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t VOLUME XII. •ATLANTA, GA., FRIDAY, APRIL 11, 1913. . NO. 58. L HK III SENATE Ratification of Constitutional Amendment Renders Geor gian’s Commission Techni cally Invalid BTT RALPH SMITH. WASHINGTON, D. C., April 10.—As r result of the ratification of the con stitutional amendment for the popular election c: United. States senators an interesting- situation has been devel- o 'd in Georgia with reference to Sen ator A. O. Bacon, chairman of the for eign relations committee and dean of the Democracy in the upper house of congress. Senator Bacon will have to go before tho people of Georgia at a special elec tion. or depend upon Governor-elect .Joiin M. Slaton to appoint him to serve until the next general election. In that event, two United States senators will be chosen at the next general elec tion, as the term of Senator Hoke Smith will expire in the meantime. Senator Bacon says he is not dis-* turbed over the development. He holds that as the nominee of the Democratic primary last fall, he will have no oppo sition before the people 'either in a special or a general election. He does not believe that Governor-elect Slaton should appoint him, buti thinks that the legislature which meets this summer should jrovide for a special election. Senator Bacon is now serving in the senate by virtue of a commission given to him by Governor Brown, and the unusual condition created by the rati fication of the popular election amend ment to the constitution may cause ebarrassing complications with refer ence 10 the validity of the senator's present commission. The term of Senator Bacon expired on March 3. and although he was nom inated in the Democratic primary to succeed himself, he has not yet been elected. His nomination in the prima ry was an instruction to the state leg islature to re-elect him, and the legis lature would have carried out this mandat-- of the people when it met. It was the recognition of this fact that caused Governor Brown to ap point Senator jBacon for the interval between March 3 and the date of the meeting of the legislature. Senator i-»acon’s credentials thus Issued by Governor Brown, were presented to the senator by Senator Hoke Smith shortly before the adjournment of the last session of congress. The credentials were accepted without question, but it was learned today that there is a close legal question as to the right of the governor of a state to appoint sena tors under such circumstances. It is the contention of many able lawyers and strict constructionists that aer the institution it was the right only to appoint a United States senator in case of vacancy by death or resigna tion. It was never contemplated that a state executive should have the right to fill a vacancy occasioned by the ex piration of a term of office. That right rested exclusively with the legislators and now it rests with the people, since senators are to be elected by direct vote. Since, however, Senator Bacon's cre dentials as issued by Governor Brown were accepted without question when they were presented by Senator Hoke Smith, it is hardly probable that the Senator’s right to membership will be challenged at this late day. Governor Brown’s, commission should keep Sen ator Bacon in the senate until the Geor gia legislature meets. Then the legis lature must arrange to fill the vacancy in one or two ways: A special election /nust be called, or the authority must be conferred upon the governor to appoint a senator to serve until the next general election, which occurs a year from November. It Is not believed that John M. Sla ton, who becomes governor with the meeting of the legislature in June would make an appointment to extend for such a length of time, and it fol lows therefore that the legislature will call a special election to fill the va cancy. Hete arises a pretty question: Does Senator Bacon’s nomination In the primary last August, which nomi nation was intended to bind the state legislature", obligate the Democratic party to accept him as its standard bearer in a special election to be held this summer or the general election to be held next November year? The question is one for the Demo cratic committee to decide. MARYLAND SITUATION. The situation with reference to the Maryland senatorship is similar in many respects to the case of Senator Bacon. Some of th eleading lawyers of Baltimore contend that William P. Jackson, the junior senator from Mary land has been legislated out of office by the ratification of the amendment for popular elections of senators. Jackson, a Republican, was appointed by Governor Goldsborough to succeed to the vacancy occasioned by the death of Senator Isador Rayner. Arthur W. Machen, Jr., who married Miss Gresh am, of Macon, daughter of the late John J. Gresham, in a notable opinion holds that Senator Jackson’s commis sion from Governor Goldsborough is worthless. IMIOO’S "GAG RULE” Secretary of Treasury Wants to Pass on Subjects Before Public Is Informed (By Associated Press.) WASHINGTON, April 10.—Secretary McAdoo’s “gag order” has been ex tended from the assistant secretaries of the treasury, to whom it originally ap plied, to every bureau and division chief state h»s, or had, un- of that -extensive departraent. -Noth ing whatever concerning government business there may become known un til the secretary’s office has passed on the advisability of its publication. Surgeon General Blue, of the public health service, Is forbidden to give out any news whatever of the progress of the government’s test and investigation of Dr. Friedmann’s tuberculosis vac cine, or to warn the public of danger of disease, or epidemics; the life saving service is forbidden to make known news of a vessel in distress or of meas ures taken for the relief of an endan gered crew. The revenue cutter service is forbid den to send public warnings of dere licts in the path of navigation or give the news of sending one of its ships to a distressed vessel. All such information now is sent first to the assistant secretary in charge of the division of bureau in which it originates, and then to Secre tary McAdoo’s office, where it is made public or suppressed. The treasury is the only department of the government in Washington where a “gag order” has been issued. Secretary McAdoo’s new policy is a complete reversal of that of former Sec retary MacVeagh, who Instructed his subordinates to give out news of the public business with accuracy and dis patch except where it would defeat the ends of justice or in the case of deter mination of important policies. Chinese Consul Asks Deportation Of Tong Members SAN FRANCISCO, April 10.—Lai Wing Yew, Chinese consul general, vol untarily gave testimony at the Tong inquiry today. He declared that If of ficials here, in order to put an end to Tong warfare, would break up the Tong organizations, the Chinese govern ment would approve the action. He added that his government would co operate with federal officials in the effort to disband the Tongs, "which are not 'permitted to e'Xist in China he said. “What is a Chinese Tong?” he was asked. He said that originally a Tong was a form of family organization created to aid members in a benevolent manner but he added that they had fallen into bad purposes here and he said many good merchants had been forced into Tong membership as a matter of pro tection. “I think that deportation would be a good method of breaking them up,” he added. The Inquiry officially is an inquest in connection with the murder of a vic tim in the present Tong war, MISS HILLIARD NAMED UNION POINT POSTMASTER (Special Dispatch to The Journal.) GREENSBORO, Ga., April 10.—Miss Josephine Hilliard has been appointed postmaster at Union oPlnt. Miss Hil liard is the daughter of a well known contractor, H. C. Hilliard, of Union Point. Ben L. Bryan, the present incumbent, was reappointed to the position by President Taft, his time having expired in February. However, the appoint ment was not confirmed by the senate. BRAZIL JOINS IRE U. S. Brazilian and Chinese Flags Float Over Government Offices in Pekin (By Associated Press.) PEKIN, April 10.—The Brazilian gov ernment, anticipating similar action on the part of the United States, has ca bled to the Chinese government its recognition of the new republic. The Brazilian and Chinese thugs w*re -dis- played together over the government offices today. Reports circulated abroad yesterday that Li Yuan Hung, vice president of the republic and long the rival of Presi dent Yuan Shi Kai for the leadership, bad been assassinated, are declared un true. Both the president and the vice president are constantly closely guarded in fear that their political opponents may be plotting against them. Georgians Bare Plot To Withhold Office From William Harris \ BY RALPH SMITH. WASHINGTON, D. C., April 10.—A movement to delay the appointment of William J. Harris, of Georgia, as di rector of the census was uncovered to day by members of the Georgia delega tion. The purpose of the scheme is to keep E. Dana Durand, the Republican incumbent, in the office for a fertv months longer. The name of Harris has been certified to the president for appoint ment by Secretary of Commerce Red- field, and unless the movement to hold Durand on the job succeeds, Harris’ name should be sent to the senate for confirmation in a few days. Members of the Georgia delegation, headed by Congressman Hardwick, pur pose to see Secretary Redfield about the matter at the earliest possible moment and protest against any unnecessary de lay. It is believed that the secretary is unfamiliar with the concerted movement to keep Durand in office, and it is feared that the scheme may succeed through the very fact that Mr. Redfield knows nothing of it. The friends of Durand, it is understood, have adopted as the meth od of saving him the argument that the census of 1910 has not been completed, and that no change should be made in the bureau until the work, l.as been fin- ished. SENATE TO GIVE NO REARINGS ON TARIFF Manufacturers Have FI ad Their Last Say-Flouse Dem ocrats Continue Caucus LARGE AND POWERFUL NAVY IS NEW ADMINISTRATION’S POLICY, SAYS SECRETARY DANIEL’S AIDE Franklin D, Roosevelt Says United States Navy Is to Become an Educational In stitution (By Associated Press.) WASHINGTON, April 10.—An ef ficient navy, large ana powerful enough to maintain the nation’s prestige, is the policy of the new administration as outlined today to the Navy league of the United States in its eighth annual convention by Franklin D. Roosevelt, assistant secretary of the navy. His statement created enthusiasm. It was regarded as directly reflecting the views of Secretary Daniels and the White House. Mr. Roosevelt called on the members of the league to aid in the popularizr ing the naval establishment and de clared that as effective work could be done outside the navy as within it. He dwelt on the need lor the support of the secretary of the navy and the administration’s naval policy. “This is not a question of war or peace,” he said. “I take it there are as many advocates of arbitration and international peace in the navy as in any other profession. But we are con fronted with another condition—the fact that our nation has decided, in the past to have a fleet and that war is still a possibility.” FACTOR FOR GOOD. Mr. Roosevelt told of the thousands oi men engaged "in manning the ships and in attending to the mechanical work of the department ashore. He said the service was being developed with the intention of making it a factor for the national good. ”We want the country to feel that in the maintaining of a fighting force or the highest efficiency,” he said, “we are at the same time educating thousands of young men to be better citizens and to be in a position to help themselves when they leave the service. We want to give them industrial education under ideal conditions. Most of all, we will help create a mercantile marine owned by us and run by us.” The convention was devoted to discus sions today, but tomorrow, the delegates vf which there are several hundred will be entertained by. a special cav alry drill at Fort Myer. The convention will end -tomorrow night with a banquet in honor of Secre tary. Daniel. (By Associated Press.) WASHINGTON, April 10.—The senate finance committee has determined not to have hearings on the tariff bill. Manu facturers in many lines of industry have appealed for an opportunity to present arguments against the rates pro posed in the UnderwLfod bill. The sen ate committee members take the posi tion, however, that the hearings conduct ed by the house ways and means com mittee i n January was sufficiently thor ough to cover practically all points the senate needs to consider in connec tion with the tariff revision. It is believed now that the tariff bill after it finally reaches the senate will not remain i n the committee more than ten days. The senate was not in session today and members cotninued the study of the tariff bill in private. Republican forces are preparing for a united attack upo n the Democratic revision on the ground that it not only destroys all protection to many American industries but that in many features it practic ally is a free trade bill. It is expected there will be a con ference of Republicans to discuss some of the more drastic features of the proposed revision. HOUSE CAUCUS. House Democrats met to resume con sideration of the tariff bill in caucus when the house adjourned. The chem ical schedule having been approved ex actly as written by the ways and means committee, the earthen and glass ware schedule was next. Considerable opposition to some of the cuts on pot tery come from New Jersey and Penn sylvania members. The house Democrats have demonstrat ed that a good working majority is sup porting Chairman Underwood and the ways and means committee and this seems to indicate that the caucus event ually will ratify the schedules as pre sented, including free raw wool and the 25 per cent cut in sugar with the provi sion for its going on the free list in three years. There are assurances, however, that such a result will not be accomplished without a fight. Opposition forces are preparing for a struggle for a duty on raw wool and to eliminate the free su gar provision. Opponents of free wool are making the argument that the party went to the peo ple in the last election committed to a duty on raw wool as based on he wool schedule passed in congress and vetoed by the president. They declare that when the house agreed to a duty of 20 per cent and later accepted 29 per cent in conference it went on record before the public. Opponents of the textile schedule had a test vote in the caucus yesterday when they made an effort to put indigo on the free list. They were defeated by a vote of 112 to 35. Postmaster General Burleson, who was an early caller at the White House to day told the president he favored a tar iff revision schedule by schedule bill. HARDWICK’S AMENDMENT. After a conference with President Wilson today. Representative Hardwick, of Georgia, declared he would submit to the house caucus an amendment to the tariff bill to put sugar on the free list in March, 1916, instead of three years from the date of the passage of the bill as now proposed. Mr. Hardwick predicted a fight for free sugar in the house and. told the president he believed it to be discrimi natory to give sugar three years’ time to adjust themselves, while other pro ducts were immediately to become free. Democratic members of the senate finance committee held another meeting today to further consider their pro gram. Aged Pontiff Rested Well Dur ing Night But Had Several Coughing Fits During the Early Hours of Morning (By Associated Press.) ROME, April 10.—Dr. Andrea Amici declared today that he hoped by next week Pius X would be convalescent. An entirely contrary opinion, however, is expressed by some of those immediately surrounding the pope, who depict the situation as grave. They assert that an examination made by a specialist show ed the presence of from 10 to 12 de grees of albumen. The sisters and niece of the pope re mained with him this morning three hours. Just before 11 o’clock Cardinal Merry del Val entered the bed chamber. The pope said in reply to the cardinal’s in quiry that he felt better. He then spoke about the pilgrims who had come to the Vatican from Venice and expressed his regret that he would be unable to see them. Cardinal Merry del Val informed him that the pilgrims had been separat ed into groups and were being escorted about Rome, visiting various churches and basilicas where they prayed for the pontiff's recovery. MORNING BRINGS NO CHANGE. The condition of. the pope was round to be practically unchanged when his physician, Professor Marchiafava, paid the pontiff an early morning visit today. He had passed a comparatively calm night, disturbed only by occasional fits of coughing and periods of great per spiration. The pope rejoiced to see the morning bring a change in the weather. A splen did sun streamed through the ample window of his bedroom. Although this seemed to encourage his spirits he con tinued to feel nauseated and averse to taking nourishment, notwithstanding the efforts made by his own cook, Stefano Inchiostro, an old servant, who came with him from Venice. Inchiostro keeps a special cow in the Vatican garden for his master’s milk. Professor Marchiafava said after his morning visit that he considered the unchanged position as auguring well for a decided turn for the better. The only specific apprehension is heart weakness. I CONTROL STRIKE 3,000 Soldiers Unable to Quiet Motormen and Conductors in Buffalo CHEER WILSON TO THE ECHO IIEE HE DELIVERS MESSAGE (By Associated Press.) BUFFALO, N. Y.. April 10.—The fifth day of the strike of the Interna- tonal Railway company’s motormen and conductors began with the entire city and interurban service still practically suspended and the railway officials de manding irom both civil and military authorltiesp reoinforcements for the 3,000 members of the Fourth brigade of the national guard now on duty here. Troops with fixed bayonets held no terror for the striking carmen of the International Railway company and their sympathizers yesterday, and the riotous scenes of former days of the strike were not only as numerous but of a more serious nature. All efforts to resume traffic were blocked, and all the cars were withdrawn at nightfall after an intermittent operation of less than four hours. Once during the afternoon the troops used their rifles. A woman and man were wounded and a boy received a thrust from a bayonet. The woman probably will die. Efforts of the mayor to bring about a settlement by arbitration met little encouragement from the company’s side. William D. Mahon, of Detroit, president of the Amalgamated Association of Street and Electric Railway Employes’, outlined to the mayor the men’s griev ances and offered to lay them before a board of arbitration. President Connette, of the railroad company, conferred with the mayor, but neither would divulge what passed between them. The fact that the calling of more troops was under serious consideration tonight was taken as an indication that a peaceful settlement still was a re mote possibility. With over 300 miles of street car tracks to patrol, the 3,000 men under command of Brigadier Gen eral Welch proved an ineffective policing force. If more troops are to be brought here the order must be issued by Governor Sulzer. An early settlement of the strike of the carmen of the International Rail way company appeared this afternoon when President Connette, of the compa ny, announced that he would accept the offer of Mayor Fuhrmann to act as me diator, and would recognize the union, providing car service was immediately resumed. Official Washington Witnesses Most Unusual Ten Min utes in Which History Was Made -Mrs, Woodrow Wilson and Three Daughters, Admiral George Dewey, Diplomatio and Court Officials Among Spectators Present (By Associated Press.) W ASHINGTON, April 8.—President Wilson stood on the speak er’s rostrum in the hall of the house today and personally read his first message to congress, the first president since John Adams to exercise that privilege. The renewal of a custom abandoned a century ago and now sur rounded by such wide differences of opinion among members of con gress, attracted to the capitol a large assemblage. G.alleries were packed with national figures, Mrs. Wilson and her three daughters and the women of the cabinet circle prominent among them. The diplomatic gallery probably contained a representative of every nation with an envoy in the foreign corps here. President Wilson slipped away from the White House quietly after today’s cabinet meeting, accompanied only by his secretary and one se cret service man, and upon arriving at the capitol was escorted to the rostrum in the house where Speaker Clark sat at one side and Vice President Marshall at the other. The president, speaking with hia usual clarity of tone and notable diction, read his message while the company, actually packed into the chamber, gave the closest attention. The president was cheered as he mounted the rostrum and shook hands with Speaker Clark. He began to speak immediately. There was intense silence in the great room, the president talking in an ordi nary tone as he explained his coming in person to deliver his message. EVERY EYE RIVETED ON THE PRESIDENT. As the president read on, every eye was riveted toward the speak er’s stand with its new occupant. Never in the life of any man pres ent had a president occupied that historic place in such a capacity. Here was the head of the nation, come to assert that he was a per son, “a human being,” come to deal with his fellow-men in control ol the nation’s destiny as a man of force, not a mere department of gov ernment. It was so unusual that to many it seemed almost unreal, but the president, smiling as he spoke, and talking to the great assemblage as man to man, soon developed in the gathering a fellow-feeling. Throughout the message the president read in a clear voice which carried his words to every corner of the big hall. Members of the house and senate sat throughout in rapt attention following every word closely. A murmur of conversation that swept the gallery when the president began was soon hushed as the tall, imposing figure at the clerk’s desk read on in his commanding but conversational style. As he closed his introductory remarks, explaining his presence before them, senators and representatives Joined in the applause. The president concluded the reading at 1:08, amid a wave of ap plause, and immediately left the chamber. When the president concluded, he said: ‘‘I thank you sincerely.” As the house and senate members arose and applauded, the pres ident stepped quietly down from the clerk’s desk and, escorted by his reception committee, left the hall. The vice president left the speaker’s stand and headed the proces sion of senators as it left the chamber. The visit of the president had lasted ten minutes and become history. CABINET MEMBERS PRESENT. The president tarried a few minutes in the speaker’s room after leaving the chamber, and talked with Representa tive’s Underwood, Palmer and Mann and Senators Kern, Bacon ad Gallinger. He then left the capitol for the White Secretary Lane, McAdoo, Daniels and Garrison took seats in the executive gal lery of the house for themselves and families Vo hear the president read his message. Secretary Bryan said he had another engagement for the same hour and could not go until Mrs. Wilson and her three daughters also took seats In the executive gallery. The house galleries were packed with the wives, families and friends of sena tors and representatives two hours be fore the president was scheduled to ap pear. Admiral Dewey was escorted to a seat on the floor of the house. He called on Speaker Clark and was cheered as he entered the chamber. Members of the diplomatic corps filled the private gallery allotted to them. So unusual was the event that Super intendent Woods of the capitol installed a moving picture camera to take moving via * pictures of the extraordinary scene. The fllms will be preserved as a historic rec ord of the day’s proceedings. After the house had been called-to Or der Speaker Clark announced that the president would be received by a com mittee of three. He appointed Represen tatives Underwood, Palmer and Mann. ’The chair would admonish the mem bers,” said Speaker Clark, “that, unless otherwise Indicated by the president, to keep their seats during the delivery of his message and until he departed. If the president should desire to shake hands with you before he goes, I sug gest that you pass by him at the right of the rostrum and then into the lobby to avoid conjestion.” The hour for the joint session was set for 12:30 o’clock and about that time the senate moved over to the house chamber and occupied the front rows of seats. About the same time the cabinet meeting at the White House adjourned and the president got ready to go to the capitol. At 12:60 o’clock the vice president and members of the senate got seated in the house chamber. President Wilson reach- td the speaker's office at 12:65 o’clock. 'li : |S| ■~r, v;M - ’i'udn ,/i. in DUTCHESS OF CONNAUGHT UNDERGOES OPERATION LONDON. April 10.—The , Duchess of Connaught was operated on today by William Arbuthnot Lane, chief surgeon of Guy’s hospital. The operation was a severe one, but was borne well by t>* duchess. 400,000 LABORERS TO STRIKE FOR FREE BALLOT Working Class in Belgium De mand an End to Plural Voting (Sy Associated Press.) BRUSSELS, Belgium, April 10.— Troops today occupied most of the great industrial centers of Belgium in preparation for the general strike or dered for Monday, when 300,000 or 400,- 000 men will quit work. The Socialist strike leaders in the various localities have offered to the authorities the services of special con stables drawn from their own ranks to aid in preserving order. They af firm that any outbreak of violence will, delay; their cause for half a generation. BREAKING OF *A HOARY CUSTOM WAS NOT ALL THAT MR. WILSON DID ■ m He Will Take Stump Against Party Bolters—This Frightened J. Sharp Williams. BY RALPH SMITH. WASHINGTON, April 10.—Wodrow Wilson, breaking the presidential cus tom of more than 100 years, today de livered in person to the two houses of congress sitting in joint assembly his message declaring the purpose for which he has called congress into the extraordinary session. But the breaking of a hoary custom was not all he did. To the members of congress it has come that the president’s purpose lies far deeper than that which shows up on the surface. It was the discovery of this purpose which led so loyal a W’ilson supporter as John Sharp Wil liams, of Mississippi, yesterday in the senate to voice open disapproval of the course the president is to pursue. That course lies in first speaking his mind directly to the members of the legislative branch of the government on all matters of first importance. This is that there shall be not the possibility of misunderstanding the to tal earnestness with which the presi dent proposes to insist upon the re demption of the platform pledges of his party including the whole tariff program, and not excepting free wool, and free sugar. Having impressed congress and the country by his speech to congress that he will not submit to compromise, he has permitted this further interpreta tion of his intentions to be known. If either house of congress, or any Democratic members of either house at tempts to frustrate yie redemption of the pledges of the Democratic party, the president wijl carry the fight home to him or them, in person, as he has done in Jersey and exactly as he has carried the initiative to congress in person to day, and will do again as occasion arises. This means that he will upon the stump, in the states of the recalcitrants, if necessary, and make personal ex planation of the conduct of these who are posing as Democrats and who are declining to make good the word of the Democratic party. The president has left no room for doubt that this is his intention. Neither has he left any doubt that his speech today is to be the fore runner of the militant program he has in mind should the necessity arise. The intimation is that he will even go so far as to deliver personal denunciation of those whose conduct makes of them what he considers traitors to the Demo cratic party. STREET GAR SERVICE Gas Plant Cut Off But Flood Otherwise Does Little Damage to City MEMPHIS, Tenn., April 10.—Absence of rain and occasional splashes of sun shine today brought renewed hope to the thousands of workers who spent a night in anxious watching along the levees that are holding the Mississippi flood from the fields and forests of eastern and northeastern Arkansas. These are considered the most critical along the river at the present time. This morning’s reports show what with the exception of the crevasse at Wil son all the embankments were holding. The gauge at Memphis showed a fall of one-tenth at 10 o’clock from the 7 o’clock reading of 46.5. At Wyanoke, just below Memphis, a six-inch fall was reported, while at Mound City, just above this city, a fall of two and one- half inches was indicated. According to forecaster, the river will be about stationary with a falling tendency in this territory, for the next twenty-four hours. River experts, however, state that the break at Wilson will relieve the situation considerably and should show a drop in the river at Memphis of four to six inches. Reports from Osceola, where the sit uation was critical last night, today i were that he additional labor had been ! secured and 'the banks were holding. The same information was received was received from Luxora, about three miles farther north on the same stretch of levee. At Wilson the break was reported widening slowly. The water from this crevasse will flood about 300,000 acres of farming and timber land and to gether with the waters from the Graves bayou crevasse, is expected to cover about 40 per cent, of the St. Francis basin, which comprises about 1,600,000 acres. Rain had been falling throughout the valley today and work on all the levees was being pushed rapidly. South of Memphis efforts are being made to raise the embankments from two to three feet above the line of last year, in expectation of a greater quantity of water. I