Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, May 04, 1909, Page 3, Image 3

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Newspaper Page TextGDOD EFFECT OF. ROftQ-TESIING RUN WILL LIVE ALWAYS Senator Bacon Says Automo bile Feature Will Survive Few Days, But Benefits to Good Roads Will Last. By Ralph Smith WASHINGTON. D. C.. May • words of commendation for The Atlanta Journal-New York Herald road building contest between New York and Atlanta are to be heard in Washington among public men. The details of the affair have attracted wide attention here and it ia surprising to note the unaniml > with which inen from ail sections of the , country approve the big event. It appeal’ ; not only to th esenators and represent*- , fives through whose states the race si take the automobiles, but challenges the admiration of statesmen whose homes are remotely located from the path to be traversed in linking the New York me tropolis and the Gate City of the B™’**- I The views expressed by Director of Pub lic Roads Page, in his recent interview in The Journal, are shared by scores or others, whose interest in the develop ment of the country is equally as keen as that felt by Mr. Page. The New York- Atlant* contest has developed a surprising interest in the problem of good roads-an j interest which in many public men seems , to have been latent. The Journal-Herald road building con test and reliability run has already as sumed that importance which renders it unnecessary to broach the subject by means of a preliminary introductory statement. The mere mention of the two paper*, coupled with a suggestion of good roads and automobiles, suffices to pave the way for an interesting conversation. The novelty of the combination—and a most natural combination it is—has made a lasting impression. and one thinks neither of automobiles nor good roads without also thinking of the New York- Atlanta race. Georgians Indorse Contest Three distinguished Georgians today indorsed the contest. They were Senator A. O. Bacon. Judge Charles L. Bartlett, of Macon, representative in congress of the Sixth district, and Hon. Dudley M. Hughes, of Danville, representative in congress of the Third district. The Geor gians. each of them, believe in good roads, and their praise for the contest hinges upon their interest in the development of the highways of the country. Senator Bacon is not an automobile en thuaiast. He tolerates them because they are here. He would regulate them if he could, and his regulations might not be pleasing to the auto owners. The sen ator is the friend of the horse, though he himself is a great pedestrian. He en joys walking, and walking is one of his chief recreations. He walks to and from the capitol every day the weather will permit, but his walking doesn't detract from his love and admiration for the horse. He is for anything within reason that will help the horse, or the mule. He was born on a southern plantation, and lives on his stock farm in the suburbs of Macon, and he believes that good roads are a boon, not only to the horse, or mule, but also to the owner of the horse or mule. By the same token, he believes that The ,Atlanta Journal-New York Herald contest will, in the end. benefit the horse, the mule, and the farmer, because the contest will stimulate interest in road building and road improvement. “Benefits Will Be Lasting" "I suppose The Journal-Herald contest ■prill appeal to the automobile people be cause of the possibilities it will furnish them for enjoyment.’’ said the senator. "I. too. indorse the contest, but not be cause of the automobile feature. If I had my way I would regulate the automobiles, and my regulations might be too strin gent to suit some reckless autoists. How ever. I think the New York-Atlanta run a good thing, because it will. I believe, stimulate an interest in road making and road improvement. •The automobile feature will survive for a few days and will of course attract wide attention. The good roads that will result will survive for years, and will probably result in more and more good roads. The automobile feature will invite attention to the highways between At lant* and New York also, and the people in other sections will. I hope, learn much of interest and benefit in this way. Good roads are good things for a com munity in more ways than one. This fact is so well established that further com ment would be superfluous. They are a good investment, and anything practical that will tend to stimulate interest in road building should be encouraged. The ’ Journal-Herald contest will stimulate in terest all right, and it will stimulate the right kind of interest, I believe. It will appeal to local pride, and cause the im provement to be made by communities that will later receive the direct benefits of their work, whether they succeed in capturing any of the prizes to be award ed. The benefit* will be lasting.” Judge Bartlett for Contest Judge Charles L. Bartlett thinks migh ty well of the Atlant* Journal-New York Herald contest. He read the details when they were announced in The Journal. “Material benefits will be derived from the contest,” said the judge. "I believe from what I’ve read and seen of the affair that many of the counties between New York and Atlanta will engage in active competition for the prizes to be awarded. Buch a contest can mean but one thing—more roads and better roads. Then, too, the event will attract wide attention, and the condition of the roads will be watched by the general public with as much interest as will the endur ing qualities shown by the competing cars. The interest thus stimulated will be general, and while the immediate sec tion to be traversed will receive more material benefit at the time, I believe that it wfil awaken a spirit of emulation in other sections. “I am not going to say anything about the value of good roads. Everybody ap preciates their worth.” Mr. Hughes Favors Contest Hon. Dudley M. Hughes, of the Third district, who is serving his first term in congress from Georgia, is a farmer—and a successful one. He Is a sure enough farmer, who lives on his farm, who helps to work it and who has had years of experience in the rural districts. Mr. Hughes knows all about good and bad roads. He appreciates, as few public men of today appreciate, what good roads mean in the country. "I regard the Journal-Herald contest with much favor.” said Mr. Hughes. "It is fibund to do a world of good. and the farmer will, in the end. be the benficiary. I believe. Os course these automobile fel lows will enjoy their race, but the actual benefits will come t > the farmer—the man who lives in the coyntry, for I believe the contest will arouse such an interest in road building that miles and railes of good highway* will be constructed. The autoists may enjoy the roads for a day. The people of the section in which they are located will enjoy them for years, and once they experiment with good roads theyMl never quit building until they have a perfect system in their com munity. TWO HUNDRED ARE KILL ED IN STORM;AND SCORES ARE INJURED Continued from Page one vessels were running for the shelter of Keweenaw bay. when the Nestor sank ’without warning. The Schoolcraft succeeded In reaching the bay and the dock, but she was leak ing badly. The lighthouse keeper on Hu • ron Island saw the Nestor go down and made a heroic effort to save the mem bers. but he was unable to rescue them. KNOXVILLE IS DAMAGED £200,000 BY STORM KNOXVILLE. Tenn.. May -1.-A low estimate on the loss by the storm on Friday in Knoxvill rand vicinity places it at two hundred thousand dollars. Fully one-half of thiq amount has been done to orchards. STORM SINKS VESSELS IN HARBOR AT PENSACOLA PENSACOLA. May. I.—Considerable damage was done to shipping early this morning by a southwest storm, which swept over the bay at a velocity of be tween 50 and 9) miles an hour, causing vessels to drag their anchors and small I boats to be dashed against wharves, i some of which sank. The bark Sylsidel. parted her cables J and drifted across to Palafox wharf, 1 crashing into a fleet of fishing smacks, badly damaging the schooner Favorite, of sixty tons, and smashing a hole in the hull of the bark. A number of trees and many fences | were blown down. CHURCH AND DWELLINGS ARE RAZED AT PIEDMONT ANNISTON. Ala.. May I.—The storm damage at Piedmont Friday, amounts to | $10.(00 and one child injured. Three I dwellings were razed, four swept from their foundations, and the Christian church destroyed. BRASWELL DESTROYED BY TERRIBLE STORM AND FIRE ROCKMART. Ga.. May I.—A terrific storm passed througli here last evening. Heavy rain fell and water is high in this vicinity. A hail storm lasting fifteen min utes #ith stones as large as hen eggs. A cycline passed three miles east of town and swept away everything in its path. Many people are hurt, some seri ously. It is reported that the town of Bras well is entirely destroyed. Fire destroy ed the wreckage in some places. The homes of Ira Simpson. Ben Hawk ins. Jim Johnson and Mr. Shelley were entirely swept away and many of the in mates Injured. FARM HOUSES SWEPT BY STORM IN ALABAMA THOMASVILLE. Ala., May 1.-A tor nado which swept over Clarke county Friday night killed one negro and in jured another on the T. W. Knu brough plantation. A number of farm houses were destroy ed and fences were carried away. PHILADELPHIA IS HIT BY STORM OF HAIL PHILADELPHIA. May 1.-Accompan ied by a heavy rain and a downfall of hail, a violent windstorm swept over the northern section of this city this after noon. causing considerable damage, though no lives were lost and no one was injured. More than a dozen houses were unroofed, windows were broken and hun dreds of trees were uprooted. Wilmington. Del., also suffered from the storm and much damage was done. Several chimneys were blown down and a number of houses were unroofed. No one was injured. DEATH AND DESTRUCTION FOLLOW IN STORM’S WAKE MONTGOMERY, Ala., May I.—Specials to the Advertiser from Pineapple, Ala., and Schuster, Ala., tell of death anti de struction in the storm late Friday night. Near Pineapple the residences of A. C. and J. W. Feagin were destroyed, and twelve houses on their plantation were destroyed. A negro woman was killed and two other negroes seriously Injured. FOUR KILLED; MANY HURT IN COUNTRY IN ALABAMA BIRMINGHAM. Ala.. April 30.-Meager reports are coming in this afternoon from Morgan county of a severe cyclone which passed over that part of the state after 2 o'cluvn. The worst part of the storm -JJ«H J° WM sanui jnoj inoqe xonuts zelle and four people were killed and , noon indicate that there will probably be a serious loss of life when all returns are in. I MAMMOTH SPRINGS, ARKANSAS, HARD HIT MAMMOTH SPRINGS. Ark., April 30.- , A tornado passed 18 miles east of here last night, killing eight persons and in juring many others. Many houses were demolished near Mammoth Springs, and much live stock was killed. HUNTSVILLE. Ala.. April 30.-A tor nado struck Fayetteville and southern i Tennessee towns late last night and kill , ed several people, besides ruining valuable . property. The dead so far known are: , MISS JENNIE NELSON. I JOHN PRESCOT. THOMAS WOODS. t Miss Nelson was killed by a live elec i trie wire and Woods was struck by light i ! ning. The cotton mill was almost demolished, ' and the village suffered severely. ! Walter Fleming s home was blown away and he has not been seen since. Only four houses were left at Harris, five ‘ miles from Fayetteville, and several peo ple were killed. Decherd and Winches ( ter. Tenn., and smaller towns in the ter , rttory are reported as severe sufferers. , | All wires are down and meagre news ’ j has reached here by train. i i HILLSBORO, TENNESSEE, REPORTED ANNIHILATED LOUISVILLE, Ky.. April 30.-Severai > persons are reported killed in last night’s ■, tornado near Franklin, Tenn., and the . town of Hillsboro, a few miles from . there Is said to have been blown away r Much damage is reported at Centreville, (NEWSPAPER MAN’S WIFE SHOOTS MAN TO DEATH, TRYING TO ENTER HOUSE • CINCINNATI. 0., May 1.-L. D. Plow man, 40 years old. a printer o fCanton, Ohio, was shot and killed early today by Mrs. Elizabeth Forsyth, wife of William Forsyth, a newspaper correspondent, llv- UNCLE SAM TO PROSECUTE PROHIBITION VIOLATORS The all-seeing eye of Uncle Sam has ; l»een turned like a solar spotlight on I Atlanta's blind tigers. And being by na ; ture blind, what are the tigers going to • do? What the government proposes to do. ‘ and as a matter of fact, is doing already. ■is to prosecute in the federal courts i through the agency of the internal rev- • enue department all cases of violation of | the prohibition law that are brought be- I fore the recorder ano found guilty. To • bt sure, if the defendants in these cases can produce revenue licenses for the handling of liquor, the government will ■ trouble them do further for Uncle Sam THE ATLANTA • SEMI-b EEKLY JOURNAL, ATLANTA, GEORGIA, TUESDAY, MAY 4, 1909. Tenn., and other nearby towns. Advices up to 9 o'clock this morning give no Indication of loss of life in Louis- ! ville or Kentucky as a result of l«st | night’s terrific storm. Much property . damage was done in this city and j throughout the state. Communication by both telegraph and j telephone is all but suspended. TWO TELEPHONE GIRLS KILLED IN ALABAMA' DANVILLE. Ala., April 30—Danville was struck by the storm shortly after 2 o’clock. Among those killed are the Misses Scoville, telephone operators. There are many injured at this place and , no telling how many killed because of the i excitement that prevails. The storm is , headed direct south towards Birming ham. GREAT LOSS OF LIFE IN PULASKI, TENN. | PUALASKI, Tenn., April SO.— Twenty I persons are reported to have been killed ' and forty injured in a tornado whica swept over the eastern section of Giles county early today. Bee Springs, a vil lage in the southeast section, 16 miles from Pulaski, is reported to have been totally destroyed. The country in this section is devastated and details are mea ger. 67 KILLED; 7« INJURED IN STATE OF TENNESSEE NASHVILLE. Tenn.. May I.—The ter rific storm which swept over Tennessee from the mountains of east Tennessee to the Mississippi river in the west, was in many respects the most terrific of years. The storm struck many sections with ter- j rific force, leaving death and devastation , in its wake. The casualties are not con- i fined to any special locality, but are re-, ported all along the entire route. The I storm swept across the state In a south- j westerly direction. The greatest loss of life was in Giles and Hickman counties, j of the middle division of the state, but fatalities are reported In many places in the western and eastern divisions. Every where the destruction of property was fearful, houses and barns being lifted from their foundations and demolished, while great expanse of forest lands were devastated, trees being uprooted or twist ed from their stumps. The list of dead and injured is, of course, incomplete on account of the interruption of wire ser vice, both telephone and telegraph lines being down, cutting off from communica tion many places stricken by the stoim. List of Dead So far as can be ascertained the casual ties in this state Include sixty-seven kill ed and seventy-eight injured. The list of the known dead follows: FLETCHER NORTHCUTT. JOHN NORTHCUTT. INFANT TWINS OF MR. AND MRS. JOE TURNER. EIGHT-YEAR-OLD DAUGHTER OF MR. AND MRS. JOE TURNER. MRS. JOHN WOODE. MRS. GOODRICH. CHILD OF MR. AND MRS. SAM NOWELL. JAMES STAFFORD, Clarksville, Tenn. COLORED CHILD (unknown). WILBURNE MARLIN. FREDDIE MARLIN. MRS. MAT SWEENY. GOLDEN COLEMAN, Franklin, Tenn. MRS. HUNT, Tellico Plains, Tenn. MR. GEORGE LADD. Prim Springs neighborhood. LITTLE SON OF THE LADDS, Prim Springs neighborhood. MRS. WILLAD COCK, Prim Springs neighborhood. MR. AND MRS. 808 STEVENS, Prim Springs neighborhood, missing; supposed I to be dead. BUDD GUFFEY, WIFE AND TWO CHILDREN. MRS. THAD ROWE AND TWO CHIL DREN. MR. AND MRS. WILL M’GREW AND FOUR CHILDREN. JACK POPE AND WIFE. WILL ROSS LACKEY, JR. INFANT OF W. F. M'LAURINE. NANCY SMITH (colored) AND TWO CHILDREN. CHILD OF TILL BLEDSOE (colored), Bryson, Tenn. MRS. MITCHELL. CHILD OF DICK STORY. TWO UNKNOWN AG7D WOMEN. THREE UNKNOWN COLORED WO» MEN, Millville, Tenn. PARKER LACY. ABE DICKERSON. CL’TSHAW TWINS, aged 16 years. FLORA MERRIWETHER (colored.) NEGRO MAN. unknown. Bells, Tenn. ERDMAN AND BABY. ESTELLA JONES (colored.) COKEMAN, Decherd, Tenn. MONROE DICKERSON. Mrs. L. E. M’LEMORE, nar Jackson, Tenn. BARRY PROSSER. MIS JENNIE KELSOE. Fayetteville, killed by live wire. ROY WHITE. Harms. Tenn. MRS. DOUTHAT, Cyruston, Tenn. UNKNOWN NEGRO WOMAN. A. M. THOMPSON, near Harms. WO MEN, near Roby, Tenn., unidenti fied. SIX PERSON'S KILLED IN CHICAGO BY STORM CHICAGO. April 30.—Six persons were killed and forty injured in Chicago and environs during the storm last night, ac cording ot reports received today by the police and coroner. The list of injured includes only those whose names were officially reported. Probably as many more received private attention, inform ation of their condition therefore not be coming public. By the death of three men in the hos pital today the list of fatalities due to the unroofing of the Grand Crossing Tack factory in the storm, last night, was brought up to four. The first death oc curred when the roof collapsed. The three men who died today were among the nine injured last sight. Storm conditions in this vicinity are somewhat improved, although showers and thunderstorms, turning to snow flur ries and colder, with a westerly gale, are predicted for the next 24 hours. The tele graph companies expect to have their lines repaired in that time, but the lack of communication with many points in the middle west leaves the exact extent of the damage in doubt. That, however, destruction has been widespread, involv ing loss of scores of lives and much ing at 11 1-2 West Ninth street. The woman was arrested but was al lowed her liberty on her own recogniz ance. The man. it is said, was trying to enter the house by a window. ■ has no particular quarrel concerning the prohibition law within itself. But the revenue department reasons that a blind tiger would not be likely to have a li cense. And so the blind tiger has come to be classed along with the moonshiner, the | only difference being that the former puts lon city airs that its country cousin • knows nothing about. There are now something like a score of' cases which the recorder has bound over to the higher courts. The revenue department will secure the evidence al ready collected for each of them and will use this as a basis for Its prosecutions. SHACKLED WITHIN I 18 HOURS OF DEATH! DR. BROUGHTON TELLS OF PITI- j ABLE CASE OF YOUNG HUES, AT BELLWOOD CONVICT CAMP HOSPITAL. Dr. Len G. Broughton, pastor of the | Tabernacle Baptist church, at the con- j elusion of his sermon Sunday night, told ; of an instance at the Bellwood convic* j camp hospital, near Bellwood avenue, where a convict, dying of tubercular I laryngitis, was shackled until within l> • hours of his death. Even then one of the shackles had to oe removed with a steel chisel, and at each blow of the hammer the convict scream ed and shrieked with pain. This was last Saturday. The convict died Sunday morn ing at the Incurable hospital, where he was taken in an ambulance by Rev. E. H. Peacock, Dr. Broughton’s assist ant. . The story as told by Dr. Broughton and Mr. Peacock is substantially as fol lows: E. C. Hues, a young man, was sent up several months ago for forgery. He was sent to the Dunwoody camp for three years, but took laryngitis and had to be sent to the hospital at Bellwood. Mr. Peacock heard of his condition, and about a week ago went out to see him. Meanwhile he had communicated wit’. Hues' brother, who lives out of town. A* that time Hues had on shackles, but was able to get up and walk. Mr. Peacoc> says that he thought at the time that it was rather peculiar, this thing of shackling a sick man, but thought that this precaution had to be taken against convicts who shammed illness. He said nothing about it. Hid the Shackles Later Hues’ brother went to see the sick man. Hues had so much considera tion for his brother's feelings, he after wards told Mr. Peacock, that he covered the shackles with the bedclothes. Mr. Peacock then went to Governor Smith to get a pardon for Hues. This took time, and it was last Saturday be fore he got the pardon and went with it to get Hues. He was then in a dying condition. “I found that one of the shackles had been taken off.” said Mr. Peacock. “One was left, however. It was under the stripes, next the skin. With the assist ance of other convicts, and with a chisel and hammer, we succeeded in removing the shackles. The cries of the poor fel low, then in the last stages of tuber cular laryngitis, were pitiable. I shall nev er forget them.” Died Eighteen Hours Later Hues was then removed to the incur able hospital. There he died Sunday morning, or 18 hours after the shackles had been removed and he had been par doned. Mr. Peacock says that Hues was unable to speak above a whisper, had been in that condition two months, and that in that condition two months, and that in roads. He said he didn’t know the name of the man in charge of the hospital at the Bellwood camp. LIQUOR MEN WANT’ ’ FEWER OPEN SALOONS TERRE HAUTE, Ind., May 3.—The Terre Haute Liquor Dealers’ association has pre pared a petition to the city council for an ordinance which will gradually reduce the number of saloons one-half. » The limit is to be placed at one for five hun dred population, which would make the total about 140. as compared with 270 at the present time. The provision Is that no license lie Issued to any person not now in business, the decreasing effect to be tn the retirement of those already in business. It is thought that this will have an influ ence against voting the county dry if- the antis call an election under the county option law as they are expected to do. SHOT TO DEATH IN HIS BUGGY ABBEVILLE. Ga.. Mav 3.—Joe Floyd, col ored. killed Bart Hamilton about one mile north of Rochelle. Floyd, who lives on TTohn P. Doster s place, saw Hamilton driving up the road in his buggy. He Is said to have walked into his house, got his shot gun and when Hamilton came up he shot him dead in his buggy, tearing a great hole through his head. Floyd was arrested and brought to Abbeville by Town Marshal Claude Renfroe, of Rochelle. There had been trouble between them before. Floyd Is said to have had a grudge against Hamilton. UNKNOWN MAWBODY FOUND NEAR MOBILE MOBILE. Ala.. Mav 3.—The body of the unknown white man found on the bank of a creek in this countv on December 20, 1908. has at last been identified as that of George Stanton Peters, son of Slaior Henry Peters, an officer In the English armv, residing at 86 Hungerford Road. London. Eng. The body will be properly Interred here MST 10. and Rev. Arthur Peters, brother of the dead man. will conduct similar service in Eng land on that dav. stock and other property, is shown by such reports as are at hand. Wires are down in lowa, Missouri and Kansas and transportation in central Illinois and the northwest is partly paralyzed. Inquiry at the general offices of the Illinois Central elicited the information that there were no wires for the dispatch ing ot trains early, although hope was expressed that a patchwork service might be restored before night. The Chicago and Alton, two of whose trains were stalled last night, reported traffic being handled on a normal basis today, although their wires had suffered. At Superior, Wls., a blizzard, which started yesterday, is still f raging, snow being driven all night by a wind rang ing from forty to flfty-flve miles. At La Crosse, Wis., one of the heaviest storms of the winter is raging. Four inches of snow has fallen before now and the storm seemed likely to continue all day. Freezing weather prevails over a large portios of Nebraska, temperatures rang ing as low as 24 degrees above at North Platte. A twenty-mlle an hour wind from the north and the temperature 40 degrees above zero were the conditions that pre vailed generally in western Missouri and throughout Kansas today. Freezing tem peratures in the pan handle of Texas is reported. Pueblo, Col., reports snow and rain. There was freezing temperature last night. Farmers kept smudge fires burn ing to save fruit blossoms and buds. THREE PEOPLE ARE KILLED IN HILLSBORO, TENNESSEE NASHVILLE, Tenn.. April 30.—The town of Hillsboro, nine miles west of Franklin, was practically widep out and three persons, names unknown, were killed in a house demolished by the wind. Many barns and houses between Frank lin and Hillsboro were unroofed. Hun dreds of shade trees on the old John Me- Gavock farm, historic as being in the battlefield of Franklin, were blown down and all of the barns on the place de stroyed. ! TORNADO DIPS DOWN ON VILLAGE IN OHIO • PIQUA, 0., April 30.—A tornado 20 , miles wide dived down in this section at I 1 o’clock this morning and caused a prop- I erty damage estimated at SIOO,OOO. I The path of destruction extends over ■ several counties, and extreme damage j was done by the wind in the towns of Piqua, Sidney, Houston, Fletcher, St. • Paris and Kirkwood. No loss of life. GOVERNMENT WINS COMMODITIES CASE I NSUPREME COURT Continued From Page One ] act of transportation, parted with its in terest in such commodity. I "b. When the railway company owns 1 a commofiity to be transported in whole I or in part. "c. When the railway company at the time of transportation has an interest direct or indirect, in a legal sense in the commodity which last prohibition does not apply to commodities manufactured, mined or produced, owned, etc., by a corporation because a railway company I is a stockholder in such corporation. Such ownership of stock in a producing com pany by a railway company does not I cause as the owne rof the stock to have I a legal interest in the commodity manu- I factured, etc., by the producing corpora | tion. | ”3. As thus construed, the commodi- ties clause is a regulation of commerce within the power of congress to enact. The contentions elaborately argued for the railroad companies that the clause, if applied to pre-existing rights, will oper ate to take property of railroad compa nies and therefore violate the due pro cess clause of the fifth amendment, were based upon the assumption that the I clause prohibited and restricted in accord ance with the construction which the government gave that clause, and for the purpose of enforcing which the prohibi tions these suits qjere brought. Are Without Merit “As the construction which the govern ment placed upon the act and seeks to en force, is now held to be unsound and as none of the contentions relied upon is applicable to the act as now construed because under such construction, the act merely enforces a regulation of commerce by which carriers are compelled to dis associate themselves from the products which they carry and does not prohibit where the carrier is not associated with the commodity carried, it follows that the contentions on the subject of the fifth amendment are without merit. I “4. The exemption as to timber, etc., 1 contained In the clause is not repugnant to the constitution. “s—The provision as to the penalties is separable from the other provisions of the act. As no recovery of penalties was prayed, no issue concerning them is here presented. It will be time enough to con -1 slder whether the right to recover penal ties exists when an attempt to collect penalties is made. “6—As the construction whic hthe gov ernment gave to the act and which it was the purpose of these suits to enforce, it is held that it is not necessary, in revers ing and remanding, to direct the character of decrees which shall be entered, but simply to reverse and remand the case with directions to enforce and apply the statute as it is now construced. ••7—As the Delaware and Hudson com pany is engaged as a common carrier by rail in the transportation f coal in the channels of Interstate commerce, it is a ' railroad company within the purview of the commodities clause and is subject to ' the provisions of that clause as they are now construced.” , PHILADELPHIA COURT has been reversed ' NEW YORK. May 3.—The decision on , the commodities clause, which was re ! versed by the United States supreme court was rendered by the United States circuit court at Philadelphia on Septem ber 10, and at the time upheld the conten tion of the coal roads. The circuit court 1 decided the clause nuconstitutional. Confusion as to the «««* of **** ’■ preme court decision in P ’ corfi*hodities clause caused extreme uni 'J certainty on the stock exchange *nd (brokers bought and sold stocks for a few I minutes entirely on reports of the decis 1■ ion that reached the floor. The execution ‘ | of orders contingent upon the court s de :l cision was necessarily accomplished ’kith fl much confusion, and frequently brokers i had to re-buy what they had I sold when the reports became conflicting. ‘' Activity on the stock exchange floor cem tereef almost completely in Reading and thousands of shares of that stock were bought and sold. Officials of the coal roads affected by the decision said this afternoon that until ; they had an opportunity to carefully con , slder the text of the court s decidon > they would make no comment on its pro ’ visions. J PHILADELPHIA-READING 1 STOCK TAKES A SLUMP ? NEW YORK. May 3 —Philadelphia and Reading stockslumped 3 points tn the i New York stock market on the announce ment of the commodities decision, and the Tf*t of the market weakened moderately. Before 1 o’clock Reading recovered its , loss and the whole market became in ‘ tensely dull. Delaware and Hudson lost ’ 1 1-4 and Pennsylvania 1 on the break, ‘ but both recovered the losses. B PHILADELPHIA LAWYERS t SURPRISED BY DECISION PHILADELPHIA, May 3.—The decision , of the United States supreme court in • the commodities clause was a surprise to lawyers and others in this city interested - in the case. It had been confidently ex ‘ pected that the court would affirm every ’ point in the lower court’s decision, which > was written by Judge Gray and concurred 1 in by Judge Dallas. Judge Buffington dis ’ sented from the majority decision. Judge Dallas has since retired from the ! bench, having reached the retiring age. 1 it is not yet clear what the Reading ’ company’s position is under the decision ’ of the supreme court, vvhile the Reading t was made a defendant when the suit was brought against the coal carrying ! road, its case was passed over oji certain 1 legal grounds by agreement of counsel for ’ the government, and the defendant's ar gument was learned last June. 1 J. D. Cambell, counsel for the Reading r company, said he would not discuss the ’ decision until after he had read it. Neith er would he express an opinion as to what L further action would be taken. John G. Johnson, of this city, who made r the principal argument for the railroads, ' and Francis I. Gowen, head of the Penn sylvania railroad legal department, also 5 declined to discuss the case. , COMMERCE COMMISSION INTENSLEY INTERESTED WASHINGTON. May 3.—lntense inter. ’ est was manifested by the interstate I commerce commission in the decision ren- • dered by the supreme court on the com ' moditles clause. The decision did not come as a surprise because it had been • anticipated on the basis of the debate in 1 congress that the court would hold that ’ ownership of the stock or bonds of coal companies did not constitute a violation o£ the act. j No member of the interstate commerce commh*ion, in advance ot the reading o£ 8 the opinion of the court, would express an opinion as to its effect. The concrete 1 situation is that only two of the anthra -8 | cite roads own, operate and market their - own coal. It is regarded that under the ■ decision of the court the law applies to • those roads—the Lehigh Valley and the • Delaware, Lackawanna and Western. The J effect of the decision, it is believed will ’ be to induce those lines to organize sep- • I arate coal companies and conduct their operation through them because of the mere holding of stock in such coal com panies is held by the court to be not a ’ violation of the law. JI M COOPER CASE GOES TO SUPREME COURT r« 3 1 NASHVILLE. Tenn.. May I.—The bill ot r I exceptions in the ease of the state vs. Col. D. B. Cooper and Robin J. Cooper was signed • I bv Judge Hart today. • This takes the record to the supreme court. DR. BROUGHTON RENEWS I ATTACK ON CONFERENCEi Returning to the subject of the Southern j Educational conference which was recent- ' ly in session in Atlanta, Dr. L. G. Broughton Sunday night defended the; position he took in his pulpit at the Bap- | tist tabernacle just after the conference) closed, and reiterated his charge that the , tendencies of the conference were pagan- ■ istic. He has been roundly criticised since; that utterance, he said, but of all the. criticisms uttered the only one which hurt; was that of the Baptist Ministers’ associ ation in Atlanta, which took the form of ■ resolutions defending the purposes and • aims of the conference and deploring the j unfavorable comments that had been made upon it by Dr. Broughton. "They say I am ignorant, but wherein ■ does my ignorance lie?” demanded Dr. , Broughton. “I feel that I know a few things. I have been as far as Buckhead and College Park and a few other places, ■ and I ought to know something. I said | simply that no man connected with a re- j ligious institution was allowed to speak; on the program, that the conference was not opened with prayer, and that the name of God, Christ or the devil was not mentioned. I have sense enough to know when I hear those things mentioned. 1 . attended the conference.” Dr. Broughton amplified upon his form er charges by saying that* there is a growing tendency in the south to com mercialize religion. He said that there were a number of college presidents over the south burning with indignation over the way the conference was conducted, but they were afraid to talk lest they might lose their share in the distribution of the southern board of education fund. “As for myself,” said Dr. Broughton, “I prefer to keep my religion, and let the southern board of education do like wise with its money.” He said that a majority of those who made up the recent conference were northerners. While he has no sectional feeling, he said, he cannot help condemn ing the attempt made by those men, as he charged it to be, to “paganize” education in the south. “Harvard is the hotbed of American heathenism,' ’he said, “and the main drift of the University of Chicago is to destroy the confidence of the world in the Bible. This is the form of education which, if unchecked, is to damn this land.” MAKES EXTENSIVFPLAN TO BENEFIT CHURCHES MEMPHIS, Tenn., May I.—Working out a plan to bridge the gap between the east and south and the western coast, in church work, were the feature of the work of the church extension noard M E. church, south, at its session today. It was decited to devote more attention to th echurch in New Mexico and in Arizona and thus give a clean sweep from coast to coast for the Methodist church south. In line with this the donations to churches in this section were made particularly liberal, considering the rela tion between bequests and money on hand, the presiding elder of the dis trict. the Rev. J. E. Crutchfield were given authority to raise $15,000 to ad vance the work of church extension in his section. When the field in New Mexico and Arizona is in good snape the dhuren wih present an unbroken front from the Atlantic to the Pacific. The work of making appropriations and donations were gone into vigorously by the members of the board present, as the final session will be held late today and some of the members expect to leave for home tonight. In the main the rec ommendations shown in the report of the corresponding secretary, the Rev. W. F. McMurry, of Louisville, were adopted. The board nas only about $60,000 to do nate with requests on hand for more than $9.0,060. F6“owing a recess of the extension board Bishop Candler delivered an ad dress on “The Needs for Church Build ing in Cuba and Mexico." The board will reconvene late today, when it will probably complete its work and. adjourn sine die. Jacksonville, Fla., is prominently men tioned as the next meeting place. A num ber of urgent invitations from that city having been presented to the board. TENNESSEE TO TEST STATE PROHI LAW NASHVILLE, Tenn., May 3.—A test in the courts of not only the prohibition law known as the manufacturers' bill, but al so of “statewide,” or four-mile law, is now regarded as a certainty. That the manufacturers’ law. which prohibits the manufacture of whisky or other intoxi cants after January 1, 1910, in the state, will be tested in the courts, has been known for some time, but that the four mile law would undergo a test in the courts was not anticipated. During the closing days of the general assembly leading lawyers of the city stud ied the provisions of the laws. Every phase of the four-mile law was carefully examined, and it is reported that the le gal counsel employed to look into the matter state that they have found cer tain phases of the new law upon which a test case will be hypothecated. BOY MEETS DEATH WHILE PLAYING BALL COLVJSBUS. Ga.. May 3.—William Taylor, the six-vear-old son of Calvin Taylor, met a tragic death in Jordan City Sunday afternoon by falling off a box of earth in which flower* were planted. The boys were playing ball, and the young boy reached Into the box to get the ball. The support gave wav and the box, weighing 200 pounds, fell, the comer striking the little fellow on the forehead and crushing his head. He was carried to his home nearby, but never regained consciousness. WOMAN SUSPECT A SUICIDE IN KANSAS WICHITA. Kans., May I.—Mrs. Helen Yarbrough, of Springfield, Mo., wanted on the charge of murdering of John Btfl lette, a wealthy Indian at Claremore, Okla.. April 15th last, committed suicide here last night. INDICTED FOR MISUSE OF SUM OF $70,000 NASHVILLE. Tenn.. May I—Charged with misapplvlng about $70,000. W. B. Earthman, of Murfreesboro, former president of the First National bank of that city and of the W. B. Earthman Lumber company, was indicted on seven counts today by the federal grand jury. SECRETARY MEYER GOING ON TOUR WASHINGTON. Mav I—Secretary of the Navy Meyer will leave Washington next ?.frf day afternoon on a tour of inspection during which he will visit the naval academy at An apolis and the Norfolk naw vard. The seen -1 tarv will make the trip aboard the dispatch | boat Dolphin. Whiskey Dealers Clean Up Milliens es Dollars In Profits Yearly I Make own Liquors at Home? It’s perfectly simple and easy ! Anyone I I ALCO Extracts are a powerful double con- can do it bv using ALCO Double-Coneen- f ’FZ I centration of the selfsame ingredienta used trated Extract'. No distilling or ether | g,7 by allliquor dealers. Liquors nude with apparatus required. 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I, Cincinnati, Ohio NEW TRIAL DENIED MITCHELL; COUBT REFUSES TD FINE REUBEN ARNOLD, COUNSEL FOR THOSLASVILLE MAN CONVICT ED OF ASSAULT ON MISS LIN TON, SAYS HE’S CRAZY. Judge L. S. Roan, of the superior court, sitting in chambers, on Saturday denied the amended motion of W. H. Mitchell, of Thomasville, who was convicted for as sault and battery on Miss Lucile Linton, for a new trial. He also refused the re quest of counsel to change his sentence from twelve months in the gang to a maximum fine. .' Counsel announced that they would ap peal to the court of appeals, and that if they failed there, they would go to the j governor and the prison board for a par- 1 don or mitigation of the sentence. Judge Roan intimated to counsel for Mitchell that he would rather hear from them on the insanity phase than on the additional evidence of P. C. Croley, a Thomas county bailiff, whose affidavit tended to prove an alibi for Mitchell. Attorney Reuben R. Arnold, of counsel representing Mitchell, quite frankly stated that he believed Mitchell was crazy— “crazy as a bedbug.” he expressed it. “I believe that after I had talked to him.” said Mr. Arnold. ’’But he resented the idea of that sort of plea. His wife did. too. but he more than his wife. He said he would rather be hanged than de that. It was on my insistence that in sanity was ever mentioned, and then only in a hypothetical fashion.” Mr. Arnold added that he had heard that there was insanity in Mitchell s fam ily. . Stresses Insanity Theodore Titus, of Thomasville, of counsel for Mitchell, stressed the insani ty feature more than the Croley affidavit. He contended that Mitchell, if he had been guilty of the crime charged, must have been crazy. He said that every al leged act was the conception of a lunatic , andcarriedout with a lunatic's cunning. J He said also that Croley's alibi showed conclusively that Mitchell was two miles - from Thomasville at the time Miss Linton herself had testified that she left Thom asville with Mitchell, the latter disguis ed as a negro woman, The state had introduced affidavits at the morning session from officials of Thomasville and other counties to the ef fect that Croley was illiterate, and a man they would not believe on oath. The illit eracy feature was touched on by Judge S. A. Roddenberry, another of the law yers for the defense. Illiteracy and Accuracy He contended that illiteracy did not «f- . feet a man’s honesty, and that in the matter of details touching on time, loca tions and other matters an illiterate man had a better memory often than a liter ate one. because he trusted to his in stinct for his impressions, while an edu cated man would depend more on memo randa. He considered that illiteracy was in favor of the. accuracy of Croley’* tes Attorney Arnold also emphasized this fact. He told of an instance of a ne gro shepherd who could tell by looking at his flock whether any had been lost, although he could not count. When Solicitor General Thomas, of Val dosta, began his argument for the state. Judge Roan frankly stated that he was most interested in the question of Mitch ell’s sanity. He said he was thoroughly familiar with the record, and could recall the substances of all the testimony. “I would consider that Mitchell was sane,” said Mr. Thomas. Attorney Arnold Contended that every act of Mitchell was that of a crazy man. Act of Lunatic “No man would have committed th* crime he is charged with in the public ■ manner he did.” said Mr. Arnold. “They say a crazy man has great cunning. In this ease the cunning was very obvious. The crime was committed on a public highway. It was the conception of a crazy man. but carried out with a crazy , man’s utter oblivion of appearances, just as an ostrich, by hiding its head in the sand, imagines its body can not be seen.” Judge Roan, at the conclusion of the argument, said that he regretted that he could not grant a new trial. He said that Mitchell was convicted by a jury of his fellows, in a city where he had ! friends, and that he had been defended by able counsel. It was not for him to set aside that verdict. Such action on his part would tend to break up the sys tem of jury trial. Attorney Roddenberry then asked the court to mitigate his sentence from twelve months in the gang to a maximum fine. He said that Mitchell was ill, that he was physically unable to serve hl* sentence, and he pictured the sentenced man’s wife and family and their dis- ' grace More Serious Offense Judge Roan replied that he recognized this, but that Mitchell had been charged with a much more serious offense—at tempted criminal assault, a felony, and that the jury had reduced it to a misde meanor. Judge Roan intimated that counsel could appeal, and that, failing there, they could ask executive clemency. He and Solicitor Thomas were firm ! against any change of the sentence. It was said yesterday that counsel for 1 the state at the beginning had been wlll j ing and had even insisted that Mitchell ! consent to lunacy proceedings and ba sent to an asylum. His own lawyers ad vised this course, it was said, but he would not ccnsent. Judge Roan asked Attorney Arnold yes terday during the hearing whether Mitchell could not now be arraigned for lunacy. Mr. Arnold said that this would not be satisfactory, as an act such as he wa* accused of might be caused by tempo rary insanity, and that a man would not like to be branded for life by one un usual act. SLEIGHS NOW USED IN SUPERIOR, WIS. SUPERIOR. Wis.. May I.—The blizzard of the last two days ended last night to be succeeded by a steady and heavy snow ; fall this morning. Wheels have been abandoned for sleighs as the main streets have from six inches to a foot of snow. 3

Georgia Historic Newspapers

Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, May 04, 1909, Page 3, Image 3