against it.
4. The reasonableness of the rate will
be determined by the final effect upon
the oiieratlnns of the carrlor.
6. Should the rate provo unreason
able after a fair teat, a remedy can be
found In the railroad commission which
la supposed to discharge Its duty.
6. There Is no party defendant
against whom relief can be granted,
neither the commission, the attorney
general nor special counsel being
charged with the enforcement of the
commission’! rulings.
7. The circular has become part of
the law and Its constitutionality can not
be questioned, nor Its operation en
joined by a suit In equity against per
sons not vested with tho enforcement
of the law.
Governor Hao Power.
8. The commission has fully per
formed Its function! under the law and
has no power to enforce It. The duty
of enforcing the law devolves upon the
governor and a suit against him to en-
loln execution of presumptively valid
law Is, In legal contemplation, such a
•ult against the state as la forbidden
by the eleventh amendment to the con
stitution of tho United States.
It Is not averred tnat either or any
of the defendants can or will Institute
proceedings against the complainant
O ON EDITORIAL PAGE.
Continued on Page Ton.
The “Growth ami I'rog- £
§ roAS of the New' South” ©
4$ feature, which has been ap- $
4$ pearing on the first page of vj>
4$ The Georgian, will appear 41
4$ daily hereafter on the edi- 4
4$ torial page.
$ * • «*••*•*** * O O
10. _
ed with the exclusive power to deter
mine the reasonableness of rates and
Its orders are not subject to Judicial
review unless the rates are too low and
amount to a confiscation.
11. The railway company Is not ent|.
tied to’earn a given per cent on its cap
italisation or on the value of the Invest
ment, this being a legislative, not a ju
dicial question.
Attorney Lawton, for the Central,
then read the two amendments offered
to the original bill.
Central’s Amendments.
The first amendment made George F.
Montgomery, secretary to the railroad
commission, a party to the suit and an
Injunction waa asked restraining him
from certifying the order Issued by the
commission reducing the rate on the
Central railway.
The second amendment mad* Gov
ernor Hoke Smith a party to the suit,
ami a permanent Injunction was sought
restraining him from ordering any ac
tion brought against the Central rail
road for any alleged violation of the or
der of the railroad commission.
The amendment alleged that Govern
or Smith has. "under color of the au
thority of said order, which la In viola,
tlon of the constitution of the slate and
Continued on Page Ten.
THE DIARY OF ANANIAS!
(Copyright, 1907, by Aiuerlcnnjouruul-Exumlner.)
Iriopfier
'The punishment of tho predatory corporations Is going on relentlessly,
forms of commercial robbery. I was preient at Police Headquarters when they v
Ing taken to jail for long terms. It is most gratifying to tec that tho administration
tlesely. Yesterday eight more trust magnates were oonvleted of rebating and
they were brought in and photographed for the Rogues’ Gallery, previous to bo-
filtration is thus fearlessly protecting the people’s interests.”
Clay Certain To Be
Opposed
Race.
in
Here Is a prediction.
Senator A. 8. Clay la certain to have
opposition for tho United States sen-
THE GEORGIAN INDORSED
* AT GREAT MASS MEETING
HELD IN ANNISTON, ALA.
Special to The Georgian.
Anniston, Ala., Sept. 18.—At a prohibition mass meeting held here yes.
terdny, tho following resolutions were adopted:
Whereas, The Atlanta Georgian and The Birmingham Ncwb. two of
the leading dally papers of the South, have espoused the cause of prohibi
tion and In their editorial columns are doing all they can to advance this
great Interest, therefore, be It
••Resolved, That Ibis assembly gathered In the Noble Street theater, Sun
day, September 16, J907, do most heartily indorse the stand taken hy these
two papers and commend them to the cltlxens of our county and state as
worthy of their patronage and support, they being In every Instance on the
side of morality, when an Issue Is sprung.
"Be It further resolved. That copies of these resolu'lons be furnished
The Atlanta Georgian and Tho Birmingham News for publication.’’
If It Isn’t Governor Hoke Smith, It
will be Hon. Seaborn Wright, of Floyd.
And It Is going to be a mighty warm
campaign, too. tor whoever enters the
list against the Junior member In tho
highest legislative body of the coun
try.
Unquestionably speculation Is rife In
every nook and corner of Georgia as
(o the probabilities of Governor Smith'
getting Into the race. It Is heard In
totals, on street comers anil on the
train. The governor’s two excursions
Into the state In the past week have
inaugurated a chain of speculation as
to his probable course that has the
whole slate talking.
It Is difficult to And many who do
not believe that he will enter the sen
atorial contest. In the trip to Sum
merville and In his speech there Gov
ernor Smith eschewed politics alto
gether. His Summerville address was
devoted entirely to educational discus
sion, and he made no reference to pol
itic* whatever.
But politicians and his friends could
talk of little elso while he was there.
The talk was not directed at him, but
as among the men who heard or
knew him. In north Georgia Governor
Smith's future course Is of special In
terest.
For be It known that north Georgia
grooming some favorite aims her
self. They talk It this way up there;
If Governor Smith opposes Senator
Clay, then Scab Wright will go out aft
er the governorship. If Governor Smith
does not. then Mr. Wright will try to
rest I he senatorial Job from the Cobb
countv man.
Then Ihere Is John W. Akin, of Bar
tow, to be ret kneed with.
dent of the
gO00O00000OO0000000O000000
O WEATHER7 WHAT’8 U8E7 O
BALL SEA80N IS OVERI 0
It does not appear that any- O
O body can be Interested In weath- O
O er conditions now, since the ball 0
O season Is over and Atlanta landed O
0 the bit of prised bunting. ’ How- O
0 ever, a few people might want to 0
O know on account of'erops, taking 0
0 a trip away and such unimportant 0
0 events, so here Is the outlook: Q
O "Unsettled weather, with occa- O
O slonal showers Monday night and 0
0 Tuesday.” 0 I
0 Monday temperatures: 01
0 7 o’clock a. m 69 degrees 0
is 8 o’clock a. m 70 degrees 0
O • o'clock a. in 72 degrees 0
0 10 o’clock a. m. 74 degrees 0
O 11 o’clock a, in 76 degrees O
O 12 o'clock noon 7# degrees O
O 1 o'clock p. m 80 degrees O
O 2 o'clock p. tit 82 degrees 0
0 O
POO0O00OOOO0O0OOOOOOOOOOOo
REAR ADMIRAL
WALKER DEAD
Cano Meddlrk, Me., Sept. 16.—Rear
Admiral John Grimes Walker, U. 8. N.,
retired, died here thin morning.
31,291 PENSIONERS
DIED IN 12 MONTHS
Washington, Sept. 16.—Advance fig
ures of Pension Commissioner War
ner’s report show that 31,291 soldiers
and pensioners of the Civil war died
during the fiscal year.
would not l>e at nil averse to stepping
up Into the executive, office. And John
Akin is a strong man. He knows men
nnd measures, has no small genius for
the Intricacies of the political gfl
nnd at this time is very strong ^
the prohibition forces In Georgia—and
man realizes more keenly what n hlg
factor that sentiment Is In Georgia
now.
When asked as to his possible can
didacy for the senate, Governor Smith
says that he Is too buiy administering
the affairs of state to think of that.
Put he is obliged to be thinking of it,
because the whole state, practically, fs
In a listening attitude toward him.
It !•* believed thnt Governor Smith
will definitely announce his Intentions
before many weeks. With definite an
nouncement of tils plans political mat
ters will come quickly to a focus In
Georgia.
And as regards that gubernatorial
. succession there Is Covington. Hard-
Hc is presi- 1 man and possibly Congressman IlurU-
ate senate now, and he wick to be considered.
“I HAVEN’T QUIT,”
SAYS BONAPARTE
Boston, Sept. 16.—Before leaving for
Chicago today Attorney General Bona
parte said:
"My resignation is not in the hands
of the president and there Is no llkeli
hood or Its being offered.”
CHANNELSWIMMER
RESCUED GIRL
Dover, Sept. 16.—Jobes Wolffe, an
English swimmer, started today to
swim the English channel. When about
a mile out he rescued Miss Lillian Ed
wards from drowning, after which he
resumed his Journey.
CONSTANTINE WILL
SOON FACE A JURY
Chicago, Sept. 16.—Frank J. Con
stantine, charged with the murder of
Mrs. Arthur W. Gentry, January 6,
1906, was put on trial for his life to
day before Judge Havana ugh.
Constantine's attorneys made no de
mand for a change of venue, ns had
been expected. The court waa crowded
to suffocation when Judge Kavanaugh
arose nnd delivered a strong admoni
tion to prospective jurymen.
RIOTIIC MEN
in ii cm
Trouble Follows Strike
of Eight Thousand
Furriers.
New York. Sept. 16.—Rioting aa a
result of the strike of 8,000 furriers in
the section between Broadway and
Fifth avenue and Eighth and Four
teenth streets, brought out the reserves
of the .Mercer Street police station on
four raid* this afterneon. In which fifty
prisoners were taken.
Tho prisoners were hauled by the
patrol wagon load to the Jefferson
Market court, where they were all held
by Magistrate Corrigan charged with
disorderly conduct.
New York. Sept. 16.—An ultimatum
was circulated this morning among the
striking telegraphers, which, after re
ceiving the signatures of a sufficient
number, was to be preeented to the of
ficers of the telegraph companies.
The signers pledged themselves not
to go back to work for a period of
twelve months unless certain of their
demands were compiled with by the
companies.
One of the leaders of the men said
this morning he believed the crisis In
the strike would come before the end of
the week.
Race Results. V,
gravUend.
First Race—Jack Atkin, 4 to 1, won;
ell, 2 to S, second; Prince Hamburg,
6 to 6, third. Thud, l;ito 4-6.