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About The Southern record. (Toccoa, Ga.) 1897-1901 | View Entire Issue (Nov. 5, 1897)
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
