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SAID THERE WAS NO VACANCY.
<;ov. ATKnsnv nroinns MR.
"WEST STILL A COMMISSIONER.
Did Not Issue a Commission for Mr.
\V. D. Stmklns— County Attorney
Saul}' Taken a Different Gronml.
Hold* Tliat tlie Acceptance of_a
j Commission, While It Doc* Not
Varntr an Office >f Itself. In ttu
I Oceanian for Dcclnriour a A Heaney.
Mr. Lyons to He Sworn In a* n
Coni lu Inn I oner To-day.
Gov. W. T. Atkinson has declined to
Issue a commission to Mr. W. 1). Simkins
a? a commissioner and ox-offlcio judge of
Chatham county to take the place vaca
ted by Commissioner T N< well West, on
the ground that the acceptance of an of
fice in the volunteer army of the I’nited
States does not necessarily vacate a civil
office.
A letter was received from the Gover
nor yesterday morning stating this fact,
and saying the commission could not l>o
Issued under the circumstances, as no va
cancy existed. The letter was written on
the advice of Attorney General Joseph M.
Terrell, and upon its receipt Chairman J.
J. Dale turned It over to the county at
torney, Mr. J. It. Saussy, who will reply
to it.
The commission for Mr. John Lyons ar
rived however, and is at present In the
office of the ordinary. Mr. Lyons was not
sworn in yesterday as Judge Hampton
L. Ferrili was out of the city. Judge Fer
rill will, be hire to-day, however, and
Mr. Lyons will take the oath of office,
fhat will be necessary in order to give
the board a quorum as Mr. F. S. Lathrpp
has gone North, and Chairman Dale and
Commissioner Guckenheimer are the only
members here.
With regard to the case of Commission
er West, the county attorney agrees with
the attorney general that the acceptance
of a commission in the volunteer army of
the United States does not immediately 'of
itself vacate a civil office, but he holds
that under the code it is an occasion for
declaring a vacancy w henever it becomes
necessary. The code distinctly says thut
the acts of such a person while holding a
commission in the civil service are valid
as the acts of an officer de facto. In
other words until his official status is
determined his acts are valid as long as
he holds the* commission. But the vacat
ing of the office, Mr. Saussy holds should
extend from the time that the fact is
judicially ascertained and declared by the
proper tribunal.
In case a civil officer moved to another
state and took up his residence there, he
would, of course, vacate his office; but
the heading of a commission in the vol
unteer army is not regarded as in any
wise a similar case. ISut the holding of
any office under the United States, except
that of postmaster, is sufficient cause for
vacating any civil office, Mr. Saussy
eayfe. vThe United States army is an
autocratic body so to speak. Its mem
bers act not in accordance with their own
volition, but are subject to orders to go
wherever they are sent. Under such cir
cumstances he is Satisfied that there is
occasion for declaring a vacancy, ass soon
as the fact of the acceptance of such a
commission is Judicially ascertained.
Pending the correspondence with regard
to the matter nothing can, of course. l>e
done. It is not known whether the Gov
ernor will stand by or recede from his
action, when the facts stated are brought
before him. A statement of Ihe case will
be eent lo Atlanta, and it may be that
the matter will lie put in a different light,
but that remains to be seen.
The frouble is just now that the com
missioners stand in danger of being left
without a quorum for a month or two,
and they are required by law to bold
regular monthly meetings. Mr. Lathrop
is away, and Chairman Dale expects to
leave the city uhout the middle of this
month. This would leave only Commis
sioners Guckenheimer and Lyons in the
city, and it takes three to make a quorum.
The only chance now appears to be In
getting the Governor to recede from his
position, or only one member of the board
can go away from the city at a time.
TO RECRUIT 11 COCKADE CREWS.
43 Men lo Re Sent From Here lo the
Cutters Morrill and Mel.ean.
Capt. Phillips of the revenue cutter
Boutwell received a telegram last night
adviEing him that the cutter Colfax had
been ordered here and from the two ves
sels will be made up a detail of forty
three men to be taken to Tampa by
Lieut. Ainsworth of the Boutwell and
there turned over to the cutters Morrill
and McLean of the blockade fleet off Ha
vana.
The detail will consist of boatswain,
master-at-arms, carpenter, gunner, gun
ner's mate, coxswain, three quartermas
ters, fourteen seamen, four ordinary sea
men, two oilers, four firemen, five coat
passers, cabin and wardroom steward,
ship's cook and two boys.
Lleutj Ainsworth will leave with the
men immediately on arrival of the Col
fox and will turn them over to Capt. H.
D. Smith. The Morrell amt McLean have
both been on blockade duty for the last
two months and the men are needed to
complete their crews.
The removal of the detachment will de
plete the crews of the Boutwell and Col*
fox, which will at once be recruited.
THE FRESH AIR HOME.
Informal Opening or the Home at
Tyhee To-morrow,
The King's Daughters of Savannah held
a general meeting yesterday afternoon at
their headquarters. The special matter
under discussion was the fresh air home
for poor children, which has been gotten
up chiefly through the efforts ol .the Froe
bel Circle.
Sufficient funds have been raised to start
this charity going, and the home will lie
Opened to-morrow. A house has been se
cured for the purpose on the north end of
Tybee Island, where the occupants can
catch the cool sea breezes and enjoy tlie
resort. There will be an informal opening
Of the home to-morrow afternoon, and the
public are cordially invited to attend be
tween 4 and 6 o’clock. The children ore
to be carried down by the King's Daugh
ters and given an outing, not for one, but
several days. This will, no doubt, prove
a well patronized charity.
DEATH OF S. (1. HAWKS,
He Died at Oakland Rills, Maryland,
Sii mill y.
The death of Mr, Stevens G. Haynes,
fciftnerly of this etty, occurred at Oakland
Wills, Howard county, Maryland, last Sun
day, Mr. Haynes was one of the mot t
prominent grain merchants In this part of
the South. He came to Savannah from
Baltimore Just after the civil war, and
began business under the name of S. G.
Haynes & Bro. He made a large for
tune, but lost It. He left here about ten
years ago, and has since lived in Mary
yami.
MIDST A WEALTH OF FLOWERS.
Dr. William Chase OlTntt and Alls*
Mary McGlashan Were Wedded.
Miss Mary Selkirk McGlashan became
the bride of I>r. William Chase Offuit
last night. The ceremony was performed
at the residence of the bride's parents,
No. 307 Liberty street, east, at 9 o’clock,
by Rev. J. 1). Jordan, of the First Bap
tist Church. Only the families and a few
Cloe. friends of the contracting par.ies
w< re present.
The parlors had been exquisitely deco
rated for the occasion. Balms and cut
flowers were everywhere, the walls were
covered with evergreen and masses of
b> autiful roses concealed the mantles trem
view. Both rooms were converted into
floral bowers, pink and white being the
oeeorations of one parlor, while in the
othei wviv the molt glowing hies of red.
Surrounded by this work of tasteful and
Jovirg hands, the bridal scene was at
once pretty and impressive.
Th. bride wore a gown of white organ
die over white taffeta. White satin rib
l>on and lace were the trimmings. The
bodice added to the charmingly dainty ef
fect with its embellishments of puffs and
friils, witli lace intermingling. A sash of
white satin ribbon was worn. The bridal
veil was fastened with orange blossoms.
Her bouquet was of white* roses and ferns.
A precious heirloom, a diamond brooch,
was the orilv jewel ornament.
Miss Mattie McGlashan, the sister of
the bride, was the maid of honor. Her
gown was of white organdie with pink
ribbons, while her bouquet was of Lit
France ros. s. The best man was Mr.
Robert Cain. Miss Muldah McGl ishan
was bridesmaid, und was attended by Mr.
L. Id. Strution.
After the ceremony there was a recep
tion. Many friends of the bride and
groom c alled to extend their tfrsl wishes
and congratulations. Presents that were
beautiful and costly were in abundance
and denoted the feajing of esteem enter
tained for them. I)r. and Mrs. Olfutt left
on the 2 o'clock train tliis morning for
Richmond. From there they will go to
Washington, New York, Niagara Falls,
and other points of interest in this coun
try and Canada, their bridal trip, which
will extend to October, including a visit
to the parents of Dr. Offutt in Manches
ter, N. H. On their return they will make
their home with Gen. and Mrs. Mc-
Glashan.
Dr. Offut is a well known business man.
He has been a resident of Savannah for
eight years, and Is president of the Savan
nah Drug and Chemical Company. The
bride is Ihe eldest daughter of one of the
most valiant of the soldiers of the Con
federacy. Her father, enlisting in the
army as a private, came out a brigadier
general, his commission as such being the
last signed by President Davis before the
fall of Richmond. He commanded the
Fiftieth Georgia Regiment, and won a
record of which any soldier might be
proud. He is now president of the Confed
erate Veterans' Association. Asa teacher
in the public schools and In other walks
of life, the bride has shown the possession
of charming qualities of intnd and heart
which have attached many to her, and
which brought to her on her bridal night
the best wishes of a host of warm friends.
GOING TO CURA TO FIGHT,
Ex-Consul General DeLeon Visiting
His Savannah Friends.
Mr. Perry dcLeon, recently consul gen
eral to Ecuador, and whose resignation is
now in the hands of the state department,
has been In Savannah this week renewing
old acquaintances prior to making his de
parture for Cuba, where he expects to
serve on the staff of Gen. Wheeler, or
some other colnmander, during the cam
paigns on the Island.
Mr. deLeon has many acquaintances
here, having been a resident of Savannah
some years ago. He is well known through
his literary work. Ever since the break
ing out of hostilities with Spain he has
been anxious to have a hand In it. Com
ing on from Ecuador he tendered his res
ignation as consul general in order that
he might secure a commission in the
army. The crush of applicants convinced
Mr. de Leon that if he was going to see
any active service at an early date some
other course would have to be pursued, so
he secured letters to Gens. la*e, Wheeler
and a number of others prominent in the
army, and with these he hopes to secure
a position on one of the staffs In the field.
He left here last night for Jacksonville,
where he will see. Gen. Lee. From there
ho goes to Tampa, where he will be pro
vided wiih a mount and accoutrements,
and will sail on the first transport for
Santiago. He carries with him a letter
directing the commanding general to ex
tend to him thest privileges.
Congressman lioutolle of Maine and
some other prominent members of Con
gress have urged the state department
not lo accept Mr. De Leon’s resignation,
but instead to grant him an Indefinite leave
of absence, Mr. Boutelte's efforts in this
direction are due to the fact that ho gained
promotion in the Federal navy by his gal
lantry while fighting the Confederate ram
Albemarle on which Mr. De Leon was an
officer. Others are ink rested through the
knowledge that Mr. De Leon has mad* a
tine record as consul. The Exporters' As.
sedation of America declared in a letter
to the department of state that his reports
on commercial matters were "the most
satisfactory they had ever received from
any consul In Spanish America." If in
definite* leave is granted he will be re
tainedin the consular service, but his pay
will cease on Aug. 1.
SHOT HIS DAI OUTER'S LOVER.
John Hndcllfl’e Puls a Outlet Into
John \\ Hite's Shoulder.
John Wade, colored, of No. 606 Bay
street, west, was shot at Buy and Lum
ber streets about 8 o'clock last night by
John Uadcliffe, aged 50 area rs. The ball
took effect near Wad blade,
but was later extracted by City Physician
Howkins.
Raddiffe made a statement about the
affair to the effect (hat he had been
hunting Wade some time. W'ade is said
to have written a letter to Rideliffcs
daughter. In which he said he "loved
her.” This angered Hadcllffe, who de
termined to have an understanding about
the letter when lie met Wade. They did
not run together until last night, how
ever, when only a few words preceded
the shooting.
Policeman Fitzhenry of the Ocean
Steamship force, arrested Hadcliffe and
sent him to the barracks. He will be be
fore tile Recorder this morning.
SAN AN\AH'S IHG 1.l tlUllß CARGO.
The Maeeilon Carried the Largest
Ever Shipped From tile Port.
The British ship Macedon, which clear
ed for Santos. Brazil, yesterday, carried
Ihe largest cargo of lumber which has yet
left ttiis port. Her total cargo, Ik low and
on deck, was 1,106,<02 feet of pitch pine
lumlier, shipped by the Georgia Lumber
- Company. The largest cargo prior to this
was to the same port, Santos, amt con
sisted of 1,013,667 feet of lumber, shipped
on the bark Euphemia, which chared
Jan. 26, 1897. The Macedon, which will
go out this morning, will dtaw 23 feet 9
inches, ller tonnage is 1,153 tons.
THE MORNING NEWS: THURSDAY. JULY 7. 1898.
NEARLY HALF A MILLION.
GEN. JACKSON'S PROPERTY VAL
UED AT $430,000.
Appraisement of the Estate Filed In
the Court of Ordinary Yesterday.
Some of the Valuable Pieces of
Property Owned by the Testator.
Tin* lien! Estate Worth More Thau
sl*o,ooo—About tg.KMtOO of the Notes
Held Not Covered by Security So
Far as Is Known,
The appraisement of the estate of Gen.
Henry R. Jackson was filed in the Court
of Ordinary yesterday. The value of all
of the real estate owned by him, accord
ing to the appraiser.-, is $180,075, and of
the personal property $241,891.29, or a total
of $121,969.29.
Gen. Jackson ownrd some of the choicest
piece of real estate around Savannah, and
it is probable that, all told, it would bring
much more than the amount named, If
there were a good market for real estate,
and people were doing much buying. Eacli
piece of property Is taken up by the ap
praisers and valued separately, the de
scription of it being also given. The ap
praisers are Messrs. H. C. Cunningham. T.
Lloyd Gwen?, John L. Archer, John
Screven and A. Minis. The values of the
different pieces of real estate belonging to
the estate were given as follows:
Lots Nos. 14 and 43, Monterey ward,
northeast corner of Bull and Gaston
streets, and the late residence of Gen.
Jackson, were valued at $30,000.
Lot No. 6, Vernon tything, Heathcote
ward, at Barnard and Oglethorpe avenue,
now occupied by Miss McAlpin, valued at
$12,500.
Another lot in the same locality, with
two dwelling houses, one occupied by C.
H. Thompson and the other by Miss Dev
ereaux, valued at $9,000.
Western half of lot No. 58, Brown ward,
on Liberty street, now occupied by Capt.
D. G, Purse, valued at $9,€00.
Lot No. 66, Forsyth ward, on Drayton
street, facing Forsyth Park, residence oc
cupied by William H. Baker, valued at
$9,000.
Lot No. 21. Pulaski ward, on Barnard
street, in Pulaski square, not occupied,
valued at $7,500.
The eastern half of lot No. 16, Calhoun
ward, northwest corner of Abercorn and
Taylor streets, residence, occupied by M.
S. Lyck, valued at $9,000.
The property consisting of stores and
shops, on the northwest corner of Dray
ton and Broughton streets, valued at $12,-
500.
Most of the other values run smaller
than these. Two lots on Second street
with one-story house are valued at $2,000;
another lot on Second street w'ith im
provements, $2,800; house and lot on An
derson street, Itetween Jefferson and Bar
nard, $3,560; the property at 439 and 441
Price street, $2,000; lot No. 82 Gue* ward,
$3,000; house and lot on Habersham street,
$1,500; eight brick houses and a store in
Yamaeraw, $7,500; another lot and house
on Mills street, $1,500; a store and two
dwellings at Jefferson and Chariton, $4,000;
165 lots in Johnston and Atlantic wards
east of the Savannah, Florida and West
ern Railroad, $15,000; two lots on Gaston
street, in Berrien ward, $1,500; six lots with
twenty-two smail wooden houses on the
McNtsh tract, $2,500; four-fifths Interest
in about thirty-two acres known as the
Baynard tract, $12,000; 164 acres on the
White Bluff road, at the village of Hamp
stead, $5,000; about 300 lots south of the
city, $5,000; certain lots in Percival ward,
$2,500; 800 acres in Effingham county, $800;
house and lot on Alexander street in At
lanta, $5,000. Besides these there were a
dozen or more smaller pieces of real estate
valued all the way from SIOO to SI,OOO.
The personal property consisted partly
of stocks and bonds, and partly of notes.
There were $12,000 first mortgage bonds of
the City and Suburban Railway Compa
ny, worth par; $3,000 6-per-cents Savan
nah Volunteer Guards, worth $2,400; $2,000
second mortgage 7-per-eents Georgia and
Florida Railroad; thirty-seven shares of
the Savannah Gas Light Company, valued
at $850; 526 shares of the Brunswick Sav
ings and Trust Company, valued at $9,000;
$48,000 second preference Income bonds of
the Central of Georgia, valued at $6,240;
ninety shares of the Atlanta Home In
surance Company, stock valued at $9,000;
an obligation of the Georgia Historical
Society, valued at $7,400.76; notes due by
different parties aggregating more than
SIOO,OOO. of which $51,000 were not secured,
and an obligation from the Okeflnokee
Trust to Get). Jackson amounting to $27,-
932.94, and valued at par by the appraisers.
It is considered that the actual value of
the estate is more than $350,000.
TAX FOR FANVN TICKETS.
People Who ‘Patronize Their Uncle
NVtlt Have to l’nt t p a Stamp.
Fifteen thousand one-cent stamps were
received by Deputy Collector Wilson yes
terday morning and almost before the
public had become aware of the fact they
had been sold. No stamps of any other
denomination arrived and the famine still
continues.
Deputy Collector Basch received Instruc
tions to the effect that pawnbrokers must
affix a len-cent stamp on every receipt
issued by them. While it is the intention
to place this tax directly on the pawn
brokers it ts quite probable that those do
ing the “hocking” will foot the* bill. There
are several pawn shops in Savannah, hun
dreds of articles are probably pawned on
most days and the revenue from this
source will be considerable.
Collector Basch is also at work trying
to locate the parties who are doing a
heavy business loaning out money
privately at stiff rates of In
terest. There is said to . be a
number of men here who make a hand
some sum every year out of their opera
tions on this litre. They are supposed to
be subject to the tax on brokers and to
other special taxes and an effort will be
made to locate them.
VETERANS MAID OF HONOR.
Miss Mcl.aws to Represent the First
District at the Reunion.
In response to a request from Gen.
Clement A. Evans, president of the Con
federate Reunion Association, the officers
of Lafayette Mi-Laws Camp No. 596, Uni
ted Confederate Veterans of this city,
have selected Miss Elizabeth X'. McLaws,
youngest daughter of the late Gen. Mc-
Laws, as inaid of honor for (he First con
gressional district of Georgia. Miss Mc-
Laws will accept the honor. The eighth
anntiul reunion will take place in Atlanta
July 26, 21, 22 and 23.
Do You Kcuil
What people arc saying about Hood's Sar
saparilla? It is curing the worst cases of
scrofula, dyspepsia, rheumatism and all
forms of blood disease, eruptions, sores,
boils and pimples. It is giving strength
to weak and tired women. Why should
you hesitate lo take it when it Is doing
so much tor others?
Hood's Pills arc the best family cathar
tic and liver tonic. Geutle t reliable, sure.
* —ad.
48 YEARS IN NEWSPAPER DOM.
Mr. Henry J. Middleton Nearly Half
Century With the Morning News.
It Is not often that one man works near
ly the entire span of life in the same place
and at the sarm- calling, but Mr. Henry J.
Middleton, foreman of the Morning
News, passed' the 48th anniversary of his
connection with it on Monday, he having
entered th% office as an apprentice on July
5, 1850. He was not quite 13 years of age
and on that day was apprenticed to the
late Mr. John P.. Cubbedge, who then
printed the paper by contract for the late
John M. Cooper, its proprietor. It was a
sheet about the size of one page of the
-Morning News of to-day.
During the following year the Morn
ing News bought its own outfit
and Mr. Cubbedge removed tils
material from the upper rooms of what
is now known as No. 19 Bay street, east,
and occupied by Hon. T M. Norwood, and
J. A. Cronk, Esq., as law offices, to rooms
tn the third-story of the Sorrel building,
just over the present Western Union Tele
graph office. Mr. Middleton and Mr. Cub
bedge's other apprentices, of course, mov
ed with him. He there published tiie
Portfolio, a weekly literary paper, and
soon after the Evening Journal. Here
Mr. Middleton, being an older boy by* a
year or two, helped initiate the present
proprietor of the Morning News into the
mysteries of typesetting, and other things
connected with the "art preservative of all
arts."
The kaleidoscopic changes in Savan
nah newspapers merged the Even
ing Journal into the Daily Courier, under
the name of the Journal and Courier, and
Mr. Middleton was changed with it. These
papers eventually passed away* after a
consolidation with the old Savannah
Georgian, However, in the meanwhile
Mr. Middleton again went to work on the
Morning News. Tips was in 1854. Sa
vannah had just been swept by a hurri
cane. The Morning News then occupied
the premises next to where it had been
printed in 1850, now No. 21 Bay street, east
—where it remained un;il 1875 the
storm took away the tin roof of the build
ing, and the water surged through the re
maining frame work, and only candle dips
could l>e had to furnish light, Ihe gas
works having been injured by the gale.
Hei continued with the Morning News
until the close of the war, when
he changed hi: quarters to the
office of the Daily Republican, where he
worked until he was made foreman of the
Daily Advertiser. Those papers were soon
after consolidated under the name of the
Advertiser-Republican, and Mr. Middle
ton continued as foreman until the Adver
tiser was absorbed by the Morning News.
This change brought Mr. Middleton back
to his old love, and here he has remained
ever since, flrst as a compositor, and about
15 years as foreman.
Mr. Middleton is still a very active man
and bids fair to live many years; in fact,
to those who know him well he seems as
young as he was a quarter of n century
since. He is a good foreman, just alike
to employer and employed, keeping in
touch with both, and is what can be said
of few men in his position, popular in the
composing room, editorial room and busi
ness office. The Morning News, while It
cannot indulge in the wish that he will be
with it forty-eight years more, hopes that
it will be many years before he has to
leave the newspaper which he was with
almost nt its birth.
MOVING A HOUSE BY SCREWS.
Novel Work of Dividing o Double
Residence op Whitaker Street.
A piece of work of unusual interest Is
now going on in Savannah, the novelty
of which surprises all who have seen it.
The work i> being done on two 3-story
houses on Whitaker street, between Wald
burg and New Houston. The houses are
of the kind known as a "double house,”
and are of brick. The work consists of
detaching them and moving the southern
house about thirty-five feet from its orig
inal position, leaving the northern house
where it stands, making two separate In
stead of one double house.
Many frame houses have been moved in
Savannah, but this Is the first attempt at
moving a brick house, and Us successful
carrying out may be followed by others.
It is a work requiring unusual care and
skill, the main difficulty being to prevent
the settling and cracking of the wails. It
Is intended that the house shall be moved
and placed on its new foundations without
even the breaking of plastering, the deco
ration of which is costly. . Most people will
find this hard to believe, but they would
likewise find it hard to believe that a
brick house could be moved at all.
The work has been going on for about
two weeks. The new foundations have been
built, and the house has already been mov
ed about twenty feet without any damage.
The principal work in the moving, which
has already been done, consisted of cutting
the houses apart and raising the southern
house off Us old foundation and placing
it on rollers. In this work several car
loads of material have been used which
had to be special of its kind. Ninety-six
large jack-screws were used to support
the bouse and jack-screws are also being
used lo move the house. The old party
wall has been left on the northern house
and this leaves hut three skits to the
house that is being moved, the open side
being shored up during the moving.
It is expected that the work of moving
will be completed during the next week.
After that has been finished both houses
will he remodeled, making two separate,
handsome houses Instead of the one largo
double house.
The work is all being done from plans
by and under (he direction of Architects
Eichberg & XYitcover. The contract for
the moving is let to Pirn & Taylor of At
lanta, and the contract for the remodel
ing after the moving is finished has been
let to Stewart Contracting Company. It
is exiK'cted that the work will bo completed
and the houses .ready for occupancy by
Sept. 1.
GIVEN A .ft. Vat VERDICT.
Jury Awards Dr. Paige Damages fur
the Loss of His Horne.
The suit of J. D. Paige against the
Ocean Steamship Company for SI,(HX dam
ages for the loss of a horse, was tried
In the City Court yesterday, resulting in
a verdict for SSOO in favor of the plain
tiff’. This is ihe third time the suit has
been tried. The first time the plaintiff
was given SSOO and the second time there
was a mistrial. l)r. Paige had a horse
sent out from Boston by steamer in Oc
toltor, 1890. The animal, which was a
valuable one. was killed on the way. and
its death was alleged to have been due to
the negligence of the company.
NX XNT TO RE CITY PHYSICIAN.
Plenty of Vpplicnnts for Dr.' Kenan's
Place.
A number of applicants are coming out
for the vacancy caused by the resigna
tion of City Physician Kenan, which goes
into effect Ju y 15. His successor will l>e
named at the meeting of ihe Sanitary
HoaiM Tuesday, and will be recommended
for election ai the following meeting of
Council.
Among the applicants so far arc Dr. XV.
E. Norton, Dr. C. B. I-anneau, Dr. Fritz
Wahl. Jjr. C. C. Lawrence and Dr. H.
Brooks. Jr The First district is the ter
ritory which the new physician will have
to overlook. '
NO RIGHT TO TAX BUSINESS.
EXPRESS COMPANY SHOULD PAY
FOR THE STAMPS IT USES.
Lawyers Are of the Opinion Tknt It
Can Not Legally Throw Thin Har
den on the Public*— 4 Teat Cnae
likely to He Made—Looklnff Into
the Mntter of the Stamp on Tele
grams.
A tost case will be male here at once
to determine the right of the Southern
Express Company to compel shippers to
pay the war tax of one cent imposed on
etery bill of lading issued by it.
Some member of the Board of Trade will
send a package to the office of the Com
pany here for transportation and will re
fuse to affix the one cent stamp or pay
that amount extra to the company. If
the agent of the' express company de
clines to forward the package action will
theri be begun against it as a common
carrier for violation of its duties under
its charter, or a direct appeal will first
be made to the commissioner of internal
revenue for a ruling, it to be followed
by an action in the courts if the company
persists in holding the public liable for
the tax.
Several well known lawyers here are
understood to have advised their clients
that the express company is liable under
the law for the tax and that it has no
legal right to throw the burden on ship
pers. The Board of Trade has secured
an opinion on the point from Mr. Emile
Newman, of Garrard, Meldrim & New
man, who writes as follows:
Capt. D. G. Purse, President Savannah
Board of Trade. Dear Sir: Since meet
ing you this morning I have looked into
the war revenue law, approved on June
IS, IS9B, in respect to the duty of a com
mon carrier to stamp bills of lading. This
particular tax is embraced in schedule A,
page 13, of the act before me, and it says
that:
" ‘lt shall be the duty of every railroad
or steamboat company, carrier, express
company, or corporation or person, whose
occupation is to act as such, to issue to
the shipper or consignor, or his or
person from whom any goods are accepted
for transportation, a bill of lading, mani
fest or other evidence of receipt and for
warding for each shipment received for
carriage and transportation, whether in
bulk or boxes, bales, packages, bundles,
or not so inclosed or included; and there
shall be duly attached and cancelled, as
in this act provided, to each of said bills
of lading, manifests or other memoran
dum, and to each duplicate thereof, a
stamp of the value of one cent, provided
that but one bill of lading shall be requir
ed of bundles or packages of newspapers
when inclosed in one general bundle at the
time of shipment. Any failure to issue
such bill of lading, manifest or other
memorandum, as herein provided, shall
subject such railroad or steamboat com
pany, carrier, express company, or cor
poration or person, to a penalty of fifty
dollars for each offense, and no such bill
of lading, manifest or other memorahdum
shall be used in evidence unless It shall
be duly stamped as aforesaid.’
‘‘The duty is imperative on the carrier
to affix the stamp, and failing to affix
the stamp it is liable to a penalty. I fail
to see how the express company can re
quire a shipper to affix that stamp. It ap
pears to me that the duty Is solely upon
the common carrier and that such car
rier can be compelled to affix the stamp
at its own cost.”
As stated, other opinions have been ren
dered to the same effect, and the feel
ing among business men, as a. result, Is
very strong against paying the tax.
The right of the telegraph company to
compel the public to pay the w r ar tax
on telegraphic messages may also be test
ed in the courts. An opinion Is expected
on this point soon. This morning Presi
dent Purse and Vice President Dixon, of
the Board of Trade, called at the tele
graph offices and read over the instruc
tions issued by the companies to their
agents. The result of the action of the
Cincinnati Board of Trade on this ques
tion will be awaited with much Interest
here.
MEXDEI, HEFISEB A PERMIT.
Says He YVill tiring Proceedings If
He Don’t Get It.
Clerk of Council Bailey has declined to
issue Mr. Selig Mendel a permit to build
on the lot obstructing the continuation of
Bull street. In consequence Mr. Mendel
has petitioned Council for the permit, and
if it is refused, he says he will institute
mandamus proceedings, sue the city for
damages, and lake other steps to even up
matters.
When the permit was first asked, Clerk
Bailey held it under consideration [lending
an investigation, and on officially learning
the place it was intended to build was di
rectly In the projected street, he declined
to comply with Mr. Mendel’s request, re
ferring him to Council. , On receiving this
notice, a petition to Council was prepared,
setting out the facts, and asking that a
permit be granted at once.
“Unless I am granted the permit,” said
Mr. Mendel yesterday, "I will begin man
damus proceedings to compel the city to
give me that to which I am entitled. In
the event I fail to get the permit by ap
pealing to the courts, I will sue the city
for the damage it has caused in enforcing
mo to pay rent where I now live. My
purpose is to build unless the city buys
the property, and it gems lo me this mat
ter may he summarily settled without
further delay.”
Alderman Krouskoff said it was with
some reluctance the committee on open
ing streets decided to condemn the prop
erty, but it saw no other course. He said
it is apparent there is no possible chance
of coming to any terms with the owner,
as several overtures in this direction had
been unsuccessfully made. The iiolicy of
the city is to satisfy all from whom prop
erty is acquired, but when obstacles like
the present come along, which it seems
impossible to surmount, the only thing is
to appeal to the courts.
LAW AND FACTS CAT XO FIGURE.
Ilotv a Chatham County Justice Re
cently Charged a Jury.
Some of the most interesting stories of
court procedure come from the justice
courts, and incidents most amusing are
new and then reported.
A Savannah lawyer had a case before a
jury in one of the justice courts of the
county the other day, the case haling al
ready been passed upon by ihe justice. He
represented the defendant, who, as It hap
pened, lost the case. After going through
with the evidence and arguments, which
occupied some time, the justice turned to
the jury and in substancesaid:
“Gentlemen of the jury, the law of Geor
gia do**s not require me to charge you in
these casfs, bui this is such an important
case that I feel called on to say a few
words to you about it. Juries in these
justice courts are not required to be guid
ed by the law and the facts In the case,
but the principles of equity Involved which
you well know. Gentle men,-I have decid
ed this care in favor of the plaintiff; you
can retire and make up your verdict.”
It Is needless to say that the Jury agreed
with the judge under the circumstances,
and the defendant's only hope now is in
certiorari
POWDER
Absolutely Pure
HOY' 111 RGI.ARS SENTENCED.
Mrs. Mc.Mnrrny Granted n First Y’er
diet of Divorce From Her Husband.
In the Superior Court yesterday John
Stokes, J. Hirt, Otis Stokes and Albert
Hirt entered a plea of gaiilty to the charge
of burglary, they having been indicted
for forcibly entering the store of the
Adams Oil, Paint and Drug Company on
June 36. John Stoke? and J. Hirt were
sentenced to spend six months on the
chain-gang and the other boys w r ere sen
tenced to Bpend one month. The sentence
of the last two, however, was suspended,
after the court had given the youngsters
a severe lecture.
Jack Taylor, charged with assault with
intent to murder Reina Young with a
knife on June 22, entered a plea of guilty,
with punishment as for a misdemeanor.
He was sentenced to pay a fine of SIOO
and costs or spend twelve months on the
chain-gang.
Lizzie Sharp, who was tried day before
yesterday for assault with intent to mur
der Katie Butler on May 25 with a hoe,
had a mistrial declared in her case yes
terday morning owing to the failure of
the jury to reach an agreement. The
jury was out all night.
Ella Mitchell was found not guilty of
the charge of assault with intent to mur
der Mary Howard, and the indicement
against J. W. Shaw, charging him with
assault with intent to murder Benjamin
Brown, was nolle prossed.
On the civil side of the court several
orders were granted. In the case of the
National Bank of Savannah against the
Electric Supply and Construction Com
pany, an order was granted providing for
a hearing this morning at 9:30 with refer
ence to a bid of $1,050 for the stock of the
company remaining on hand. The bid
was made by L. TV. Walker.
In the case of Henry Sack against I.
D. Laßoche, administrator, the adminis
trator was authorized to borrow $3,500 for
the purpose of paying taxes and other
indebtedness against the estate of Anna
M. Sack.
In the case of Mary Ann McMurray
against Patrick McMurray, libel for di
vorce, a first verdict was rendered. Mrs.
McMurray was on the stand for about
fifteen minutes and testified to matters
concerning the actions of her husband,
which have been related in the Morning
News several times.
In the case of Isabel Lathrop against
the Savannah Real Esiate, Loan and
Building Company, Receiver H. H. Hull
was authorized to sell certain lots.
Three Germans who expect to join the
company now being raised by Capt. Hen
ry Kolshorn for the Third Georgia Regi
ment, will be made citizens of the United
States in the Superior Court to-day.
IN THE NEW POLICE COURT.
Recorder nnvenel Disposes of Ills
First Docket There Yesterday.
Recorder Ravenel held Police Court
yesterday in the now building. Every
thing worked smoothly, and from present
appearances' the room will admirably
meet the requirements for which it is in
tended. While there is not as much space
as in the old court room, there is suffi
cient accommodation for those who have
business there.
The prisoners are taken In singly as be
fore. Since there is a passage connecting
the court room and the guard house, it is
no trouble to walk the prisoners from
there when wanted for trial. Then after
the hearing they are replaced in their
cells, which dispenses with the trouble of
marching the gang to the court room and
back again to the guard house.
The advantages of the new building are
already manifest in dispatching the busi
ness of the court. They will be increas
ed, however, when everything is in order
ly condition.
FINISHING UP THE PAVEMENT.
Defects in tlie Drayton Street YVork
Being Repaired.
Commissioner of Public Works Wiliink
is now marking the flaws in the Drayton
street paving that require changing, with
a view to finally reporting the work to the
street and lane committee. The Southern
Asphalt Company is making the necessa
ry repairs.
When the report Is made, the committee,
with City Engineer Winn, will go over the
street to Inspect it, and if everything is
found all right, it will be recommended
that Council accept and pay the amount
due. The city has already paid $23,000 to
the asphalt company, and it is roughly es
timated about the same amount will tie
due when the final calculations are made.
OFFERED HAM TO WRONG MAN.
Deputy Sherilf Simmons’ Capture of
a Young Thief.
Arthur Butler, a 14-year-o-ld negro,
walked into the alligator’s mouth to sell a
ham last night, which it is supposed by
the police he stole. The lad tackled Depu
ty Sheriff Joe Simmons, at President and
West Broad streets, and offered the ham
at such a fabulously low price that sus
picion was at once aroused.
Simmons decided to take the boy, ham
and ail, to the barracks. When be ap
peared there the sergeant on duty asked
the lad where he got the bone, but he
could not tell, except that his uncle, who
i: employed on the Bay,,,gave it to him.
The story was not sufficient, however, and
he was locked up to be questioned fur
ther.
Independent Society at Wnranw.
The annual picnic of the Independent
Society of s\. Paul’s Episcopal Church
was given yesterday at Warsaw. A crowd
of 250 was carried down on the steamer
Eulalia. The trip down and back on the
steamer was a delightful one, and was
much enjoyed by ail who went. The band
furnished excellent music. Some com
plain. however, that the provisions for ex
cursionist* at Warsaw are inadequate, and
that the management is defective some
where. Comforts and convenances are
lacking, excursionists being provided with
no benches, and even being called upon to
pay for chairs if they want them lor the
day. The. management of the Independ
ent Society excursion did its best for tho.e
who went, however, and gave every at
tention to their comfort, so far as it was
.possible,
SOUTHERN RAILWAY
THE LINE TO'
Asheville,
Hot Springs
And Other Resorts
IN THE MOUNTAINS OF YVESTER*
NORTH CAROLINA,
“THE LAND OF THE SKY."
SPECIAL RATES FOR SUMMER
TOURISTS.
Trains leaving Columbia 8:30 a. m. tor
Asheville. Pullman drawing room buff,.
sleeping car.
Train leaving Columbia 11:30 a. m. for
Asheville. Parlor car after June 3, 1898
For full information call on any age, ,
of this company or its connections.
R. L. SEAY, Union Ticket Agent, Co
lumbia. S. C.
R. W. HUNT, Traveling Pass. Agent.
Augusta, Ga.
S. H. HARDWICK, Assistant General
Pass. Agent, Atlanta, Ga.
Cool
Negligee
Shirts.
LARGEST AND PRETTIEST *
STOCK IN TOWN.
ALL SIZES, ALL STYLES.
OUP. PRICES ARE AS
UNAPPROACHABLE AS
OUR EXCLUSIVE STOCK.
WORKMAN %
who carries a
pail Ends he CragH
can better
Monarch m
Bicycle Jfl
at its littie cost, and take his recreation
so, than to spend all his wages for what
will bring him no genuine good.
Hnilt right, ride easy, none hotter,
D8 MOYARCHS SSO AND SUO.
*O7 MONARCHS
MONARCH CYCLE MFG. CO.
CHICAGO. NEYV YORK.
WANTED, live agents In Savannah and
vicinity.
WIRE
WINDOW SCREENS.
PAINTED,
GALVANIZED,
BRONZE.
SCREEN WIRE
CLOTH.
MUD LOVELLS SONS,
113 Broughton Street, West.
SCHOOLS AM) COLLEGES.
in Woman’s Coiiege
of Baltimore
offers earnest, well prepared young
women facilities for obtaining? a
coiiege education under the direc
tion of specialists, with abundant
laboratory appliances and modern
methods. Climate mild, surround
ing:® cheerful. Total yearly ex
pense, three hundred and seventy
live dollars.
Programs mailed on application.
JOHN F. UOUllfcß, Fri*., Ilnlllmor*, Md.
Tough on Flies.
NOW is the TIME to use this lotion. IT
POSITIVELY PREVENTS Flies. Gnc’i
and Insects of every description fr 1 >
annoying horses and cattle. Try it and ! -‘ 3
convinced.
HAY, GRAIN AND FEED OF ALB
KINDS.
T. J. DAVIS,
Grain Dealer and Seedsman.
118 Bay street, west
IF YOU WANT GOOD MATERIAL
and work, older your lithographed aiul
printed stationery and blank books Rot.
Morning News, Savannah. Ga-.