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WANTS IT HEARD IN PUBLIC.
CHAIRMAN DALE COMITS A THOH-
Ol GII INVKSTIG VTION.
Sprotal Committee From tlie (Irnnil
Jury Sammons tlie fovtr Com
missioner* Before ll— Will I.ook
lulu Ibr diar*e Frrfrrrrd by >lr.
Kckor—Bnnka nnd Papers Asked
for—To Meet This Afternoon.
Cbalrmnn Dale Want* Air. lvelioe
*1 here, and AVnnt* the Meeting
Open.
The Comity Commissioners will appear
before a special committee from the grand
Jury this afternoon In answer to a rather
interesting summons, the result of the
charges preferred in connection with coun
ty matters by ex-Commlssloner William
Kehoo.
This special committee w'.is appointed by
the grand Jury for the purpose of inves
tigating these charges, and has been look
ing into county matters for a day or two.
The committee held a meeting at the court
house yesterday afternoon, and a3 a result
the following letter was stmt to Chairman
J. J. Dale of the County Commissioners:
Savannah, Ga., July 25, 3898.—H0n. J. J.
Dale, Chairman, Commissioners, Chatham
County, Ga.: Dear Sir —The special com
mittee appointed by the grand Jury to i-i
--vestigaie the charges made by Mr. Wil
liam Kehoe relative to the management of
the county affairs by your board, will hold
e session to-morrow at 4 o'clock p. m., and
request that you and your board will be
present. We also request that you bring
all books end data showing accounts for
paving material on Kstili avenue and Wa
ters road, nnd com thereof—the minute
books showing the record of your board
meetings—the records showing your meth
ods for purchasing gravel used on all roads
paved since the Ggcechee rood—the re or is
showing how the county poor fund was
and Is distributed, and the pay rolls for the
county chain-gang for the year 1897.
Please have present Superintendent
Chaplin, Assistant Superintendent llrown,
the clerk of the Board of County Com
missioners, and also the county attorney.
Dy order of G. W. Tiedeman, chairman
special committee grand Jury.
F. G. Bell, Secretary.
This letter was sent to the otiiro of the
County Commissioners and placed in the
hands of Chairman Paie shortly thereafter.
It was not a surprise to the chairman, nor
to the other coffunissioners in the city. In
fact they were rather expecting that
something of the kind would be done.
Chairman Dale was seen last night with
regard to the matter. He and the other
members of the board In the city will go
before the grand Jury's committee this
afternoon, and present the books and pa
lters called for.
“I can only say that T court the fullest
and most public Investigation of these
matters,” Chairman Dale said. “I hope
the committee to which the matter has
been left will have 'Mr. Kohoe at the meet
ing to-morrow and have him make his
charges in the presence of the commis
sioners so that they may have opportuni
ty to fully refute them, if they amount to
anything. I trust the investigation will he
thorough, and 1 want it to be a public
one; the board has nothing to conceal
from the public.”
Chairmap Dale Is very anxious that the
Investigation by the committee should l*e
a public one. He expressed his desire In
this respect to the chairman, Mr. George
W. Tiedeman, but did not receive any
definite reply at that time. One side of
the ease has been given full publicity,
Chairman Dale says, and he wants Ihe
other side brought out
The letter from the grand jury commit
tee Indicates pretty well what the charges
are. Considerable stress is laid on the
claim of careless management in making
the gravel purchases, and it is alleged that
the terms of the contract as to measure
ment were never carried out. Chairman
Dale says he is confident that this nnd
every other charge made can be fully re
futed, and he wants the meeting open, so
that a statement of the case can be made
at once.
OBJECTS TO THE PALMETTOES.
Aid. Duncan Does Not Want Any
More of Them In Colonial Park.
Alderman Duncan objects to the plant
ing of palmetto trees on the north side of
Colonial Park, because the obstruction
the trees are to tho view of residents on
the opposite side of Oglethorpe avenue.
It is urged there is nothing attractive
about the paimettoes. By large numbers
of people they are greatly admired, how
ever, especially by Northern visitors, who
feel they are wandering in the tropics
when among the palms.
With the intention of having a little
amusement, Alderman Duncan wrote a
communication to the Park and Tree Com
mission on (he subject yesterday, protest
ing against planting any more paimettoes
on that side of the parjt. In concluding
his letter, Alderman Duncan advised ihe
commission, if It was intent on planting
the trees, to aid their growth by (prkik
ling a pint of kerosene about tho roots
three nighfs in succession. There Is little
danger of the advice being followed, how
ever, as kerosene is sure death.
THE DECISION SI STAINED,
Lcnpyenr to Get Damages From tlie
City nnd Suburban.
The Supreme Court has just rendered a
decision affirming the lower court In the
case of Leapyear against (he City and
Suburban Railway Company, in which a
veNlict for damages was rendered in the
City Court in the plaintiff's favor. The
case was tried before Judge A. H. Mho-
Donell, and he refused anew trial on the
petition of the defendant company. The
Supreme Court decided that there was no
error in the charge of the court complain
ed of when construed in the 1 ght of the
context. There was some evidence to au
thorize the verdict, the court states, and
as it was not excessive the court refused
to interfere with the discretion of the trial
Judge in overruling tin motion for new
trial. The plaintiff, I-eapyenr, was rep
resented by Mr. Lacy M. Norwood and
McAlpin & La Roche, and the defendant
company by Messrs. Barrow & Osborne.
BALI,ANTI Ntl AT TYBEE.
He Will lie Sent Ilitek to Tampa In n
Few Days.
James M. Ballamyne, better knqwn as
“Spitfire,” who was arrested by the De
tectives for desertion from Company K,
Savannah Guards, Second Georgia Regi
ment, wnsfahen to Tybee yesterday after
noon by a sergeant and a private, whore
he will be held, and later taken back to
Tampa.
Ballantyne has rather an unenviable re
cord as a soldier at Tampa. He got into
trouble with Sergt. Bond, and, it is aid,
made threat.- against die officer to prevent
being reported. Ho did not find things
as tie expected them ia the army, having
too much manual labor to perform. He
"was a soldier and not a laborer.” His
dissatisfaction prompted him to desert, but
oa coming to Savannah, where he is well
known, thee. was lim; , | n locat-
Ing him. The dct*--ti\cs nrreetod him as
knLhL >t ° H U l ' jln *ai® Sunday
CAPT. AUSTIN HAS NO ORDERS.
I.ooks, However, n* If the Second
Georgia Would Go to Porto Rico.
Capt. VV. G. Austin of the Second Geor
gia Regiment, who his been in Savannah
for some weeks on a recruiting expedition,
said last night that he had heard nothing
of any orders to the effect that the regi
ment was to be sent to Porto Kico. If
there were any immediate prospect of it
he is satisfied he would be not.fled, so that
he and his men could return at once. He
is expecting orders, however, at any time,
though he is at present continuing the
work of recruiting.
There was considerable talk around the
Guards' Armory last night about ihe con
templated movement of the troops to
Porto Kico, and ail were agreed that it
would be much better for them there than
at Santiago, where there is much fear of
fever. The regiment nyanxious to got into
the field, and the prospects of the Porto
ftlro trip, if it is corning, arc undoubtedly
much enjoyed.
A report from Tampa says that Col.
Brown was at considerable of a loss to un
derstand wdiy his regiment was taken
from the train so suddenly when it had
embarked to go to Per larulina. H< seems
of the opinion that it means a longer tie
lay at Tampa, for if it had been a delay
of only a day or two, the regiment would
have been ordered to use their shelter
tents at Do Soto park. But Ihe order- were
to proceed at once to Camp Kogeis and
Pitch their tents. Camp Rogers is where
the artillery is encamped. It Is located on
high ground, and is well wooded and wa
tered.
Mr. A. MeD Bond, secretary of the
Guards Club, wont \> Tampa last nignl
to see his lwo brothers, S* rgi. Sullivan
Bond of Company K, and Quartermaster
Sergeant Joe Bond o' Company B. He is
of the opinion that the regiment is going
to be seat to Porto Rico, judging from
the latest reports, and many others share
this opinion with hlrn.
HAMILTON’S DEATH JUSTIFIED.
Coroner’s Jury Exonerated Detec
tive Garrlty.
An Inquest over the body of Joe Hamil
ton, the negro who died from the effects
of a pistol shot by Detective J. J. Garrity,
at Fawcett's store at Bay nnd Jefferson,
Saturday night, was held by Coroner
Goette in the Police Court room last night.
Besides Detective Garrity, Chief McDer
mott and other officers were present.
The testimony before the jury was tn
accord with accounts published In the
Morning News. Mr. William Fawcett tes
tified to the store being repeatedly robbed
Saturday night and that he reported the
matter to Chief McDermott.
The chief told the Jury aliout detailing
Garrity to watch the place, and the de
tective himself explained about the ne
groes approaching the store and one of
them throwing a rock at him when they
were ordered down.
It took the jury but a few moments to
reach n verdict of justifiable homicide.
It is believed by the police that the kill
ing, while not altogether intentional, ill
have a good effect In stopping burglaries.
OFF FOR THREE MONTHS.
Tvo Seamen From the Monitor Ter
ror Pass Through Savannah.
Two seamen from the monitor Terror,
Wilhelm, Schroder and Tom O'Rourke,
passed through Savannah yesterday on
their way to Boston on a three months'(
leave of absence. They are Just from Key
West, and their vessel had departed with
others of the fleet for San Juan, Porto
Rico, at the time they left.
'Both say they have had a pretty tougli
time of It during the war, but the Terror
has captured seven good prizes, which
gives plenty of money for the long division
it has to go through with, and they hope
to mak a good tiling out of it.
They were at Key West for some time
and say tHey had a struggle while on the
Hector, one of the prize ships, to get what
they wanted to eat. Lots of provisions
have been sent down for the Spaniards on
these captured vessels, but the boys say
it all went to the Spaniards, and they got
none of It. Both say they Will return to
the navy when their three months' time is
up.
APPRAISERS COULDN’T AGREE.
Another Effort to Value Mr. Mendel's
Dull Street Property.
The appraisers to assess the amount the
city shall pay for the Mendel property to
open Bull street, failed to agree yesterday,
and a third appraiser cal lot in did not help
matters.
Mr. B. D. Rosenbreok, representing the
city, and Mr. Alex R. Fawcett, for Mr.
(Mendel, looked over the property during
the afternoon, after which they tried to
agree on Us value.
Si-eing their efforts In this direction were
to no avail, they decided to try it three,
handed, ami secured Mr. I. G. Haas. Two
of the appraisers then agreed on a sum,
but the fhird could not see it that way]
While tho rule controlled, still
tho two, who agreed, modestly did not give
out on the amount to agree on, hoping
later to get the third appraiser to assent.
The appraisers hope to reach a unani,
mous agreement to-day, and settle the
matter of the city acquiring the property.
BURGLARS FIRE V STORE.
Joyce’s Green Grocery Broken Into
Yesterdny Morning;.
Burglars entered nml sot tire to J. J.
Joyce's green grocery, at Liberty and Ab
ercorn streets, about 5 o'clock yesterday
morning.
The blaze was discovered by n man, who
promptly reported the tire at the central
station, a block away. The chemical ran
down and extinguished the fire, which
damaged only the desk ami a few useless
checks ami bills the burglars used in their
work.
An entrance was made by tearing out Ihe
screen in the transom. Nothing of any
value Was taken, but the torn-up condition
of things indicated the store lm<l been
pretty thoroughly ransack*d. Tim cash
register was examined by the marauders
and 1 (suits taken, tho amount which had
ix-en left in it.
lIE WORKS THE FABLE.
Operator at I’laya del Fs te Formerly
a Savannalifnn.
Mr. E. H. Strickland, who has charge
of the cable used by Gen. Shafter at Playa
del Este, and sends qTid receives mes
sages to and from Washington, is an old
Savannah operator. ,Mr k Strickland’s home
is pt Blacksbear, Ga. He worked for
a while in the Western Union office here,
nnd Ills lasi position was manager of the
telegraph office at the Cotton Exchange,
which he he’d for aiiout two years. When
the signal corps went to Key West, and j
from thereover to Santiago, he went along,
and has been attached to It ever since. Mr.
Strickland's i>osllion is, of course, a most
important one.
If you Khve been sick you will find Hood's
Sarsaparilla the Inst medicine you can
take to give you appetite and strength.—
ad. )
THE MORNING NEWS; TUESDAY. JULY 20. 1898.
COMMISSION COMING HERE.
THREE PROMINENT RAILROAD MEN
SI M MON ED BEFORE IT.
Snhpocnn* Served Asking Them to
llring Papers Relating to Trans
portation of Dixie Oil Cos. Cars Be
fore the Interstate Commerce Com
mission Whieh Meets Here Ang. S.
The ( use Rather a Mysterious One,
nnd the Rnilrond Alen Are Puzzled.
The Commission Goes From Here
to Daxxson.
The Interstate Commerce Commission
will hold a meeting in the United States
court room here Aug. 8 for the purpose
of Inquiring into certain matters connected
with traffic from Savannah with regard to
which those who have been summoned as
wltnese, so far, seem to know nothing.
Three subpoenas were sent here yester
day for service by the deputy marsnal,
Capt. Charles J. White. Tjiey were ad
dressed to ('ok A. Pope, genera) freight and
passenger agent of the Georgia and Ala
bama Railroad, Mr. E. H. Hinton, traffic
manager of the Central of Georgia, and
Mr. W. A. Winburn, the Central's general
freight agent.
From the eubpoenas the matter appears
to relate to the handling of some of the
talk cars of the Dixie Oil Company. In
quiry was made at the office of that com
pany yesterday, but nothing whatever was
known of the case. A representative of
the Morning News saw all of the parties
to whom subpoenas were issued and ask
ed them about the matter. They all stat
ed that they were not informed of the na
ture of the case, and could give no infor
mation with regard to It. The subpoena,
which was issued to each of them, read ss
follows: i
You are hereby required to appear be
fone the Interstate Commerce Commission
at the United States Circuit Court room
at Savannah, Ga., on the Bth day of Au
gust, 1898, at 10 o'clock a. m., to testify
then and there as a witness in tlie matter
of an inquiry by said Interstate Commerce
Commission, into the manner, method and
management of the business of common
carriers subject to the act to regulate com
merce in relation to the transportation of
freight traffic to and from point in the
states of Georgia, Florida and other Gulf
states, and Mississippi river points, and
points eastward thereof since Jan. 1, 1898.
And bring with you then and tfi?re the
shippers' statements and memoranda con
cerning the contents, weight, destination
and consignee of the below-mentioned
cars, together with all billing and books
and documents in the possession of the
Georgia and Alabama Railroad Company,
relating to the shipments from Savannah,
Ga., ol tlie tank cars mentioned in the fol
lowing memoranda:
The subpoena to Col. Pope as above in
dicated calls for , memoranda relating to
three cars of tho Dixie Oil Company for
Montgomery, Ala., on Feb. 22, The sub
poena addressed to Mr. Winburn and Mr.
Hinton calls for memoranda relating to
twenty-one Dixie Oil Company cars ship
ped between Feb. 8 and March 31 to
points West and Northwest. The sub
poenas are signed by\L D. Yeomans, one
of the members of the commission,
and as subpoenas duces tecum, they are
rather sweeping, so far as they relate to
the matter in hand. They call for all the
bills, statements and papers of all kinds
relating to these cars, and it looks as if
the commission were going Into some sort
of an Investigation.
Capt. I). G. Purse, commissioner of the
freight bureau, was asked about the mat
ter yesierday, but as in the case of those
who were subpoenaed, he knew nothing
of what the commission intends to do.
Capt. Purse said it was the first he had
heard of the fact that the commission
would hold a meeting in Savannah at this
time.
It has been suggested that someone has
made a complaint through revenge, but
just what is tvack of it, does not appear
to have been ascertained. The hearing
will he awaited with much interest by rail
road men and others who are interested.
The Interstate Commerce Commission
held a session In Savannah something
more than a year ago, for the purpose of
hearing and considering some complaints
against the I-ouisville and Nashville
Railroad, particularly with regard to its
Pensacola and Atlantic branch. That
case has never yet been decided.
After finishing its work in Savannah the
commission will go to Dawson, Ga., to
hear some complaints made against the
radroads entering there by the citizens of
that town. Dawson makes the claim that
she has been discriminated against, and
the commission is going there to see what
the citizens have to say, and to investigate
the matter.
THE BRIDGE MUST GO.
Alderman Davis Is AVenry of Unit
ing on tlie Railroad Company.
The big bridge of the old outside belt of
the Savannah, Thunderbolt and Isle of
Hot* Railway, on Habersham street, over
tlie Plant System tracks, just east of the
homo of the Bit tie Sisters of the Poor,
must come down.
It was provided in the city’s contract
with the railway company when
it was given the privilege of
abandoning some streets and other
wise rearranging its entire system,
that this bridge should he taken down. Un
der the changes in the system the company
abandoned the bridge and it has remain*d
simply as a monument to the old Collins
line, .is it was properly known.
It lias been several months since the
agreement ivas made, but no steps have
yet been taken by the railroad to remove
the bridge. Alderman Davis, chairman of
the Council committee on streets and
lanes, is tired of waiting on the railroad.
The city has work of its own in view in
that locality, which the bridge Interferes
with. If the bridge is not removed at once
or some definite announcement made as to
the company's intention, Alderman Davis
proper, s to move In the matter himself.
If he has authority he will order the bridge
removed by the city hands. If it is neces
sary to bring the matter hefore Council to
attain that end then he will resort to that
step. He has made up his mind that the
bridge must lie removed, and unless the
company shows a willingness to do the
work at an early date some interesting de
velopments may be looked for.
FOR STEALING BARRELS.
Dick Butler to Answer for Larceny
After Trust.
•'Dick” Butler, an aged negro politician,
who is generally consulted during elec
tion times by the local heelers concerning
the negro vote, was in Justice Nathans’
court yesterday, charged with larceny
aft* r trust,
Henry K. Lcwin, a clothing merchant at
No. 120 Broughton street, west, obtained
a warrant for Butler, claiming he got some
barrels and boxes from his store to sell,
and was to return the money. It is
claimed Butler was sent to “look” nt the
barrels, but the next thing the proprietor
knew Butler had sold the whole business
and pocketed the proceeds. For this he
was arraigned, and from the prostiects he
had of getting bond shortly bef ire the of
fice closed, it seemed he was doomed to
go to jail.
WITHIN IT* APPROPRIATION.
Opening Committee Has Not
Exceeded Its Budget.
The finance committee of Council decided
at its meeting yesterday that the commit
tee on opening streets has not exceeded its
appropriation. This was a relief to the
committee, as it is now believed enough
of the appropriations remains ’o carry out
some of the plans it is desired to complete
in the next few months.
Alderman Charlton, chairman of the
street opening committee, has contended
all along that the appropriation had not
b*en overdrawn, as intimated at a recent
meeting of Council by Alderman Well and
ot hers.
The real cause for bringing the matter
up, however, seems to have been on ac
count of the flood of resolutions introduc
ed at one time by Alderman Chariton, au
thorizing the purchase of lands at so much
a foot, without giving the actual amount
the city would be called upon to pay. This
gavo rise to the suspicion the committee
waa going beyond its bounds, and the
bringing up of the mailer Is to lx* con
strued more as a precautionary measure,
it is stated, than expressing the belief the
Hinds were exhausted.
Chairman D. R. Thomas said enough of
the amount remains, he thinks, to enable
the committee to carry out some of its
plans, which it was thought for a time
would be relinquished, on account of the
scarcity of funds. A Herman Thomas
never took the position that the appro
priation was overdrawn, hut held that
enough Indebtedness was contracted to at
least call for a reckoning.
With regard to the claim of Mr. Waring
Russell for lands ceded to the city some
twenty years ago. no definite action was
taken. Some of the aldermen have scru
ples about pleading the statute of limita
tions, even when representing the city,
which It will apparently be necessary to
do if the claim Is not paid. It is asserted
by some members of ihe board that they
would piead the statute under no circum
stances individually, but representing the
city places them in a different attitude.
When considered in that respect, they
stand In the light of attorney and client.
They say they are representing the legal
interests of another. This being the case
there is some doubt about what report
the committee will make to Council re
garding the claim.
"There are several considerations which
should be looked to,” said one of the eom
mitbe. “If Mr. Russell hoi.ls a valid claim
against the city, and has been slow in
collecting by reason of having no imme
diate demand for the money, It would be
unjust to plead the statute under such
circumstances. But if the property was
given the city in order that streets might
be opened in that section and property
values consequently enhanced, then the
claim cduld not be forcibly pressed. The
city feels no inclination to acquire any
thing, however, without paying a just
and reasonable amount for it.”
WITHOUT HI LES AND FORMS,
Hut Operations of Bankruptcy Law
Will Not He Interfered With.
According to a letter received yes
terday by Mr. H. H. King, clerk
of tho United States Court, it
looked as if there might be some hitch
in the operations of the new' bankruptcy
law until the meeting of the United States
Supreme Court in October. The letter,
which explains itself, is as follows:
Office of the Clerk, Supreme Court of
the United States, Washington, D. C.,
1898.—T0 Clerk United States Court: Sir-
Section 30 of the United States bankruptcy
law of 1898, a copy of which is sent here
with, provides that "alt necessary rules,
forms and orders as to procedure and for
carrying this act into force and effect shall
Ik> prescribed, and may be amended from
time to time, by the Supreme Court of the
United States.” The court had adjourned
for the terms at the time of the passage
of this act, and will not be in session
again until the 10th day of October next,
and, consequently, no action can be taken
by the court, under the above quote-! sec
tion, before that date. Please notify the
bar of your court of this fact.
Very respectfully,
James H, MoKenney,
Clerk Supreme Court, U. S.
District Attorney Marlon Erwin was
asked about tlie matter yesterday. Mr.
Erwin says that the fact that the Su
preme Court will not l>e in session to pre
scribe the rules and forms to be used be
fore October, will not seriously interfere
with the operations of Ihe law.
In the first place, rules may not be neces
sary, but if they are, in the absence of
those to be provided by the Supreme
Court, the court can be governed by the"
common law rules; and as to forms, those
formerly used tinder the old bankruptcy
law, with whatever modification may be
necessary, might be used temporarily un
der the new law. It would not do to allow
the operations of a law to be suspended,
he said, because of the lack of prescribed
rules or forms for a short space of time.
It may be stated, therefore, that in spite
of the fact that the Supreme Court will
not meet until October, the practical oper
ations of the law will in no wise be inter
fered with.
JUDGE SPEER COMING.
May Be Here To-morrow for Purpose
of Taking Up the A*lnla Cane.
Judge Emory Speer of the United States
Court is expected in the city to-morrow
for the purpose of taking up the libel in
the case of the British steamship Adula,
which will be disposed of as soon as possi
ble.
Judge Speer stated, some time ago, that
he would come to Savannah whenever his
prtwence was needed in the case, and Dis
trict Attorney Marion Erwin wired him
yesterday that he would be toady lo pro
ceed with the ease on Wednesday.
The prize commissioners have about com
pleted their work and are ready to turn
all the matter In their hands ova r to the
court. They completed yesterday (he
work of taking the depositions de bene
esse, of the members of the prize crew,
all of whom have now been sent back to
the cruiser Marblehead. This testimony
will be used when tlie ease comes before
the court. The owners have not yet filed
their answer to the libel, but will prob
ably do so within a day or two. It is not
known whether Judge Speer will attend to
any other court business here or not.
RICE NOW DOING WELL.
Tlie Lower Rivers Freshened lip ly
the Recent Rains.
Further news from the rice planters of
the Satllla and Altamaha rivers is to the
effect that as a result of the recent rains
freshening up the water the crops in that
section will be saved to a considerable ex
tent. It is claimed, though, that the crop
will not lie more than one-hall to two
thirds of what was expected early in the
season. On the Savannah and Ogeechee
rivers the crops are progressing finely.
The crops In ihe Chare-ton district on
the whole are said to l) av e done well up
to date, in some sections there having been
the same trouble with salt water as on
the lower rivers of the Savannah district.
War Revenue Law.
Copies of the War Revenue Law of IS9B,
with Index. Price 30 cents. For saie at Es
tlll's News Depot, No. 45 Bull street, Sa
vannah, Ga.— ad.
CHILD HAS NO MONEY VALUE.
! I’UIEVT CAN NOT RECOVER DAM
AGES FOR AX INFANT.
I'mler the ItuliugN In Georgia a
<'lilll Mimt He Ol<i Enough and
Capable Enough to Be of Actual
Service Before It Han n Monetary
Value—What tan Be Sned for
W lien a Child In Killed by a Street
t ar or Railroad.
An infant child has no pecuniary value
in the eyes of the law of Georgia. The
killing of such a child by a street car,
even though it be by the grossest negli->
gence, does not apparently entitle the par
ent to recover damages for the loss sus
tained. There is no way of estimating
suffering and affliction in money, and
damages for them cannot be secured. All
that a Savannah father whose child is
killed, when it is of tender years, can
do is to secure from the corporation held
responsible for its death the actual dam
ages he has sustained in a pecuniary way.
This may seem shocking to parents and
to the general public, but it is held to be
good law not only in this state, but in
many others. In New Jersey a few days
ago a judge of the Supreme Court brought
considerable indignation down upon him
because he set aside a verdict for $5,000
damages for the loss of a child, and gave
expression to the view that a child had no
value before the law to entitle its father
to collect such damages from the compa
ny whose car caused its death. But in
vestigation brings out the fact that it is
not only good law in New Jersey, but in
Georgia and many other states as well.
It. R. Richards. Esq., has represented
many damage suits growing out of acci
dents. and is otherwise thoroughly ac
quainted with the law bearing on such
case?. ‘ln the case of the killing of an
inlant child in Georgia,” said he yester
day, "the parent can only recover the
actual monetary damages he has sustained
as the result thereof. He is entitled to the
expenses of the physician and nurse, to
the funeral expenses, to the cost of a lot
In the cemeteiy If one had to he bought,
and to such other expenses of this charac
ter which grow directly out of the injury
to the child and were an actual financial
damage to him he otherwise would not
have sustained. He might properly sue for
the cost of a tombstone, such as ft is cus
tomary to place at the grave of a child,
and the jury would be right in granting
him it along with the other damages re
ferred to. But, beyond that, the jury could
not go, I think, and the verdict be sus
tained under the law. The tort to the
child damaged the parent in the way I
have indicated, and so much actual dam
ages lie may reasonably sue* for. The
mental sufferings to the parent cannot be
considered by the jury, and do not enter
into the case 1 . A suit for damages Is a
matter of business and not of sentiment.
‘‘Under the decisions in Georgia I think
a parent cannot recover other damages for
tin* loss of a child that, is not old enough
to be of pecuniary profit. A baby one, two
or three years old, it is evident to anyone,
cannot be of service to the parent. It has
no pecuniary value to him, in that it is a
source of revenue, directly or indirectly.
1o be of value does not necessarily im
ply the hiring out of the child. If a child
is old enough to be of service about the
house, it has a pecuniary value and dam
ages are In order. The test is as to wheth
er the child killed was old enough or capa
ble enough to render services of value,
taking the place of a servant in the house,
assisting in the father's business, or in any
other way having a pecuniary value. A
child 7 cvr 8 years old may lie of consider
able service in some such way, and the
parent would be justified in suing for dam
ages for its services from the time of
death until 21 years of age. Bqs if a child
of that age, or no matter how old, was,
through physical or mental disability, un
able to be of service to the parent, no dam
ages could be asked for, no matter were It
quite well gTown when killed.”
A parents' feelings, it is evident, are re
garded as incapable of apportionment and
cannot be compensated.
TAKING WAR RELICS NORTH.
Interesting Souvenirs Carried Home
by Workmen From Key West.
Mr. Robert Brown, with several attaches
of the | Brooklyn navy yard, passed
through Savannah yesterday, and left on
the City of Augusta last night. They are
on a leave of absence of twenty days from
j Key West, Fla.
Mr. Brown has In file posses
sion several steel plates of the tor
pedo boat Winslow, through which shells
of the enemy passed, killing five marines.
He aiso has the shell which entered the
Winslow sideways and damaged its ma
ch'nery to such an extent as to make the
boat unseaworthy. The shell did not ex
plode. When recovering it, Mr. Brown ex
tracted the powder, and now has the shell
as a memento of the fight. He also has
twelve shells which he obtained from the
Marne, and a silver candle stick. The lat
ter he prizes very much, as it occupied a
prominent place in captain's quarters.
Its weight is eight Jiunds.
All the members of tlje party have been
at Key West the last two months, in the
employ of the government, making repairs
on the warships. Their wages vary from
sl2 to $lB per day. They are now on a
short leave of absence to visit their fam
ilies, at their own expense, but are ex
pected to report at the proper time. If
they do not their names are erased and
they will not again get employment in
the service of the government.
RECORDER RAN ENEL'S CASES.
Several Prisoners Sent to Other
Courts.
A number of cases were tried by Re
corder Ravenel yesterday, among them be
ing John Reilly, the negro wanted for as
saulting Gus McFall. Reilly entered the
house feloniously, and when caught, stab
bed McFall, who first fired a pistol at the
intruder.
Asa result of his injuries, McFall went
to the Georgia Infirmary some weeks, dur
ing which his assailant yrfls at large. When
heard by the Recorded the testimony was
dead against the accused, and he was sent
to the Superior Court.
Washington Golden, colored, went to the
Superior Court for assault and battery.
He was caught at the house of James
Jones#n St. James street Saturday night,
and when the latter attempted to chase
the visitor away, both got into a fight. Po
liceman MeQunde interfered and sent the
belligerents to the barracks. The Record
er sent Golden to the Superior Court.
Henry Johnson, colored, went to the
City Court for larceny. He was arrested
by Detective Garrity.
tliiiiim! Training mid Technology.
Do not say you cannot afford to send
your boy to the Georgia “Tech" in At
lanta. You cannot afford not to do it.
Your son’s expenses there are less than
the cost of keeping a horse at home. Then
the question is plain: Is the gift of an ad
vanced, scientific, practical education to
your son worm as much to you as your
beast of burden?
Board $6.50 to $lO. Fees nominal. For
catalogue, uddriss Lyman Hal., president,
Atlanta, Ga.—ad.
POWDER
Absolutely Pure
INSPECTED DRAYTON STREET.
Few Defects Found In the New As
phalt Pavement.
It will not be a great while before the
Drayton street pavement will have been
either accepted or rejected. Public Works
Commissioner Willink and Alderman T. J.
Davis went over It yesterday morning, but
it is understood they found only a few
flaws.
First the street was sprinkled in order
that a better idea might be had of it in
a number of respects. It was then closely
inspected. But few objections were found,
the officials being well pleased.
Anything in the way of an estimate of
the probable cost cannot be made for
some time yet. There are scores of cal
culations to be made before anything like
a correct idea can be formed. An ordi
nance will then be passed empowering the
city treasurer to collect such amounts as
arfc found due from abutting property
owners. The matter ’.eaves Commission
er Willink’s hands, so far as accepting the
street is concerned, after he submits to
the board a statement of the total cost
and all other data pertaining to what in
dividual property owners will be expected
to pay.
From the present outlook, however, It
appears that those liable may be nerving
themselves up for about $3 a front foot.
Estimating the total cost of the paving at
SOO,OOO, to which is added an amount suffi
cient to cover the cost of changing the
sidewalks, constructing catch-basins and
other necessary work, this is about the cost
taking the frontage on both sides of the
street from Bay to Anderson as 14,000 feet.
Of the total cost the city pays one-third
and becomes a property-owner at ail street
Intersections and public property The es
timated cost a front foot is in proportion
to that on Bryan street, which was about
$2.50. The heaviest cost to the tax-payers
yet for paving, however, was Liberty
street, at $5.06 a foot, while that of the
other newly paved streets ranges differ
ently. Oglethorpe avenue was $5.04: Con
gress street, $1; Rresident street, $3.22;
Habersham street (brick), $2.13, and the
Louisviile road (6 Inches rock and 3 inches
chertj, 51.30.
The city has already paid the Southern
Asphalt Company $25,000 on the Drayton
street work, and is to pay the remainder
within ninety days after the work is ac
cepted. Notices will be sent property
owners with a statement of the amounts
due from them as soon as Council acts on
the matter. It Is staled property-owners
will be expected to settle within about
thirty days after receiving notice, as the
city is bound to meet its contract, and re
lies on them to put up their share of the
debt.
After Drayton street is accepted the as
phalt company will execute a maintenance
bond to keep all pavbH streets in good re
pair for a period of five years.
LOCAL PERSON AL.
Mr. L. H. Rountree of Beaufort spent
yesterday in Savannah.
Chief of Police Lewis Beach of Bruns
wick was in the city yesterday.
Among the \isitors in the city yesterday
was Mr. W. B. Sacon of Crescent.
Mr. W. F. Cummings of Hampton, S. C.,
was among the arrivals yesterday, a guest
at the Pulaski.
Mr. and Mrs. G. E. Atwood and Mr.
Walter Atwood composed a party in Sa
vannah yesterday, from Darien.
Private Fred P. Miller of Company B
of the Second Geqfgia was taken sick with
fever Saturday, and was sent to,the divis
ion hospital at Tampa.
Mr. and Mrs. W. A. Kent and daughters,
Julie and Sadie, returned home yesterday
afternoon from a very pleasant tour lit
North Georgia and Tennessee, visiting,
among other points of interest, the camp
at Chiekamauga.
Henry Harold, colored, was caught yes
terday by the detectives for stealing from
Leopold Adler’s store. The boy got sev
eral articles in the forenoon and succeed
ed in getting away, but was caught later
on at his home by the officers.
A. Johnson, who deserted from the Nor
wegian bark Marco Apollo and went to
the Ur.imd States revenue cutter Bout
well, was arraigned before Justice Na
thans yesterday. He was sent to jail to
await the departure of the ship.
The Morning News had the pleasure of
a call yesterday from Mr. W. T. Thomp
son of Quitman. Mr. Thompson is the
youngest son of the late Coi. W. T. Thomp
son of the Morning News, and until a few
years since lived here. He is now in the
cotton business in Quitman.
Mr. J. W. Oast supervising inspector of
steam vessels for this district, was in the
city yesterday on his first tour of super
vision South since his reappointment as
supervisng inspector. During the last four
years Mr. Oast has been the Newport
News Ship Building Company's represent
ative at Pittsburg, and has had charge of
the inspection of steel for all the recent
vessels built at the Newport News yards.
Previous to that, he was in charge of the
steamboat service for the third district,
which extends from Baltimore to Cape
Sable, Fla. Mr. Oast's friends in the
South gave him a warm welcome. He will
leave this morning for Florida.
L:eut F. S. Price, recently appointed to
the regular army, is a brother of Mrs.
Walter S. Wilson, president of the auxil
iary to the Army and Navy Christian
Commission of this city, and a son of Coi.
W. P. Price, just appointed to represent
the Eighth congressional district as vice
president of the Reunion Association of
Confederate Veterans. Coi. Price can
trace the name of W. P. Price in his fam
ily as soldiers for nearly 200 years. As to
himself, his record was made in Kershaw’s
regiment (Second South Carolina Volun
teers). He was the first non-commissioned
officer mustered into Confederate service
in Virginia, and volunteered, as stated,
from South Carolina, where he was then
living. His career, political, educational
and judicial, is well known to Georgians.
SISO to Augusta, Ga., ami ‘Return.
The Central of Georgia Railway will-sell
excursion tickets to Augusta, Ga., and re
turn for train leaving Savannah 9 p, m
(railroad time) July 30; tickets good re
turning by train leaving Augusta 11 a m
July 31. -aj.
Army nnl Coast Defense Supplement
The Scientific American Army
Defense Supplement: Guns, armor, and
fortifications; lllu.trailon of battleship
lowa. Price 30 cents. For sale at Es
till's News Depot, 45 Bull street, Savan
nah, Ga.—ad. !
SOUTHERN RAILWAY
THE LINE TO
Asliavilla,
Hot Springs
And Other Resorts
IN THE MOCNTAIN9 OF WESTERN
NORTH CAROLINA,
“THE LAND OF THE SKY.”
SPECIAL RATES FOR SUMMER
TOURISTS.
Trains leaving Columbia 8:30 a. m. for
Asheville. Pullman drawing room buffet
sleeping car.
Train leaving Columbia 11:30 a. m. for
Asheville. Parlor car after June 3, 1898.
For full information call on any agent
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.
Tlie best Is. good enough for
most people. The best thing
on wheels is the
SSO-Blcyc!e-S6O
$35--’97 i¥lonarchs--$35
MONARCH CYCLE MFG. CO.
CHICAGO. NEW YORK.
. Wanted, live agents in Savannah and
vicinity.
ADJUSTABLE
WINDOW
CHEAP
mm loi/ell’s "sons,
113 BROUGHTON ST.. WEST.
C-l —— -3
SCHOOLS _%VU COLLEGES.
He Woman’s College
of Baltimore
Offers earnest, well prepared young
women facilities for obtaining a
college education under the direc
tion of specialists, with abundant
laboratory appliances and modem
methods. Climate mild, surround
ings cheerful. Total yearly ex
pense, three hundred and seventy
five dollars.
Programs mailed on application.
* JOHH F. (iOIXHIU, Pm., lumuoT*. Id.
MARY BALDWIN SEMINARY,
For Younc Inaction. STAI NTON, VA.
Terra begins Sept Ist, 189 H. Located m Shenwidoab
Valley of Vir:ini.n. Unsurpassed climate, grounds ant
appoint merits. U 0 States re presented. Termamoderata
\v rite for Catuloguo Alary Baldwin Skmlnaky
BETHEL MILITARY ACADEMY. VA.
—32d session opens Sept. 15. Patronage
from 20 states. Has prepared more soldiers
and scholars than any other private insti
tution in the south. Illustrated catalogue.
Address Tt. A. Mclntyre, Superintendent
Bethel Academy, Virgina.
FANCY MESSINA LEMONS.
PINEAPPLES, PEANUTS,
POTATOES, ONIONS, etc.
HAY, GRAIN and FEED.
W. I>. SIMKINS & CO.,
213 to 215 Bay street, west.
JOHN G. SUTLER
Paints, Oils, and G.ass, Sash Doors,
B .nds and Bui.ders' Supplies, Plain and
Decorative Waii Paper, Foreign and Do
mestic Cements, Lime, Plaster and Hair.
Sole Agents for Asbestine Cold Water
Paint.
SO Congress street, west, and 19 St. Julias
street, west. <
PLIiUBJNS, STEAM AND GAS filMI
By Competent Workmen at Reasonable
Figures.
L. A. huCOARTHY.
Ail sou, eiode iliuvt u*j aopertisiou. I
full supply of Clones. Chandeliers, Steam
and Gas Fittings of all the latest styles, at
142 ar.d 144 DRAi'TON STREET.
old Newspapers. 200 ror 25 cents, at
Business Office Morning News.