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THE ATLANTA GEORGIAN. WEDNESDAY, OCTOBER 3, IM grand jur y orders TEDDY, JR., TO TESTIFY n„«ton Oct. S.—Theodore Roosevelt, Trand his friend, Meredith Blagden, „ summoned before the grand Jury * 'a Shaun Kelly, another friend. Is 0 rested In connection with the episode the common Thursday night when Policeman Krayer was Injured. Young inMcvelt and Blagden wilt appear be- i,re'the grand Jury tomorrow. Jellv surrendered himself to the po- „re after hearing that they were searching for the companion of Roose velt and Blagden. Blagden accompan ied Kelly and furnished the $200 ball fixed by Commissioner Winslow. Po lice Commissioner O'Meara has Issued a statement In which he says that the police department Is not responsible for the action of the district attorney In serving summons on Roosevelt and Blagden. Kelly faces trial In the Boston mu nicipal court today for the assault of Frayer. RELIEF of the people STRONGEST ARGUMENT FOR COURT OF APPEALS By BURTON SMITH, Former President Georgia Bar Assooialion. To the Editor of The Georgian: I advocate the bill for the court of appeals: I advocate it not so much for the purpose of relieving the supreme court as for the purpose of relieving the people of the state. I happen to know that the supreme court Is griev ously overworked. I know this well, because in addition to having practiced before the court for more than twenty years, I number among the justices of the court some of my Closest friends. But the constitution should not be amended to relieve a few. In this case, however, the entire people need relief, and need the constitutional amendment. Whatever may be a man's views on the great public questions of the day, no honest lawyer or honest citizen can question' the fact that a speedy, full and fair hearing Is essen tial to the administration of justice. Those w ho object to this have ulterior and Improper purposes. Every lawyer w ho practices before the supreme court knows that owing to the crowded con dition of the dockets the judges are unable to give a speedy trial, and are unable to give pr#per time for a full and fair consideration of the cases be fore them. * Origin of the Bill. Many people have wondered as to the origin of this bill. It Is practically the bill drafted by a committee of the Georgia Mar Association In 1902. A committee was appointed from the as sociation to draw a bill to accomplish the relief of the people from the overcrowded condition of the supreme court, one lawyer was appointed from each congressional district. I was that nr president of the Bar Association id under the resolution presided over e committee. I may remark in this nnection that It has occasionally happened that some Individual of the Association has expressed rather ukable views; but the association whole has been at no time domi nated by any specific class, and has always stood for the .development of the lejcai science, and for legal admin istration and court procedure along conducive to the best welfare of the entire people. Business Too Heavy. It Is a fact that the business of the supreme court has Increased to such i extent that It is impossible for the court to give that business attention. A case goes to the supreme court, re turnable to the fall term. It Is entitled to a trial at that term If reached, but it MUST be decided not later than the term following, whether it has been argued or not. Twelve hundred cases a year go to the supreme court. Many of these cases have records so 1 ng that tho reading of them takes many hours. It Is Impossible for the murt to give proper consideration to all of the cases which go to It, and we win simply come to a condition where a great number of cases will receive no attention. Unless decided by the sec ond term all cnses are affirmed by op eration of law; that is, If the court docs not reach these cases to decide them, they stand affirmed, Just os If they had been affirmed by action of the court. A Strong Illustration. Four hundred and fifty-two cases rame over from the March temv un decided. If this number of unheard rases proportionately increAAed—and there is every reason to believe it will be we will have within eighteen months at each term a large number of eases affirmed by the operation of law without a hearing. As has been well said by an able judge, "Unless some thing is done, It Is only a matter of a few years when a whole term’s, busi ness will be stricken from the docket by one stroke of the pen; the entry upon the docket and upon the minutes of the court in 700 or 800 cases will be ‘affirmed without a hearing by opera tion of the mandate of the constitu tion.* " I was chairman of the committee ap pointed by the State Bar Association, some twelve years ago, to Increase the number of the supreme court. The su preme court was Increased, but the business has increased out of all pro portion to the Increase of the court. The state of Georgia Is growing rapid ly—enormously. Its interests are grow ing In proportion. A vast number of corporations doing business all over the South have headquarters In Geor gia. Increased-litigation is an incident to our increased prosperity along all lines. Bill Admirably Drawn. I consider the bill a good bill. It has been criticised because the ma chinery of the court is put into a con stitutional amendment. The answer to that is, that the bill Is so drawn as that the legislature can change any of the details at any time. We need the court; we need it badly. It has been suggested that this will be an increase of expenses. How pal try an argument! Surely the great state of Georgia, rich, powerful, pro gressive, will not hesitate in furnish ing an opportunity for Justice to its citizens, because the cost of such Jus tire Is a few thousand dollars. Magna Uharta says, "We will neither buy nor sell Justice," If we decline to furnish an opportunity to our people to obtain Justice, are we not nearly as bad as those who buy or sell justice? This bill is not for the benefit of the lawyer; It Is for the benefit of the whole people. So far as his pocket alone Is concerned, outside of hls love of justice and proper administration of the law, delayed litigations might be, and often are, os profitable to the law yer as a prompt hearing. I urge all of the 'people of Georgia who have an Interest In the true ad ministration of the law to vote for this amendment. MAUD. FILLING OF WALL INJURES A NEGRO Henry Green, a negro who live* nt 176 Frazier street, was hurt by the falling of the kitchen wall of tho Pur- telt House, 64 Forsyth street, at 10:30 o'clock Wednesday morning. The workman, who was at the time digging under the wall of the house which Is being tom down along with the old First Baptist church, was badly cut on the face and hand and had a narrow escape from death. J. T. McGukln, In charge of the work of raising the building, cautioned hls workmen that the wall would fall a few minutes before the accident. Green evidently did not hear the warning and continued to undermine the founda tion. When the wall toppled a cry was sent up by the other workmen, who succeeded In getting out of the way un injured. Green dropped hls pick and also attempted to get out of the way, hut was caught and pinned to earth by the heavy pile of bricks. He was taken to the Grady hospital. FRENCH BROADCLOTH SUIT AT $45.00. Rich brown and n deep black; showing the new fancy Pony-Jacket effect; the trimmings of black satin edged with pastel shades of broadcloth; vest with loops of braid and gilt buttons. Very full, 9- gore, side pleated skirt. Completely Ready is the Showing of Tailor-Made Suits More Suits have arrived, more and more each day, until now the great showing is perfectly com plete. Every good style is here; such a gathering is very seldom seen. One object in coming here this week, besides that of viewing the very charming display, should be to see Suits that are different from those genernlly shown. Not only new but distinctive models—full of character and individuality. We have been very care ful about this; selecting largely but only just a few of each kind, which keeps them more exclusive to the wearer. Of fine Suits, around $115.00 to $50.00 and up ward to $110.00, this feature of originality is partic ularly noticeable. Scarcely two alike, And the dis play of these very handsome creations exceeds in cleverness and variety that of any'previous year. Yet, there are a great many beautiful Suits at medium and populnr prices. Often duplicates of some costly imported model; the Suits at $25.00, for exam ple—at $20.00 and $17.50—they were never so attrac tive and pleasing. Two of the new Suits have been sketched from stock and arc shown here in the pictures. These speak for scores of others, emphasizing, ns they do, the ex ceptional value olferings throughout. Value is the one thing nenrest quality of which we have been most mindful. You will find here the very Suit you like, nt a price you will be glad to pay. The least expensive are fine in material, enrefuliy tailored and neatly finished. Even the most elaborate, elegant models possess rare charms of price. It all tells in the making, to your very great advantage in fit and style. The new Suits nre a most extraordinary gathering. ETON SUIT, PRINCESS SKIRT, $20.00. , Gray Worsted, all-wool material; little Eton jacket with Princess skirt; collar and cuffs of In laid green velvet, ulso vest, finished with green silk braid: tailor strappings and touches of the green velvet here snd there on Jacket and skirt. Second Session W.O.N.A.R.D. Fall Opening Tonight, Rain or Shine. We cordially invite every one to attend our 20th semi-annual opening tonight, which was postponed from last Wednesday. Music by Orchestra from 3 to 5, and 7.30 to 10 p. m. Souvenirs for Everybody. Smith & Higgins 254 Peters Street. Transfer to Walker Street or West View Cars. The second session of the Women’s Auxiliary of the Association of Retail Dru£Rl*t»-wAs called to order Wednes day morning by the national president, Mrs. Emma Gary Wallace. The as sembly room at the Piedmont hotel was comfortably filled, and before the ad dress of Mr. B. E. Pritchard, of Mc Keesport, Po., had been concluded the hall was crowded with delegates. Mr. Pritchard began hls address by saying that he considered the women’) organisation of such Importance and of such Influence as to be a positive factor In the uplifting of pharmaceutl cal standards throughout the United States. He appeajpd to the wives of druggists to Influence their husbands in behalf of eliminating questionable sales, the closing of the pharmacies on the Sabbath, and elevating the profes sion in its every department. Upon the conclusion of his talk Mr. Pritchard was thanked by Mrs. Wallace, and was asked to allow a copy of hls address to be placed upon the hies of the organi zation. Mr. W. O. Frailley, of Lancaster, Pa., followed Mr. Prltchanr with an Inform al talk. In which he gave helpful sug gestions as to the lines along which the organization should be conducted. He stressed the necessity of every wom an’s rending the phnrmaceutlcal Jour nals, and his expressed hope that the women’s organization should soon be I brought enthusiastic applause. The Wednesday morning session closed with Mr. Frallley’s talk, Mrs. Wallace having been Invited to make an address before the druggists con vened In the ball room of the Kimball house. Mrs. Wallace announced that a third session of the women’s organi zation would be held Thursday morning at 10 o’clock In the assembly room of the Piedmont. At this meeting the board of management will make its report, and the national secretary, Mrs. Adelaide N. Godding, of Boston, and the national treasurer, Mrs. Lulu B. Avery, of Chicago, will make reports. The election and Installation of officers will be followed by a reception to of ficers and members. Mrs. Wallace Addresses Men. To a large audience of men and women In the bnli room of the Kimball house, Mrs. Emma Gary Wallace made an Interesting talk on the alms of the women’s organization and Its possibil ities as a helpful factor In the work of tho retail druggists. Her talk was enthusiastically received, meeting with hearty appreciation. During her stay in Atlanta Mrs. Wallace has won gold en opinions by her executive ability, no less than her winning personality and exceptional eloquence. Program for the Afternoon Wednesday afternoon the ladles of the convention were entertained at a matinee party, several hundred tickets able to establish Its national organ, | being distributed by Mrs. Sam Jones. ANCIENT POMPEII No scenic representation could be more "realistic'* than the magnificent view which is spread out before the spectators in Pain's elaborate produc tion of "Last Days of Pompeii,*’ which will be seen nightly at the State Fair In Atlanta, October 10 to 20. The scenic city spreads over an area of four acres of ground, and so perfect is the work of the painter in the per spective that one seems to be looking upon a real city nnd a landscape that stretches seemingly away for miles. Real massive buildings, 20 to 50 feet high. loom up in the foreground, rep resenting the palaces, temples, etc., of the picturesque ancient city, while huge triumphal arches adorg Its streets. Towering above all these is the ever beautiful but treacherous Mount Ve- j suvlus. Cardinal Gibbons, then the Catholic j church's highest representative in, America, recently attended a perform- j anee of Pain’s "Last Days of Pompeii ’ i In Baltimore, accompanied by several. reverend gentlemen of the same church, j All pronounced themselves delighted ( with the colossal spectacle. Hls eml- : nence Is familiar with the ruins brought to light by recent excavations at Pompeii, Italy, and In fact, has Just; returned from that historic city. *>f| hls own knowledge he readily pointed | out many of the principal temples,, arches nnd buildings. so a<vur«te Is the reproduction in this mimic city of the spectacle. Cardinal Gibbons never at tends the theater, but his knowledge of Pompeii nnd hls recent study of Its ruins made him quite curious regarding this production. . It Is simply wonderful," said he, on leaving. A force of over 60 skilled scenic me chanics are necessary to place this scenic city In position each day, In spite of every time ano labor-saving device that can be provided. FREIGHT TRAIN COLLIDES WITH COACH. Special to The Georgian. Ashbum, Ga., Oct. 3.—There was a wreck on the Flint River and Gulf railroad yesterday morning at about 6 o'clock. A passenger coach had been left on the main line without a flag man nnd a freight train ran Into It. The engine to tho freight was damaged slightly while the passenger coach was badly damagod. No one was hurt. ftHstionary to 8peak. Rev. C. T. Willingham, missionary to Japan, who Is In this city spending hls vacation and Ailing the pulpit at Jack- son Hill church for the present, will •peak at the Capitol Avenue B. Y. P. U. meeting Friday evening, October 5, at 8 o’clock. All members of the union, their friends and others are invited to hear Dr. Willingham and to view the targe collection of ancient curios and costumes brought from the mission fields. It Is especially desired that nil members of the executive committee of the Capitol Avenue Union be present at this meeting, as Important business is to be considered. Alleges Damage to Property. Jefferson Herrick has sued the Louisville nnd Nashville railroad for $20,000, which amount It Is alleged his property, at the corner of Seaboard avenue and Main street, claimed to be worth $40,000, has been damaged by the changing of the grade of the streets in order to provide for the yards of the defendant company. Campbell and Rllay Re-elected. W. J. Campbell was re-elected city clerk and R. E. Riley was re-elected city marshal for the term of two years at the council meeting Monday. There was no opposition. Speeches, complimentary In character, were made when the elections were called by the mayor. The elected responded In be fitting manner. Many Pupila Enroll. The educational work of the Y. M. C. A. opened Monday evening with an unusually large attendance, consider ing the unfavorable weather conditions. The classes will all be Increased by new pupils enrolling for some time to come. The outlook for the work this winter Is very promising, and Secre tary Walker White Is pleased with the start made. Officers Commissioned. Commissions were Issued Tuesday by the adjutant general to two new officers of the national guard of Geor gia. John 8. Burnett was commis sioned captain of Company D, Fort Gaines, Fourth Infantry; W. C. Lyle, of Augusta, was commissioned major and surgeon of the Third Infantry. Atlanta Plow Works Wins. IV. Hightower and others were, by agreement out of court, granted hls residence at the Jail, lived nenr Mason's church on the Turner rond. He told Judge Andy Calhoun that hls wife and the whole layout of witnesses had sworn lies against him and that he had "never laid hands on her except In kindness," but the case was too plain. A lecture went with the flne. Charges Perjury to Negro. R. T. Bosche, a soldier of the Fifth regiment and son of R. C. Bosche, has sworn out a warrant against Calvin Lester, a negro, charging him with perjury. RAIN BEATS COTTON FROM THEM BOLLS Heavy Loss Sustained by Georgia Planters From Reccut Storms. * LOOK OVER your laundry and If you find any rea son. for dl.aatlafactlon you .hould sand your linen to us, for we guar antee to Launder Your Linen and all other article* In a way that cannot be eurpaeaed. Full> 40 K " r ?'." 11 ..p, in) p 0 ||. J) ■ .tlrrlna | EXCELSIOR LAUNDRY, formers are used In - - scenes and beautiful pageant*. «nd $1,600 Is nightly expended In the fire works display. There are three pretty ballets and a score of noted American and European aertallat* and acrobat*. Dr. Andsrson Called. Special to Tbe Georgian. Anniston, Ala., Oct. 3.—Dr. J. G. An derson, of Tampa, Fla., has been called to the pastorate of the First Presby terian Church of this city, final action being taken by the members of the SSAtSSF* | hard,^ fruit! I”' m,w or Macon ' ! Ie«i fight with the Atlanta Agrlcul- tural Works. When the charter was first nought the latter company asked that the new corporation be enjoined from Incorporating because It was the Intention of the promoters to manufac- : ture an Implement which. It was al- ‘ leged, was a counterpart of their prod- ! uet. Several days were taken up In , arguing the case before Judge Pendle ton, but before he could decide It the litigants came to an understanding be tween themselves. Montgomery for 8chool Tax. Montgomery county voted by a large majority for the local school tax last Thursday. Fulton, Hancock, Monroe. Tift nnd Randolph have voted for the (ax, making six counties In all now operating under this law for the bet terment of Its county schools. Greene-Gaynor Case Transferred. I Greene and Gaynor, charged with conspiracy against the United States j government while building harbors In I South Georgia, will not be tried here I in the circuit court of appeals, which | convened Monday. The case against them has been transferred to New Or- ( leans and will be tried In January. ; The case of W. A. Huff et al. against j William L. Bldwell was also trans- j ferred to New Orleans. Eight Months For Wifo-boating. j Four months of married life with a j chaser of a $50 and costs fine, or eight months In the county chalngang for | wife-heating has been the portion of j Lee Turner, a white man, who, before Special to The Georglnn. Eaton ton, Ga., Oct. 3.—The severest **nln ftn, l wind storm of the season vis ited this section Monday afternoon. Be ginning nt 1 o'clock, the storm contin ued Into the night, and for one and a half hours the rain poured In torrents. Much damage was done to the streets and fields by washouts. Cotton In the fields, however, sustained the greatest loss. The past two weeks of cloudy rdlny days, coupled with the scarcity of labor, hod greatly retarded cotton picking nnd the fields had become whlt« with the staple. It is estimated that 75 or 80 per cenl of the crop was open when the storm of Monday swept over the county. Great quantities of cottot) was blown upon the ground during last w'eek’s storm, nnd complaints of sprouting and rotting are general. rested and tried befofe Judge Broyles on the charge of shooting nt him with out the slightest provocation. The case was dismissed—hence tho war rant for perjury. Lester Is now at large. Free Ttltgraph Messages. Roth the Postal and the Western Union telegraph companies announce that they are offering free telegraphic service for all relief telegrams to sec tions of Alabama and Florida devas tated by the storm. State Officials Home Voting. Governor Terrell voted at hls home in Greenvillo Wednesday morning, re turning to Atlanta at noon. Colonel Wesley Shropshire, executive clerk to the governor, went to hls home In Chattooga county to vote. Agricultu ral Commissioner Hudson voted in Amerlcus, Assistant Commissioner R. F. Wright, In Elberton. Captain Good- loe Yancey went to Athens to cost his ballot, 8tate Treasurer Park went to Macon to vote. As a consequenco of all these officials being out of the city the capltoi Is very quiet Wed nesday. DOG GIVES UP LIFE TO WARN MI8TRE88. Chicago, Oct. S.—A burglar called at the flat occupied by Mrs. R. 8. Fink yesterday. The chief result was the death of Bruno, a Scotch collie, which apparently gave up Its life while try ing to tell Mrs. Fink, who had Just re turned to the apartment, that a robber was near. HOG CHA8ED FARMER „ INTO OCONEE RIVER. Special to The Georgian. Athens. Oa.. Oct. 3.—Joe Handrup rts chased Into the Oconee rivet Tuesday morning by one of hls hogs, which got mad with blm because sh« did not understand hls action* In re gard to one of the small pigs. One of the pigs of Mr. Hanrlrup, who runs a business near the river, had fallen Into the river. He had succeeded ir getting It out alive and had started to deliver It to Its mother, when the mother on hearing the squeals thought he had no business with it and made for him. He had to jump in the river to get away from her, she following the lead in hot pursuit. 40-42 Wall Street. Phone., Main, 41, Is Your Business as Large as You Want? If it isn’t, you should increase it by advertising. Even if you have all the business you want, you need advertis ing—to hold your own. The other fel low probably needs more business and he’s very* likely to go after some of yours with compelling publicity. Keep your trade-mark and your spe cial brands constantly before the buy ing public aud you’li hold the business you have aud get more. Use daily newspapers that go into the homes of the best people—papers like this one. Get the Massengale Advertising Agen cy, of Atlanta, Ga., to formulate your plans, prepare your copy and place your advertising. They’ll be glad to corre spond with you in regard to the matter.