Newspaper Page Text
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SMITH DEFENDS
EMPLOYMENT OF
SPECIftLCOUNSEL
Bx-Governoi Declares That Hooj-
, er Alexander Was Eligible for
Service and Was Engaged Be
cause of Familiarity With Cases
Mx-Gov.rnot Smith. whose employment
8 Os Represent stive Hooper Alexander, of
DeKalb county, as special attorney for
the state in several important pieces of
litigation has been made the subject of
criticism by S O. McLendon, suspended
railroad commissioner. Tuesday morning
Save out tne following statement:
It, % “Attention has been called to certain
fees which I paid as governor to Hon.
Hooper Alexander. 1 am glad to use
the opportunity to give the public the
p (gets.
g REDUCTION OF PASSENGER RATES.
“Just before the legislature met in
1907, *n order aas passed reducing pas
senger. rates on most of the railroads
throughout the state. Two commission
ers voted for the reduction. One voted
against the reduction.
“Upon the adjournment of the leglsla
rture the reorganised railroad commission
tmanimously approved the reduced pas
senger rates, and the railroads filed a
number of bills to enjoin the reduction
of the rates. The order reduced the
rates. The real fight was to sustain the
reductions before the courts.
“Cases attacking the reduction of pas-
J asnger fares were set for the sama day
In the United States circuit court and
tn the superior court of Fuiton county.
Many of the ablest lawyers in Georgia
represente<i the railroad companies.
' 1 requested Judge Hart to appear in
the United States circuit court, and I em-
Pioyod Messrs Wlmbish. Watkins & El
ds to aid him.
“I requested Judge Hines to appear in
the superior court, and 1 employed Mr.
Hooper Alexander to aid him.
“I employed Messrs. Wlmbish, Watkins
ft Ellis on account of the great experl-
Bance Mr. Wimbtsh had In such litigation,
and I employed Mr. Alexander because
be had conducted the hearing before the
railroad commission, seeking a reduction
the passenger rates, and because he
was especially familiar with the case and
■> a position to render valuable service
' to the state.
PAID TWO FEES.
•1 paid a fee of SSOO to Mr. Wimbish
and a fee of 800 to Mr. Alexander *
“When the case in the state court was
postponed, I requested Messrs. Hines anu
Alexander to join in the representation
* the state with Messrs Hart and Wfm-
L. Msh before the United States court.
"It will be remembered that in this lit-
Watinn the railroads brought to Georgia
tt-Senator Spooner, formerly of Wiscon
dn. now of New York city.
f - "The fees paid to the state's attorneys
, were very small in view of the interest
, involved and the service rendered.
•Th attorneys representing the state
ftefebted the application for a temporary
tbofralntng order, and the reduced pas
senger rates went into effect at once and
lave been in egect ever since.
“The people of Georgia bare saved each year
ter two years between and tI.MS.S® as
a result •>< tMs reduction of paasenger rates.
If tbe state had paid the entire expense of
the railroad cnraisskc. the fees of tbe attor
ney general and of tbe special counsel, and all
wore brer »rpen«es. to obtain an statist sar
jng as Jfttt.OM. ft would have been a great tn,
"Mr. Alexander appeared as cotnwel t n the
snperior eoort. Ba appeared in tbe Valte.l
States ecurt Be argued the case In the United
Mates cnee* and bis ejaneetkm with tbe lltiga
tian was published over and over again in the
; AND ATLANTIC PROFtRTY.
“tn the spring at IM I became satisfied that
a thorough Investigation rbould be made of
property interests of tbe state in connection with
tbe Western and Atlantic railroad, with a view
to see whether any ereroachuient* were betnx
wade apon thia property by corporate interest*,
and en account of a claim made by the South
ern BaMwey company to an Interest in the \V.
ft A. terminals at Chattanooga
/ “It was Impomibl* for tbe attorney general
f * to give the time ii ceesary for thia work. and.
after consultation with the attorney general. I
Mnpluyed Mr. Hooper Alexander to make tbe
» tosaattostieu- I paid him a fee of 1600 aud
tease expenses which be Incurred, amounting to
pewthl n< orer SM?.
I reported this employment of Mr. Alexan.lT
In tbe legislature tn my message of June 24.
LPmE ,
Tbe value of bis work car be seen by any
B sor who will examine tbe elaborate pamphlet
which be prepared, calling attention to various
nroperrv rights of tbe state and tn encroach
wests epos those rights by certain railroads,
end eiao showing rhe Southern Railway eosnponr
And no legal basis for its claim of an interest
IB the -Wnttnnooga terminals
-Rotrs were not foe the encroachments
■ account of tbe decision of the supreme court
tt the state bolding that tbe suite conld not
>e brought pending tbe lease to tbe Nashville
fc sad Cbattknocga railroad, but a record was made
rs the rights of tbe state and the report of
dr Alexander, which I bad printed, will be
«f great permanent vahse.
' ■ “As a result In part of this investigation by
dr. Alexander, my attention was brought to tbe
teet that tbe Nashville and Chattanooga rail
usd company is not paying all tbe taxes which
it owes under its contract of lease to tbe
Bate. . ,rt.
"I employed Meewrs. Alexander and Candler
tn a contingent fee to represent tbe state with
X* attorney general, in a suit to recover these
xuies They will be paid nothing for tbls ser
bi rice unluss they gain the case. If they gain
Ae caw they will not only re. over a large sum
4 money foe the state, but establish a perms
seat liability of the lessees of tbe Western
■nd Atlantic railroad for additional taxes which
|j ' gey must pay annually in tbe fnture.
“As a result of this work by Mr Alexander
• ind further Investtgutlou. I brought to tbe »t
--variou of tbe legislature the fact -.hat in Cbat
wnnngs there are eight acres of land which
cere deeded without authority of law to the
J Naahvtne and Chattanooga railroad by tbe gov
«aer of Getrgte In 1». and which now twlong
M the state and are worth between one and
we minior.s of dollars Tbit property should
recovered by the state unlees tbe statute of
F twitstlon» is held to be a bar to tbe recovery.
••Tbe liability of the lessees of the Nashville
■ad Cbacsnooga railroad to tbe state for tans
I ms existed for yearn. Tbe right of recovery of
fate NashvlUe and < battanooga property bat ex-
COULDN’T FOOL HIM.
Doctor Was Finn and Was Right.
K , Many doctors forbid thetr patients to
drink coffee but the patients still drink it
bn the sly and thus spoil all the doctor's
efforts and keep themselves sick.
Sometimes the doctor makes sure that
the patient is not drinking coffee and
there was a case of that kind in St. Paul,
Where a business man said:
"After a very severe illness last winter
t which almost caused my death, the doc
tor said Postum was the only thing that
I eould drink and he just made me cg&it
eoffee and drink Postum. My illness was
reused by Indlgestldh from the use of
i tea and coffee.
'The state of my stomach wa> so bad
Chat it became terribly inflamed and
dually resulted in a rupture. I had not
drunk Postum very long Iwfore any lost
blood was restored and my stomach was
welt and strong and I have new -been
using Postum for almost a year When
I got' up from bed after thy illness i
ft Mg heft K pounds and new mjr wviftht
• • •
- •There Is no doubt that Postnm was
the cause of th® wonderful improvement.
(‘ shall insier go back to tea or coffee,
bot shall always stick to tbe food drisk
that brought' me • bark to health and
Strength '• '
». Look for. lie llitle book. ’The Road to
WsMvilie ' tn pkg* • 'There s a Reason.'*
. Ever read the tbove letter? A
lew one sppem ' from time to
dine. They are genuine, true, and
full of human interest.
■■
STRAY DOGS TO EDUCATE
CHILDREN OF GEORGIA?
Dogs wUI be luxuries in Georgia IT a* The registration and payment must be
bIU introduced in the legislature by Rep- made not later than March 1, each year,
resentative R. C. Brown, of Henry t One of the most Interesting sections, of
county, posses. The measure provides the bill is that which elucidates the man
ar< annual tax of $2.60 on every canipe ini ner of burial for tagiesw dogs. Tagless
the state that has attained the age of; dogs are of course to be killed, that be
three mouths. Younger than that, they ing the form of punishment chosen for
Will be regarded as children are on trol- their delinquent owners. The constable
toj ears ** required to inter the dead dog
•The fuod thua accruing will be devoted, not less than two feet below the surface
in each county to the maintenance -of the of the earth.
common schools, though a commission of For every such service that he performs
30 per cent is to be deducted as'Compen- the constable will receive the sum of
nation for the constab.es who kill dogsi M cents. In case any person wilfully
on which taxes have not been paid, and* and knowingly secretes his dog to prevent
Ift per cent for the justices of peace who it from being registered or killed, or shall
register the payment of the taxes. resist or oppose a constable engaged in
. It ’is through-the justices of peace, killing, on hunting a , dog. such a - person
rourtsrthat the machinery of the proposed’ the measure provides, shall be liable to
law is to operate. - « ’’ prosecution for a misdemeanor.
"On or by the first day of January of It would appear, therefore, that if the
each year,” reads the bHI. “the ordinary bill passes every de® will have his day
in each county In this state shah fur- In a very literal sense. ■
nish to the justices of the peace of each Mr. Brown thinks that such a measure
militia district in his county a sufficient would safeguard human life, improve the
number of metal tags, one by two inches b:eed of dogs in Georgia, protect game
in sixe, with a slot in each end by which and sheep and above all. would help the
they shall be fastened to a collar and public schools. It is sa.- that in South
on which is to be stamped or engraved Carolina an annual dog tax of 50 cents
the number of said tag and the year in nets the school fund $64,056.36. In \ ir
which it la to be used, one of which shall glnia. a similar tax brings in $90,M0 an
be furnished by said justice of the peace nually for the schools; in Rh ,°^ e M J^ an . d
to each person, firm or corporation for $30,409.87; in New Hampshire. $40,937.66; in
each dog when same is registered and Indiana. $106,889.17, and In Massachusetts,
tax paid.” • ’ 199.527.86. •
latrd for years. The Importance of tbe em
ployment of special counsel to Investigate such
questions, grows out of the fact that tbe at
torney general is constantly at work in his
office with the daily routine, and It la tn<-
puaalble for him, or for any one man, no matter
how able, to give tbe time to auch apeclal mas
tera involving daya and weeka of continued in
veatlgailon together with some absence from the
city.
GEORGIA RAILROAD TAXES.
• During the spring of 1908, 1 employed Mr. |
Alexander, paying him a $250 fee as a retainer,
to prepare <• brief and join with the attorney
feneral tn residing a bill filed by ths lessee*
of tbe Georgia railroad to enjain an execution
issued by tbe comptroller general ifor taxis
agalnat the Georgia Railroad and Banking com
pany. I know Mr. Alexander bad studied the
organisation of the Georgia railroad from th*
fltst ekart or authorizing the const ruction of a I
turnpike, and that no man in the at ate discon
nected with the railroad company waa perhaps
aa f ami Her with all the facta connected with
thia property as Mr. Alexabder.
• This litigation Is of gerat importance. If the
state ean succeed before the supreme court of
tbe United States we should collect several bun
dred thousands of dollars of .back taxes and
■ atabllsh a liability of >40.000 or SBO,OOO annually
In the future by the Georgia railroad for taxes
one the state, borides tavea which will go to
the counties through which it passes.
"That Mr. Alexander was eligible for employ
meat I have no doubt. These were employments
for legal services and do not fall within the pro
vision' of ,the constitution which made a member
of tbe legislature ineligible for an office or ap
pointment.
"He was especially qualified to represent the
state's interests on account of bis familiarity
with the subject-matter, and bls great capacity
for detailed invewtlgatkma.
NKAR BEER TAX.
"1 pursued in these matters tbe same course
that I pursued with reference to tbe near-b-er
tax. 1 employed Mr. Henry Peeples to assist
tbe attorney general in tbe argnnient at the
case when the law waa attacked In Fulton coun
ty. I employed alao counsel in Augusta, <n
Macon. In Columbus and in Athena, and I paid
out about >2.800 for counsel In connection with
the near beer tax. The state collected >227,000
from this tax. and established a periuanpnt
right to collect the tax If tbe legislature deems
tbe tax adiiaable. f
"When the state 'ls Involved in litigation It
should be represented as fully and as ably as
the corporations or interests with which it liti
gates, and as the attorneys of the state will
meet usually two or more able lawyers repre
senting tbe Interests antagonistic to tbe state,
the state should be equally represented. If Ben
Htii or Linton Rtephena were alive and attorney
general, it would still be the sound policy to
pursue.
"In the railroad litigation to which I have
referred practically ali of tbe able raunxid
lawyers of Georgia were representing tbe rath
road rompaniea, as well as o»e of tbe ablest
lawyers in the United Htates from outside of
Georgia. No one lawyer should be expected to
contend alone acainet aueb aa array of counsel.
No one lawyer, if he had given his entire time
to those cases alone, conld bare read the rec
ords and prepared tbe cnaea.
“In tbe near-beer canes there Was litigation
In a number of different cities and a number
of the ablcat lawyers in Georgia were em
ployed agalnat tbe state. No one lawyer. If
be bad given his entire time to this litigation,
would b<ve been able to bare promptly attended
to it.
“I am aware of the faet that those identi
fied with corporate Interests In Georgia have
sought to create the impression that employ
merta of this character tn represent the state
are Improper. They have Bought to prejudice
the people against the expenditure of money
for the protection of tbe rights and Interests
of the people of the state.
"I wish th impress the fact that where Ihe
state has sn Interear it Should be represented
with just aa much force and ability and Just
as completely as the Interests with which the
state contends are represented.”
BALLINGER DENIES
ROW WITH WILSON
SEATTLE. Wash., July 14.—" The idea
seems to have gone forth that I have
clashed with Secretary of Agriculture
Wilson over the forest reserves, but such
Is not the case. I have no quarrel with
Secretary Wilson. My views and those
of Gifford Plnchot, head of the forestry
bureau, which is a part of the depart
ment of agriculture, diverged in the mat
ter of forest reserves. I maintained that
the law should be enforced, and it is
now up to the attorney general for a de
cision.”
Thus declared R. A. Ballinger, secre
tary of the interior, in an Interview last
night. ‘The department of the interior
has charge of all public lands,” he con
tinued. "and does not intend that the
forestry bureau, a part of another depart
ment. shall run the department of the
Interior., . t ,
“By act of congress, forest reserves are
open for mineral, explorations and exp4oi
tation. Mr. Pinchot set aside certain sec
tions of forest reserves which he called
administrative sites and rangers' posts.
He refused positively to allow these to
be opened to mineral exploitation. Among
his ru>s was a laudable one to the ef
fect that some of the mineral sites might
have some valuable waterpower advant
ages. I maintain that the law of con
gress, which throws public lands open
for mineral exploitations applies to these
so-called administrative sites, whether or
not they have waterpower advantages. I
do not think that Mr. Plnehot was acting
within the law in closing such sections of
the reserves. These were the facts of the
differences between the department of
the interior and forestry bureau.” r
SANTA FE TP USE
NEW JAPANESE TIE
CHICAGO. July Is.—Arrangements are
being made by the Atchison, Topeka and
Santa Fe road for a series of experimeuls
with ties which will be watched with
keen interest by all the railroads in the
United-States. . ,
The railroad purchased recently- in Ja
pan a shipment of cocoa bola and Jap
anese oak. which has. just been landed
In California and is now. being prepared,
This wood costs $1.15 a tie. It la said to
be capable of twenty-five to thirty years'
wear, and ie so hard an ordinary spike
cannot be driven • into it. Holes will be
bored and screw spikes will be used.
When laid, the cost of the ties will be
I about $2 each. The shipment contains
| about. 170,000 ties.
#■"> e, ■ ■ •
ROOSEVELT FEELS
PANGS OF THIRST
• NAIVASHA, British East Africa. July
14.—The members of the Roosevelt party
ara active in their search for game in
the vicinity of. .Lake Naivasha. Monday
and Tuesday of this week the party were
on the march from dawn until after
I nightfall. At the end of the first day
I the pool that had been the objective was
| found to have dried up and the party
| had consequently to spend the night in a
I w aterless camp.
THE ATLANTA SEMI-WEEKLY JOURNAL, ATLANTA, GEORGIA, FRIDAY, JULY 16, 1909.
f ' ... - • , t ■ •" .
MORE COLONELS AND
A MAJOR FOR STAFF
Amended so as to enable Governor
Brown's private secretary, A. H. Ulm,
to qualify ns a major, the McCurry bill,
proposing to Increase the number o£
Georgia colonels from thirty to fifty has
been favorably reported by the senate
committee on military
One of the first matters to challenge
the attention of the senate was the Mc-
Curry bill, favorably .reported, providing
for the election of county school commis
sioners by the people. JThe bill was read
a third time and placed on its passage.
The first committee amendment increas
ing the term from two to four years,
was agreed to. 'Senator Jackson, of
the Twenty-first, offered a substitute
for the bill, fixing certain qualifications
.for candidates.
Mr. Jackson discussed his substitute.
He declared it would meet requirements
and stimulate interest in education. Noth
ing, he said has so tended to break down
the school system as incompetent com
missioners. The provision of his substi
tute fixing as a qualification the neces*
aity of a diploma of a reputable institu
tion, or a license from the state school
commissioner. Having neither of these,
the candidate,, to be eligible must make
an average of 85 per cent in an examina
tion.
The substitute was, accepted, and then
the bill, by substitute, was passed.
A resolution by Mr. Callaway, of the
29th, providing that the federal cotton
tax, if refunded, shall be tavided among
the survivors and their descendants of
the Confederate army.
Senator Harrell asked (or the consider
tion of his bill authorizing the mortgag
ing of crops before they are plajited. The
bill waa adversely reported, and Mr. Har
rell's purpose was disagreeing to the re
port.
Mr. McCurry made a speech advocating
disagreement.
Mr. Longley said crop mortgages should
be discouraged, because they virtually
make the merchant the landlord.
Mr. Harrell made a strong appeal for
disagreement to the committee report.
A-fter further discussion, the senate
agreed to the report of the-committee and
the bill was killed.
The following bills were introduced:
By Mr. Harrell—To provide for a board
of tax equilization in each county.
By Mr. McCurry—To prescribe tne man r
ner in which legal, executions shall be
had and to provide that they shall be
private.
By Mr. Patterson—To maxe it a misde
meanor to fail or refuse to make proper
tax returns. ♦
By Mr. Irwin—To create a new charter
for the city of Dawson.
DR. WILLIAM OSLER
IS SIXTY YEARS OLD
BALTIMORE. Md., July 13.--Dr. Wil
liam Osler was slxety years of age yes
terday. He is also hale and hearty, but he
is not in this city.-. / ,
The eminent physician who held that a
man's usefulness was past at forty, and
that he ought to be chloroformed at six
ty, sailed recently for England after a
vacation trip to America.
T. R. Ball, registrar of Johns Hopkins
university, says there was nothing in the
appearance and manner then of Dr. Os
ler that he had any intention of commit
ting suicide.
HILL IS OPTIMISTIC
OVER CROP CONDITIONS
NEW YORK, July 13.—James J. Hill,
chairman of the board of directors of the
Great Northern Railway company, re
turned to New York yesterday from his
Canadian fishing trip, and talked in an
optimistic vein concerning business and
drop conditions.
“There will be good crops,” said Mr.
Hill, “not bumper crops, but good round
yield, comparing well with the average.
“The movement will be larger than
usual, for prices will be higher. The
time for low prices of grain has passed. ’
VETERAN LOSES LIFE IN
THREE FEET OF WATER
MOBII.E. Ala., July 14.—A apeclal to tbe
Item from Bitoxi. Miss., aaya that a deplorable
accident occurred- at the toddlers' Home at
Beauvoir, today when 8. C. W. Stovall,
an azed Confederate veteran, lost Ills life in
three feet of water. Mr. Stovall waa on the
pi-»r when hi« hat blew overboard. Be got Into
the water to get it. and it la believed that b»
suffered a stroke of apoplexy.
Recipe That Cures
Weak Men-Free
' Send Name and Address Today—Y’ou
Can Have It Free and Bo Strong
and Vigorous
I have In my possession a prescription sot
nervous debility, lack of vigor, weakened man
hood. falling in memory and lame hack, brought
on by excesses, unnatural drains or tbe tollies
ot youth, that has cured ao many worn and
nervous men right in (heir own homes—with
obt any additional help or medicine—that 1
tbWlk every man who wishes to regain hla
manly power and vitality, quickly and quietly,
should have a copy. 80. I have determined to
eebd a copy of tbe prescription, free ot charge,
in a plain, ordinary sealed envelope, to any
man who will write me for it.
This prescription comes from a pbyalclaq who
uae made a apeclal atudy Os men. and 1 am
convinced It la the eureet-aeting combination
tor the cure of deficient manhood and ilgot
! failure ever put together.
1 J think 1 owe it to iny fellow man to send
1 them a copy in confidence, so that any man,
' anywuere wbo la weak and discouraged with
repeated failures, may stop drugging himself
with Eaituful patent medicines, secure what,
' l believe, is tbe quiches -acting, restorative,
upbuilding, Bl*<>T T<»('< lIiNG remedy ever de
. vised, aud so. cure blmaelf at Dome quietly
I »nd quickly. Just drop me a Hue like tbls:
Dr. A. E. Robinson. 3'71 Luck Bldg . Detroit.
Mich., sad 1 will send you a copy of thia
I splendid recipe, m a plain, ordinary sealed an
telope, free ut cbarav.
HOUSE WON'T VOTE
FDD HIGHER WAGES
Turns Down Bill to Increase Sala
ries of Supi-eme Court Stenog
raphers—Asks President for
More Consuls From South.
Mr. Hardeman qf*' Jefferson, when the
house of representatives . convened Tues
day-morning. requested leave of absence 1
for . the housA • members of the McLen-l
dvn legislative InvesfUgat Ing committee. I
Mr. Wright ,qf-Floyd, introduced • res
olution providing for a joint committee
ot twoc' from the house and one from the
senate, to investigate the advisability and
cost of improving tbe state's property
i or. the right of way of the W. and A. i
railroad in the z heart of Atlahta and
report to the next session. The resolution
was referred to the opmmlttee on W. and
A railroad, over the objection of Mr.
Anderson of Chatham. who believed that
it should go to the committee on public
property.
• On motion of Mr. Johnson of Bartow,;
the bill to exetnpt certain farm products
from taxation *wds takerr from the eom
mittee on constitutional amendments and;
referred to the coniittee on general ag
riculture.
HOUSE EXPRESSES SYMPATHY.
Resolutions introduced by Mr. McCurry
of Hart, and Boyd of Spalding. were,
adopted, expressing the sympathy of the'
house to representative D. 8. McArthur of i
Montgomery, upon the death of his in- 1
fant child.
The senate, in a message, notified the:
house of its concurrence in the following
house resolutions, which are now effect-1
ive:
To intfte Luther Burbank, of Santa
Rosa, Cal.,'to include the cotton plant in;
his experiments. • ’
To direct the state’s representatives in |
congress to support measures requiring,
the collection of statistics by the nation-)
al government upon cotton in warehouses |
such as now collected upon future cotton
•Crops, so that the farmer may stand at
equal advantage with-the buyer of cotton
To authorize certain minor changes in
tne inscription on the Oglethorpe monu
ment at Savannah.
NEW BILLS INTRODUCED.
A number of new bills were introduced
and read .the first ’time. Others were
taken up for third reading and passage.
On the measure of Messrs. Roberts,
McMichael, Sheppard and Hardeman, to
fix the salaries Os stenographers of su
preme court justices at not more than
$2,000, require them to be lawyers, and |
designate them as law secretaries, was
almost lost by th6 viva voce vote before
Ms friends could call for a division. Sav
ing the bill by that call, at least tempora
rily, they Immediately set about convert
ing the house majority to their view ot
its importance. Those who spoke, and
each of whom was frequently challenged,
were Messrs. McMichael of Marion, Rob
erts of Dodge. Hoard of Dooly (against),
and Sheppard of Sumter. The previous
question was called and sustained. The 1
101 l was called for the aye and nay vote
on agreeing to the report of the commit
tee, which had unanimously recommend
ed the passage of the bill. The vote on
this preliminary question was 63 ayes and
103 nays. The repdrt of the committee
was therefore rejected, and the bill was
lost. i>'»
/ MOjlE SOUTHERN CONSULS.
Another running fight came up on the
senate resolution to memorialize the na
tional admlnistriitloh f<n y the appointment
of more consults '■'from the south, that
the cotton of this section may
be more intimately represented abroad.
Mr. Hardman of Jackson spoke for the
resolution. Mr. Persons of Monroe oppos
ed If, designating it an attempt at "boot
licking,” and declaring himself for the
principle that "to the victor belong the
spoils.” Mr. Middlebrooks of Newton op
posed It. The previous question, called and
sustained, cut short further debate. A
motion to table the resolution was lost.
The house adopted the resolution s
amendments and concured with the sen
ate in the resolution b}- a vote of 66 to
39.
Several senate bills and resolutions were
read for the first time, and at 12:10 o'clock
the house adjourned.
NATIONALISTS KILL
TWELVE SOLDIERS
LONDON, July 14.—A dispatch to the
Times from Teheran, says that soldiers
at the gates and some at the guard hous
es. showed fight before taking to flight.
When the nationalists entered twelve of
them were killed. There were qaaualties
also on the nationalist side.
A great deal of desultory firing occur
red throughout the day in the streets. The
leaders of the invading forces declare
that they will remain on the defensive un
less attacked.
The sultan. It Is understood. Is still at
Sultanahabad, although it is believed
that he will seek- refuge in the Russian
legation.
The lighting in tbe streets of Teheran
that has been going on more or less**on
tinually since the nationalist forces made
their entry into the capital yesterday
morning, became more serious at mid
night when the •f’Ursian Cossacks opened
a heavy artillery fire on the nationalists,
who at that hoyr.attempted to rush the
Cossack's position from the north and
east. The nationalists succeeded in occu
pying a garden close to the house of
Colonel Liakhoff. the military commander
of Teheran, where they are now being
shelled by the Cossacks.
Rifle and artillery Are has been prac
tically continuous since yesterday morn
ing. Soldiers of the shah from Sultana
bad Lave approached to within three
miles of the city, and are now shell
ing Bakaristan; the quarter of the city
where the parliament building Is situat
ed. It ia reported this morning that the
shah’s troops are endeavoring to enter the
city by one of the northern gates.
Schahdar and fiadarassad. the national
ist leaders, have just transmitted the fol
lowing message to the British and Rus
sian diplomatic representatives.
"In spite of the fact that the Russian
flag is flying over the house of Colonel
Liakhoff, nationalist forces are being flred
on by Persian Cossacks stationed under
the roof of this house.” ' ',
WIVESMUSTNOT
FORGIVE HUSBANDS
NEW ORLEANS. La.. July 14—You
mustn’t make a complaint against your
husband unless you really want him to
go to prison. Buch is the dictate ot Re
corder Charles Gauthreaux. as
here yesterday, when a wife refused to
prosecute Jher husband, after preferring
an affidavit of assault against "In |
I the future, when a woman asks the police
to arrest her husband and then refuses
to give testimony against him, I intend
to fine her for contempt,” Recorder Gau
threaux said. A few days ago he sen
tenced a man to two days in prison for
refusing to prosecute his son-in-law whom
he had declared had assaulted him.
""" " IT TOXT APFBMCIATE .l
KIME WHISKEY
Writ* us prompt!}* and thereby pises ..
yourself in position to receiss .
Free es Cost a Full Quart
at tbs bs«t straight whiskey made.
SECT.'Rm CO., m - Water St.. CHICAGO I
Name •'
Address I
TAFT IN WHITE HOUSE
IS A “SUMMER BACHELOR"
WITH HIS FAMILY AWAY
(By Aasoclatnd Frees. ■ <
WASHINGTON, July 13.—President
Taft, the summer ”baqhelor” of the white
house, is sharing the fate of many' other
government officials and Washington res
idents whose families have gone away to
mountains or seashore. The president is
taking the situation philosophically, and
does not seem greatly to mind the hot
wea'her, and is reading daily with great
delight letters from Beverly, which tell
'of the rapid improvement in Mrs. Taft's
' i health.
j Living bachelor fashion at the white
(house is not fraught wtfh the aame dis
comforts that beset the mere man who
,haß his home “dOffed up' on■ him’,”"when
hta wife goes 'away and is-impelled to
) seek food- and lodgings as best he may.'
' The president and Mrs. Taft divided the
White house "help" when thfe occupancy
lof the Beverly cottage was begun, so the
’ president is Well taken care of, and do
. mestic affairs at the #h!te house run on
much the same. I
TAFT HAS "SECOND COOK.”
? The president, allowed Mrs.
iTaft to take the "first cook" to Beverly,
while he makes himself content with the
I‘'second cook.” The second cook is a
(legacy from ths Roosevelt administration,
a negro girl named Jdary, who hails from
old Virginia arid whose -sway over the
white house kitchens now is complete
Mary has few peers as a cook. The pres
ident is« entertaining many luncheon and
dinner guests during his bachelor days,
and the second cook is providing menus
i ===================
TEHERAN IN HANDS
OF PERSIAN REBELS
, TEHERAN, Persia. July 13.—One thou
sand nationalists entered Teheran at $
' o'clock this morning. They came In by
, three gates and the entire northern sec
i tion of the elty was sobn in their hands.
There has been some fighting in the
' streets, but as a general thing the na
i tionalists are preserving excellent order.
They are sending out patrols through the
city.
SHAH READY TO FLY.
The shah Is expectsd momentarily to
take refuge In one of the foreign lega
tions.
The royalist troops, particularly the
Cossacks, have taken up a position in
the central square and surrounding
streets and it is believed the national
ists will attack their position in full force
if they do not surrender.
The safety of the foreigners does not
appear, at this writing, to be seriously
threatened, z *
Sipahadar and Sardahasad, the nation-
I alist leaders, are in possession of the par
liament building. A body of local na
tionalists under the leadership of young
Seved, have taken possession of the resi
dence of Saad-Ed-Dowleh, the foreign
minister.
Many of the royal soldiers including
a number of Cossacks, have deserted to
the nationalists. ,
PEOPLE CHEER REBELS.
The populace of the city is enthusiastic
over the advance of the national forces.
They throng the streets wearing red
badges and offering encouragement to
the revolutionary soldiers.
There was a sharp outbreak of rifle fire
this morning near the British legation,
but it did not last long and the casual
ties among the nationalists were slight.
The nationalists are in possession of the
central offices of the Persian internal tel
egraph system. The Indo-European tele
graph line, the outlet to London, is still
working, .but with difficulty.
Royalists and nationalists are fighting
Tn the square in front of the offices of
the company, which are under fire.
LONG RANGE FIGHTING.
The fighting in the streets continued
until past noon, but it was mastly at
long range, desultory and neither, very
destructive nor decisive. There has been
no attempts to interfere with any of
the legations or the British or Russian
banks, and the lives and property of
Americans and Europeans were not in
danger.
The Russian flag was fylng from the
house of Colonel Liakhoff, the military
commander at Teheran, where- Mme.
Liakhoff courageously perisists in remain
ing.
The house is close to the square, where
the Cossacks weft opposing the advance
of the Nationalists, and both it and the
flag were exposed to the bullets of the
combatants.
HOUSE WILL INSIST
ON “DOLLAR LUMBER”
WASHINGTON, July 13.—When the
conferees on the tariff bill began work
today it Van with the knowledge that
. the amendments to the lumber sched
. ule, over which a contest was certain,
■ would be reached before adjournment.
, The house members were expected to
make a strong fight for “dollar lumber,”
which was defeated in the senate.
[ In view of the fact that the lumber
amendment will require a great deal
of deliberation, it is likely that after
the discussion has continued for a time,
the whole subject will be put over until
another day and the conferees will dis
pose of minor amendments.
Members Os the senate committee on
finance are preparing a statement, re
plying to charges that senate amend
ments to tbe tariff will result in in
creasing the cost of woolen and cotton
clothing, shoes and other articles or
common #ear, as well as Other necessi
ties of lite.
WILL SHOW CHANGES.
The statement will show that the
duty on shoes has been reduced and
that there has not been a single change
in the rates on woolen goods and taht
the rates on cotton have not been In
creased. . * zzm
, There will follow a list of about 500
decreases in rates from the Dingley du
ties and a list of about sixty or seventy
five Increases. An effort will be made
to show that most of the latter are not
in reality increases of rates, but that
they provide for the collection of the
rates fixed by the Dingley' laW, which
had been set aside by the misinterpreta
tion of that law.
The recess was taken by the conferees
at 2:10 p. m. for luncheon. The first read
ing of the bill for the consideration' of
amendments had proceeded about half
way through the flax or linen schedule.
Practically all of the disputed amend
ments were passed over. The cotton
schedule was not taken up.
INDIANS IN CANADA
MURDER A FAMILY
OTTAWA, Ont;, July 14.—The bodies of
J. W.. Christie, a grain buyer, his wife
and their daughter, Mildred Canadians,
reached Montreal yesterday to be taken
I to St. Stephen. N. B-, for interment. They
were murdered by Indians. '
The family had settled at Rudolph,
Brown county. South Dakota. Their
farm was attacked by the Indians, who
had a grievance against Chrsftie because
he had not paid them the Chicago mar
ket price for wheat.
The mother and daughter were shot
dead and when the father attempted to
F defend them he was killed with an axe.
Cargo of Parrots.
f MOBILE, Ala., July 13.—The British
' steamer Corinto arrived here last night
from Neuva Gerona. Isle of Pines,
bringing a cargo of 3,900 parrots, destined
. for Philadelphia and New York. This ts
' the first cargo of its kind ever brought
•to this port.
which few imported chefs could hope to
equal. ' 1 '
The president has happily solved the
problem of disposing of the long eVenirigs
by taking long automobile rides about
the city and suburbs. He usually starts ■
out in these trips about 9:60 o’clock* j
turning to the white house* at H 6t af
terward. Capt. Archibald Butt, ,‘the presi
dent’* aide, is always’ his companion on
these journeys an& usually the president
telephones an invitation to some cabinet
officer, senator or representative, and
stops at the letter’s house or club to
pick him up. ...
WORKS WITH DUMB BELL'S. ’ >
’ Arising at about* V o*A6pk'the' presMeilt
devotes nearly an hour witn'dumb bells,
pulley weights and other fdrms tof exer
cise prescribed for him. He breakfasts
slowly and usually alpne. although dur
ing the past day of two he has had a
guest from among the tariff conferees.
During his morning meat and flor half
an hour or so afterward, the president
reads the newspaper. Between 9:30 and 10
o’clock he begins his busy day in the
executive offices. At 11:30 comes lundheon
at the white house, always with some in
vited guest for company.
The afternoon is devoted to golf, for
the president hopes to play every after
noon that he remains in
Dinner always finds guests assembled,
and usually it is an informal and delight
ful meal which begins a little after 7
o’clock and continues for an hour and a
half.
MANY BILLS ARE .
PASSED BY SENATE
Biennial sessions of the general as
sembly are a probability of the future
ia Georgia. The senate eomanitt.ee on
constitutional amendments . Wednesday
reported a» bill proposing such
an amendment to the constitution. Should
the measure pass the general assembly,
it will .be submitted to the people for
ratification at the next general election.
The house resolution, authorizing the
governor to borrow $2,000,000 to meet
casual deficiencies in the treasury, was
also favorably reported by the finance
committee. The senate will concur in the
resolution Thursday.
Two new bills were introduced, as fol
lows: ’ '
By Mr. Price —To amend the constitu
tion, authorizing the general assembly to
abolish the office of county treasurer.
By Mr. Harrell—To increase the maxi
mum penalty for bigamy from four to
twenty years.
The Morris bill. Introduced at' the re
quest of the retail- merchants of Augusta,
to prevent the giving of trading stamps
to Induce trade, was read a third time by
substitute, and placed on its passage.
Mr. Morris explained the object of the
bill as proposing to outlaw the trading
stamp companies, -which, he said, have
been termed parasites, preying on legiti
mate business.
The bill was passed by a vote of 28 to 8.
ON BEHALF OF WOMEN.
The McCprry bill making it a penal
offense td utter any false and defamatory
remarks about women was read a third
time. Mr. Griffith doubted the wisdom of
the bill, as having a tendency to restrain
free speech.
After prolonged disciirsion the bill was
passed by a vote of 30 to 1
OTHER BILLS PASSED.
The bill by Mr. Harrell relative to su
persedeas in inferior courts was passed.
The senate passed the bill of Mr. Akin,
authorizing Qlynn county* to issue SIOO,OOO
of bonds to improve roads.
' The Day bHI to give criminal court
judges the right to suspend Sentences in
misdemeanOF case*, on recommendation
of the Jury, was passed.
The bill by Mr. Griffith, providing for
amendment of code relative to written
waivers in lunacy cases was passed.
Mr. Griffith’s bill to make it an offense
to have a deadly weapon at public places
and gatherings was passed.
BRYAN ASKS TAFT
TO FAVOR PEOPLE
LINCOLN, Neb., July IX—William J.
Bryan today addressed a letter to Presi
dent Taft asking him to allow the people
to vote on popular election of senators.
Mr. Bryan says:
“President Taft:
“Now that the states are go
ing to vote bn the ratification
of the amendment specifically au
thorizing an income tax, why not give
them a chance to vote on an amendment
providing for the election of United
States senators by popular vote? In your
speech of acceptance you said that you
were personally inclined to favor such a
change in the constitution. . .
"Would this not be an opportune time
to present the subject to congress? Two
constitutional amendments, one authoriz-i
ing income tax and the other providing
for the popular election of senators would
make your adminisration memorable,
and I pledge you whatever assistance 1
can render in securing the ratification of ?
these amendments.
"With great refepect, I am, yours truly,
"WILLIAM JENNINGS BRYAN.”
sundatFfunerals are
f BARRED IN PENVER
DENVER, Colo., July 14.—Hereafter-nO
Sunday funerals will be held hi Denver
unless orders are issued by the board
of health making them necessary in par
ticular cases.
This was decided yesterday when an
agreement was signed by 43 ministers,
21 undertaking firms and the two prin
cipal cemeteries of the xlty.
- —b - reA WWW •. •--< -* ' •fa , * .• A
'
The Same Methods but a Different Town
—Il , syw, qu.mi I
On and after July Iftt, th« only Roae »tore will be located ia
Jacksonville, Fla.
The R. M. Roea Company haa in Jacksonville one of the beat
appointed establishments in the country.
The Rose (Company has conducted a high-class liquor but in ess
. for nearly fifty years, and this method wUI prevail.
ABSOLUTELY PURfi THE FAMOUS RESTORATIVE
Rose’s Medicinal Malt Whiskey Rose’s Medicinal Tom Gin keeps
bone brand en whose purify you the syrtem in pink of condition. If.
j -Ij constant use will brace you up »ur
can rely. It is mellow and mild. prisingly. Gin regulates the organs
You will find Rose’s Medicinal Malt o f the human body, nnd Ma-ilanal
agreeable, pleaaant and beneficial. Gin acta aa a restorative and tonic.
FOUR BOTTLES, Expresa Paid... 53.00 FOUR BOTTLES, Exprew Paid... S 3 JIB
EACH BOTTLE CONTAINS ONE-FIFTH GALLON
"Arik the Revenue Officer’*
R. M. ROSE COMPANY
(INCORPORATED)
( Competed of old Employees of Randolph Rose)
925-27 W. Bay Street Jacksonville, Fla.
e * * a
1
HOUSE WON’T RAISE *
ANYBOOfS SALARY
Turns Down Bill to Give Tax Re
ceivers Same Pay as Collectors.
Steers Shy of Fooling With
Near-Beer Money.
-f. ■
Once more did the house refuse to mise
anybody’s pay, Wednesday morning. Not
only did the legislators of the lower
house soak the supreme court Stenog
raphers’ increase bill, when Mr.’ Bar»-
rett' of Stephens, urged its consideration;«
but it werit furtheh and likewine biffed'
the McMahori"(of Clarke) measure to giv®' M
ccunty tax receivers the same comm ssion\
as county tax collectors. • \ J
And the 1909-10 house is a wary body, re
It's conservative. It refused to have any
thing to do offhand with the Huie (of
Clayton) bill to put the near-beer taxes
in the state school fund. It laid that
matter on the table, and won’t act on tU
probably till the ways and. means com--
mittee. Instead of the education commit-’
tee, tells it to go ahead.
Routine of no unusual nature marked
the opening of the Wednesday's session'
of the lower house. A message from the
senate regarding bills passed, several new *
bills, some committee reports, etc., oc-'
cupied the house for the first haljf hour.
Mr. Barrett of Stephens .moved that
the house reconsider Its action of Tues- ’
day m disagreeing with the report of
the committee which was favorable to the
passage of the bill increasing the salaries
of supreme court stenographers.
Mr. Barrett explained that he ' had
learned that a great many riiembers had”
considered the bill a piece of class leg
islation in that R required the stenogra
phers to be lawyers, and had therefpre •
voted agalst it. The framers of the bill
were willing, he said, to reiupve t,he ’
jectionablefeature and let the $2,000 sal
ary stand.
NO RAISE CAN STAND. ?
Mr. Heard of Dooly spoke againit re
consideration, and so did Mr. Moss of 4
Cobb. The motion to reconsider waa lost
-30 to 102.
Reports of standing committees, read
next, brought back to the house a num
ber of measures recommended for past
age.
The bill by Messrs. Tippins of Ap
pling and Maclntyre of Thomas, to pro
vide the method by which loeal districts 1
having taxation for public schools may’
do away with said taxation, amended by'
the committee on education to read that
a loeal school system, once in force, shall
not be changed for three years, was en-■
acted by a vote of 107 to 4. Mr. McMichael
of Marion spoke for the bill. Mr. Porter •
of Floyd contended that tbe test period
should be one year instead of three. An •
amendment by Mr. Price of Bartow, pro
viding that it should be two years, waz •
voted down.
The bill by Mr. Lewis of Hancock, to
permit justice court juries to assess the
punishment in criminal cases, was voted
down after a brief debate. The nays were.
104; the ayes were 21. Mr. Lewis spoke*
for his bill. Mr. Ault of Polk opposed it.
NO INCREASE FOR ANYBODY. , ; .
Another debate was stirred on the thft*
bill of Mr. McMahon of Clarke,‘reborn
mended by the committee for. passage by *
substitute, to make the commissions aC;
county tax receivers equal in amount to
those of county tax collectors. Mr. Me-'
Mahon spoke for his bill. Mr. Brinson of,
Decatur favored it. Mr. Edwards of Wa*-'
ker opposed it, as did also Mr. Elder o£
Oconee. The house voted down the
stitute and refused the report of coqp-' a
mittee., killing the bill. ~ . ■
The vital question ol what the state :
should do with the riear-beer fund, now
well accumulated in the treasury, orig
inally intended for the purchase and
equipment ot a state penitentiary farm,
but apparently destined to lie idle un
less something else is done with it, came
up with full force in the bill of Mr,
Huie of Clayton, to give it to the schools
of the state.
Mr. Barrett of Stephens doubted the
effectiveness of the bill. There was a
constitutional question involved, he said.
Under the constittuion, the school fund
shall be just so much. Add the near
beer fund to it, and it will still be so
much and no more.
MR. HUIE EXPLAINS."
Mr. Huie explained the intent of the
bill. .
"We don’t need the money for any bet
terment of the state’s present method of
caring for the convicts,” he declared. "It
is a question of what shall we do with
it—whether It shall go to the general
fund or to the school fund.” .
Mr. Huie declared that near-beer is
brewed from malt, “as everybody knows,"
and it’s a liquid; therefore it’s -a malt
liquor and properly belongs to the educa
tional fund.
Mr. Reid of Campbell, author of an
other bill to dispose of the near-beer mon
ey, counseled delay and careful proced
ure, as any hasty amendment by the as
sembly of the law passed at the special
session might seriously affect that law ia
the courts. . .
Mr. Middlebrooks of Newton spoke in
favor of the bill.
Mr. Anderson of Chatham said:*"With
all deference to the committee on edu
cation. It is not one of the functions ot
that committee to provide revenues for
any of the state departments. That func
tion belongs to the ways and means com
mittee.” f
BILL WAS TABLED.
Mr. MacFarland of Mclntosh movel
that the bill be tabled. This was done.
The house evidently will be slow and
sure before it tampers with the near-beer *
fund.
Several more new bills and resolutions
were read by unanimous consent.