Newspaper Page Text
VOLUME XII.
ATLANTA, GA., TUESDAY, MAY 13, 1913.
NO. 67.
WIL9 SMS ALIEN
LAND LAW DOES HOT
HUM THEATY
President Declares That Situa
tion Between United States
and Japan Has Not Reached
an Alarming Stage
(By Associated Press.)
WASHINGTON, May 12.—President
Wilson believes negotiations between
Japanese and the United States over the
alien land legislation in California are
not in an alarming stage, but that the
interchange of views thuq| far have been
along frank and friendly lines calculat
ed to remove the appearance of dis
crimination against Japanese subjects.
The president, discussing the subject
informally today, took the position that
the Webb bill would not violate the
treaty between Japan and the United
States. He intimated that Japan's pro
test was not founded upon a claim that
the treaty would be broken in any way,
but upon the feeling that there was an
effort to discriminate against Japanese
on the ground of their alleged ineligibil
ity to citizenship.
The president revealed that the ques
tion of naturalization had not yet en
tered into the discussion with the Jap
anese ambassador, but that of course,
underlying the bill, it was realized that
federals courts had not finally passed
upon the question of eligibility. •
It was upon the basis that Japanese
were not accorded the privileges of cit
izenship that the appearance of discrim
ination written in the bill had arisen,
and it was intimated at the White House
that for the present, the hope was that
the legislation in California either would
be vetoed by Governor Johnson or de
layed by a referendum to permit
smoothing over some features of the
situation.
President Wilson endeavored to make
plain that greatest frankness had pre
vailed between the two governments
even to the abandonment of many diplo
matic formalities. The conferences thus
far between Secretary Bryan or Presi
dent Wilson and the Japanese ambassa
dor were described as being those of
“one gentleman to another.”
Intimations that the Japanese pro
test itself was couched neither in vigor
ous nor aggressive language, but was
formal and friendly in character, came
from the president himself during his
talk today, and it was pointed out that
the phrase, “a very earnest protest,”
employed by Secretary Bryan in his mes
sage to Governor Johnson, was the de
scription of the note which the Ameri
can government had entertained rather
than the emphisis of the Japanese am
bassador. The president. was disposed
to talk freely of -th*»-eubjeot, and ap
peared confident that a satisfactory ad
justment would be accomplished.
The fact that Secretary Bryan has
addressed an appeal to .Governor John
son, of California, to veto the anti
alien land law, inasmuch as the gov
ernor had, unofficially at least, repeat
edly declared his purpose to sign the
bill as it passed the legislature, is
taken in official circles here as indicat
ing that the Wilson administration is
perfecting its record.
In this action there may be a double*
purpose. First to satisfy Japan that
the federal government has dene all it
can to prevent the legislation under its
constitutional limitations, of which
many diplomats contend Japan should
have been aware when it entered into
treaty relations, and, secondly, to place
upon the state authorities of California
the responsibility for any serious out
come of the alien land legislation.
As the legislature is near the end
of its session, it is expected that Gov
ernor Johnson’s reply will be forthcom
ing today or tomorrow. If he yields to
Secretary Bryan’s appeal, the element
of urgency will be removed, and Japa
nese land owners in California will not
be in immediate danger of loss of their
property and the state department can
at its leisure embark upon negotiations
with the Japanese embassy for a new
treaty to replace that of 1911 and pro
vide some permanent means of adjust
ment of the rights of citizens of one
country residents in the other.
It has been suggested that possibly
by a flat declaration that neither coun
try shall admit the right of citizens of
the other to hold land in its territories,
the Japanese may be satisfied.
Should Governor Johnson decide to
sign the bill notwithstanding federal
opposition, legal proceedings are almost
certain to follow the first attempt of
the California legislature to escheat the
property of the Japanese land holders.
Representative Kahn, of California,
conferred with Secretary Bryan today
and intimated he was seeking informa
tion relative to laws in other countries
barrinfl the Japanese and other aliens
from owning land.
“There is no doubt about Califor
nia’s right to enact the alien land law,”
said Representative Kahn, “but I have
nothing to say about the expediency
of placing such a law on the statute
books at this time.”
FLORIDIAN MAY PRESIDE
IN THOMAS WATSON CASE
(Special Dispatch to The Journal.)
TALLAHASSEE, Fla., May 12.—Guyt
McLendon, of Georgia, former railroad
commissioner, and attorney for Thomas
E. Watson iri the prosecution against him
by the government for sending obscene
matter through the mails, is in Tallahas
see to address members tonight on Pan
ama canal exposition.
He is emphatic in opinion that free tolls
should not prevail, and says Jacksonville
more than any other city in the south
will benefit by the canal.
In regard to the Watson trial McLen
don said it was not improbable that a
Florida judge would sit on the case,
Judge Pardee, he said, had not been able
yet to find a judge to serve.
Judge Sambol A. Jones, Panama canal
exposition commission, will speak also
tonight.
An effort to cut down the appropria
tions for the institutions of higher learn
ing in the house failed. Th£ amendments
to that effect being defeated. The total
appropriation carried in the bill as rec
ommended by the board of control is
1428,000.
POSTOFFICE BUILDER
GOES INTO BANKRUPTCY
NEW YORK, May 12.—Ambrose B.
Btannard. a contractor, erecting post-
offices and federal buildings in various
parts of the country, went into bank
ruptcy, today with debts of $812,000 and
assets of $171,000. Of the liabilities,
tiie government claims uncompleted
buildings are secured by surety bonds.
SENATE TIES UP TIFF
P. COMMITTEE URGED
TO GAEL A CONVENTION
House Will Mark Time Pend
ing Tariff Fight in the
Senate
Progressive Wing Wants to Cut
Southern Representation and
Curtail Committee Power
<By Associated Press.)
WASHINGTON. May 12.—The tariff
revision fight, shifted from the house,
will be renewed in the senate tomorrow
when the Underwood bill comes up for
reference to the finance committee.
The senate was not in session today.
The house met today to dispose of
what some party leaders referred to as
“chicken feed,” with the announced
purpose of adjourning almost imme
diately for three days, a beginning of
regular adjournments for similar pe
riods until the first week of June.
The idea is to mark time pending the
tariff fight on the senate side of the
capitol and preparation of currency
legislation.
Meantime the Democratic majority of
the ways and means committee, as the
committee on committees, will meet
almost daily to frame the personnel of
the regular committees of the house.
President Wilson does not expect the
tariff bill wfll be amended in any impor
tant particular. 'He has not suggested
that any schedule be re-opened; has not
been informed that the senate contem
plates changing the work of the Jiouse
and is confident that the. measure will
pass the senate. So certain is he that
such an end is in sight that probably he
will make known informally his vi^ws on
currency this week.
The president expressed these views to
day but did not express himself as to
whether there should be public hearings
in the finance committee.
The house was in session six minutes.
Even minor legislation failed to ma
terialize, and the series, of three days
adjournments was begun. The house
will meet next Thursday and thereafter
on Mondays and Thursdays until the
first *week of June. Many members
have /gone home with an understanding
that no legislation involving any dis
puted points shall be brought up.
REPUBLICANS OPPOSE PENROSE.
In the senate some Republican oppo
sition has developed to the Penrose
amendment to force public hearings by
the finance committee. The development
indicates that the Democratic plan of
no hearings will be carried out, al
though -reference of the bill may be de
layed while the Republican leaders de
bate the Penrose amendment for several
days beginning tomorrow.
Sub-committees of the finance com
mittee and Chairman Simmons contin
ued consideration today of protests and
briefs to the Underw’ood schedule filed
by varied interests.
STATE WINS POINT OVER
ROARS BEFOREtS, COURT
Attorney General Felder Pro
cures Order From Supreme
Court Relative to Taxes
(By Associated Press.)
WASHINGTON. May 12.—Attorney
General T. S. Felder, of Georgia, today
procured from the supreme court an
order for the fifth United States circuit
court of appeals to send up for review
its decision that the Louisville and
Nashville Railroad’ company and the
Atlantic Coast Line railroad were not
to be taxed upon property leased for
ninety-nine years from the Georgia rail
road. The granting of the order was a
point for the state.
The case was brought several months
ago and was precipitated when Comp
troller General William A. Wright is
sued tax executions against the Louis
ville and Nashville and Atlantic Coast
Line railroads as lessees of the Geor
gia railroad. The defendant roads
sought and obtained an injunction from
Judge W. T. Newman, of the United
States district court for the northern
district of Georgia. The state carried
the case to the circuit court of appeals,
which sustained Judge Newman.
Attorney General Felder stated Mon
day that he was much gratified that
the supreme court had granted an order
which will take the case up for review’
by that tribunal. It is not frequent
that the higher court grants such orders
and, therefore, Its action is considered
a point in favor of the state, but it is,
of course, impossible to forecast the
final#* outcome.
The state contends that the lessees
of the Georgia road should not enjoy
certain tax exemptions granted to the
Georgia in the charter issued it by the
state many years ago. f
GEORGIA COTTON MEN
GATHER AT COLUMBUS
D, W. Peabody, of Atlanta, Is
Speaker at Association
•Meeting
fSpecial Dispatch to The Journal.)
COLUMBUS, Ga., May 12.—With Hon.
Fred B. Gordon, head of the Columbus
Manufacturing company, presiding, and
H. L. Williams, of the Swift Manu
facturing company, acting as secretary,
the Cotton Manufacturers’ Association
of Georgia, an organization representing
over 90 per cent of the textile interest
of the state, is in session in Columbus
today with representative mill operators
from every section of the state in at
tendance.
The convention was called to order
in the board of trade hall and the vis
itors were welcomed to the city by May
or Chappell in behalf of the city, and
by Judge S. Price Gilbert for the com-!
mercial interests of Columbus. Dr. I.
S. McElroy pronounced the invocation
and after a few responses and prelim
inaries, routine business was taken up.
At 2 o’clock the convention adjourned
for a luncheon, when the manufacturers
were guests of the Columbus Textile
association.
A number of prominent speakers are
on the program for the afternoon ses
sion, among them‘being S. W. Cramer,
president of the American Cotton Man
ufacturers’ association, and D. W. Pea
body, of Atlanta. At 4 o’clock in the
afternoon the visitors are to be taken
for an auto drive throughout the manu
facturing section of the city. Tonight
Judge A. W. Cozart Is to entertain the
convention with an address. Saturday’s
session will be short, the day being
given over to the election of officers and
sightseeing, the convention coming to
an end Saturday afternoon. *
(By Associated Press.)
CHICAGO, May 12.—First steps to
ward “reuniting the Republican party,”
were taken at a conference of Repub
lican United States senators and other
party leaders heer today. The confer
ence decided to ask the Republican na
tional committee at its meeting May
24 at Washington to issue a call for
a national convention this year.
To reorganize the party “along pro
gressive lines,” Senator Cummins, of
Iowa, Senator Borah, of Idaho, former
Governor H. S. Hadley and other lead- j
ers agreed that the proposed conven-1
tion shall change the basis of repre-i
eentation in future conventions and i
make other radical changes so that
the party shall stand “for constructive
and progressive activities in the affairs
of government.”
“Does the suggestion to reunite the
party mean .that those who joined the
Progressive party are to be asked to
come back?” Senator Cummins was
asked.
“It means just as I have said before,
that the convention will be a sort ot
Lord’s Supper "and all those who believe
ay partake,” replied Senator Cupi-
mins.
The following statement was given
out:
“At an informal conference of Repub
licans from eleven states held at Chi
cago, May 12, it was voted that it be
submitted to the national Republican
committee as the opinion of those pres
ent that a national convention of the
party should be held this year at as
early a date as may be practicable to
consider the expediency of changing the
basis of representation in future con
ventions so that the delegates shall pro
portionally represent Republican voters
and not geenral population, to the end !
that the will of the members of the par- j
ty may be more accuratey determined;
also for the purpose of changing the
rules relating to delegates and members
of the national committee so that the
primary election laws of the various
states shall be recognized and have*full
force, and also for the purpose of mak
ing such other changes in the methods
of conducting national conventions and
campaigns as shall conduce to giving
the utmost possible effect to the princi-
pels and policies of the party.
‘It was further the opinion that such
a convention might properly and use
ful ly take any other action describable
to reunite the party and to give as such
that it stands for constructive and
progressive activities in the affairs of
government to the end that the common
welfare may be advanced.
“It was the unanimous belief of those
present that ttrfe changes suggested
should be made forthwith and that the
national committee be urged to take
such steps to such an end.”
, Robert Luce, former lieutenant gov
ernor of Massachusetts; Senator Borah,
Senator Kenyon, W. F. James, state
senator of Michigan, and James A.
Troutman, state senator of Kansas,
composed the statement expressing the
sentiments of the conference.
Much interest centered about the sig
nificance of including in the statement
the phrase about “reuniting the. party.”
Senator Cummins explained that “it
meant just what it said, “but that no
lengthy talk had been indulged in about
“inviting” members of the Progressive
party to return to the Republican
rank s
TARHEEL COLLECTBRSHIP
REACHES WHITE HOUSE
Simmons and Craig Urge A. D,
Watts, Who Is Opposed by
Secretary Daniels
(By Associated Press.)
WASHINGTON, May 12.—M.
House, of Austin, Tex.,, intimate friend
and adviser of President Wilson, said
good-by to the president today, as he
will sail in a few days for a long so
journ in Europe.
Governor Craig and Senator Simmons,
of North Carolina, and a delegation of
prominent persons from that state
urged the president today to appoint A.
W. Watts, of Statesville, N. C., collector
of internal revenue for the western dis
trict.
Mr. Watts claims his appointment has
been held up because Secretary Daniels,
who hails from North Carolina, has been
interested in bringing before the pres
ident other candidates for the office. Mr.
Wilson did not indicate his prefer
ence.
FLAGLER CONTINUES TO
GROW WEAKER STEADILY
All Hope of His Ultimate Re
covery Has Been Aban
doned
(By Associated Press.)
WEST PALM BEACH, Fla., May 12.
The condition of Henry M. Flagler is
practically unchanged today, though he
is steadily growing weaker. All hope
of his ultimate recovery has been
abandoned.
EUROPE CAN SEND
WOOD PULP FREE
WASHINGTON, May 12.—The cus
toms court today decided that European
nations are entitled to the free entry
of wood pulp and paper under the most
favored nation’s caluse” of their com
mercial treaties with the United States
because the free entry is granted to
Canada under the only operative clause
of the Canadian reciprocity agreement.
ADAMSON NAMES
RIPLEY POSTMASTER
BY RALPH SMITH.
WASHINGTON, May 12.—J. T. Tur
ner appointed postmaster at Bemiss,
Lowndes,county, vice E. Spell, removed.
Congressman Adamson announced to
day the recommendation of R. H. Bun-
lap for postmaster at Ripley, Harris
county, vice Howard R. Poer. The sal
ary of the office Is 51,300 annually.
ITS UP TO HIRAM!
PROVISIONS OF INCOME TAX ARE
MADE-CLEAR B¥-CONGRESSMAN HULL
BY RALPH SMITH.
WASHINGTON, May 12.—In addition
to the achievement of the house in pass
ing the Underwood tariff bill there w’as
another accomplishment done the last
few hours spent on the measure.
Through the cross examination to
which Representative Hull was subject
ed when he tacked on twenty-eight com
mittee amendments, many provisions of
the tax, hitherto stumbling blocks to
lay interpreters, have been explained.
In the amendments themselves was
contained, of course, the best indication
of what purpose had actuated the writ
ing of many of the clauses that had
proved puzzling. But the replies of
Mr. Hull to the man/ queries put to him
from both sides of the house form a
commentary sure to prove valuable to
the layman lucky enough to have more
than $4,000 yearly income, but unlucky
in that the parliamentary verbiage ol’
the bill denies him understanding of
just what Uncle Sam wants.
In the main, the amendments were di
rected to clarifying the bill. But three
changes of relative importance were ef
fected. They were an additional clause
excluding from taxable income “pay
ments paid or credited to the insured
on insurance, endowment, or annuity
contracts, upon the return thereof to the
insured at the maturity of the term
mentioned in the contract;” the exemp
tion of cemetery associations from the
tax, and the change relative to the ap
plication of the tax in Porto Rico and
the Philippines.
Of the questions raised all over the
country while the bill was still pend
ing, one of the most widely discussed
had to do with the inter-relationship
of the normal tax of 1 per cent and the
graduated additional or sur-tax. Under
the original form of tho Dill it had been
questioned whether if not the wealthier
class subject to the additional tax
would find exemption from the sur-tax
under the clause excluding from net tax
able income all corporate dividends'.
This question arose under Section B
of the tax law, wherein the method of
computing net taxable income was laid
down. The 1 per cent tax, it will be re
membered, applies to incomes from $4,-
000 to $20,000; and above that, the range
increases as follows: 1 per cent addi
tional on incomes exceeding $20,000 and
up to $50,000; 2 per cent additional on
that part of the income between $50,-
000 and $100,000, and 3 per cent addi
tional on all above that amount.
The computing section, before it w r as
amended, said simply that on all “net
income" the dividend exemption would
apply, hence the assumption that net
income include those above $20,000. The
real purpose of applying this exemption
only to incomes under $20,000, which
Mr. Hull had said was implied, is now
beyond doubt through the amendment
limiting the computing clause to “net
income for the purpose of the normal
(or 1 per cent) tax.”
Between the thunders of protest raised
by insurance companies on what they
claim are unjust applications of the
tax to their funds, and the equally loud
denials of the many-tongued majority,
Mr. Hull’s authoritative and concise ex
planations of the bill’s purposes con
cerning insurance funds, and the appli
cation of the committee amendments to
such funds, are of interest.
As the bill was enacted in the house
last night, the exemptions, as applying
to life insurance funds, were as fol
lows: Proceeds paid upon death, and
“payments paid to the insured on life
insurance . upon the return there
of to the insured at the maturity of
the term mentioned In the contract.”
INSURANCE FUNDS.
The general purpose, with regard to
insurance funds, to quote Mr. Hull, was
as follows: “The sole purpose and ef
fect of this bill from the beginning has
been only to re-enact the present cor
poration tax law in so far as the insur-
(Continued on Page Three, Col. a.)
SENATOR HOKE SMITH
DELUGED WITH LETTERS
J
Night and Day Sessions of
Senate Finance Committee
Keeps Georgian Very Busy
BY BALFH SMITH.
WASHINGTON, May 12.—The Demo
crats of the senate finance committee
have decided, to hold day and night ses
sions on the tariff bill and Senator Hoke
Smith is in a quandary as a result.
The senator receives on an average
of 125 letters a day. He has figured it
out that to read all of these letters
understanding^ and to dictate and sign
the answers they require takes at least
ten hours of his time. He bases his es
timate upon an allowance of five min
utes to each letter.
With day and night sessions of the
finance committee, the senator is unable
to see just how and when he will at
tend to his correspondence. When the
committee was confining its work to day
sessions only, Senator Smith managed
to keep up with his letters, working un
til midnight each day and getting an
early start in the morning.
The senator feels that he is.fortunate
in haing Josla Carter for his secre
tary. Mr. Carter is a fine “assistant
senator” and in the present contingency
will have his hands full helping Senator
Smith with his correspondence.
WILLIAM J. BRYAN SPEAKS
IN ATLANTA ON JUNE 6
Secretary of State to Stop
Over En Route to Wash
ington
BY RALPH SMITH.
WASHINGTON, May 10.—Secretary of
State William J. Bryan will be Atlanta's
guest on the evening of June 6, when
he will speak in the auditorium. Mr.
Bryan Informed Congressman Howard
this afternoon of his acceptance of his
invitation to visit Atlanta. He will be
at Auburn, Ala., on June 5, and will
stop overnight in Atlanta en route to
Washington.
CONSTITUTIONALITY OF
ELECTION LAW CONTESTED
(By Associated Press.)
NASHVILLE, Tenn., May 12.—The ex
pected attack upon the new amendment
to the general election law as unconsti
tutional came today when a chancery
bill was filed by some ninety citizens
headed by former United States Senator
W. H. Webb, seeking to enjoin from rec
ognition as members of the state elec
tion board those added to the board dur
ing the recent filibuster in the house.
The main allegation against t heamend-
ment is lack of a quorum in the house
when the effort was made to pass the
amendment over the governor's veto. It
is also alleged a quorum was lacking in
both house and senate when the three
new commissioners were selected by Joint
convention.
WELCOMED BY EUROPE
American' Commission Study
ing European Methods Be
gins Work First in Rome
(By Associated Press.)
ROME, May 12.—The American com
mission for the study of European sys
tems of agricultural co-operation and
farmers’ credits began its work this
morning, when the members heard the
reports of German, Hungarian, Aus
trian, French and Belgian delegates. All
expressed the satisfaction of their re
spective governments with the decision
of the United States to send a commis
sion to Europe, adding that they were
instructed by their governments to in
form the American commissioners that
all possible assistance would be given
to them toward the accomplishment of
their task.
During the session the members of
the American commission presented a
silver loving cup to David Lubin, of
Sacramento, Cal. Lubin first presented
the schejne for the foundation of the
international institute of agriculture to
the king of Italy.
Mr. Lubin offered his thanks, but de
clined to accept the gift, saying that
all the merit for the success of , the
institute was due to its president, Mar
quis Rafaele Cappelli, and, therefore,
the, cup should go to him.
Marquis Cappelli declared that he
would take the cup, not for himself, but
for the institute.
Three R’s Required
Of Postmasters In
The Fourth Class
(By Associated Press.)
WASHINGTON, May 12.—Fourthclass
postmasters must be able to read, to
count accurately the money they re
ceive, to measure the oilcloth on the
floors of their offices and to write at
least a decipherable letter once in
awhile, if they are taken under the
wing of the civil service. In effect they
must have a reasonable undertsanding
of "readin’, ritin’ and ’rithmetic,” ac
cording to regulations issued today by
the postoffice department.
* Persons to take the civil service ex
amination must be a citizen of the
United States over twenty-one years old
and must reside in the community
served by the office he aspires to fill.
No one will be eligible who is crazy, an
ex-convict, who has been dishonorably
discharged from the army or navy, or
w’ho is disposed, even occasionally, to re
duce the visible supply of strong drink.
All examinations will be conducted by
the civil service commission and will be
riot for appointment generally, but for a
particular office. The eligibility for ap
pointment after examination will be for
one year only, except in special in
stances. The examinations will not be
severe, but w’ill be sufficient to test the
business capacity of the applicants.
FIVE MEN KILLED
BY BOLT OF LIGHTNING
(By Associated Press.)
TULSA. Okla., May 12.—Five men
weer instantly killed and another per
haps fatally injured and four others
seriously hurt when lightning struck
the wagon In which they were riding
one mile northeast of Collinsville,
about twenty miles north of Tulsa to
day. One horse was killed. The driver
was uninjured. The man sitting next
to him had his shoes burned off, but
was otherwise uninjured. They were
employed by a pipe line company and
were on the way to the oil fields when
killed. *
RUMOR THAI FRANK
NOT TRUE, SAYS EAGLE
At Request of The Journal,
One of Numerous Reports
About Man Held in Phagan
^Case Is Investigated
At the request of The Atlanta -Jour
nal, the Brooklyn Eagle, one of the most
conservative and reliable newspapers In
the whole country, has investigated the
mo-t serious of numerous rumors which
are being persistently circulated about
the character of Leo M. Frank, super
intendent of the National Pencil com
pany, who is held in connection with
the death of Mary Phagan. That report
was to the effect that Mr. Frank, con
trary to his sworn testimony before the
coroner’s inquest that he had never
married but once, namely in Atlanta,
about two years ago, married while a
resident of Brooklyn, N. Y. The rumor
has been persistently circulated in vari
ous forms. 9
The Brooklyn Ekgle’s investigation of
this rumor is to the effect that Mr.
Frank was never married in Brooklyn.
His mother, now residing in Brooklyn,
says the Eagle, declares Mr. Frank
married in Atlanta and Atlanta only,
and there is no record in Brooklyn to
the contrary. This report from a reli
able newspaper 1» given to the public
in accordance with The Journal’s policy
to print all of the facts and nothing
but the facts in connection with this
case.
Attorneys declared Monday that even
If witnesses who could attack Mr.
Frank’s character could be found that
they would not be allowed to testify in
court should Mr. Frank ever face a
jury. The state is never allowed to put
the character of a defendant in issue,
and no past misconduct, however griev
ous or even if it is a matter ot court
record, is admitted in evidence unless
the defense first makes a point of the
character of the man on trial. This is
seldom done in criminal cases.
GHtAND JURY MEETS FRIDAy.
Solicitor Hugh M. Dorsey would make
no statement Monday as to the probable
time that the Phagan investigation will
reach the grand jury. The grand Jury
will hold another routine meeting on
Friday and its members have been di
rected to hold themselves in readiness
for a call meeting at any time. Solici
tor Dorsey will not even state whether
the case will be taken to the jury by|
him before or after the regular Friday
meeting.
Mr. Dorsey Monday set at rest the *
rumor that a bill, charging Newt Leef #
with the murder, would not be presented
to the grand jury for its consideration
when that body takes up the investiga
tion of the Phagan case.
In all cases, he says, where people
are committed to the grand Jury by a
coroner’s jury or magistrate’s ' court a
bill charging them with the offense of
which they are suspected is put be
fore the jury, even if at the time the
solicitor general expects a “no bill” to
be returned.
TWO “NO BILLS” NECESSARY.
Interesting in connection with the
grand jury’s connection with the Pha
gan case is the fact that should the
body return a “no bill” against either
Mr. Frank or the negro Lee or against
both of them, they would not be re
leased from custody.
To automatically secure the release
of a person held on a coroner’s war
rant or a magistrate's warrant, two
separate grand juries must return no
bills. The case is then “dead.”
The present grand jury will be in ses
sion until July 1, and the two men could
be held until after that date and after
another jury has “no billed” their cases
before they would be released.
A grand Jury is composed of not
more than twenty-three nor less than
eighteen members. Practically always
the maximum number is selected by the
court, for with twenty-three men sworn,
a grand Jury can then allow five of its
members to remain away from sessions
i fthey so desire, and still perform its
functions.
TWELVE MUST VOTE TO INDICT.
Twelve of the eighteen grand juror,
who must be present, must vote in
favor of an indictment before a “true
bill” can be returned. The indictment
requires twelves votes, whether eighteen
or twenty-three jurors are present when
it is qonsidered.
While it is not customary, if the
grand jurors themselves so desire, they
can have a defendant before it if he
wishes to make a statement, or theyX
can hear the testimony of any witnesses
for the defense, or listen to the argu
ments of any attorney for the defense.
As a rule, however, the grand jury sim
ply considers the state’s case and leaves
it to a superior court jury to decide
when the evidence to be introduced by
the defense is stronger than that of the
DETECTIVE LEAVES TOWN.
That the mysterious detective to
whom Solicitor General Dorsey was
quoted as referring last week in the
investigation of the murder of Mary
Phagan, is an out-of-town man was in
dicated by the solicitor himself Monday
morning.
“He left town last Friday,” said the
solicitor, “and while he was here he did
very valuable work. It is possible that
he may be called back into the case.”
Further than that, he would say
nothing about the case. He declined to
state whether the evidence unearthed by
the unknown detective strengthened the
case against the two men who have
been held for the grand jury, or wheth
er it led in some new direction.
WHO WROTE NOTES?
Mr. Dorsey would not state whether
or not the man’s work is complete. It
is probable that the “famous detective,”
although Mr. Dorsey does, not discuss
the point, will not return unless some
one is brought to trial for the Phagan
murder.
The detectives worked or) all phases
of the case and not particularly in an
effort to strengthen the case either of
the men held by ,the coroner’s jury, ac
cording to the solicitor.
It is said that at the detective's sug
gestion the solicitor has secured hand
writing experts, wfio offer the opinion
that the letters found by the girl’s body
were not written by Lee. This conflicts
with the opinions of several local hand
writing experts. )
Mr. Dorsey confirmed The Journal's
published statement that the public
knows now all of the important facts
in the case. “Nothing new or sensation
al has been developed,” said he.