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! D&iL'Veek.
WHEN IS A PLACE
PUBLIC PLACE?
M of Ipptals Hulls Dm Id-
Atlanta, da., July 9—Another Im
portant decision bearing on the Ques
tion of a “public place" as meant by
the prohibition act has been handed
down by the court of appeals In the
case of Charles Cooke from Macon
county. *y,
Cooke was convicted In the city
court of'Oglethorpe of keeping Intox
icants In a public place. An odd feat
ure Is that tbe public place was a
prison cell. While confined In Jail
Cooke gave a fellow prisoner a drinrf
out of his flask, the supply coming
from Chattanooga. The case came
before tbe Macon county court and
Cooke was convicted. The court ot
appeals reversed this and In the
opinion written by Judge Arthur
Powpl’. the following general prin
ciples were set forth:
“The phrase, 'public place,’ as used
in the prohibition law by a broad
general and hot constructive defini
tion,' includes any' place which, from
Its public character, members of the
general public frequent or where
they may be expected to congregate
at any time as a matter of common
Tight; also at any place at which,
even though It Is privately conducted,
« number of persons have assembled
through common usage or by general
and Indiscriminate Invitation, express
ed or Implied; It includes those
llaces which, though publicly owned,
devoted to a private t use and are
CHEAP CIFT- IN A
EINE BOX
..New York, July 8—It has long
been a practice among a certain class
of New Yorkers, who desire to put
on a bigger front than their thinly
padded salary envelopes will permit,
to purchase certain gifts at a store
where moderate prices prevail and
enclose them In boxes stamped with
the name of some fashionable and
high priced dealer on Fifth avenue.
This little Innocent deceit haB been
practiced largely in the matter of
wedding gifts which they would like
to purchase if their means permitted
at Tiffany’s. Consequently boxes
bearing that firm’s name are sought
more than any other. Their plan of
securing a box, although roundabout,
Is comparatively simple. They pur
chase a gift at Tlffan’s for example,
which is properly packed In a box
bearing the firm’s name, but instead
of keeping the purchase they return
the following day and ask to have
their money refunded. They do, how
ever, keep the box. They then pur
chase a similar article at a less fash
ionable and expensive store, put It
In the Tiffany box and send It on
with a snug satisfaction that no one
will ever know the difference. The
custom has been so much abused of
late that some of the fashionable
shops no longer print their names
on the boxes hut Instead stamp It
on every article. .
from which] the Indiscriminate public
Is generally' excluded, notwithstand
ing that at a particular time in ques
tion a number of persons may have
congregated .there if the congregation
Is the result 1 o: a special invitation
for that occasion alone.
“A town guard house relatively to
a prisoner confined In a cell therein
with safe cont'truction is not a pub
lic place.
“A person’s residence, primarily is
not a public place, though it may be
come so through the use to which
the owner devotes It”
Judge Powell expands the decision
at great length'. He holds that where
a person uses his home as a regular
depository for Intoxicants and Invites
many peopte there to drink, although
they friends and acquaintan
ces, makes his home a public place,
xclusive clubs, where people are not
Emitted Indiscriminately, is not a
bile place within the meaning of i
m
am
VALDOSTA, GA, SATU
JULY 11, 1908.
Hon. William Jennings
Democratic Nominee
ime&
AS TO EXTENDING
STATE ROAD
teenth *tre«t waa the' real ahojpl
centre ot Manhattan. A change came
with Gotham’s Increased population
and before New Yorkers could real
ize It the majority of the htzt shops
had moved to Twenty-third qtreei.
Another great change la now taking
place, and the recent purchtse of a
block on Fifth avenue between Thir
ty-seventh and Thirty-eighth streets
has made Manhattanites who eellght
In following the shifting centres of
business and population realize that
the real shopping district Is to be
on Firth avenue between Thirty-fourth
and Forty-second streets. It Is not
known yet Just who will get the new
block which was purchased for the
tidy sum of >7,000,000, for the utmost
secrecy surrounded the purchase.
However It is believed that one of
the big down-town stores will erect
building on the site, for already
Tiffany, .MoCreery’s and Altman's are
located In tnls neighborhood. Wan-
tho'| law. It Is held that a man has amaker’s store at Ninth and Broad-
the -right to keep Intoxicants in his way Is the only one that has held Its
home and to invite there friends on ground In the downstown section,
occasions to Join with him in a con- The location of this district affords
vlvlal glass. The decision Is Import- an Interesting commentary on the
ant at this time. way the shopping district has con-
Bryan Was
the First
ated on
ot at Denver.
When the Western Union Telegraph office opened
this morning, the first telegram received was a bulletin to
The Times from Denver, C0I4 .stating that William Jen
nings Bryan, of Nebraska, had be^n nominated on the first
Atlanta, Ga., July 9—For two days
past the house has devoted most of
Its time to discussing the bill for the
extension of the Western and Atlan
tic railroad, and it looks probable that
the discussion will continue tbe bal
ance of the week. Hooper Alexan
der, author of the measure, spoke
four hours and fifteen minutes In ad
vocacy of the measure, covering a
large part of the history of the state
road. He was followed by Joe Hill
Hall, of Bibb, who first wants to
amend It so ns to make the road
come by Grlffln, but prefers to defeat
the measure outright.
hopperfull of new bills were
poured Into the house yesterday be
fore the argumemt on the Western
and Atlantic began. Mr. Wynne, ot
Pulaski wantt to place gaming and
betting under a felony law Instead
of a misdemeanor. Mr. Trent, of
Heard, wants to amend the prohibi
tion act so it will not Interfere with
tho work of dentists. It Is claimed
that dentists have much trouble un
der the present law.
Wants Solicitors Appointed.
Senator Henderson, of the thirty-
ninth district, wants to change the
law back so solicitors and Judges of
TIED ON TRACK
ssperlor court circuits arjuho longer
its. <i
elected, by popular vote. * He does
|nt to put the Job on the legis-
delegation stood solidly agali _
for him durlngjho speech of {he blln d senatoi
day, Cel. W. af West, of Lowndes c ounty, a jlslegat. at largi from Geor
gia, gathered up the Georgia banner and held It aloft, while the Georgia
delegation gathered about It and pr evented ita being placed In the Bryan
line.
Among all of the Southern state t, Georgia stood truer for conserva
tism than any of the others.
the
GEORGIA FINALLY FELL IN THE BRYAN COLUMN.
At a subsequent caucus Thursday Georgia yltlded to the Inevitable
and decided to vote aolldly for Bryan, «’
This decision was resehed after two caucuses had been held Thurs
day, which fallowed the decision o£-{jew Yorkidslegates to vote for
Nebraskan on the first ballot when the roll of slice. was called.
New York’s determination came as the last crushing blow to the
fight Georgia hat made, along with "The Allies’’ to resist the tide of Bry-
anlam.
At the first caucus held by Georgia it was decided that each man
vote as he pleased. On this basis Bryan had four votes In the delegation,
Johnson one and Gray twenty-one.
Permanent Chairman Clayton Informed the Georgian* last night that
their anti-Bryan move would avail nothing, wherefora It waa decided to
abandon all efforts.
At a second caucus Georgia yielded to tho Inevitable and decided to
vote solldiy as a delegation for Bryan on the first ballot ,
stantly moved northward. When the new “ ore *“ er * ctod be,ld0 tho °' d
• . „ ' , Lone and many of the same people
store ws, first built everybody pre-K 90ndemned fl „ t bu , 1(llng
dieted It would fall because It was criticised the new one as being too
sg far uptown. A few years ago a|far down
Base
ng
The senate Wednesday devol
moat of Its session to a discussion of
the bill' aproprlatlng $15,000 to the
Georgia Normal. and Industrial Col-
lcgu at Mlllodgovjllo. It;waa oppos
ed by Senators Knight and Camp,
hut passed by a vote of 85 to 0.
The bill prohibiting railroads from
employing Inexperlonced persons as
engineers passed unanimously. Sen
ator Deen’s bill requiring births
be reported to the ordinaries in each
county, (ailed to paBs by a vote ot
25 to 15, but notlco was served of a
reconsideration. The Overstreet-
Born bill to grant the railroad com
mission authority to past on corpo
ration charters was defeated by a
vote of 30 to 9. Senator Stepbons
wants to organize “The Georgia Vol
unteers” which sball not be subject
to the call of congress for nctlve mil
itary duty.
Julian Harris Succeeds Father.
Julian Harris, son of the lato Joel
Chandler Harris, has been eleeted
editor and general manager of Uncle
Remus' Magazine In tbe place of his
father. He haa been general man
ager since tbe foundation of the
Tbomnsvllle, Ga., July 7—A rather
mysterious accident happened here
early this morning. Just as train 67
from Savannah was coming In loud
screams were beard In the direction
of the Dawson street crossing. Peo
ple In tbe neighborhood, aroused by
the cries, ran to the crossing and
found the fireman of the train bend
ing over a man who was groaning
and who proved to be George R.
Adams, formerly an employe of the
COast Line Railroad, but now keeping
a store In Fletchervllle. The too* .
and part of one ot hi* feet had been
cut off by the train. The finOMt'
said that when be and tho engineer
saw him ,whloh was too late to atop
the train, be was lying face down
ward with one root on the rail. 1 He
was carried to Dr. Molntosh’s office,
where part of the foot was ampu
tated .
The man seems dazed and only
partly conaclous, but from what can
be gathered he was attacked by two
negroes on Us way to hts home, as
he was coming through tljo perk, and
probably aandbagged and' bla body
put upon tbe railroad tsack. Partly
regaining consciousness he endeavor
ed to crawl off the track bat wan Mg
strong enough to get dear of
It Is BUCPbBod-lhfvLttazifc naiwHili
was for
VERDICT AGAINST 8TANDAR0
Rochester, N. Y„ July 8—Counsel 1
for tHe Standard Oil Company apj.sn^
tin re. dad; •iHi-rcLtw-jrj'Sj.
for ■ new trial la the rebate ease In
which the company Wae recently
found guilty here. The verdict of
guilty ended In e ten dey’e trial In
which the oil company waa oharged
with an alleged violation of the Inter-
etate commerce law in accepting con-
ceaalona from the field tariff on chip-
monte of oil from Oleon, N. V., to
Rutland and Bellowa Falla, VL There
were forty counts on the Indictment.
If the verdict of the trial court Is up
held the company may bs fined a to
ut of $800,000.
magazine, and will now astnime the
editorship. Don Marquis will contin
ue as associate editor. *It Is stated
that tho magazine Is well cztahllzhed
now, and Its continuance and auo-
eess Is assured. Uncle Rernuz left
a large amount of unpublished man
uscript which will he used In the
mngazlne. Julian Harris Is esteemed
one of the ablest young newspaper
men In the south. He Is only 34 years
old.
Ask for Schram Automatic Fruit
Jars. Fry & Varnedoe.
7-9-d tw sw.
Goods.
Spalding’s Base Ball Line, League
Balls, Masks, Mits, Bats, Guide
Books, Etc.
HAMMOCKS, CROQUET SETS
H ardware \
eadqiiarters, ■
f Sash, Doors, Paints and Mantels.