Newspaper Page Text
SOUTHERN RECORD SUCCESSOR T0{5SSS.%SSSSKii 1 .IS:}
VOL, XXIV.
GOV. ATKINSON’S
MESSAGE.
Governor Atkinson, in his message,
■which was sent to the legislature yester¬
day, makes a sensational arraignment of
mab and iynch law.
He does not hesitate to declare tha(
Innocent men have bren lynched during
bis administration and as one of the
remedies for mob violence asserts that a
prisoner when assailed by a mob should
be given a weapon by the officer in
charge, be unshackeied, and be allowed
to defend himself.
The governor’s comments are at eonsid-
enable length asd are extremely striking.
He says that any woman' can have a
man murdered by a mob by simply de-
claring lhat he had assaulted her and
that under mob rule life cannot be safe.
He makes a strong plea for law and or¬
der and asks the passage of an act un¬
der which counties may be sued and
verdicts of not less than $1,000 be obtained
by the heirs of any man killed by a mob.
The governor sets forth his views on the
convict question as already printed in
full in The Journal.
Among other things he advocates put¬
ting street railway companies under con¬
trol of the railroad commission.
Stripped of purely routine matters, the
message is as follows:
NORTHEASTERN RAILROAD.
On the 28th day of May, 1896, after ad¬
vertising for bids as directed in act au¬
thorizing a lease, the Northeastern rail¬
road was leased to E. A. Richards & Co.
at the sum of $18,600 per annum, payable
quarterly, for a term of 20 years, from the
first day of June, 1896, and a bond taken
in conformity to law.
The rent was paid for two quarters.
When the rent for the third quarter fell
due on (lie first day of March, 1897, it was
not paid, and when two months’ time.
In which they were permitted under the
law to pay this, had expired, the rent was
still unpaid.
By virtue of authority vested in me I
then seized the road «nd have since oper¬
ated it for the state under the direct
management of Hon. R. K. Reeves, who
was appointed by me state agent.
I submit herewith a statement showing
the net earnlngsfor each month for which
report has been made to me:
May.. .. .. .....$ 742 9S
June..... ..... 751 50
July..... ..... 1,143 49
August.. . ..... 1,374 47
September ..... 2,000 00
Total.. .. .....$6,012 44
The months covered by those reports
arc the hardest of the year, but It is grat¬
ifying to be able to state that they show
an increase over the earnings in the same
period when previously operated by the
state.
Under present conditions we can safely
roly upon (the net earnings of) the road
earning a good income on the sum at
which It was purchased by the state, to
wit, $100,000, and it will more than pay in¬
terest on the series of bonds issued to re¬
tire the $287,000 of bonds on said road, up¬
on which the state of Georgia was en¬
dorser.
As tliis is a short and dependent line,
and in view of possible changes in the
railroad situation which might impair and
possibly destroy its value, I recommend
that an act be passed authorizing the
governor, at his discretion, to offer it for
eaie whenever, in his opinion, it can be
sold for the amount of the bonds issued
by the state to cancel the series above
mentioned.
RAILROAD COMMISSION.
Your special attention is called to that
part of the report of the railroad commis¬
sioners in which legislation Is recommend¬
ed to enlarge their powers, and to better
enable them to enforce their decrees.
These recommendations, briefly stated,
are:
Control of issuance of stocks and bonds
of railroads.
Removal of ail doubt of authority of the
commission to require the erection of de¬
pots, and additional power to require the
construction of sidetracks.
Power to regulate the interchange of
freights and cars in order to secure to
shippers the right to route their goods
and to prevent discriminations.
Speedier methods of enforcing the or¬
ders of the commission to compel rail-
roads to immediately accord to the public
rights which are due them.
After asking for this legislation the
commission adds:
“We have exercised, and are now exer¬
cising, all the authority that has been
granted us. Our experience, and the com¬
plaints continually received from the peo¬
ple, clearly indicate that the additional
authority recommended is necessary to
their protection. If they expect relief in
these particulars they must look, not first
to this commission, but to their senators
and representatives whom they elect to
the general assembly, and who alone havg
the power Jo authorize the commission t*
correct the ills complained of.”
You cannot be too careful in legislating
upon the subject of railroad control. A
wise and rigid control of these properties
is of the utmost importance to our people,
and is essential to thi growth of our com¬
merce.
STREET RAILROADS.
I advise that the authority of the rail¬
road commission be so extended as to give
them power to regulate charges on street
railroads, and exercise such control over
them as may be needed to give good ser¬
vice to the public, and adjust disputes be¬
tween them and the public when made
by any party interested, or by the author¬
ities of the city ir. which such street rail¬
road may be operated.
The sole power to determine those
auction* whmild not vest % in ^authority the street
The to
rass upon them should be vested in some
tribunal, and that tribunal should not be
in the control of, or created by. those
direct* interested in the questions to be
submitted to it.
telephone systems.
The railroad commission now has juris-
diction over railroad, telegraph end ex-
Press companies
The ,»*>«« .he
stale to frive them authority over these,
demand that their power be so extended
as to bring under their control all tele-
Phone companies.
The charges made by telephone com-
rardes should be fixed by the commission.
In my opinion they are now so excessive
In their charges as to demand the inter-
ference of the state in behalf of the citl-
tens.
Eaeh of these companies are what are
usually termed natural monopolies, ana
should be controlled by the ^ e J^ raent ’
UDUU ' AT’rnvAT, ‘ INTERESTS.
T . re , has , been a cor.- ---.stmt and marked
schools. . ..
improvement in our common
The steady and gradual increase In the
appraprlattons for thedr maintenance has
r it, 1 miiuinivimr m the number of
1 °
perm anent schools, arousing . greater ... in- m
ierost' among the people in education. build-
Improving the character of school
ings and Increasing the efficiency of
teachers.
In this campaign against ignorance °
columns should not retreat, but move
steadily to the front, until the enemy m
vanquished -and the banner of “= r *
knowledge S and virtue floats In triumph
over the fleld.
UNIVERSITY OF gEOROIA..
Th* people of the state are co&*
-
be ontbefn efofb.
gratulated upon the ever Increasing pros-
perlty and usefulness of their university.
With the increased room and facilities
furnished by your late appropriation
thereto, and the purchase of the n«w
farm, if assured of permanency of its
income, its still greater usefulness can
not to be doubted.
On the 7th of October last two hun¬
dred and sixty-seven students had been
registered. Of them sixty-five per cent
are members of various churches, to wit-
® n ® hu " dred Methodists, eighty-one Bap-
t^sts, Episcopalians, thirtj-eight five Presbyterians, thirty
three Christians., Catholics, six Jews
I nitarian. Of one Lutheran and one
the fathers of those stu-
dents seventy-eight are farmers, fortv-
four lawyers, forty-two merchants, nine¬
teen doctors of medicine, nine bankers
six teachers, s !x preachers, and eight in¬
surance men, besides various other oc¬
cupations.
For further details you are referred to
the annual report cf the chairman of the
board of trustees, submitted according
to law.
GEORGIA SCHOOL OF TECHNOLOGY.
I am pieased to note the increased at-
t<-ndan «<5 at the school of technology. The
hu ? drtd an<1 twenty-five students now
there give evidence that practical educa¬
tion is receiving serious attention of our
pe:p'e. The school effers scientific
courses of high grade in mechanical, elec-
trical and civil engineering.
The new dormitory is filled with stu-
dents who are under wholesome regula¬
tions and protected from evil influences
by the supervision of the authorises. A
high standard in scholarship and skill in
shopwork is required, and the school
takes rank with the best technical insti¬
tutions in the country.
Georgia, being near the center of
cotton growing area of the Union, should
provide for the Instruction of her sons in
the manufacture of cotton goods. New
England has taken steps in this direc¬
tion for the protection and advancement
of her manufactures. The textile schools
which have been established at the north
are hound to militate to the detriment of
our own cotton industries unless they
are mot with similar institutions in the
south. A department of textiles should
be added to the School of Technology for
the purpose of giving our young men the
opportunity of becoming experts in the
manufacture of cotton goods, I am as-
sured that such a measure would re-
ceive substantia! aid from' many promi¬
nent firms and citizens, and on account of
the present excellent equipment of the
school, the first cost would be reduced to
a minimum.
NORMAL-INDUSTRIAL COLLEGE,
This institution, whose curriculum em-
braces a literary, a normal and an indus¬
trial course, is doing a great work for
the state by supplying its schools with
well educated, trained teachers, develop¬
ing the brain and increasing the culture
of her daughters, and rendering them
capable of being, when necessary, self-
sustaining and independent.
So great is the popularity of this col¬
lege that had its accommodations been
adequate it would have in attendance 600
students.
Several hundred applicants were un¬
ci hie to gain admission at this term on ac¬
count of the limited accommodations.
The course of study in the normal de¬
partment is considerably in advance of
the examinations given applicants for
first grade license in our common schools.
Under existing laws the graduates of
the North Georgia Agricultural and Me¬
chanical college at Dahlonega, State Nor¬
mal school at Athens, Middle Georgia
Agricultural and Mechanical college at
Miiledgevil’e, Gordon institute at Barnes-
ville, are permitted to teach in the com¬
mon schools without further examination.
I therefore recommend that the same
right be accorded the graduates of the
Georgia Normal and Industrial college.
STATE NOMAL SCHOOL.
This school has become a very valuable
part of our educational system and is
worthy of your aid and encouragement.
In the management of various public
Institutions it has been found of great
advantage to the Institutions and a relief
to the officers in charge to have some of
the trustees located so as to be accessible
to the institution. It is not advisable to
caange the personnel of the present ex¬
cellent board of commissioners who are
charged with the Immediate control of
\ne institution, and as their present num¬
ber, five. Is rather small, I recommend
that the governor be authorized to ap¬
point, from the county of Clarke, two ad¬
ditional members to said board.
DAHLONEGA COLLEGE.
I enjoyed the pleasure of attending the
commencement exercises of this very ex¬
cellent institution, and gladly testify to
Us usefulness. It Is doing a magnificent
work for North Georgia, and deserves the
encouragement which it has received at
the hands of the general assembly.
The governor recommends the appoint¬
ment of a state penitentiary agent and
that bids be received for all the state’s
purchases.
He recommends that the state treasurer
be authorized to lend out the sinking
fund of $100,000 on the state’s bonds.
The governor makes war on bucket
shops. He says:
“The evill that is being inflicted on the
state by the operation of what is known
as bucket shops is incalculably great.
The possibilities of great wealth with
which these places allure their victims
are well calculated to mislead and en-.
trap men eager to grow rich, and is a
tempting bait especially to young men.
Lives are being constantly wrecked and
fortunes squandered by these tempters.
The material and moral welfare of the
state demand that the bucket shops be
suppressed.”
On election laws the governor says:
Laws regulating elections should effect-
uaily prevent fraud, and so guard the
right of the elective franchise that the
destiny of our state will be entrusted only
to those citizens whose ballot is unpur-
chasable. * * * The amount of money
which can he used by a candidate before
the general assembly should be limited,
the purpose specified by law, and the
successful candidate should be required,
before he assumes the duties of his office,
to exhibit and file a sworn itemized state¬
ment <of expenses which should not ex¬
ceed the amount allowed by law.
For a violation of this law he should
forfeit his right to the office to which he
is elected.
The proposed measure should be euf-
ficlently eomprebensive to specify the
purposes for which money can be used
in a campaign in a party primary or final
election, and free officials from that obli-
! Station, which is incurred by personally
! to
j j ot^HcHor^ge lf . ^ ^stance candidates ^fhe office ’
^ by d lrect
■ ^ contributions to place^ca^idafo^and^the
Sj. influence of
., he te8t of merit. The money
in politics is already too great and should
be promptly reduced to a min mum.
*U
j ^ no ‘ man permitted not a resident to contribute ot a
^ s hould be
nfluenSs - unty election. To prevent undue
‘ v,^ of money from this source,
* uc ? contributions should. In congression-
■ mmfftee^and am t>aigns be given to the district
in state campaigns to the
| a : a ' ® committee, to be by them expended
" her e V„i 5 think best.
j ! THE T vorp aw OF CRIME
■
( Increase of our prison population is
„ a matter mat te r wr for > serious consideration. In 1869
there were only 393 convicts In our pent-
! 1871, 3&>; , .n 1874, 616, ar.d - now
tentlary; t n
j ! there are 235 - This, - of course, does not
j include those in Che county chaingongs,
■■
numbering urin, about abo 1850 ,
,
The nljmber in the penitentiary would
• b for b y your
be larg .
eien - - -
predecessors, urider the provisions of
! number mimber wno who were were convict- coruict
which a . large
j ^ of felony has been sent to the countj
cnamgangs. . , _
in 1S71, 15 per cent, of the convicts were
wbU®/ ami in ISST 8 cent- kTP whit®,
TOCCOA, HABERSHAM COUNTY. GA • FRIDAY, NOYEMBER 5.1807.
i
has been small, our penitentiary has been
rapidly replenished from the ranks of the
colored population. The number of con-
vlots in recent years is much larger than
just after they were given their freedom.
More were received into the penitentiary
in •the year 1896 than in the years 1SS9,
1S70 and 1871 combined. The whole num¬
ber of convicts received from the estab¬
lishment of the penitentiary, March 10,
1817, to October 26, *1866, a period of 49 i
years and < months, was 2,029; total num- i
' _r t * ie * our >' ear3 » 1894-5-
t
Th» Ihe following table Will shOW the Com- |
mitments to the penitentiary for tue last
eighteen (18) rears- Vro\t
I’OMVITVFVTS ' 1 " FROM 18<8 1S-S rn TO 1S9S. 1 R<K j |
.„ Two Oct.,
Two years, 1873, to Oct., 1880...... 423
years, Oct., 1SS0, to Oct., 1882 ...... 588
Two years, Oct., 1882, to Oct., 1884...... 596
,
Two year.,, Oct., 1884, to Oct., 1886...... ji 7 j
Two years, Oct., 1886, to Oct., 1888.. 775
Two years, Oct., 1883, to Oct., 1390.. 966
Two years, Oct., 1890, to Oct., 1892.. 1,090
One year, Oct., 1892, to Oct., 1893..
One year, Oct., 1893, to Oct., 1894.. 638 ;
One year, Oct., 1894, to Oct., 1895 ...... 635
One year, Oct., 1905, to Oct., 1896 528
Total for 18 years 7,747 |
This result has been reached in spite
of the fact that in addition to what has
been done by towns and cities support¬
ing local school systems, we have spent
within that time about four million dol¬
lars in an effort to educate the colored
people that they may become better citi¬
zens.
The governor adds:
The best of the race intellectually and
morally should be selected to teach in
public schools. The law should require
the school authorities to look closely into
the conduct and character of each ap¬
plicant before license is granted to teach.
This provision should apply alike to
white and black. Tn every way possible
we should endeavor to improve the morals
of the people by imparting, through the
school room, correct principles and pure
morality. The teacher should not only
train the mind, but build noble charac¬
ters.
CRIME AND LYNCHING.
The graver crimes are of alarming fre¬
quency and more seriously affect that
portion of our population who reside out¬
side the towns and cities. In these sec¬
tions, the crime of burglary, arson and
rape have become more frequent than in
the years of disorder which followed the
civil war.
The frequency of the offense of rape
has become alarming in the extreme, and
seriously interferes with the security and
ooirjfort of living In the country. There
are now in the penitentiary 78 convicts
for assault to rape, and 81 for rape.
Of all crimes known to our law these
two are the most villainous. Their fre¬
quency has terrorized the people residing
in rural districts, and so aroused their
fear and resentment that it has been im¬
possible in many of these cases to induce
them to await the action of the courts.
Since November 1, 1894, there have been
12 negroes lynched who were charged
with rape and assault with Intent to
rape, and one white man who was charg¬
ed with rape.
In addition to these, there have been
seven negro men, one negro woman and
one white man lynched who were charg¬
ed with other offenses. Total for three
years 22, or a little more than 7 peT year.
These occurred in the following counties;
Appling, Clinch, Dooly, Habersham, Mon¬
roe, Montgomery, Muscogee, Talbot, Col¬
quitt, Twiggs, Jasper, Calhoun and Bibb.
It is the duty of government to protect
its citizens, and to do all that can pos¬
sibly be done to prevent the commission
of not only the offenses which have pro¬
voked the people to resort to such a rep¬
rehensible remedy, but aill offenses, and
to guarantee to every citizen charged
with a crime a trial before an impartial
tribunal, as guaranteed by the constitu¬
tion.
In the discussion of lynching, let it he
clearly understood that it is not a ques¬
tion as to whether or not those guilty of
crime shall be punished, but whether or
not the innocent shall escape. Not a ques¬
tion as to whether the guiky shall be
punished, but whether or not the act of
punishing shall multiply criminals.
In a free government like ours there Is
no excuse ifor lynching. If there is evi¬
dence to convict the courts will punish; if
there is not. punishment should not be in¬
flicted. The courts of our state can be
trusted to punish the guilty and protect
our property, our persons, and the honor
and virtue of our women.
I am deeply concerned for a remedy for
this evil that we may save from guilt the
men who engage in it, and protect the in¬
nocent, who are too often sacrificed.
TRIAL BY MOB.
The mob is not a safe tribunal to justly
determine any cause.
Not long since in this state It is said
ijhat a mob, which had gathered, failed to
take action because of a division in their
own ranks . . . one portion wishing to
hang a man who had not been tried and
the other, to liberate one who had been
tried, heard in all the courts and sentenc¬
ed to be hanged for murder.
The mob judges without a full and com¬
plete hearing from both sides. Its mem¬
bers are not the most capable of judging.
It decides in passion and, too often, in
whisky. How can It fail to make mis¬
takes and sacrifice the lives of the inno¬
cent?
I feel the more deeply upon this ques¬
tion because from the best information I
can secure, I believe that during my ad¬
ministration there have been in this state
several men lynched who were not guilty
j of the crimes with which they were
charged. How many, can never be
known, for their tongues are hushed, and
;bey are denied an opportunity to prove
'.■heir innocence. I am informed that one
man, whom the mob believed to be guilty,
was shot down. A question then arose as
to his identity and he was salted down
like a hog, shipped to the location of the
crime and found to be the wrong man—an
innocent man.
When an innocent man is lynched for a
crime It serves to protect the guilty. The
members of the mob, their friends, and
sympathizers seek to impress it upon the
| j community .that the right one has been
punis . he<i an a t he guilty goes unsought
j and unsuspected^ * « -enuring f ’ this year
s ates icti:n of the mob have
L ;
, he mob was accorded a trial which re¬
ihU^wa ."chaffi
S“e wal not guiltv of the
j ! h for life which the mob endeavored to
his
To wha. «.eh, ,h, s practice h„ heeh
or will be used for purposes ether than
alleged reason
w; ll never be known. In one .-.st nre,
; long ago. it was.stated.and accred-
| not
Red that a man who had been charged
wuh ra P e ca “ e ned * being lynched.
W hen the truth ,
to light the fact tlw the purpose i-
preferring the charge was to hate him
1 ] > nched in order ™ 8U ? p 5 es ® hls e 7*, d ^ e
J against the prohibition parries la^. w no In had another been violating instance
Z woman, “ a _ n ’ ^sVa%fd escaped The tne mob moo 3 which w...cn waT in ...
: pursuit and established the fact that
. made against him de-
the charge was to
parties fea . the been collection lynched of it a u- debt.^ not Had probab.e the
that their guilt would have been ques-
tioned.
These things serve to emphasize the
importance of adhering to law. and of
your so legislating as to suppress this
evil, and guarantee to every one charged
with crime a fair and impartial trial.
Responsibility for the crime of lynch-
Eot only upon actors, but upon
. ^ comrRUrlty which shu ts its eyes to
the crime and permits and tolerates it,
and upon legislators who refuse to enact
’laws to suppress it.
u ca n ar.d will be stopped when the bet-
ter who deprecate mob »aw ag-
Devoted to Southern Progress and Colonization.
srsfjste 1 “ a deterrai “ “
It is no excuse Jo say that the north¬
ern people, who have less to provoke
them to it, lynch. Let us not take the;r
as a standard; but rather show a higher
type of riving**tfon ir mir ??tand
Here a standard to which they may as¬
pire.
LYNCH FOR WHAT CRIMES.
Lynch law has not been restricted to
cas€s where the charge was an outrage
upon a female. In Texas a man was
lynched simply to suppress his evidence;
in Kentucky because he was objectionable
t0 ibe neighborhood, and in Indiana five
; wprp were lynched f for nr hnwlarv ourg.ar>. Tn In mir our
state, , in the last three years, seven men
have been lynched for murder, and one
man ant i one woman because they were
suspected of arson.
WHEN „ „ CHARGE IS RAPE.
Even had it been confined to offenses
committed upon females it could not be
justified.
To adopt it, in these cases, is to put the
life of every man in the power of any
woman who might for any reason desire
his death. “When such crimes are
charged the passion of the people is more
deeply stirred than by any other, and the
mob is quick to act.
Yet viewed from the standpoint of rea¬
son and not of passion, there is less ex¬
cuse for lynching in such cases than in
any other. Delay cannot be given as a
reason, nor a fear that justice will be de¬
feated. At Monticello and Columbus the
men were taken out of the court room
during the trial and lynched. In most
cases they are taken from the custody of
officers of the law, when they know that
court will convene and give a speedy
trial. For this offense, above all others,
the courts are quick to try, and if guilty,
the juries certain to convict.
It is not then that they fear delay o-r
the acquittal of the guilty, but it is a de¬
fiance of law. It is a desire to substi¬
tute passion for evidence and vengeance
for justice.
There being no excuse to be found for
fear cf either delay or failure of justice,
but one reason is left, and that is the ob¬
jection to the outraged victim having to
go into court and relate the horrible
story. That this is a terrible ordeal,
every one must concede, but human life
must be valued even above this trial. She
would undergo this trial, not as a sacri¬
fice to the guilty, but to conform to the
rules of law, which centuries of experi¬
ence have demonstrated to be absolutely
essential for the protection of the inno¬
cent. The truth cannot be had gave by
having both sides heard before an im¬
partial tribunal.
To remove this objection, however, our
law provides that, on such occasions, the
judge may order the courtroom cleared
of all save the jurors and lawyers en¬
gaged in the ease on trial.
There is, therefore, no justification nor
excuse for a resort to lynching, even in
his class of cases, when the defendant
is charged with the most dastardly and
horrible of crimes. No man doubts in
these cases that the law will punish the
guilty, and if he did, he could not find a
remedy by making a murderer of himself.
The remarkable fact exists that in a ma¬
jority of instances the party lynched is
taken from the custody of officers. I can
understand how a near relative of the
victim of the lust of a human brute who
sees before him the man whom he be¬
lieves has committed the outrage, and in
the heat of passion, slays him, can enlist
the interest and sympathy of a commun¬
ity; but how any one can fail to condemn
those who are guilty of the cowardly act
of taking from the officers of the law a
man who is disarmed and helpless, and
hanging him without trial, surpasses my
comprehension.
EFFECT OF LYNCHING.
Roth capital and worthy imigrants seek
places where law is supreme and the fre¬
quent occurrences of lynching will ad¬
vertise ours as a lawless state and as a
half-civilized people.
It sacrifices the innocent, brings law
into disrepute, creates lawlessness, im¬
pedes material growth, and in the eyes of
all the world lowers the standard of our
civilization and degrades the character of
our people.
This barbarous practice does not de¬
crease. but increases crime. Having
stained their hands in blood, its perpetra¬
tors are more easily led to again violate
law. Recently a man tried on the charge
of murder and convicted of shooting a
citizen through the window, as he sat by
his own hearthstone at night, confessed
also that he it was who tied the rope
around the necks of the two men who
were lynched in Columbus in 1896. I con¬
demn it ar.d will not apologize for such
lawlessness. To exterminate the practice
it must be made odious and dangerous.
The penalty should he the scorn cif the
people and the punishment of the law.
DUTY OF DEMOCRATS.
There is no room for debate upon -this
question. If there is, there is none for
Democrats. With them the question is
settled. There is but one position the
members of that party can take.
In the campaign in which the members
of this general assembly were elected, the
Democratic party went to the people upT
on a platform adopted by the state con¬
vention in which this declaration is found,
to-wit:
“Resolved, That we deplore and de¬
nounce Iynchings and favor the en¬
actment of such laws as will effectually
prevent the same.’’
I now ask the men who were elected
upon this platform to enact into law pro¬
visions which will in good faith meet the
requirements of this declaration. I do
not believe that you will dally with this
question, or pass laws which will be In¬
effectual.
The Democratic party owes It to the
people to live up to the pledges which it
made to induce them to entrust it with
power, or to come oddly to the front
and admit that it wilfully and deliberate¬
ly deceived to secure votes, and is un¬
worthy the confidence of the people. Your
action is to determine whether or not this
condemnation can be truthfully uttered.
To be honest is as much the duty of a
political party as an individual.
Let the remedy which you apply be
heroic and severe.
THE REMEDY.
In murder cases the complaint is that
■the cases can be too easily continued and
justice unnecessarily delayed. 1 am not
an advocate of nasty trials, but of prompt
ones. No one should be rushed into a
trial involving his life when passion in
the county where trial is to be had is at
white heat and a fair trial impossible.
The law should in all cases permit the
court, on motion of the defendant, or on
its own motion, or on motion of state at¬
torney, to change the venue to any county
in the state. In determining whether or
not to order a change of venue, the judge
should be authorized to exercise a very
broad discretion and act upon ail knowl¬
edge that he might possess bearing upon
the question. If, In hls opinion, a change
oi venue is necessary to secure a fair and
impartial jury, he should order the
change, and this decision should not be
review ed by the supreme court. The au-
t jj 0r ;- y 0 f circuit judge in such cases
E -, ould be made plain and ample, and all
doub . amoved as to power of the su-
prerne c ourt to review his decision.
Th:s char ‘£ e in our law ' 1 believe, is the
firs: step nec essary to secure, in all cases,
romp - and fair trials.
In some instances it is difficult to se-
cure a trial on account of the laws regu-
; a ri ng granting of continuances.
Tdis c an ^ remedied by leaving to the
tria; judge , the sole power to pa^s upon
nations to continue, denying to the su-
preme court the power to grant a new
, r cn account of alleged error in so
floirig> The circuit judge who knows the
parUes> the ease, and its history, ar.d
has the witnesses on the question before
hiin can better determine whether the
motion Ls made for delay only, and
whe . her a fair triaI aTU i a just verdict
caa be had W j thout further delay than
; the supreme court.
Every praetioneer knows that the right
; continuance is the most abused of all
rlghts grantea thc , avv , n court pro .
,, cd , are aEli ln my opinion the circuit
j u<3?e TV :.) corr ect the abuse if empower-
..i tQ i£1
The law wb j cb g i ve s the defendant more
pertnjptory strikes than the state should
be so amended as to give eaea party ttio
same number. Under the existing law
power is given the defendant to object
without cause to so many jurors that he
can, in many cases, pack a jury i:» faia
own interest.
1 have heretofore recommended to the
general assembly, and again urge upon
you, that tha law be so amended as to
punish assault with intent to rape with
death unless the punishment be reduced
upon the recommendation of the jury-
trying the case, just as it may be done
now when the charge is rape.
Those who commit these offenses de¬
serve to be punished under the same
law.
It has been insisted by some that the
way to stop lynching is to provide for
the prompt punishment of all who com¬
mit the crimes which provoke it.
Neither the law's delay nor the failure
of justice can be given as an excuse for
lync'.-lings in rape cases.
In dealing with the ofTense of rape in
our courts there has been for the guilty
no delay and no escape. Courts are
promptly called, trials had, and justice
quickly administered. In such cases the
men whose names are in the Jury boxes
in Georgia can be relied upon to convict.
The evil will exist for a long time, if
not disturbed, until public opinion is ed¬
ucated to the point where the condemna¬
tion is sufficiently intense and unanimous
to make it impossible.
It is therefore necessary that without
waiting for this slow process, the major¬
ity representing law, order, justice and
civilization, pass such legislation as will
repress the lawless element and secure
the reign of law. The certainty of prompt
trials alone will not end iynchings. The
delay of the law is a favorite excuse, but
it is not the real reason for its existence.
Other legislation is needed to aid in
checking it.
The arresting officer is now clothed with
authority to take the life of the assail¬
ants when resisting their efforts to take
a prisoner from his custody, and, and it
is his duty to take life if necessary to
protect the prisoner and retain him in
custody. This he should be required to do
at the hazard of his own life, or the
prisoner should be unshackled, armed and
given an opportunity to defend himself.
The knowledge on the part of the mob
that this would be done would deter it
from pursuing its lawless purpose, and
the law would be permitted to protect the
innocent and punish the guilty.
That it may be ascertained whether or
not the officer having the prisoner in cus¬
tody does his full duty in every instance,
I recommend the passage of a law re¬
quiring a thorough investigation in every
case and providing adequate punishment
when he falls short of the full measure of
his duty in protecting his prisoner. When
this is done he should be ineligible to elec¬
tion or appointment to any office until his
disabilities are removed by the general
assembly. The administrator or family
of a party taken from the custody of an
officer and killed should he authorized to
recover from the county the full value of
his life, which in no case should be less
than $1,000. This provision will not only,
by appealing to self-interests, make the
stronger influences in each community
active in opposition to Iynchings, but up¬
on principle, is but doing justice to the
family of the victim. When the state
takes charge of a prisoner it is its duty
to protect him against all dangers save
the penalty of the law inflicted for the
crime with which he is charged, and for
failure to do so, It is just for damages to
be paid. It cannot be seriously contend¬
ed that the state has a right to disarm a
citizen charged with crime, render him
powerless to protect himself, and then
surrender him to those who seek his life
in violation of law, without justly incur¬
ring the obligation to pay damages there¬
for.
THE CONVICT QUESTION.
The governor’^ message so far as it re¬
lates to the convict question has been al¬
ready published in full in The Journal.
The governor holds that the misdemea¬
nor convicts should remain under the con¬
trol of the counties and that the camps
should be regularly inspected by an officer
of the state.
The governor reiterates his declaration
made to the Democratic convention when
he was nominated, that he would veto
any bill re-establishing the present lease
system.
He opposes working the convicts on the
county roads.
The governor proposes the creation of a
commission which shall be in full control.
He wants a tract of land on which the
boys, women and men who are not able-
bodied shall be maintained.
Able-bodied convicts he wants hired out
for a term of five years under control of
the state. Meanwhile he would with the
labor of the other convicts build a central
penitentiary. The final disposition of the
able-bodied convicts he would leave to be
disposed cf at the expiration of five years.
The plan provides for a reformatory for
boys and girls.
The governor also recommends the crea¬
tion of a board of pardons and urges some
law which will equalize the assessment of
taxes.
He also urges the return of $240 which
Miss Ella M. Powell paid for the state of
Georgia as the state’s share toward the
Cowpens monument.
“BUD” FULLER ON TRIAL.
Charged With Attempting to Murder Hi*
Child hy Starvation.
“Bud” Fuller was placed on trial «t
Atlanta Monday before Judge John S.
Candler in the superior court on the
charge of attempting to kill his little
son, Render Fuller.
The case is a very unusual one, the
father being charged with leaving his
helpless child in the w'oods to die of
starvation.
Owing to the demurrer which was
filed by Fuller’s attorneys to the orig¬
inal bill of indictment Solicitor Hill
drew drew up another bill which was
approved by the grand jury a few dajr
rgo.
MUST CEDE TEN FEET.
Government Having Trouble with Lan(
Owners at Cliickamauga Park.
The Cliiekamauga park commission¬
ers have been notified by the war de¬
partment that unless the property
owners in Walker county, Georgia,
abutting the proposed government
road now in course of construc¬
tion to Lafayette, cede the govern¬
ment the additional ten feet required
to make the road forty feet, in uni¬
formity with all the other roads ap
proaching the park, the work cannot
succeed. A large number of owners
have ceded the necessary right of way.
but many of them are holding tact
and have declined to do so.
WON’T RECOGNIZE MERRY.
Uncle Representative Gete Cold
Shoulder by Xicamguanp.
D understood , , that ,, , the A ... ®* °* , Hie
is 1
Greater Republic of Central America
now j n session at ManasTia, Nicaragua,
, has refused f to to agree a „ ree with the the areu- argu
ments put forward by Secretary Sher-
man in support of the appointment of
r ^ a P tam . ■ wjiii " imam am T. Merry of San ’
Francisco, as minister Of , the TT United ■ ,
States to Nicaragua, Costa Rica and
nr ’ while Dartlv ** recognizing ° the
’
diet.
It is claimed in certain quarters
* ^his step is taken ill order to
force , the . Umted „ \ .... States government, if
possible, to fnl*y rdCogmif® tuft diet.
OUR LAW-MAKERS GET DOWN TO
WORK IN EARNEST.
BILLS PROHIBITING FOOTBALL.
A Brief Summary of Each Bay’s Pro¬
ceedings In the House and
the Senate.
Thursday’s Proceedings.
The second day’s session of the
house was a dull one. and the proceed¬
ings were in striking contrast with
those of Wednesday. The only dis-
cttssion of consequence was over a bill
to provide for the sale of equitable in¬
terests in property. This measure, by
Mr. Felder, was favorably reported by
the general judiciaiy committee, but
Mr. Fogarty objected to it until pro¬
vision was made for recording bonds
for title, and the bill was recommitted.
Mr. McCook’s bill to prevent the
hunting or catching of o’possums be¬
tween March 1st and October 1st, was
taken up with a favorable report from
the committee on agriculture and
passed by a vote of 109 to 15.
Mr. Felder, chairman of the general
judiciary committee, submitted a fa¬
vorable report on the bill prohibiting
the reporter and stenographers of the
supreme court from practicing law.
This favorable report was adopted.
A few local bills were introduced in
the senate Thursday, and the follow¬
ing bills were taken up for a third
reading and laid on the table: A
bill to amend the constitution as to
the election of judges and solicitors-
general of the superior court; bill to
enlarge the powers of the railroad
commission; bill to autliorize the state
school commissioner to grant perma¬
nent licenses to graduetes of the Nor¬
mal and industrial school of Milledge-
viile.
Friday’s Proceedings.
The majority of Georgia’s law-mak¬
ers left Atlanta Friday for Nashville
and spent Saturday taking in the sights
at the Centennial. Both houses ad¬
journed at noon Friday.
The house met at 9 o’clock and be¬
gan the reading of bills for the first
time. Among them was a bill by Mr.
Felder, of Fulton,, providing for nu¬
merous and important changes in the
city charter of Atlanta
Mr. Henderson, of DeKalb, intro¬
duced a bill calling for the changing of
the county site of DeKalb county from
Decatur to Stone Mountain. The
question that the county site was es¬
tablished permanently at Decatur by
the act creating a county site for De-
Kalk county will be settled if the bill
is passed, as it provides for the repeal
of all conflicting laws.
By Mr. Blalock, of Fayette, that the
state treasurer shall have the authority
to draw upon any funds of the state on
the 1st day of April of each year in the
sum of $400,000, the same to be used
for the payment of school teachers and
to be paid back by the school fund.
At 12 o’clock the house adjourned
until 10 o’clock Monday morning.
Friday morning’s session of the sen¬
ate was short and devoid of interest
except the passage of Senator Gray’s
cattle stealing bill.
This bill was introduced early dur¬
ing last year’s session and was report¬
ed adversely by the general judiciary
committee.
Senator Stewart, of the Twenty-
seventh, introduced a resolution that a
joiut committee of five from the sen¬
ate and ten from the house be appoint¬
ed io visit the state normal school at
Athens, to investigate the work that
is beiue done, and to make such report
as they deem proper to promote the
best interest of that institution.
Monday’s Proceedings.
The legislature took cognizance of
last Saturday’s football tragedy iu At¬
lanta in two measures against the
game, a bill in the senate and a reso¬
lution in the house. Mr. Awtry, of
Cobl), offered the following joint reso¬
lution :
“Resolved, That it is the sense of
the general assembly of Georgia that
the game of football should be prohib¬
ited from all schools and colleges re¬
ceiving financial aid from the state.
Resolved, further, That the trustees
of the State University be requested
to have said game of football prohibit¬
ed from the university at Athens and
from the various branches of the
same.”
It yvas referred to the committee on
education.
The most important measures that
came before the house Monday were
Mr. Xevin’s new bill for a constitu¬
tional convention, explained in his in¬
terview, and Mr. Boynton’s bill to
make taxes due a month earlier, on
November 20. The latter came up on
third reading but failed of a house ma¬
jority for the committee report and
was temporarily tabled after reconsid¬
eration by the house of its adverse
vote.
A bill to make a roster of confeder¬
ate veterans in each county, after some
discussion, failed of a majority, but
notice to reconsider was given.
A number of minor bills were
passed.
Mr. Felder, of Fulton, introduced a
resolution, which was passed, thank¬
ing the officials of the Western and
Atlantic railroad, the Pullman Palace
Car company aud the Tennessee cen¬
tennial for courtesies on the trip of
the legislative delegation.
A legislative sensation is promised
in the way of a bill for the election of
the state librarian by the legislature.
The bill has been prepared and will be
introduced.
President Berner and President Pro
Tem Gray both being absent Monday
morning, the senate was called to or¬
der by Secretary Clifton. Senator
Battle was elected to preside.
A bill to prohibit football in bhis
state was introduced by Senator Allen,
of the Forty-first district. The indi¬
cations are that it will pass.
On motion of Mr. Comas, the bill
of the senate to prescribe the methods
of determining contests in elections
for removing of county sites was with¬
drawn from the general judiciary com¬
mittee. It was read the second time
aud recommitted.
Tuesday’* Proceeding#.
Both houses of the legislature spent
SUBSCRIPTION RATES: $1.00 A YEAR.
a dull morning Tuesday and both ad¬
journed before noon. In the house
the child labor bill, prohibiting chil¬
dren under 13 years of age from work¬
ing in factories and similar institu¬
tions, was the special order of the
morning. By request discussion of
the matter was postponed for one week.
The Boynton local dispensary bill,
which provides for the abolition of bar¬
rooms, was temporarily tabled at the
request of ex-Governor Boynton, who
introduced it, pending the argument
of the prohibitory saloon Bush Bill.
A resolution was adopted, after the
speaker had called three times for a
quorum, declaring it the sense of the
house of representatives of Georgia
that United States senators should be
elected by the people.
A resolution was introduced by
Mr. Oliver, of Burke, providing that
the third day of June—the nuuiversary
of Jefferson Davis’ birth—be a legal
holiday, was temporarily tabled pend¬
ing action on a similar bill previously
introduced.
A bill was introduced by Mr Hen¬
derson, of Forsyth, providing for the
election of judges and solicitors-gen-
eral of the superior court. It was re¬
ferred. i
Mr. Neviu, of Floyd, introduced
bill entitled, “A bill to protect labor¬
ers, mechanics, artisans and others
from blacklisting.” The bill is in¬
tended to protect wage-earners from
boycott and collecting concerns.
A resolution offered by Mr. West,
of Lowndes, asking Dr. Warren F.
Candler, president of Emory college,
to address the general assembly on
November 9th, was unanimously
adopted.
In the senate the Brinson bill was
tabled temporarily.
Thanks were extended the people of
Nashville, the railway companies and
the pullmau Car company for courte¬
sies extended senators who visited the
Nashville Centennial.
After the transaction of less impor¬
tant business, both houses adjourned.
RESULT IN MARYLAND.
The Fate of Senator Gorman Was Tn the
Balance.
In Maryland the state contest was
over the election of two officers, the
state comptroller and the clerk of the
court of appeals. The nominees of
the republicans were: Comptroller,
Philip Goldsborough; clerk of the
court of appeals, Alan Rutherford.
The democratic nominees were: Comp¬
troller, Thomas A. Smith; clerk of the
court of appeals, J. Frank Ford.
The returns so far received indicate
that the legislature will be democratic
on joint ballot. This means the re¬
turn of Gorman to the United States
senate.
T
MUST NOT DISCRIMINATE.
Intervention Against Memphis and
Charleston Granted.
A petition of intervention was filed
in the United States circuit court at
Chattanooga Friday by the Chattanoo¬
ga Cotton Oil company in the Farm¬
ers’ Loan and Trust company vs. the
Memphis and Charleston Railroad
company.
Petitioners charge that the road is
discriminating against them and refus¬
ing to haul their cotton seed.
Judge Clark issued an order to be¬
gin at once delivering the cotton seed
of the petitioners and to cease any dis¬
crimination in favor of any other
concern if they were engaged in such
business.
BLAN€0 TAKES CHARGE.
Weyler Gaidiy Welcomes His Successor to
Cuban Shores.
The Spanish cruiser Alfonso III.
with Marshal Blanco, the new gover¬
nor general of Cuba on board, reached
Havana Sunday morning at 7 o’clock.
When the Alfonso entered the harbor
Lieutenant General Weyler, the
Marquis Ahumada, Admiral Navarro
and other high military and naval offi¬
cers went in a special steamer to meet
General Blanco.
After a long and cordial conference
Lieutenant General Weyler yielded up
his command to his successbr.
FEVER RECORD IN MISSISSIPPI.
State Board of Health Tsauea Its Usual
. Daily Report.
The Mississippi board of health is¬
sued the following official statement
Friday night:
“Clinton, three new cases; Nitta
Yuma, no new cases;Cayuga, two new
cases; McHenry, one new case and one
death;Edwards, four new colored cases
in town and three white cases in the
country.”
Biloxi, ten new cases, no deaths.
Total cases to date, 576; total deaths
to date, 25.
CAR THIEVES IN PENAL CAMP.
Wen Convicted At Dalton, Ga., Now At
Cole City.
Deputy Warden Pearson, of the
Georgia penitentiary, reached Coal
City Tuesday, having in charge the
following members of the Dalton car
thieves gang: Walter Bohannon, Bill
Long, Ben Painter, Thomas Kimie-
man and Ed Morris, colored. In the
party also was old mai Taylor Delk,
the murderer. Bob an non stated that
he had got it from pretty reliable
sources that Drew M. Peeples was in
hiding in north Georgia with relatives.
EVANS TO FOUND SCHOOLS.
Rich American fn Pari^ Will Be a Phil¬
anthropist.
Announcement is made at New York
that Lr. Thomas W. Evans, the Amer-
ican dentist of Paris, whose wealth is
variously estimated at from $30,000,-
000 to $35,000,000, will spend a part
of that huge fortune in founding and
maintaining educational institutions in
different cities of this country.
Dr. Evans left for Paris on the
French liner La Touraiue, which sail-
ed for Havre Saturday.
FUSIONISTS CARRY NEBRASKA.
They Are Reported to Have Secured a Big
Majority.
A special from Lincoln says: Ne-
braska renewed her allegiance to fu-
sion Tuesday by electing the three
candidates on that ticket by plnrali-
ties ranging from 10,000 to 25,000.
Nothing like complete returns have
been received, but enough are in to
measure the result and indicate a
greater fusion victory than in presi-
dential year,
NO. 51.
r
HE WAS CANDIDATE FOR MAYOR
OF GREATER NEW YORK.
THE END CAME YERY SUDDENLY.
The Champion of Jeffersonian Democracy
Falls Under Strain of a Vigorous
Campaign—The Son Substituted.
Henry George, author of “Progress
and Poverty,” and candidate of the
Jeffersonian democracy for mayor of
Greater New York, died suddenly at
4:45 o’clock Friday morning at the
Union Square hotel in that city of
cerebral apoplexy.
In his great Cooper Union speeoh
accepting the nomination for mayor,
less than a month ago, he said:
“I’ll make this race if it costs me
my life. This is a call to duty, and as
a good citizen I have no right to dis¬
regard it on account of mere personal
considerations.”
Mr. George arrived at the hotel
about 1 o’clock in the morning. He
had just returned from several large
mass meetings in the boroughs of
Queens and Brooklyn. The work of
the night seemed to have told on him.
He complained of being tired, but his
friends and relatives who waited on
him thought it was only the natural
fatigue that follows such hard cam¬
paign work as Mr. George has been
doing. Not long after reaching the
hotel he was stricken down.
Thus the cheers of the campaign
workers were suddenly changed to
sighs, for true to his word, Henry
George, the apostle of the rights of
man, died as he wished to die—in
harness fighting for the cause—toward
the close of the greatest municipal
political campaign the world has ever
seen.
The end was peaceful and he died
without pain.
Mr. George was physically frail and
the strain of an exciting campaign re¬
quiring speech-making at points many
miles apart, night after night, was
more than nature could stand.
He spoke at White stone at 8 o’clock
and made speeches at College Point
and Flushing before returning to New
York to speak at the Central opera
house. Mrs. George went with him.
All the halls in which he spoke were
filled and at College Point and Flush¬
ing crowds were turned away. At
Whitestone he drove from the railroad
station to the meeting hall at a gallop.
To the cheering crowds he said:
“I believe that all needed reforms
are summed up in that philosopy— the
right of every men to eat, to drink, to
speak as he sees fit, so long as he does
not trench on the rights of any other
man. I believe that God, the Father,
ean take care of His own laws—there
is no need for ns to get into trouble
trying to meddle with God’s laws, to
enforce them. If I am elected, and I
believe that I will be elected, I will
enforce the law r upon the rich and poor
alike.”
Henry George was fifty-eight years
old, being born on September 2,1839.
He received a common Rchool educa-
tion 1881; “Social Problems,” 1883;
“Property in Land,” a controversy
with the Duke of Argyle, 1884; “The
Condition of Labor,” an open letter to
Pope Leo XIII., 1891; and a “Per¬
plexed Philosopher,” (Herbert Spen¬
cer) 1892.
In 1886 Mr. George was nominated
by the United Labor party for mayor
of New York, polling 68,000 votes,
against 90,000 for Abram S. Hewitt,
the democratic nominee, aud 60,000
for Roosevelt, now assistant secretary
of the navy, republican,
After his nomination lor mayor hy
the Jeffersonian democrats several
weeks ago, Mr. George made an ex¬
tremely active canvass, speaking sev¬
eral times every evening and working
from early to late at his headquarters.
The Son Substituted.
At 11 o’clock Friday morning the
Thomas Jefferson democracy held a
meeting and submitted the name of
Henry George, Jr., for the name of
his father, Henry George, as candidate
for mayor of Greater -New York. The
nomination was accepted.
Henry George, Jr., was born in
Sacramento, Cal., in 1862. He was
educated in the public schools of San
Francisco.
COTTON OIL MILLS BURN.
Georgia Cotton Oil Company Lose Their !
Flant at Edge wood. com-1 j
The Georgia Cotton Oil Mill
pany bnildings at Edgewood, a suburb!
of Atlanta, were completely destroyed! Snn-j
by fire between 3 and 5 o’clock
day morning. a| I
Everything, with the exception of
few of the smaller buildings, burnedl
to the ground, and the oil had satura-l
ted the buildings to such an extent!
that no charred timbers were left. J
The hull and lint storage housesJ
the quick steam boiler room, the firfl
pumphouse and the acalehouse wer®
the ones saved. The loss is estimate*
at $117,000. I
HOPEFUL AT MONTGOMERY.
Onlv One Case and One Death Report)
Monday.
Montgomery's board of health i
ported Sunday six new cases and
deaths; Monday, one new case, J. 1
i Yarbrough, 323 Herron street; o
' death, R. H. NS eathers, 909 Sou
Court street. This man worked
; the infected district. Infection h
, not spread out of the western part
! town and material is about exhaust
1 there.
j A heavy rain fell Sunday night
i the air was cold and bracing Mond
j with promise of rnnch colder weatt
NEW YORK CAMPAIGN OYER,
Thf? ^ of the Mass Meetings Were
, Saturday Night.
The Greater New' York muni
I campaign practically ceased in al
j political camps Saturday, There
final appeals made through the i
! to the voters Sunday and Moi
i There were a few parades Mo
| oight, but to all practical intent:
purposes the campaign ended S
» jgy night, aid of the the 570,000 result
ffie hands