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•VOLUME XVIII
SMITHS FME TO
ANSWER QUERY WILL
BE TAKEN INTO COURT
Counsel Tells Commission)
Such Information Might
“Embarrass Some Good,
Friends in the South"
By Associated Press. '
WASHINGTON. May 4.—Correspon
dence purporting to have passed between
Milton H. Smith, president of the Louis
ville and Nashville railroad, and the
late Samuel Spencer, president of the
Southern railway, relating to an alleg
ed agieen-ent, to divide the south be-1
tween the two railroads was intro
duced l»y counsel .for the interstate
tommerce commission at today s inves
tigation of the Louisville and Nash
ville’s affairs.
In the correspondence, the writ're
likened themselves to t'ottez and Pizar
ro. conquerors of a new world met to
divide it. one agieemg to take North.
America, the othei South America,
neither to touch the i-thmus and uh- ;
able to agtee on Patagonia.
President Smith said he iemembere-1
no—such «■■rrespondenve and character-I
iien it as ■’rot.""
The c«rre»j»cndence was dated in 1 «96 I
end resulted. Chief Counsel Folk of the .
interstate commerce commission said,
from a meeting- between Smith and ;
ej.encer at Kennesaw. Ga.. October IS.
ISM. The first letter from Mr. Smith
tr Mr. Spent er. Mr. Folk read into the
record as follows:
I «ear Fir:
••Pizarro—How shall we divide the I
new world ?
'•Cortes—l will take North America
and ycu can have all of South America
except—and neither of us will do any
thing to the isthmus without notice to
and co-operation of the other.
“Pizarro—While Patagonia is not a
very larae or important part jj( the;
world, yet. perhap-*--, it is as much as I '
can tote.”
This letter was dated “on Pennsyl
vania railroad train No. 21. February i
22. 1696." and after this introduction
took up details of the railroad situation ‘
ir .the south.
SPFNCKR TO SMITH.
The next letter, m parent!*' from spen
cer to Smith, was dated New York. Feb
ruary 39. IBM, and began.
“Private and confidential.
“Mr. M. H. Smith, president Louisville
and Nashville Kailroad, l-ouisville.
Kentucky.
“Dear Sit: Your letter of the 22d in
stant.
"Pizarro —Singe our last conversation ’
the division ot the new world between
■Ha has made sorrne progress.
”Cortea—Tes. you seem to have ac- '
.qclred Patagonia and I have secured a
considerable part of North America
which touched noy former territory, but
it seems to me you have acquired a '
considerable neck of the isthmus which i
is the connecting link between us. Was
it understood that connecting links
which toucher) both of us should be a
matter of consultation before acting or •
not?
“Pizarro--’’
The letter continued: “I agree that it*
is desirable to review the subject and I
i' practicable to make our understand
ing more specific. The principles on ‘
which 1 think this understanding should
based are:
“1. That neither the Louisville and
Nashville nor the Southern shall acquire I
lines in the territory of the other and |
t'.at line*’ connecting with or touching ;
• e and no? the other shall be regarded
an the territory of the one which they ;
v unect or touch.
“2. That neither will at quire liens
allied by former ownership, lease, or
otherwise. to the other and which at 1
the moment are not controlled by rea
son of pending reorganizations or other
cause.
“3. That neither will acquire lines
whkh vjmsect with or touch loth.!
either, directly or through subordinate •
or controlled lines without previous con- •
sulfation and. if possible. agreement.
v.GRKEMENT IF POSSIBLE.
■I. That neither will foster the con- J
struct lon of new- lines or the completion ■
•f unfinished ones into the territory of !
the other, but when questions with ref- t
«:»nce to such lines arise we shall pro- I
• erd by agreement with each other if i
|(>>ssib!e.
••Will ybu please consider this and say I
such a declaration ot principles is •
satisfactory?”
The letter took up specific lines in
detail. The next letter, dated March 6.
rd addressed to Mr. Spencer, contained
exceptions with reference to the Nash
ilie and Knoxville, the Memphis and
• 'harleston. the northern division of the i
C hesapeake and Ohio, the Mobile. Bir-j
rrtigham and Chattanooga, the Rome (
;:iid Columbus, possibly t«e Macon and
'hattanooxa Southern, the Tennessee
Central and other smaller roads.
After noting these exceptions, the
letter continued:
“I will say that the declaration of
principles is satisfactory.”
The detail® of the proposed agree
ment are discussed in the other letters.
“How did you make out on the di
vision of the new world?” asked Mr.
Folk.
“The Southern got everything it want
's*; »he T* &• N. didn’t get anything.”
>•;•. Smith replied “I didn’t even get
*. keck of the isthmus ”
Mr. Smith was asked to tell what
Happened at the conference at Kenne
saw. «la. He replied that the Southern
.„-t- then in proves* s of organization ar.d
that he conferred with Mr. Spencer,
over the organization plans. The wit
nesss had tried hard to have rates main
tained. in the face of general rebating,
I e said, and was interested in having
the Southern take over as many road®
an possible, where those roads were
r.ot needed by the i-. A- N.”
PREFERRED ONE BIG REVIVAL. J
"Then we would have one big road
in deal with.” he said, “and It would!
be much easier to maintain rates than
to do so by agreements with a whole!
lot of little fellows.”
Do yor remember at this meeting!
refusing to make an agreement with
Mr. Spencer not to com|»*te —to divide
rhe territory?"
Mr. Smith laughed
“Yes.” he said, “one of us wa:* t**:
take North America and the other;
South America.”
“You remember.” asked Mr. Folk.
• that once you wrote a man in Georgia;
(Continued on Page 7, Col. 3.)
BERLIN ANNOUNCES
VICTORY FOR FRENCH
NEAR HILL OF DEATH
Germans Officially Report That
French Have Gained Foot
hold in One of the German
Avance Posts
(By A»t iated Press.l
WASHINGTON. May 4.—The French
are continuing their counter offensive
movement near Dead Man Hill, in the
Verdun region. After their capture of
German positions northwest of the
height, announced last night, they con
tinued their advance during the night,
besides consolidating the positions al
ready taken, according to this after
noon’s official bulletin.
The German war office -.■fficially an
nounced today that the French have
obtained a foothold in one of the Ger
man advance posts south of Dead Man’s
hill.
No other notable infantry engage
ments are reported from the western
front, but there has been grenade fight
ing in the Avocourt wood, southwest of
L»ead Man Hill, and heavy artillery
bombardments elsewhere in the district
west of the Meuse ami in the Vaux re
gion. northeast of the fotress.
Additional Russian troops have been
landed in France for service on the
western front. The fifth contingent to
arrive at Marseilles reached that port
today.
Germans Announce
Victory for French
By Associated Press.)
BERLIN. May 4.—<Via London.*—lt
is 5 fficially announced that the French
have obtained a foothold in one of the
German advance posts south of Dead
Man hill.
The announcement was made in to
day’s army headquarters statement,
which reads:
"Western theater: In the sector be
tween Armentieies and Arras there has
been some lively righting. Near Souchex
and northeast of I«ens there have been
some mine engagements ami similar
fighting near Neuville. Northwest oi
Lens an attempt by the English to ad
vance following some mine explosions
failed. In the section of the Meuse the
artillery fire on both sides increased
with great violence during u:e • .ening
and was exceptionally violent in the
night. A French attack against o.n
positions on the slopes to the west ot
Dead Man Hill were repulsed. *To the
southwest of the hill the enemy obtain
ed a foot hold in one of our advanced
posts.”
French Continue Their
Advance at Verdun
ißy Associated Press.!
PARIS, May 4.—tne advance of the
Bench in the district of Dead Man
Hill on tile Verdun front was contin
ued during the night, the war office
announced this afternoon. The gains
made yesterday were increased and con
solidated.
As a consequence of the French ar
t’llery preparations at Dead Man hill
yesterday the statement says two Ger
mans surrendeied. stating they were the
sole eurvivois of the men in their
trench.
Elsewhere west of lhe Meuse there
was active fighting with artillery. An
engagement with grenades occurred in
Avocourt wood
In the region of Vaux. east of the
Meuse, there was an artillery encoun
ter.
French artillery destroyed a munitions
depot at Grande Dune. Belgium.
The statement follows;
“In Belgium our artillery fire dis
mantled the works of the enemy at
Grande Dune and taused the explosion
oi a depot of munitions. West of the
River Meuse there has been a violent
bombardment in all the sectors, together
with lighting with grenades in the wood
••f Avocourt
"As th*» night progressed we enlaiged
and consolidated the gains we nia’de yes
terday at Dead Man hill. Previous re
port.-, that the losses of the enemy were
considerable have been confirmed. The
preparatory fire of our artillery was
particularly effective on the enemy. At
one point two German soldiers crime
forward and surrendered kt the midst
•»f our fire. They explained they were
the last survivors of the occupants of
tl.eir trench.
"East of the River Meuse there has
been a bombardment in the region of
th* Vaux.
“In the Woevre district our artlllt+y
has taken part in a number of ma
i.divers, including the concentration of
a heavy fire. Our troops operating in
the vicinity of Aparges compassed the
explosion of a mine: other men at once
moved forward and occupied the crater.
“East of St. Mihiel yesterday a
strong reconnoitering party of the ene
my came forward from its lines in an
endeavor to occupy one of our positions
not far from Apremont. French forces
(Continued on Page 7. Column 1)
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■ i —— l R. F. DSTATE
SCOTT S NOTE FROM
BORDER SATISFIES
PRESIDENT WILSON
Indications for Early Ratifica
tion Follow an Earnest Pe
rusal of Agreement With
Obregon
(By Asw.iated Preis.)
WASHINGTON. May 4—Major Gen
eral Scott's report on his conferences
with General Obregon, Carranza's wa:
minister, laid before President Wilson
today by Secretary Baker, was charac
terized by officials as "satisfactory."
The American government is ready to
accept in its main points, the agree
ment for the future pursuit of Villa and
his bandits drawn up by General Obre-*
gon and General Scott. This was de
cided at a conference today between
President Wilson and Secretary Baker.
It is understood to provide tor the
use of Mexican railways and sets nc
definite time—-such as sixtj days as has
been reported—for the withdrawal oi
General Pershing's forces.
While the terms of the tentative
agreement will not he niav'e public at
least until after a conference between
President Wilson and Secretary Baker
today, it is understood to provide that
American troops shall not go farther
south than they now are and will be
withdrawn as soon as the Carranza gov
ernment convinces the United States ol
its capacity to protect the American bor
der territory, it also provides for co
operation with Carranza troops for
cleaning op the bandits.
Some slight changes in the agreement
as made between General Scott and
General Obi egon may be made here, hut
they probaldy will be unimportant. The
indications are that Secretary Baker will
recommend to the president the accept
ance of the agreement. which is de
scribed as a purely military 'one.
No action looking to ratification of
the agreement was to be taken pending
a careful review of the report by Presi
dio t W ilson, who is said to be handling
the Mexican problem peesonally. Secre
tary Baker indicated that the agreement
might be the subject of further dis
cussion between Generals Scott and
Qbregon in as much as it is tentative
and witnuut effect pending ratification
between the Washington and Mexican
governments.
If the proposed agreement is ratified,
it is expected that immediate steps
will he taken by the administration to
permit exportations of arms and am
munition to the I'arranza forces, large
quantities of which are said to be await
ing shipment into Mexico. Assurances
1< that effect are sgld to have been
given Mexican embassy officials as the
result of conferences with state and
department officials.
Formal announcement of the posi
tion of the American government will
not be given out until General t’arranza
has had opportunity to pass on the re
port submitted to him by General Obre
gon. As soon as that is done another
conference between General Obregon
and General Scott will be held on the
border and the negotiations will be
formally concluded. Officials here take
it for granted that General Obregon
would not have made an agreement
which would not have been accepted by
his chief.
The agreement provides for the co
operation of American troops and Car
ranza soldiers in clearing northern Mex
ico of bandits. Mexican railroads will
be utilized for the transportation of
supplies for the American troops. While
no time limit is set for the withdraw
al from Mexico that will be done as
soon as there are definite indications
that American border towns are no lon
ger in danger of raids.
Secrteary Baker and President Wilson
received the agreement at length today
and Secretary Baker sent a message to
General Soott on the future ocnduct of
the negotia’ions.
Officials characterized the agreement
as "satisfactory.” but whould not state
whether every detail was acceptable.
When the negotiations are ended
President Wilson probably will make a
statement.
IS EPILEPSY CONQUERED?
New Jersey Physician Said to
Have Many Cures to His Credit
RED BANK. N. J.. May 4.—Advices
ficm every direction fully confirm pre
vious reports that the remarkable treat
ment for epilepsy being administered
by the consulting physician of the
Kline Laboratories of this city is achiev
ing wonderful results. Old and stub
born cases have been greatly benefited
and many patients claim to have been
entirely cured.
Persons suffering from epilepsy should
write at once to Kline Laboratories,
Branch 104 Broad street. Red Bank. N.
.1.. for a supply of the remedy, which is
being distributed gratuitously.—lAdvt.l
\ I'LANTA, (JA.. FRIDAY, MAY 5, 1916
NO TIME TO PARLEY!
. —— J -
I 7 I ( a^ lCl<! )
/ ' n. ‘
\ A
fez 01 W
I
I
z / / — z I
?•; / J ' JI
RUMOR 9F PEltt MOVE
SENDS CD'TTDN PRICE IIP
i
Spot Cotton in Atlanta Goes to
12 5-B~Up 16 to 22
Points in New York
Spot cotton in Atlanta Thursday
reached a new high level for lhe
1915-16 season, middling cotton being
quoted at 12 5-8 cents basis, or an
eighth of a cent over the high point
reached Tuesday of this week, and only
once before last year.
The advance in local spots followed a
strong demand for cotton here and re
flected a sympathetic tendency to follow
New York and New Orleans futures,
which registered net gains oi from 16
to 25 points on new miners of peace in
Europe after a rather disappointing
opening when a little reaction carried
July contracts down to 12.3!» and Octo
ber to 12.49, or within a point or two
of Wednesday's closing.
These markets became firm after the
tl o’clock call and at midday <>. revival
of peace rumors, bullish spot advices
and a more favorable view of political
conditions, forced the pi ice ot’ cotton
upward.
New York spots were quoted at 12.C5.
showing a gain of 15 points, and in New
Orleans spots were 12.25, or 1? points
up.
Cotton in New Orleans
Goes Up $1 Per Bale
(By Associated Press.)
NEW ORLEANS, May 4. —Rumors of
a movement for peace in Europe caus' d
feverish activity in the local cotton
market today, resulting in a rise ot’
more than $1 a bale in the trading up
to noon. The market showed a dispo
sition to improve just after the opening
but the real strength came about the
middle of the morning when rumors
were ciiculated that Germany was
making a move for peace through the
good offices of the United States. Local
buying, became heavy and brokers han
dled large outside business.
GERARD CABLES HE
EXPECTS TO RECEIVE
GERMAN NOTE SDDN
Ambassador Gives No Hint of
What Kaiser's Reply to U. S.
Demands on U-Boat Issue
Will Contain
<By Associated Press )
WASHINGTON, May ■». —Secretary
Lansing annoi need today t|iat a dis
patch from Ambassador Gerard, dated
yesterday, said the ambassador expected
to receive today the German reply to
the American note demanding immediate
abandonment of present practices of sub
marine warfare.
information as to the contents of Ger
many’s reply to the Americarf note sent
more than two weeks ago demanding
that Germany declare and effect an
abandonment of its present methods of
submarine warfare.
Chairman Stone, of the senate foreign
relations committee, called on Secretary
Lansing and briefly discussed the Ger
man and Mexican situations.
"Judging from the newspapers, the
tensity of the situation with Germany
is very much less than it was,” said
Senator Stone. “It also appears they
have reached some agreement on the
border.”
Senator Stone said there was no oc
casion for congressional action as the
situation now stands.
President Wilson, Secretary Lansing
and Col. E. M. House held a long confer
ence at the White House last night nd
it is understood the submarine situa
tion was discussed. Sec. Lansing said
later that he had received absolutely
no word from Berlin regarding the char
acter of the German note.
JOSE M.SULLIHN HELD
FDB PUT IN IRISH REVOLT
Former American Minister to
Santo Domingo Is Arrest
ed in Dublin
k LONDON, May 4.—James M. Sullivan,
of New York, formerly American min
ister to Santo Domingo, has been ar
rested in Dublin on the charge of com
plicity in the Irish rebellion.
WASHINGTON, May 4. —James M.
Sullivan’s career as American minister
to the Dominican republic was brief and
sensational and ended m his resigna
tion under charges which a commission
appointed by thg state department
headed by Senator Phelan investigated
and found he had been guilty of in
discretions which unfiitted him for his
place. The charges concerned Sul
livan’s alleged participation in con
tracts on the island, but no evidence
was found that he had profited.
Sullivan had been a lawyer for Jack
Rose, one of the gamblers in the Rosen
thal murder case. His appointment gen
erally was credited to former Secre
tary Bryan, who in looking for a place
for him, wrote Receiver General Vick
in the Dominican republic asking “what
positions you have at your disposal
with which to reward deserving Dem
ocrats.”
Secretary Tumulty disclaimed respon
sibility for Sullivan’s appointment and
told the investigating committee he
acted simply as the medium of trans
mitting Sullivan’s endorsements.
Sullivan was exonerated once by Sec
retary Bryan, but the charges against
him would not down and a second in
vestigation resulted in his resignation.
Former Governor Ijort, of New Jer
sey, who. conducted the first investiga
tion declared Sullivan was "a big-heart
ed, good natured, honest Irishman.”
Sullivan sailed from New York last
July for Liverpool with his wife and
Ison, saying he was going to Limerick,
ilreland, to visit his mother. He was
|born in Killernay, in 1873 and came to
the United States in childhood.
Justice Has Been Swift
• For Rebels of Ireland
(By Associated Press.)
i DUBLIN. Wednesday May 3.—Justice
I has been swift in the case of the lead
iers of the Sinn Fein rebellion. Three
of the ring-leaders, signatories of the
of the short-lived Irish re
public, paid the supreme sacrifice ves
: terday morning. They were Patrick
Pearse, the scholarly president of the
orovisional government: Thomas Mac
l Donagh and Thomas J. Clark. Their
death sentences were pronounced by the
ifield general courtmartial a/id were duly
I confirmed by the highest authorities,
iOf the other signatories, James Connol
! ly is lying in prison wounded, Sean Mac
| Diarmad, Eamonn Ceannt and Joseph
I Plunkett are somewhere in Ireland,
i w hether free or captured is not publicly
.known.
The other ring-leaders in custody in
Ireland are being tried with great
rapidity by the central courtmartial,
while the local is dealing
with minor rebels in various districts.
Tobacco Habit Banished
In 48 to. 72 hours. No craving for
tobacco in any form after completing
treatment. Contains no habit-forming
drugs. Satisfactory results guaranteed
:n every ca-e. Write N*w®l rharmacal
so„ Dept. 5. St. Louis. Mo., for FREE
i Booklet. "TOBACCO REDEEMER” and
j positive proof.—(Advt.)
NUMBER 62
STATE COMIVIinEE
REFUSES TO BAR
PARIYE> BDLTERS
(Motion to Pass Special Rule
! Motion to Print Old
Rule on Ballots Are Both
Defeated at Macon Meeting
BY HABLLEE BRANCH,
Journal Staff Correspondent.
MACON, Ga., May 3.—The Democratic
state executive committee of
which met in Macon this morning lai
advance of tne meeting of the sYatef
convention, refused to pass a
rule barring bolters from participation!
in the Democratic state primary to b#
held this year.
The committee likewise refused tes
print on the ballots the ’old rule ple<fg®i
ing voters who participate in the pri
mary to support the primary nominees.
The committee simply reaaopted th®
; old rules in toto with the exception that
five days will be allowed for filing con-,
tests instead of one, and with the ex
ception as to the date of lhe state pri
mary. which was fixed tor Tuesday,
tember 12. and the date of the conven
tion. which was fixed for Tuesday, Sep
tember 26, in Macon.
The old rule pledging voters who par
ticipate in the primary to support th»
jrimary nominees reads as follows:
“The primary election shall be con
ducted ’n accordance with the laws o€;
this state and the customs of the party:
in so far a-s those customs do not con-,
flict with existing laws. All wnitu
electors who in good faith will pledge*
themselves to support the Democratic
candidates for all offices to be voted'-
or. this year are hereby declared quali
fied to vote in said primary; and tha
act of voting in said primary shall
constitute the aforesaid pledge.”
Debate on the question ot passing?
a special rule to bar bolters from th®
primary was launched immediately after
the committee met, by the introduction
ot a resolution br John T. West, of
Thomson. Ga., declaring it to be th®
sense of the committee that such a
rule should be adopted
Those who led the debate in support
of such a rule were Mr. West and J.
i; Norman, of Liberty countv.
PRINTING OLD RULE.
Colonel Bob Travis, of Chatham coun
ty, favored printing the old rule on tha
ballots, and was supported by Clarß
Howell, of Fulton county, who declared
he could see no harm in printing -th®
old rule on the ballot ’, #
Oppposition to the passing of any spe
cial rule and to the printing of the old
rule on the ballots was led by J. B,
Jackson, of Jones county. G. A. Coswell*
, of Wilkinson coiinty. Herbert Clay, Os
Cobb county, and J. R. Branan, of Bul
loch county.
G. E. Maddox, Os Floyd county, said
he would like to see something done
to keep cut the bolters, but he knew
of no rule that would be effective, 'as
Watson and his followers will swallow
any obligation and then bolt the prima
ry when it pleases them.” ,
John W. Bennett, of Ware county,
likewise felt the necessity for some
thing to keep out bolters, but he de
clared experience had taught him it was
unwise to print any rule on the ballot.
K. L. Smith, of Fann’n county, urged
the committee to authorize eounty
ecutive committees in counties wher«
Republicans maintain a regular organ-.®
zation to pass special rules to protect
the Democratic primaries against par®
ticipation .by Republicans. He said Res
publicans are organized in six counties
in the Ninth congressional district. Thgj
committee voted down his motion.
DETAILS OF MEETING.
Immediately after the roll of
state Democratic executive committee
had been called this morning John T.
West, of Thomson, started the discus
sion by offering a resolution to the ef
fect that it be the sense of the commit-j
tee that some reasonable rule be adopt-,
ed that will allow only Democrats t«x
vote in the Democratic primaries and
such Democrats to support the nominees.
Mr. West declared that the politicalj
history of Georgia for the past ten
years showed that there had been hard
ly a county, district or state primary in
which enemies of the party had not,
participated, making it necessary to
have two fights, as these enemies would
immediately start a fight on the nomi
nees.
"I want the enemies of the party
placed on the other side of the fence.”'
said Mr. West. *We ought not to have
to fight them inside the party as they
have no business here.
“We represent the Democratic party*
vs the state and are today preparing to
hold a Democratic convention to select!
Democratic delegates to a national Dem
ocratic convention.
“We io not want mugwumps. Repub
licans Bull Moosers or any but Demo
crats to vote in our primaries—I>emo-
crats in reality as well as in name.”
J. it. Jackson, of Jones, offered as a«
substitute a resolution providing fbr
adoption of the old primary rules which
governed two years ago. This brought
on a vigorous discussion, as the substi
tute would reaffirm the county unit plait
instead of the majority rule and would
admit all white voters to participate who
I would pledge themselves to*support th®
| nominees of the primary.
J. B. Norman, of Liberty county,
urged that all traitors be eliminated
fre m the party.
"NO GAG RULE.”
G. H. Coswell, of Irvington, urged
that “no gag rule” be applied, declar
ing that such a rule would- result sint.
' ply as an invitation to the rascals to
come in and knife the party.
Colonel Bob Travis argued that if
■ there is to be a pledge or obligation it
should be on the ballot so that the
voter will be advised when he is voting
that he is assuming an obligation. He
said he did not favor an oath for the
voters.
He declared he was not ( in favor of
forever -barring those who had at one
time or other been a delinquent, but
that it is necessary to have some kind,
of qualifications for voters so that those z
who bolt may not be allowed to turn’
around and in the succeeding election
vote against the nominees he obligated
; himself to support.
Herbert Clay, of Marietta. solicitor
general of the Blue Ridge circuit,
strongly opposed any rule prescribing
a pledge which would drive voters out
of the party. He took the position that
all white voters shoujd be invited to
come into the party and leave the obit-
(Continued on Page Two, Col. Two.)
