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The Citizen
Covers Whitfield t
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Like the Sunshine |
Official Organ of Whitfield County, and the United States Circuit and District Courts, Northwestern Division, Northern District of Georgia.
-Jlmtli dSjwgiu
The Citizen
Is the HOME
X Paper of Whitfield
Established 1850
'That Which Pleases Many Must Possess Merit”—The Citizen Pleases Everybody
Sixty-Two Years Old
yOL. LXIII. NO. 2.
THE DALTON CITIZEN, TH URSDAY, OCTOBER 17, 1912.
$1.00 PER ANNUM
BIG SHOCK BIG COURT
Col. T. C. Milner, Solicitor Gen
eral of This Circuit,
Died Suddenly.
HIS DALTON FRIENDS
MOURN HIS PASSING
Excellent Gentleman, Held in the
Highest Esteem, Is Deeply Mourn
ed Throughout Cherokee Cir
cuit—Funeral Monday.
In Preface to Grand Jury Charge
He Reviews His Con
tempt Case.
SAYS COURT DODGED
SALIENT FEATURES
“Fined for Saying ‘Tweedle-Dee and
Tweedle-Dum,’ ” Says Speaker—
Continues to Hold That
Opinion Dangerous.
JUDGE FIIE
Appellate Court Held He Was
in Contempt, and Imposed
the Maximum Fine.
STRONG ARGUMENTS
MADE BY COUNSEL
Case Marks Precedent in Georgia-
Three Judges Rendered Opinions,
All Holding That the Court Had
Been Treated With Contempt.
Correspondents Spent Friday
Here and Enjoyed Day at
the County Fair.
ABOUT 25 MEMBERS
OF CITIZEN’S CORPS
Following Dinner at Buchholz’s, Citi
zen’s Guests Spent Afternoon at
the Big Whitfield County
Farmers’ Fair.
Woodrow Wilson Certain To Be
Elected is Mr. Lee’s Firm
Opinion.
SPENT FRIDAY HERE
AT THE COUNTY FAIR
In Optimistic Interview Mr. Lee Tells
Why He Is Conldent of Democratic
Victory in National Election
In November.
Col. Thomas C. Milner, solicitor gen
eral of the Cherokee Judicial Circuit,
died suddenly in the office of Dr. S.
R. Roberts, in Atlanta, Saturday after
noon, news of his decease causing a
great shock, accompanied by intense
sorrow, in this city, for “Tom” Mil
ner was widely known and held in the
highest esteem in Dalton.
News of the sudden decease of Col.
Milner was brought here by the At
lanta papers Sunday morning, and ex
pressions of deep regret were heard
on all sides. Local people respected
and loved Col. Milner for what he was,
an excellent gentleman in the fullest
sense of the word. Conscientious in
his work, giving his best service to
the office of solicitor general and show
ing his big heart and thoughtfulness
in the troubles of others, he won a
place in the affection of the people
which caused his untimely demise to
be deeply mourned here.
Monday, the time set for the open
ing of the October term of Whitfield
superior court, was the time the
funeral of Col. Milner was held in
Cartersville; as a tribute to the de
ceased, court was not opened until
Tuesday morning, many attorneys of
the circuit going to Cartersville to be
present at the obsequies.
The Atlanta Journal of Sunday
morning carried the following account
of Col. Milner’s passing:
Not two hours after leaving the
court of appeals Saturday afternoon,
Col. Thomas Calhoun Milner, of Car
tersville, solicitor general of the Cher
okee circuit, Fifth Georgia district,
dropped dead in the office of Dr. Stew
art R. Roberts, 1024 Candler building,
of heart failure.
Col. Milner, who is known affection
ately among his friends as “Tom”
Milner, came to Atlanta Friday night
to witness the trial of Judge A. W.
Fite, who was fined Saturday after
noon for contempt of court. Colonel
Milner was prosecuting attorney in
the McCullough case, out of which the
contempt proceedings grew, and his
interest in them led him to make the
Atlanta trip.
He has been in ill health for several
years past, and he took the oppor
tunity while in Atlanta to call upon
Dr. Roberts for advice. At 6 o’clock
Saturday afternoon he entered the
doctor’s office, and as he stepped away
from the telephone, where he had been
talking to Dr. Roberts, who was not in
at the time the stroke. seized him,
he fell to the floor. He died almost
instantly.
Col. Milner was one of Cartersville’s
most well known citizens. He was
born in Bartow county in 1860,
being 62 years of age at the time of
his death. After graduating from the
State University at Athens, where he
studied law, Col. Milner practiced both
in Calhoun, Ga., and his native' city.
He had built up a large clientage at
the time of his election to the solicitor-
ship of the circuit, and was chosen
to this office by a handsome majority
over his opponent. At the recent state
primary he was re-elected after his
four years’ service without opposition.
As a citizen of Cartersville, Col. Mil
ner had done much for his city. He
was for many years president of the
board of education there, and was
known and loved by hundreds of its
citizens. He was a prominent secret
society man, being a member of many
fraternal organizations, including the
Masons, the Knights of Pythias, the
Odd Ft hws, the Red Men and the
Junior Order. He had been an elder
in the Presbyterian church for years.
In the early seventies he married
the daughter of an old Virginia fam
ily, Miss Ingraham. Besides his wife,
he leaves two sons, W. A. Milner and
J. C. Milner of Cartersville, and one
daughter, Mrs. J. W. Combs, of At
lanta.
Declaring that he would not hold
the opinion of the court of appeals in
the MeCulough case reversal as the
law until the supreme court of Geor
gia so held, and that then he would
bow his head in shame and resign be
fore charging such to a jury through
whose veins bower Anglo-Saxon blood.
Judge A. W. Fite, fined Saturday for-
onctempt by the court of appeals Tues
day morning launched a bitter and
sarcastic arraignment of the higher
court, prefacing the charge to the
grand jury with his account of the
contempt case.
When Judge Fite began speaking at
about 10:30, the court room was filled
with people attracted there to hear
what he would say in reference to
the contempt charge. Until 11 o’clock
he talked of the court of appeals,
using, in all, about 3,500 words.
He began by saying that he felt it
necessary to talk of the matter, in
justice to the court and the people.
He said he had never knowingly done
anything to impede and hinder the
cause of justice.
In reviewing the contempt case, he
held that he didn’t believe he had
gone beyond the limit allowed free
speech in his newspaper article on
which the contempt case was predicat
ed.
“They say I am the only judge in
the state who ever criticized one of
the higher courts; if such is the
case, I am proud of it, for I still hold
that the opinion handed down in the
McCullough case was the most dan
gerous ever delivered at any time,
by any court, at any place and under
any circumstances, for it affords an
additional defense to the negro in
cases of criminal assault or attempted
criminal assault,” he said.
“The court reversed itself,” he
said, “and in so doing, violated the
fundamental principles laid dow
by the supreme court. This they
did either ignorantly, or knowingly,
without law or logic, rhyme or rea
son.
“I charged them with misstating
the records, and I told the truth; but
they didn’t dare to open their mouths
about this. The really serious fea
tures of the newspaper article they
didn’t dare to touch on, but fined me
$500 for contempt for saying ‘Twee-
dle-dee and Tweedle-dum.’
“But they shall not lightly pass
over the serious matters charged by
me.”
Speaking further about the opinion,
he said it was not law and he would
not receive it as such until the
supreme court so held, and then he
would bow his .head in shame and
resign before charging a jury of
Anglo Saxons on this line.
“After declaring a recess,” saijd
Judge Fite, reverting back to the
contempt case, “the judges went into
a back room for the purpose of con
sulting and drawing up an opinion.
“They remained a half hour and
returned with an opinion for each
judge, which took three times as long
to read as the consultation, type
writing, etc., occupied.
“There were many in the court who
stated the belief that the opinions
had been prepared in advance; this
I do not charge; but I do say that if
such was the case, the trial was a
farce.”
Judge Fite closed with an appeal
to Whitfield legislators to introduce
a bill in the next general assembly
providing that the court be submitted
to the people as to whether or not it
should continue to exist, adding that
he was one who would assist the peo
ple of Georgia in wiping the court off
the face of the earth.
“When the court was first men
tioned, I fought it, knowing of the
evils which would spring up. I knew
that a big man would not want to
serve as judge of the court, and that
a little man could not fill the office,”
he said.
Judge A. W. Fite, cited before the
court of appeals to answer to the
charge of contempt of court, was held
guilty of contempt and fined $500,
with the alternative of spending ten
days in jail, the case coming up for
hearing Saturday. The Atlanta Jour
nal had the following to say concern
ing the hearing:
For writing two newspaper cards,
in which he severely criticised the
court of appeals of Georgia, Judge
Augustus W. Fite, of the Cherokee
circuit, was Saturday afternoon ad
judged in contempt by that court and
given the maximum fine of $500 and
costs, with an alternative of ten days
in the Fulton county jail. The fine
must be paid by October 28.
This case marks a precedent (in
Georgia. It is the first time a trial
judge has ever been haled before either
the court of appeals or the supreme
court on a charge of contempt. In
fact, only one other such case has ever
occurred in the United States, and
that was in 1908, in the state of Ne
vada, when a district judge was dis
barred for twenty days for having
criticised the supreme court of that
state and warned that he would be
permanently disbarred if he did not
retract his criticisms and expunge
them from the records of his court.
Realizing the gravity of the Fite
case and its effect as a precedent, the
court of appeals went into it very
thoroughly, having as its advisors and
representatives in the conduct of the
case Judge Samuel B. Adams, of Sa
vannah, and Judge Andrew J. Cobb, of
Athens, two of the state’s most learn
ed and honored jurists.
A state-wide interest was manifest
ed in the case, and the court room in
the apitol was crowded throughout
the hearing, which lasted from 11:30
Saturday morning to 6:20 in the even
ing, a recess of two hours being had
for lunch.
Three Potato Involved.
Each of the three justices of the
court—Judge Benjamin H. Hill, Judge
R. B. Russell and Judge J. R. Pottle—
rendered opinions, all agreeing that
the court had been scandalized and
treated with contempt which was
calculated to embarass it in adminis
tering justice. In his opinion, Judge
Hill, the presiding justice, stated that
three questions only were involved.
First—The jurisdiction of the court.
Second—Whether contempt had
been committed.
Third—The punishment to be ad
ministered.
It was agreed by all of the justices
that the court had full jurisdiction, as
it was the wronged court, and the case
reversed by the court which brought
forth Judge Fite’s criticisms was still
pending before that tribunal when the
contempt was uttered; that the court
as a whole had been treated with
flagrant contempt, and the individual
members thereof grossly defamed and
libeled, and that a severe penalty was
justified and demanded.
In the course of his comment, Judge
Hill declared that there was no appeal
from the judgment of the court of ap
peals in this case, it not being within
the power of the governor to review it,
as the judiciary alone was involved.
The speeches of Judge Adams and
Judge 'Cobb were the features of the
hearing. They were clear, dignified
and earnest dissertations on the dig
nity of the courts and the necessity
that proper respect be accorded them
by citizens generally, and especially
judges.
Speeches for Defense.
Strong speeches were also made by
Judge Milner, Judge Gober and Judge
Neel, of counsel for the respondent
judge. Judge Fite was represented by
Attorney S. P. Maddox, of Dalton; At
torney John H. Wykle, of Cartersville;
Judge George F. Gober, of Marietta;
Judge T. W. Milner, of Cartersville,
and Judge J. M. Neel, of Cartersville.
The verdict of the court, as at first
rendered, required Judge Fite to pay
his fine within ten days or go to jail,
The big reunion of The Citizen cor
respondents held here last week prov
ed eminently successful, bringing to
gether about 25 of the bustling news-
gatherers of this paper.
It proved by far the biggest re
union yet held by The Citizen, and
while it is impossible to speak for the
guests, it can be asserted as a posi
tive fact that the office force of The
Citizen thoroughly enjoyed the day.
The paper appreciated the large at
tendance, showing the interest taken
by the correspondents, and the only
regret is that some of the corre
spondents found it impossible to be
here.
The guests were all here by ten
o’clock, and the morning was spent in
a thorough inspection of the plant of
The Citizen. At 11:30 the reunion
crowd assembled at the restaurant of
L. Buchholz, where an excellent din
ner had been prepared.
It was at this point that a de
parture from the former custom was
taken, for, instead of remaining after
dinner to hear talks by different cor
respondents, the crowd voted to go in
a body to the fair grounds for the
afternoon.
Before leaving for the grounds, an
excellent group picture was made of
the crowd by Bill Murray.
At the fair grounds the crowd held
together and visited various shows,
trying out the riding devices and
spending some time in looking over
the exhibits and hearing the big sing
ing contest.
At about 3 o’clock the crowd separ
ated, many leaving for home and
others amusing themselves further at
the grounds.
The correspondents came for an en
joyable day, and all seemed to have
a good time. It was a happy crowd
of friends who, while unacquainted
when they arrived, had formed firm
friendships before the day was over.
Before separating plans for another
big reunion next year were begun,
showing that the correspondents want
to again meet and the reunion is cer
tain to take place one year hence.
Appended is a list of the corres
pondents who were present:
Mrs. S. E. Workman, Mr. and Mrs.
J. C. Parrott, Mr. and Mrs. R. A. Gul
dens, Mrs. Annie Bailey, Mrs. Lou-
crecia Smith, Misses Leila Kennemer,
Lizzie Jones, Ona Petet, Leona Lor-
mon, Susie King, Myrtle Giddens,
Leila Love, Agnes Palmer, Ruth Grif
fin, Clara Underwood, Ola Bailey, Exie
Stanfield; Messrs. J. L. Palmer, M.
Q. Workman, R. A. Giddens, Jr., L. N.
Dantzler, R. H. Stanfield, Luther and
J. B. Boyd, and James Wells.
but upon request of respondent’s coun
sel the time for payment was extended
to October 28 in order to permit Judge
Fite to complete a term of his court
before being called upon to decide be
tween the fine and jail sentence.
Congressman Gordon Lee, who has
been representing this district in the
national house of representatives just
as many terms as he has asked the
voters for the job, was a prominent
visitor at the Whitfield county fair on
FYiday of last week, and while here
he gave out an optimistic statement
predicting a sweeping victory for the
democratic party in the approaching
national election.
“It’s all Wilson,” said Mr. Lee.
“This statement is made after an ex
tensive investigation. I have discussed
the approaching election with politic
ians from all sections of the country,
and the opinion is formed after hear
ing what others have told me.
“That Governor Wilson will win a
sweeping victory is the prevailing op
inion, and I have discused the matter
with both democrats and republicans.
“The democrats have the utmost
confidence in Governor Wilson as a
leader and are satisfied with the prin
ciples embodied in the democratic plat
form. In addition to this, the party
has been recruited by many who have
grown dissatisfied with the republican
party and the differences which have
sprung up among the leaders. It looks
like victory is certain.”
Speaking of President Taft and Col
onel Roosevelt, Mr. Lee expressed the
opinion that the president is growing
stronger, while the Bull Moose is
losing.
“Many of the republicans who left
Taft for Roosevelt, following the or
ganization of the Progressive party,
are drifting back to the president. My
opinion is that Roosevelt is daily los
ing strength.”
In speaking of the Seventh district,
which went republican four years ago,
Mr. Lee said:
“The Seventh district is this year
coming back into the fold with the
rest of the democratic districts of
Georgia. The loss of the district four
years ago will not discourage the
democrats, but will cause them to go
to the polls and wipe out the memory
of the republican victory by a demo
cratic landslide.
“Mrs. Wilson is a Seventh district
girl, and this fact is causing the dis
trict to take a greater interest, the
people desiring to lend assistance in
sending Mrs. Wilson to the white
house as the “first lady of the land.”
Mr. Lee is making a trip over the
district, having visited six of the thir
teen counties. He is in the best of
health and spirits and while here talk
ed interestingly of the work of con
gress during the past session.
r
Mr. Advertiser
“I
<J Your printing mu£t be bought not only as a good
“buy,” but with an eye on its pulling possibilities as
well. Don’t forget that.
We have been building business by good printing
for upwards of twenty years, and should know how.
We are steadily and persistently learning the beSt in
publicity printing and buying the newest material to
properly carry good ideas.
€]] Every Student of publicity knows how great is the
value of good printing. They understand the differ
ence between printing and the kind we do—the beSt.
P Don’t hesitate to ask us to help you work out any
plans you may have in mind.
The A. J. Showalter Co.
Lll
L
Phone 18
Dalton, Ga.
J
Prominent Local Attorney Ap
pointed By Governor
Brown Tuesday.
TO FILL UNEXPIRED
TERM OF COL. MILNER
Commission Received Tuesday Night
and Solicitor Maddox Got Down
to Business Wednesday—Feels
Natural in Harness.
Col. S. P. Maddox Tuesday after
noon received the following telegram
from Governor Brown:
Hon. S. P. Maddox,
Dalton, Ga.
Have appointed you solicitor
general Cherokee circuit for the
unexpired term of Hon. T. C.
Milner, deceased. Commission
mailed you this afternoon.
Joseph M. Brown, Governor.
Immediately following his appoint
ment Col. Maddox was surrounded
by friends who warmly congratulated
him on getting the appointment, and
to them he stated he would accept
and get busy with the work.
The appointment is an excellent
one, for Col. Maddox has had con
siderable experience in the work, hav
ing served in that capacity for twelve
years. During his tenure in office he
made a reputation as a prosecuting
attorney that was statewide.
Being thoroughly familiar with the
work, Col. Maddox got down to busi
ness Wednesday, having acted as
solicitor at the request of Judge
Fite Tuesday morning when court
opened. During the session he will
be assisted by Col. Arthur Milner, of
Cartersville, son of the late lamented
solicitor general of this circuit.
Col. Maddox feels natural in har
ness; the four years he has been out
of the office have not tended to cause
him to forget the work he followed
well for a dozen years. Tuesday he
administered the oath to the grand
jury without a falter, and Tuesday
afternoon busied himself with pre
paring bills of inidetment.
Being unfamiliar with the cases on
the criminal docket, Col. Maddox will
be a busy man, familiarizing him
self with the cases and preparing the
method of prosecution.
Chamber of Commerce Will
Have Big Meeting Tonight
—All Are Urged to Come
A rousing meeting of the Chamber
of Commerce will be held tonight,
and all who have the interests of the
city at heart are urged to be present.
The council and power committee,
appointed by council, will meet with
the Chamber of Commerce, the main
object of the meeting being to dis
cuss the proposed contract with the
Georgia Railway & Power Company.
The city and the power company
are on the verge of a trade, and the
meeting is being held in an effort to
get the contract to be submitted to
the company arranged.
The meeting will be held in the
Chamber of Commerce rooms, over
the office of F. S. Pruden, and a large
attendance is desired.
Attention, Mothers!
Our Children’s and
Boys’ Department is full
of good Fall and Winter
Suits, Hats, Caps, Shoes
—at prices that mean a
saving.
The Economy Store.
(Advertisement.)
Prize Winners Are Receiving
Premiums Given Out
This Week.
ATTENDANCE BROKE
ALL. PAST RECORDS
Consensus of Opinion Was the Fair
Just Passed Was Greatest and
Best in Association’s History
—The Prize Winners.
The eleventh annual fair held under
the direction of the Whitfield County
Farmers’ Fair association is now a
matter of history; but it certainly did
make history. The exhibits were bet
ter, the midway attractions were bet-
ter—in fact, in not one single in
stance did a feature of this year’s fair
fall under a feature of any previous
fair.
Congresman Gordon Lee, Dr. E. M.
Nighbert, Dr. P. F. Bahnsen and
other distinguished visitors were
unanimous in the opinion that the fair
was a record braeker in the fullest
meaning of the word.
There were 175 entries in the stock
show, this proving one of the most
interesting features of the week.
The poultry tent was well filled;
the farm exhibits were unusually
fine, and the monster crowds that at
tended enjoyed the big show. On
Friday, the big day of the week, there
were more than 5,000 paid admissions
to the grounds. The officials will no-t
give out any attendance figures until
the records can be gone thoroughly
into; but they are confident that the
receipts broke all previous records.
This week, Treasurer F. S. Pruden
is busy giving out the premiums to
the winners. The Citizen is unable
to print a complete list of the prize
winners, as many have not yet called;
but the following is a fairly complete
and correct record:
Class A.
Best general farm exhibit, includ
ing stock; first and second prizes
divided between Walter Kenner and
D. Puryear.
Best general farm exhibit, not in
cluding stock, J. I. Tibbs; second
prize, Sam Tibbs.
Class B.
Best light harness colt foaled in
1910, H. F. Whitener; second, F. W.
Hix.
Best heavy harness colt foaled in
1910, J. A. Ward: second, W. H. C.
Freeman.
Best draft colt foaled in 1910, S.
R. Smith.
Best light harness colt foaled in
1911, D. L. Wheat.
Best heavy harness colt foaled in
1911, J. A. Griffin.
Best light harness colt foaled in
1912, W. B. Glaze; second, C. M. Hol
lingsworth.
Best heavy harness colt foaled in
1912, E. D. Bond; second, J. A. Ward.
Best draft colt foaled in 1912, C.
C. Speck; second, Ross Bates.
Best harness brood mare, W. Hol
land; second, J. A. Ward.
Best draft brood mare, Ross Bates;
second, C. C. Speck.
Best pair of draft horses shown
hitched to wagon, William Warmack.
Best harness stallion, T. J. Bryant;
second, T. J. Bryant.
Best draft stallion, S. R. Smith.
Best mule colt foaled in 1910, W.
Holland.
Best mule colt foaled in 1911,
Frank Hayes; second, J. A. Ward.
Best mule colt foaled in 1912, D. B.
Barrett.
Best pair of mules shown hitched
to wagon, J. A. Ward; second, J. A.
Albertson.
Best jack, S. R. Smith; second, S.
R. Smith.
Best jennet, W. H. C. Freeman.
Best Jersey cow, W. L. McWil
liams; second, S. N. McWilliams.
Best Durham cow, H. J. Vernon.
Best Jersey heifer, 1 year old, H.
J. Vernon.
Best Durham heifer, 1 year old, H.
J. Vernon.
Best Jersey bull, H. J. Vernon;
second, Charley Bartenfield.
Best Durham bull, H. J. Vernon.
Heaviest hog, S. R. Smith.
Best Poland-China boar, 1 year old,
S. R. Smith.
Best aged Berkshire boar, H. J.
Vernon.
Best pork hog, S. R. Smith.
Best sow and pigs by her side, S.
(Continued on page 8.)