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THE ATLANTA GEORGIAN AND NEWS. MONDAY, ilfcCKMlIUl t UNTIL TIME PROVES THAT NEEOED Governor Not Party to Suit, Rules Judge Newman. Not T«t will the Central of Georgia railroad eecure an Injunction from ELKS -PAY TRIBUTE TO MElwORY Of Impressive Lodge of Sorrow at Grand Held by Local Lodge. In commemoration of the death of their departed brethren the Atlanta Judge Newman restraining the railroad j lodge of Bike held a most Impressive commission from enforcing the reduced passenger rates In circular 334, In a lengthy opinion, handed down Saturday night, Judge Newman settled this famous case temporarily and with held action, neither denying nor grant lng the Injunction as prayed for by the railroad company. In his decision Judge Newman says It would be well to try the reduced rates for a few months and ascertain etaetly whether or not the rates are confiscatory. Several Important questions, how- ever, were determined by the decision In the first place Judge Newman de cides that Governor Hoke Smith can not be made a party to the suit. He further decides that the attorney general can net be made a party to the suit. But hs gives the opinion that the railroad commission Is subject to In junction and that the fact that the commission has put an order Into effect does not prevent an Injunction being secured anglnst It. Give Rstae a Trial. In deciding that the reduced rates should be given a trial before they were declared to be confiscatory. Judge New man eays: *1 have given the matter of the prop er direction to be given this case ear nest and very careful consideration. It is not a light thing to interfere with the agencies created by the state, for the administration of such Important matters as the railroad commission of Georgia Is chargsd with under the stat utes of the state. Nor should the claim that rights of property have been se- rlously Invaded be lightly treated. The light of the complainant to come Into the courts of the United Htates with n case like this, when It claims that the effect of rates fixed by the railroad commission Is to take Its property without Just compfnsatlon, without due process of law*, and to deny It the equal protection of the law under the firth and fourteenth amendment*. 1 as well settled by repe;Ved decision* of the supreme court ns anything wejl could be. Nichols. M Complanlant's counsel earnestly claim that while this investigation I* going on. and during any delay to as certain the effect of this circular, the company Is sustaining serious loss, llui that goes to the whole question at Is sue. If that were shown satisfactorily, the temporary Injuneth n should Issue. But it Is not. All that can be mild as to this, taking the most favorable view of the allegations In the bill, Is that the rallwny company’s officers. In good fnJth, believe the conpnny will suiter serious lo.^s. This surely Is Insuffi cient. 'it Is not easy to say how long tills rate should be tried to ascertain Its •fTect upen the railway, company’s busi ness. Six month» from the time the rate became operative should certainly demonstrate what Its effect will he. j service at the Grand opera house Sun- ! day ufternoon. An Immense audience assembled to do honor to the memory of the thirteen prominent member* of the order who have passe'd Away with in the past twelve months, and a beau tiful and fitting program was rendered. The service was opened with a pro cessional march from the ’’Queen of Hheba,” rendered by J. P. Mat Wesson's orchestra, followed by the ritual of the order, which was conducted by Exulted Ruler U. C. Broyles. The opening ode was rendered by a double male chorus, the audience Join ing ip the chorus to the air of "Auld Lang Syne.” Rev. A. R. Holderby then led the audience in prayer. Mrs. Arthur C'reviston, one of the sweetest singer* In Atlanta, sang a beautiful solo. "Crossing the Bar,” aft er which Albert Borden Green, a reader of unusual ability, renderd Tlrytint'a famous poem, "Thanatopsls.” It. D. Armour next sung that touching solo, "The Sorrows of Death.” Judge Joseph E. Pottle, president of the State Association of Elk Lodges, delivered the memorial address. The orator paf^ an eloquent tribute to the virtues of the departed brethren In whose memory the service wa* held, after which ho discoursed upon the ob ject an$ purpose of the Order of Elks, briefly tracing the rise and rapid de velopment of the order. The'address of Judge Pottle was followed by a beauti ful duet, ”A» Pams the Hart," ren dered by Mrs. Arthur Crevlston and Mr. Armour. The tableau, represent ing angels being wafted aloft, followed next and was participated In by four little girls. Misses Gladys Hand*. Mi riam Fudge, Rebble Smith and Marie Stoddard. As the Elks marched Into the Grand little girl, Dorothy Elkin Ivy. the 4-year-old daughter of Lieutenant W, II. Ivy, of engine company No. 10, *aw her father aero** pie house and rose In her *«*at to cry: ^ "Hello, daddy! There's my dfld<Lv.’ The Elk* crowded around her an# "ev ery person In the house Inquired n* to her Identity. It was a little touch of child nature that brought the audience loser together. The HervU-e was closed with the ben- I'dlctlon. pronounced oy Rev. C. B. HOLIDAY HANDKER CHIEFS The Christmas Thought Abounds In This Department Wllmer. The deparln) Elk, In tvhoae honor <• service was hold wore John G. .Miller, John B. Rnbrrla. John I). Mals- by. J. J. Tolbert. l>. C. Camp W A, Roberta, John H. Griffin, t.udwlg Mon- In*. George \v. Mann, II. I). Green, and C. (I. Stern, P. J. McGove My conclusion Is. It would be best that tho company ahuulil continue tile rate In effect for that length of time, and ascertain the mull. After it ■•hall have bean tried for title length of time, the court will determine the right to an In junction. However, after the return* for complaltmnt'e passenger bualneas up to January are available, and eon be put In shape, If complainant's conn, ■el desire they may then furnish to the court a sworn statement of the com pany's officers, anil If they wish to do ao. compare the same with the four Im mediately proceeding months, ntut fur ther. with the same four months of the preceding year; that Is. from Sep tember, IMS. to January I, ISO'. The court will then take under advisement again the nutation of Issuing a tem porary Injunction." After deciding that the governor ran not be made a party to the suit. Judge Newman's decision can be summed up In the statement that he takes no ac tion for the present. He neither de nies nor grants an Injunction. The mere allegation on the part of the REV. ELLIS ORATOR AT MEMORIAL SERVICE. Special 1,1 The (leerglall. Brunswick, On., Dec, 3.—Yesterday afternoon at the Grand opera house, tho Benevolent and Protective Order of Elks held animal memorial exercise rial address was delivered . II. Ellis, [>.[)., of Mac and the eulogy by Colonel W. K. Kay. of Jacksonville, Kin., assistant general counsel of the Atlantic Coat. I.lne mil- We always make great prepara tions for our Handkerchief selling. Even normal conditions find us superbly stock ed and ready for all demands. But witk the holiday trade m mind, we kave tins year so stressed and emphasized the de partment that when you come you will find your expectations not only fully met, hut surpassed. If you decide—and what could you better do?—to give Handkerchiefs as Holiday Gifts, come just as early as you can, and, armed with your list, do your choosing while there is a hit more leisure. There 11 he less every day now. Handkerchiefs are easily sent; they are dainty and desirable; they are appropriate. There's no handkerchief stock m Atlanta that can touch ours for values and you 11 need. Ladies sheer Shamrock hand embroidered initial handker chiefs \ . : 15c Ladies sheer initial handker chiefs . . . 15c Ladies sheer Shamrock hand embroidered initial with wreath. Three patterns 25c extent. R un over this list and see what you think Ladies embroidered hand kerchiefs 15c, 25c, 50c, 75c Ladies' mourning embroider ed handkerchiefs 15c, 25c, 50c Ladies sheer Shamrock hand- Ladies chiefs, hems Children s handker- 1-4 inch mourning 1-8 and . . 15c, 25c, fancy box ban* 50c d- Men's plain hemstitched all linen handkerchiefs 25c, 50c, 75c, $1.00, $1.50 Men's tape border all linen handkerchiefs . 25c to 50c Men’s all linen initial hand- 250 TO CURE A COLD IN ONE DAY Take LAXATIVE HltoMO Quinine Tablets. Druggists refund money If It falls to cure. E, w. GROVE'S slgnu- lure Is on each box. 25c, Acworth Hot,l Le,„d. Acworth, On., Dec. 3,—A change In the management of the McLain Hotel was made today when Oeorge McLain rented the hotel to j. j. Brantley, of Sylvanta, On. The hotel will continue to he run under the same name. eeatnry Is not sufficient, although they make these statements In good faith add believe serious loss will result. But to determine this accurately. It Is bet- tar to give the rates a trial. JudfiS Shslby't Ordsr. This csss had Its Inception In the ALABASTINE .The best of all materials for tinting walla. GEORGIA PAINT A GLASS CO„ 40 Peachtree Street. THE TEST OF A MAN’S HUMANITY Is his willingness to do somethin!?- The test of his treatment and his confidence In It Is shown by his willingness to put It within reach of the public. Rased upon these facts Dr. De Trunx Is offering to the public hi* treatment for the Opium. Drug and Alcoholic habit* for the next ten days nt one- hklf the usual rale* f„r such treat ment. The treatment I* scientific, harmless and successful; a* near pain less as any successful treatment can bf. TJie offer I open to all worthy addict* who wish to be cured before the new Drug and Liquor Law goes Into effect. Our home treatment I* sue. cessful for all uncomplicated case*. Call or address Branch Sanitarium De Truax. Corner Washington and Hunter St*.. (Opposite Capitol) Atlanta. Cl a. -S-'rSfS I TEETH imliK Me neb. tf*ttl P. Mouet ess nut bar better.. I'll I f. A DELPHI* I'KMAI. umuui *v « wuiuitau si. FnltPd State* court In Ahlinmn before Judge Shelby just before the rates be came operative -on September 2. An Injunction was refused at that time and the case set for u hearing before Judge Newman in October. This hearing occupied sevenfi dnys utid was participated In by prominent lawyer* on both sides. Former Sena tor John C. Spooner, of Wisconsin, and Lawton £ Cunningham, of Savannah, appeared for tin* Central of Georgia, while Attmney General Hart, Judge James K. Hines, attorney for the rail road commission, and Wlmblsh. Wat kins A- Ellis represented the state Since tlnj close of that hearing Judge Newnwp has been at work on the de cision and be has given It n great amount of thought. Ho has realised the Importance of the case from the beginning and each detail has been worked out with the great est care. In hi* dcdslon, Judge New man gives many authorities for hi* action In the matter, and the** cover the points in question thoroughly. Injunction If Heavy Loss, In deciding that the rates should be given n trial. Judge Newman says: "My judgment I*. after careful reflec tion ahd consideration, that the railway company should try the new rate for a few months and see what the effect is In Its passenger business. If ths re sult should be a substantial loss In re ceipts from passenger business, it would be entitled to an Injunction (tending the consideration and final de termination of this case, and In this event the decree can make proi»cr Iston for the protection » traveling public, and for. any los talned by posseng* rs In the event the final decree Mioyld be adverse to the railway company. If, after testing this new rate for a few months, it should appear that loss has resulted, then complainant uld not be entitled to an Injuno il pendente life. For the reasons that have already n given. 1 do not believe that the allegation that loss will result to the railway company from the new rate Is such a well pleaded statement of fact as that it is admitted to he true by the demurrer.’* As Judge Newman say*, the railroad attorneys may furnish sworn state ments from the officers of the company after the returns for January’s business are available and compare this business of four months from September, with the preceding four months or the same four month* for last year, and then Judge Newman will take under mlvise- ment again the question of a temporary Injunction. kerckiefs Ladies sheer crossbar stitched handkerchiefs 25c hem- . 25c Ladies' cross har handker chiefs . . . 15c Ladies plain linen handker chiefs . 10c, 15c, 25c, 50c Ladies Armenian handker chiefs. All hand work 50c, $1.00, $1.25, $1.50 Ladies' French hand embroid ered handkerchiefs . $1.00 to $12.50 lace handker- $1.50 to $18.00 lace edge hand- 250 rea Ladies chiefs Ladies linen kerchiefs kerchief, 3 in box . 25c Children s initial handker chiefs. 3 in a fancy box 25c Children's cross har fancy handkerchiefs, 3 in a box 50c Ladies' embroidered hand kerchiefs, 6 in fancy holly box. Box . . $1.00 Ladies' sheer hand embroid ered initial handerchiefs, 6 in box. Two patterns $1.00 Men's plain linen handker- . . . 10c plain all linen hem- andkerchiefs. 6 chiefs Men's stitched he for $1.00 kerchiefs Men's all linen tape border initial handkerchiefs . 25c Men's all linen hemstitched initial handkerchiefs . 50c Men' s cross har all linen hand embroidered handker chiefs ... . . 50c Men s silk handkerchiefs 25c, 50c, 75c MEN'S SILK MUFF LERS AND REEFERS in black, white, gray, black with dots, and many fancy mixe d color, 75c, $1.00, $ 1.25, $ 1.50, $2.00, $2.50, $3.00 "Shamrock" Linen, which you see so frequently mentioned in our list, is about 85 or 90 per cent pure linen; tke rest is cotton put m to give that sheer softness so eminetly desirable in a handkerchief. “Shamrock handkerchiefs of our quality, will come from the laundry just as soft and pretty as you could wish-—not rough and harsh, like some others. BOXES: We dkerchief purchases. of your gift and will he very convenient for you. Main Floor to your left as you come in. fa FANCY CHRISTMAS ncy boxes to give away with hanc have a very attractive line of They enhance the effective ness Chamberlin-Johnson-DuBose Co.