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VOL. XI.
MORE FREEDOM FOR
COURT-RULED LMD.
ROOSEVELT PLEADS
Unfit to Be Called Free People
if We Surrender Right to
Shape Our Destinies to Judi
ciary, is His Opinion
NEW YORK. Jan. 5,-Tbeodore Roose
velt gfiscussee "Judges and Progress” in
•a editorial appearing in tha current
issue of the Outlook. He says in part:
•Let me, at the outset, put so clearly
that only wilful misinterpretation can
deceive people. Just what my position
as to the courts is. I have the very
highest regard, the highest respect and
admiration for the judiciary. As a whole.
I think that our Judicial officers sUnd
on a higher level than any other body
of public servants, or for the matter of
that, of private citizens. I could name
offhand at this moment a number of
Judges now en the bench who render
to the people more substantial service
of more far-reaching value than is ren
dered by any men in public or private
life—and all of these Judges substantial
ly agree with the position herein taken,
which, indeed. »s largely derived from
them. I believe the courts have ren
our people incalculable services.
I hold that the attitude of our people
toward them should lw one of apprecia
tion and respect; but not of servility.
•w • • I most emphatically believe
that we have been wise In giving great
power to our Judges, including this pow
er of judicial interpretation of statutes
to see whether they conform with the
fundamental law of the land. But I
also most firmly, believe that, like any
<4her power, this power can be abused,
and that it is a power with which the
people have merely temporarily parted,
and not on one which they have perma
nently alienated, feed cautiously and
moderately and only in the clearest
cases as it has been used by our great- I
eat judges ft jm the days of Marshall |
to the Present time, aa It is defended
by* w ewers ouch as Mr. Thayer, it is
fraught with the utmost good to the body |
politic. Used recklessly, wantonly and
foolishly, where the case is so doubt
ful that the judges themselves may be
divided nearly equally on the two sides
On the bakeshop decision first and last. |
U judges held the law constitutional
and only TO including, however, unfortu
nately. 5 of the # supreme court judges,
held it unconstitutional? as it has again
and again been used tn recent years, it
results fa very greet evil.
PEOPLE CAN’T ACT.
“ „ I am not speaking of
the judges’ performance of the ordinary
judicial wunetton a» performed by judges
tn al! lands, the function of' the type
which people all over the world have
in mind when they speak of the upright
ness of the Judge, of the independence
of the Judiciary. I am speaking of the
■peculiar function of the American 'udge,
rhe function of no other jidge in the
world, the function of dedartng whether
or not the people have the right to make
laws lor' themselves on matters which
:hey deem of vital concern. I am not
prob fay of the Judge m his attitude
of Judge between one individual and
another, or one Individual and the state;
I am speaking of the judge when, by
virtue of. his position, he deciares that
the people as a whole have or have not
the right to carry out a given policy, a
power- which may give one man or three
men or five men The right to nulllftf
the wishes of the enormous majority
of their ».«»•>» fellow citizens, a power
which has been exercised repeatedly,
sometimes wisely, sometimes very un
wisely. Bear in mind that I am not at
this time even referring to decisions
dealing with tha question o* the respec
tive spherm of action of nation and
state; I have in mind decisions* which
declare the people themselves have no
power to act. through either the nation
al or the state governments.
BLOW TO DECENCY.
During the last 25 years the courts
here in New York helped, I am sorry
to say. once or twice the supreme court
of the nation, have thrown what at
times have proved wellnlgh or altogeth
er insurmountable obstacles in the path
of needed social reforms. I have al
ready alluded to the decision of the
New York court which forbade the peo
ple of New York through their legisla
ture to interfere with certain kinds of
tenement house fac&ries. Almost with
out exception every intelligent social
worker whom I have ever met. every
man really interested in the betterent |
of social and industrial conditions among
our working people, tn giving better
homes to the working people in great
cities, and tn giving better conditions
of L-toor to them when they are at la
bor—almost without exception every cne
qualified to judge on these matters has
agreed that this decision was a blow to
decent cttlsenship. a blow to the effort
to achieve genuine reform, genuine bet
terment of social conditions, of so sev-1
vere a ratuie that its mischievous af
fects can hardly be overestimated. 1,
have no doubt that the men making the
decision were upright men of high char
acter; but they did as much damage
as tbe worst legislative body, actuated
by the worst motives could possibly
have done.
“CONSTITUTION VIOLATED."
■•••••••♦ J hold, not the
courts in these matters have usurped,
or at least exercised in wholly wrong
fashion, a right clearly abiding in the
people, but that they have restrained to
the utmost land, indeed, in my judg
ment violated) constitution in order to
sustain a do-nothing philosophy which
has everywhere completely broken
down when applied to the actual con
ditions of modern life. These good
judges, these upright and well-meaning
men. who champion an outworn phil
osophy, do not realize that the changed
conditions mean changed needs ana
that the tremendous social problem of
today cannot be solved by methods
adequate to meet the infinitely simpler
problems offered by industrial and so
cial life a century ago.
-•••••••• When I was president, the
man to whom I owed most for guidance
as to the proper attitude that courts
should take tn matters such as these
justice of the eupreme court who dur
ing his lamentably short term of ser
vice gave promise of being one of the i
greatest who ever sat on that court.
It was he wbd called my attention to
the first essay in Professor Thayer’s '
book of ’legal essays’ on ’the origin I
and scope of the American doctrine ot j
constitutional law/ Nowhere else is |
there a clearer statement both of the |
advantage of conferring upon the |
courts the power that they possess un
der our system and also of the further !
fact that unless that power is wisely j
exercised R must inevitably be re
strained. It is, I believe, an advantage !
to have fixed in tbe court the power
|
■GROIN WILSON SEEMS
STRONGEST DEMOCRAT
Even Governor’s Enemies Con
cede That He May Get
Nomination
■T XAUI nCXTM.
(Special Dttspatch to The Journal.)
WASHINGTON, Jan. 8.-That Wood
row Wilson is far and away the strong
est candidate In the field for the Demo
cratic presidential nomination has been
made clearly manifest by the develop
ments attendant upon the meeting of the
national committee in Washington to
day. It is conceded even by the men
who are fighting Wilson hardest, that he
I would probably win the nomination if
the convention were held this week, and
their only hope is to check the growth
of his ooom by politics between now
and the convention.
The Joline letter, which was calcu
lated to damage the Jersey governor, has
fallen flat. Wilson’s friends are not
deeply concerned about its publication
and Bryan himself has added to their
relief by a statement given out last
night. He said. "The publication of the
Joline letter is calculated to help Wil
son with the people who are interested
in its circulation.”
Further than this he would not com
ment on the letter, nor would he dis
cuss presidential possibilities. His re
mark is regarded as highly significant,
however. It Is taken to mean that he
feels no resentment toward Wilson as a
result of the letter. The JoHne letter,
as was Indicated in the dispatches Satur
day night, is said to have been written
to Woodrow Wilson by Adrain H. Joline,
of New York, in 1905. following Alton
B. Parker's defeat for the presidency.
In this letter Governor Wilson is re
ported to have said: "Cannot we devise
some dignified way of getting Mr. Bryan
out of the Democratic party and getting
rid of him for all time?” Tne purpose
of making the letter public at this time
(was manifestly to offend Mr. Byran and
his followers in the Democratic party.
its publication was timed to fit with
■ the meeting of the National Democratic
1 committee when the country would be
, watching for developments. The Wilson
' boomers in Washington are planning to
; give him a royal time here today and
lat the Jackson day dinner tonight.
I He arrived in the city shortly after
j U o’clock and went directly to the New
j Willard hotel, where W. F. McCombs,
of New York, is in charge of his head
quarters. There he will remain through
out the day conferring with friends from
different parts of the country about the
progress of his candidacy. He will not
go near to the meeting of the Demo
cratic national committee, but will be
closely advised concerning its workings.
I It was learned today that about $22,-
. OQP has been expended promoting the
.candidacy of Governor Wilson. This
! money has been expended legitimately
principally for purposes of publicity, the
maintenance of a press bureau and a
’campaign headquarters Tn York
! city
The money, it La stated, has been sub-
I scribed by graduates of Princeton uni
| versify, with which the Jersey governor
I was Identified for so many years. The
I largest single subscription was for
I $5,000, and the other money came from
’’subscriptions ranging from $5,000 to
SIO,OOO. It is added that all the money
neoessary to continue the fight until the
date of the convention will be forth
coming. r
Clark Howell, national committeeman
from Georgia, reached Washington yes
terday.” He submitted an Interview for a
local afternoon newspaper, and went on
record as favoring a southern man for
' I the Democratic nomination.
to state that a legislative active is un
constitutional; but only provided that
the power is exercised with the great
courts continue to use it with the reck
eet wisdom and self-restraint. If tne
lessness that Jias too often been shown
in the past, it is almost inevitable that
efforts will be made to amend or abol
ish it. I know, for instance, that, as
far as I am personally concerned, I
earnestly hope to see in the next New
York state constitutional convention
provisions incorporated in the consti
tution which will enable the people to
decide for themselves, by popular bal
lot after due deliberation, finally ana
without appeal, what the law of the
land shall be In cases such as those
I have mentioned, where the courts of
the state have refused to allow the
people to establish justice and Mdlty.
-•••••• j am aur. that ultimately
our people must, and will, come to the
view that the nation and the states
within their several spheres—spheres
which must cover every particle of the
ground where it is possible for govern
ment to act at all—-have, not only the
right but the duty to decide as wis
dom and experience shall dictate as to
all the conditions which shall obtain
in tenement houses, tn factories, in
mines, on railways for preserving men,
women apd children In health, life and
limb.
LET PEOPLE DECIDE.
If they so decide and are really bent
upon having the decision reduced to
practice, the courts will sooner or later,
in one way or another be forced to give
it effect. It is idle to say that the people
as a whole have not the right to decide
for themselves on such a matter of gov
ernmental policy. It is In no shape or
way one Os the few questions where the
public servants of the people have the
right and where it is their duty to go
counter to the wishes of the people. I do
not mean that there are no such cases,
on the contrary, I hold that not only
the judge but the legislator or executive,
may at times find that his highest duty
to the people is to resist the will of the
people if some question of real or vital
principle, of right or wrong, is at stake.
But his usefulness In standing ruggedly
for his own convictions in such case*
where the moral law- Is at stake will
largely depend upon his not having re
fused to represent the popular will when
tbe people had a /ight to have their will
respected.
•••••• «No public servant who is
‘ worth his salt should hesitate to stand
Iby his conscience and, if necessary to
I surrender his office rather than to yield
I his conscientious convictions tn a case of
genuine importance.
“But while that is his right and his
! duty, our right and our duty is to see
' that he is responsible to us, to the peo
j pie; and I hold with Abraham Lincoln
i that we are unfit to be called a free
I people if we permanently surrender the
: right to shape our destinies and place
! this right in the hands of any men not
j responsible to us.
! “One word in closing. What I have ad
> vocated is not revolution. It is not mild
I radicalism. It is highest and wisest
kind of conservatism.**
I
ATTjANTA, GEORGIA. TUESDAY, JANUARY 9, 1912.
CHINESE RAILROADS
MUST BE KEPT OPEN
SAY WORLD PDIAIERS
British, German, Japanese
and French Troops Take
Charge of Railroad--England
Guards Space Allotted U. S.
PEKING, Jan. 6. —The treaty powers
have undertaken the protection of the
railroad between Peking and the sea.
Interruption of traffic along this line
which has prevented the passage of tne
mails for four days has resulted In tms
decision. Detachments of British, Ger- ■
man, Japanese and French troops have
been stationed at intervals between Pe
king and Chin Wang Tao, according to
the plan devised two months ago. A
Japanese general ia in command as he
is the ranking officer.
The respective nations assume charge
of the different sections of the roae,
Great Britain taking care of the section
between Peking and Yang Tsun; France
between Yang Tsun and Tang Ku; 1 Ger
many, Tang Ku to Tang Shan, tne |
United States, Tang Shan to Lanchow,
and Japan from Lanchow to Chin Wang
Tao. The United States, however, has
no troops in North China except 300 le
gation guards and has been unable to
assume responsibility for the section
allotted to it but British- troops are
protecting that district until Americans
arrive.
Just when additional American troops
will reach China Is not known althougn
Minister Calhoun cabled several days
ago to the state department at Wasn
ington advising the dispatch of a regi
ment on a peace footing. He has receiv
ed no reply.,
It is announced tonight that the
tracks have been repaired and mails
are coming through but a similar state
ment has been made by the Chinese
foreign board several times before wltn
out basis of fact.
‘ The foreign detachments number 150
to 300 men, according to the distance
controlled. The British guard has 55
miles of territory to cover. This is tnj
longest sectton. The American section
is 33 miles. The troops have been or
dered to avoid bloodshed if possible
and it is believed the rebels will not
Interfere within the foreign controlled
sphere although they may beyond Cntn
Wang Tao.
The legations regret that they cannot
control the Chinese imperial railroad up
to the Japanese junction in Manchuria,
thereby, ensuring a continuation of the
trans-Siberian mails but the protocol
does not authorize anything further tuan
maintaining communication to the sea, i
the nearest open port being Chin Wang
Tao. at Tien Tsin is ice-bound.
Juan Shi Kai is pleased M.tbfi action
of the powers, becaudg it relieves the
Imperial administration of responsibil
ity and ensures the maintenance or
communication which the Imperial
troops might be unable to do. The
powers do not assume the administra
tion of the district and consequently
the imperialists profit by the arrange
ment, the trains not being available to
IMPERIALISTS DELAYING.
Premier Yuan has sent a telegram to
Wu Ting Fang asking to be informed
aa to the object of the establishment o»
a republic and whether the president
could be removed should the nations*
convention decide upon a constitutional
monarchy.
It would appear as if the imperial
premier is seeking delay, believing tlm«
will cause dissensions in the south. Sev
eral generals are urging him to fight
but it is thought he will await an at
tack. The people of Chi LI and Shan
Tung provinces who are for the most
part revolutionary, are organizing but
find that they are not in a position to
take part In a rising as they are with
out’rifles or military supplies. Shouiu
the imperial army become disaffecteu
the case would be different.
The empress dowager has -issued or
ders to the princes not to leave Peking.
Recently there has been a stiffening or
the court's determination to hold out.
Capt. J. H. Reeves, military attache
of the American legation at Peking, and
Capt. Themas Holcomb, Jr., who is
special attache of the legation, wid pro
ceed to Lan Chow tomorrow to Inspect
the American section of the railway.
U. S. Army Is Ready
To Meet Any Demand
WASHINGTON, Jan. A-Although it
was expected yesterday that within 24
hours the state department would learn
from Minister Calhoun at Peking, wheth
er American troops were required in Chi
na and tn what number, the minister
was silent today. It is assumed he is
consulting with other diplomatic repre
sentatives in Peking and it may be that
these in turn feel called upon to await
advices from their home governments.
The army stands ready to meet any
demand upon it within reason and the
officers here are wondering why the word
does not come from Peking, knowing
that other powers have been dispatch
ing troops to China along the line of the
railroad from Peking to the sea. On the
whole, there seems little doubt that the
ultimate decision will be to dispatch
troops from Manila. B t as the matter
of prime consideration is the preserva
tion of the satisfactory entente which
has governed the six powers in the ex
ecution of their Chinese policies, the state
department is disposed to observe with
scrupulous regard the undertaking, that
no other power shall advance troops
without consulting the other powers.
Hence action awaits word from Mr. Cal
houn. which is expected soon.
Demands have been made upon Dr. Wu
Ting Fang by Yuan Shi Kai to know
the purposes of the establishment of the
Nanking government and consequently
taking of an oath by President Sun Yat
Sen. in which he pledged himself to de
throne the Manchus according to advices
to the state department. These tsate
that Yuan, in his telegram to Dr. Wu,
quesioned the Republican minister of
justice as io whether the Republican gov
ernment would be abolished should-a na
tional convention decide upon a mon
archy.
At the same time the premier ex
pressed the belief that the action of the
revolutionaries has contravened the ar
rangements made whereby fc national
convention is to decide the future form
of government. Dr. Wu Ting Fang, (ac
cording to the dispatches, in a note to
oach of the six consuls general at
Shanghai, who presented an identical
note, says that the hope of peace ex
pressed in that communication was nul
lified by the Manchu government.
-.- T _ ~
— I ACTIVITY ** z Wil,
Aj ,7/ wi
GREAT MYSTERY—WILL TEDDY RLN FOR NOMINATION?
SliS PRin'S EVIDENCE
WHS RISER ON OPINION
Attorney for Clhcago Packers
Tries to Have Evidence
Stricken —Trial Resumed
i
C HICAGO, Ja» »>-Denfcnsd counsel tn
the trial of the teh Chicago packers,
charged with criminal violation of the
Sherman law, today moved to have
stricken from records the evidence of
Jerome H. Pratt. This evidence aimed
to identify the handwriting ofV Ogden
Armour, Arthur Meeker and Thomas J.
Conners on certain letters previously in
troduced In evidence by the government
to show the existence of a combination
among the defendants in the period be
tween 1896 and 190$.
Attorney M. W. Borders, representing
the Morris Interests, made the point
that the testimony of the witness (Pratt)
on thin point teas Incompetent, because
it was based on an opinion obtained
in the ordinary course of business and
not on personal knowledge.
District Attorney Wilkerson insisted
that ths testimony should remain in
the record.
“The fact that those letters were writ
ten and received by Pratt in the course
of business, enabled him to be all rhe
more certain ■of his Identification and
renders Ms testimony competent/’ said
Mr. Wilkerson.
Judge Carpenter said he had no doubt
regarding the admissibility of the letters
as documents, but he expressed doubt
as to the witness giving an opinion on
the identification of the handwriting un
less supplemented by other evidence.
"The government will have to show a
combination of effort and concerted ac
tion on the part of each of these ten
defendants to commit conspiracy or
there will be an end to this case," said
Judge Carpenter. “The government is
necessarily obliged to prove ' its theory
In a case of this kind, piece by piece.
This may be supplemented later by
other testimony. 1 cannot know in ad
vance just what evidence the govern
ment will present.”
Special Counsel Pierce Butler contin
ued reading of percentage shipments und
profit margins alleged to have been
used by the defendants in the conduct
of their business between 1894 and 1906,
when the trial of the ten Chicago pack
ers was resumed.
This was an effort to prove that the
packers maintain a combination to ap
portionment the fresh meat business and
fix prices on a non-competitive basis
after the organization of the National
Packing company in March, 4-vu.
District Attorney James H. Wilkerson
annouwbed that it probably would take
several days to conclude the examina
tion of Jerome H. Pratt.
DECATUR COUNTY LANDS
BRING GOOD PRICES
BAINBRIDGE, Ga„ Jan. 8. —That the
value of Decatur county lands have nov
been effected by the low price of cot
ton was illustrated yesterday when the
executors of the Herring estate placed
on the market 800 acres of land lying
about seven miles east of Bainbridge.
This body of land was bid in for $21,000.
There is very little open land in the
tract and not very much timber, but it
lies well and is a very excellent qual
ity of soil.
MINE WORKERS PREPARE
FOR BIG CONVENTION
INDIANAPOLIS, Ind., Jan. B.—Prelimi
nary to the annual convention of the
United Mine Workers of America, which
is to open here January 16, a joint meet
ing of miners and operators of Indiana,
Illinois, Ohio and western Pennsylvania
Is scheduled to be held here today to
complete plans for a joint interstate
conference. The proposed conference is
for the purpose of dealing with wage
contracts and disputes.
TENNESSEE SENATORS
WRANGLE OVER SEATS
Selection of Meeting Place for
Democratic Convention to
Be Made Monday
SY RALPH SMITH. •<- >
W ASHH'trBQN. D. C„ Jan. 8.-Con
tested seats from Pennsylvania and Ten
nessee, which are to be settled by the
national Democratic committee, divide
interest with the fixing of a date of
choice of a place of meeting for the
national convention. It is considered
that the meeting of the committee on
Monday will prove lively, and members
of the committee feel considerable ap
prehension about the factional tow*\ in
Tennessee, Involving a qpntest between
R. E., L. Mountcastle, of Knpxville, and
John T. Vertress, of Nasuville. Ths
contest from Pennsylvania between Rep
resentative Mitchell Palmer and Col.
James N. Duffy is not regarded so seri
ously. . ,
Members the committee fear to of
fend either wing of the Democracy of
Tennessee, but there seems no way by
which the differences between Vertress
and Mountcastle can be amicably ad
justed. Mountcastle was the regularly
chosen national committeeman, but sub
sequently he joined with the fusionlsts
in defeating Senator Bob Taylor for gov
ernor of Tennessee. He presided over
the convention that nominated Hooper
for governor.
ThO feeling is so keen that the sena
tors from the state divided. Senator
Taylor will appear before the commit
tee in behalf of Vertress and Senator
Luke Lea will urge Mountcastle’s
claims.
Five cities are contesting for the con
vention. They are St. Louis, Denver,
Chicago, Baltimore, Kansas City and
New York. There is a strong prejudice
against New York because of the sup
posed pernicious influence of Tammany
and Wall street, and it is not believed
that Augustus Thomas’ oratory will
move the national committee. The play
right has been open to present New
York’s offer.
W. F. Mceoombs, of New York, is here
in the interest of Woodrow Wilson’s
candidacy, and the Jersey governor him
self is expected Monday afternoon. Mc-
Coombs gave out an optimistic state
ment e bout the pandidacy of Wilson,
stating that he had more than a ma
jority or the delegates already pledged
to him.
SOCIALIST MAYOR IS
DISOWNED BY HIS PARTY
LIMA, Ohio. Jan. B.—Mayor Corbin
Shook, Socialist, who was charged with
having repudiated an ante-election prom
ise to resign if asked by a majority of
the members of his party, yesterday was
formally read out of the party at a par
ty mass meeting here. Safety Director
Edwin Plank, who also had come into
the bad graces of his party, said he
spoke for himself and other apointees,
and declared they would accept their
positions despite the action of the lo
cal.
FOUR ARE FOUND DEAD
IN BOARDINGHOUSE ROOM
PHILADELPHIA, Jan. B.—Mystery
surrounds the death of four persons
whose bodies fully clothed were found
yesterday in a room of the boarding
house of Mrs. Bridget Flanagan. The
dead are Mrs. Flanagan, her daughter,
Annis, aged 10, an adopted son, Joseph,
aged 15 months, and Catherine Murray,
a boarder;
Mrs. Flanagan was 38 years old. Her
husband, it is said, left her ten days
•S°-
REPOOLICIN SOLDIERS TO
RESUME FIGHTING SOON
Rebel Forces in China Now
Aggregate More Than 30,-
000 Men
NANKIVrK-Cjyna.
publican treops began at nWm today
ferring a large quantity of railway
rowing stock acres the river to Pukow,
where it is expected the advance north
ward will begin tomorrow when the
armistice terminates.
Winter clothing for the republican
army Is arriving here today In carloads,
and the soldiers are being rapidly equip
ped in preparation for their march on
Peking.
The revolutionary commander today
received a reinforcement of 4.000 men
from Canton, who brought with them
30,000 new magazine rifles. It is es
tlmated that the republican forces now
amount to considerably more than 30,-
000 men, with many batteries of modern
field guns and plenty of ammunition.
The imperialist troops in the nelgn
borhood under the command of Gen
eral Chang, are not, it is believed, near
ly so strong numerically as the repub
licans, and although many of them are
soldiers trained on the European sys
tem, there are a large number of un
trained and undisciplined troops in their
ranks. ;
General Chang, it is said, commands
the entire northern section of the Tien
Tsin-Peking railway and occupies sev
eral towns on each side. The revolu
tionaries, on the other hand, hold the
southern section of the railway and
have the advantag* of popular sympatny
in the Yang Tse valley.
German and English
Soldiers at Lanchow
LONDON, Jsn. s.—According to an ex
change company’s telegram. British and
German troops have been dispatched
from Tien Tain to Lanchow, the strate
gical point of the railroad from Peking
to Mukden, where the imperial Chinese
troops a few days ago declared in
favor of a republic, elected Wang Wie
Tze their leader and announced that
they were about to march on Peking.
was reported yesterday that the
same troops had looted and burned the
residences of the wealthy citizens cf
Lanchow and seized the railway at
Shanhaikwan, where they were bolding
up the traffic.
The British troops will occupy and
patrol the American section of the rail
way between Tang Shan and Lanchow,
where the trains have been completely
blocked. •
Fighting of the most severe descrip
tion is proceeding in the vicinity of
Lanchow between the Chinese and the
Manchu troops, and the telegraph lines,
including the systems belonging to the
Chinese Engineering and Mining com
pany, have been cut.
The foreigners engaged in the coal
mines at Llnsi, in the neighborhood of
Kaiping, came ’nto Tien Tsin yesterday
on a coal train at which the revolu
tionaries fired several vi Heys.
—————— »
Observe Battle Date
NASHVILB, Tenn., Jan. B.—The LaJ
dies’ Hermitage association will ob
serve the anniversary of the battle ot
New Orleans tonight with the usuar
Jackson day balk Tonight’s affffair,
Jakies Madison’s ball, the characters
represented being those prominent in
Madison's administration.
Mr. and Mrs. E.. W. Fuster will repre
sent James and Dolly Madison. Cos
tumes of the time will be worn.
Flint River Booming
BAINBRIDGE, Ga., Jan. ».—Flint
river lias been on a rampage on ac
count of the recent heavy rains. The
river is higher than it has been for
the past three years. Several year®
ago the present rise was a usual spring
occurrence but now it is an unusual
sight to see such a swollen, stream.
NO. 32.
THE LIE IS PISSED ;1
DURING HOT CLASH
be the Gimm
| ■' I'
National Committee Sustains
Ruling of Chairman Mack
That State Committee Shall
Name Delegates
(Sy Associated Presa)
WASHINGTON. Jan. A—The Me waul
passed in the Democratic national com- j
mittee late today, and William Jennings|
Bryan made a threat to “appeal ■» the;
people” If overriden by the committees fa
his fight to unseal CoL James M. Guf-|
fey, the national committeeman frora;
Pennsylvania. This threat, coming im-i
mediately after the Bryan-La Follette*
conference of yesterday, renewed gossip’
as to the possibility of a third party. !
Colonel Guffey hurled the charge at.
“liar' at Congressman A. Mitchell Pal-T
mer, who ia contesting his seat. The.’
latter replied that he had apdbKX the!
truth and that only Guffey's ago pre-;
vented him from making a personal mab»'
ter of the affair. .
Mr. Palmer had freely charged in hie
speech to the committee that Colonel I -
Gufffey had affiliated with Senator Pen-' |
rose, the Republican leader of
vania. and that he had been disloyal to
his party. Mr. Bryan took up the argu-i
ment in Mr. Palmer’s behalf. He declar
ed that thrice had he had been the can-j
didate of his party for the pre-sidency
and that many millions of the people
had expressed their confidence in him. |g
If the national committee declined to
listen to him he woujd appeal to the
people. ,
The private secretary to Senator Cum-’
mlns was at the hotel where the cotn-j
mittee met and talked with several of the'
members. .
The bitter fight tn the Guffey cane wao’
unexpectedly prolonged, delaying the eo-j
lection of a convention atty indefinitely.’
Senator Stone, of Missouri, a l*fe-lon»|
friend of Mr. Bryan, spoke in behalf of' 4
Guffey. Mr. Stone held a proxy. His op-j
position to Mr. Bryan’s views was re>-
garded as significant.
R. E. L. Mountoastie, of Tennessee,'
was declared entitled to his seat with!
only one dissenting vote. His place on'
the committee had been contested by|
John J. Vertree, who was chief counsel 1
for former Secretary Ballinger in the; fc
Ballinger-Pinchot investigation.
Despite the protest of Mr. Bryan and; \
his threat to appeal to the people the 1
committee voted in favor of Guffey SO*
to 18.
When the Democratic national commit--
tee went into session here shortly before 1
1 o’clock this afternoon, William
Bryan at once became a storm center in
an attempt to have James M. Guffey, <ffj
Pennsylvania, thrown off the committee.’ «
The roll call of the states had
.-startrd—M»fi<i tti| tewwfata
James A. Weatherly, of Alabama, was;
recently selected by the Alabama state
committee to succeed John T. Tomlin
son. deceased. When his name was
called today Mr. Bryan asked if there,
was a protest. None oelng received, t y
the Nebraskan, who had been given art i
ovation when he entered the room,’
moved that the selection be approved.
THE STORM BREAKS.
National Committeeman Brown, ofl
Vermont, declared that affirmative ac-’ .'J
tion by the national committee was not,
necessary; that the matter lay entirely
in the hands of the state committee. (
Chairman Mack sustained thie point off 7
order.
“I appeal from the decision of the’;
chair,” shouted Mr. Bryan.
He declared that it was plain therei i
was a purpose to head oft a protests
against Colonel Guffey and that the mat-}
ter ought to be thoroughly discussed. .
At this juncture a motion to go into;
executive session was carried and tho|
doors were closed. The Fenrusylvaniaj
fight was plunged into at once Repre-i
sentative A. Mitchell Palmer, contesting}
Guffey's on the committee, was in
the room holding the Utah proxy. ' The
committee set 3 o’clock this afternoon
as the time for hearing the representa
tives of various cities bidding for the,
convention. As this time approached.
Baltimore's chances seemed to be In
creasing. It was said that the support
ers of Gov. Woodrow Wilson were!
throwing their strength to Baltimore. I
Governor Wilson reached the city to-! |
day.
Chairman Mack apparently had the) ’
backing of all the “old line" Democrats
on the committee in making the rulingi
from which Mr. Bryan appealed. Mr.l
Mack and Mr. Bryan dined together last!
night, but It was apparent that the mens
who have directed the affairs of the
committee for many years had deter
mined that Colonel Guffey, and Comntft
teeman R. E. Mountcastle, df Tennes
see, whose place Is also being contest
ed. should remain on the national
board.
Attempts were made last night to dls-f
suade Mr. Bryan for making war in thej
committee and up to the time he went!
into the meeting today his course wasi
said to have been undetermined. The!
fight was precipitated, however, with al
suddenness that surprised every one i ,'J
BRYAN’S APPEAL LOST.
Mr. Bryan’s appeal from the ruling in :
the Alabama case was defeated by a
vote of 33 to 13. This indicated that the ■
committee was clearly against the Ne
braskan in his fight on Colonel Guffey.’
and that the latter would be retained
on the committee beyond all question.
With the Alabama case disposed of,,
the committee took up the Guffey-Pal- : S,
fey-Palmer contest with a time limit of
one hour on the argument. Mr. Bryan
made a speech, declaring that the com
mittee had a perfect right to view the
actions of state committeemen. Ho
cited precedents in other bodies, notably;
the Lorimer case, in the United States
senate. The senate, he said, could not
elect Lorimer, but it could determine his
eligibility. If a man were disloyal to falsi '
party, Mr. Bryan contended, tbwt tha
national committee should not' receive
him as a member- ’ . 7 i wj
Five cities are asking for the national}
convention. Baltimore seemed to have a'
slight lead early today with St. Louis
pressing hard as the nearest competi
tor. New Y’ork, Denver and Chicago
also had put in claims. The time of
the convention probably will be two
weeks after the Republican n&Aional con
vention. to be held in Chicago, Jun«
18.
Democratic leaders from all sectional
of the country are here for the com-'
mittee meeting and the Jackson' day!
dinner tonight. Business at the house
end of the capitol, where the Democrats
are in control, practically was at a* »
standstill. The committee meeting prom
ised to last until late in the after-’
noon.
