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PEOPLE WIN
AGAINST ROAD
State is Empowered to Control the
Schedules of Railways.
HIGH COURT DECISION
Appeal of Atlantic Coast Line from Ruling
of North Carolina Corporation Com
mission is Not Sustained.
The supreme court of the United
States Monday decided, in effect, that
the railroad commissioners of North
Carolina can compel a railroad com
pany operating in that state to so ad
just its schedules as to accommodate
passengers on other lines from any
particular part of the state.
The opinion was delivered by Jus
tice White, in the case* of the At
lantic Coast Line Railroad Company
vs. the Corporation Commission of
North Carolina. The case arose out
of an order issued by the commis
sioners, directing the railroad com
pany to make connection at Selma,
N. C., at 2:50 p. no., with a train on
another line running from the eastern
part of the state, with the object of
accommodating passengers whose des
tination was Raleigh.
The railroad company resisted the
order on the grounds that it could not
bo complied with without putting on
a special train, which would involve
extra expense. This, it was contend
ed, amounted to taking property with
out due process of law. The commis
sion justified its course ou the ground
that, compliance with the order was
necessary to accommodate a largo
part of the public. The supreme court
of North Carolina held against the
railroad company, and its decision was
affirmed by Monday s action of the su
preme court of the United States on
the ground that the order of the com
mission does not aff< ct the rates, but
Is a proper act of state regulation.
Justice White discuss* and at length
the contention of the railroad com
pany that the case involved rates in
any way, and said, in part:
“This case does not involve en
forcement by a state of a general
scheme of maximum rates, but only
whether an exercise of state author
ity to compel a carrier to perform
a particular and specified duty as so
inherently unjust and unreasonable as
to amount to the deprivation of prop
erty, without due process of law, or a
denial of the equal protection of the
laws. In a case Involving the validity
of an order enforcing a scheme of
maximum rates, of course, the find
ings that the enforcement of such
scheme will not produce an adequate
return for the operation of the rail
road, In and of itself, demonstrates
the unreasonableness of the order.
Such, however, is not the case when
the question is as to the validity of
an order to do a particular act the
2olng of which does not involve the
question of the profitableness of the
operation of the railroad as an en
tirety,
“This is so because as the primal
duty oT a carrier Is to furnish ade
quate facilities to the public, that may
well be compelled, although by doing
so as an incident, some pecuniary loss
from rendering such service may re
sult. It follows, therefore, that the
mere incurring of a loss from the per
formance of such a duty dees not, In
Itself, necessarily give rise to the con
clusion of the unreasonableness, as
would be the case where the whole
scheme of rates was unreasonable un
der the doctrine of Smyth vs. Ames,
or under the concessions made in the
two propositions we have stated. Of
course, the fact that the furnishing of
a necessary facility ordered may oc
casion an Incidental pecuniary loss Is
an important criterion to be taken
into view in determining the reasona
bleness of the order, but it is not
the only one. As the duty to furnish
necessary facilities is eodetermlnous
with the powt rs of tho corporation,
the obligation to discharge that duty
must be considered in connection wi.h
the nature and productiveness of the
corporate business as a whole, the
character of services required, and
the public need for its perform
fornutnee.'*
HEW SECURITIES ARE AUTHORIZED.
Merchants’ and Miners’ Line to Issue $6,-
250,000 Bonds and Stocks.
The stockholders of the Merchants'
and Miners' Transportation Company
, at Blialtimore, Monday, authorized an
| issue of $3,250,000 4 per cent twenty*
five-year debenture bonds and an in
| crease of 13,000,000 in capital stock.
TAFT AS A PROPHET.
War Secretary Tells Cincinnati Business
Men That Canal Will Be Completed
Within Eight Years.
“If the Panama canal is not com
pleted within eight years from now,
I shall be greatly disappointed. If it
is completed in less time than that,
I shall not be greatly surprised.”
This statement made Monday night
by Secretary of War Taft before the
Business Men’s Club of Cincinnati
brought forth uproarious cheers, the
600 members of the club who were
gathered inside the banquet hall ris
ing to their feet and cheering the
statement and the speaker with tre
mendous enthusiasm.
Referring to the rejection of bids
by contractors the secretary said:
“We advertised for bids on the
canal work, and then declined them
for the reason that we found that
it would be Necessary for the contrac
tors to have the help of capitalists and
wo would be compelled to allow to the
contractors seven per cent interest
on the money they would be compelled
to borrow from the capitalists. As we
could borrow money at 2 per cent,
this 7 per cent proposition did not
appeal greatly to us.
“I wish to pay a high compliment
tx Chief Engineer Stevens for his
work in connection with the canal
and also for his efforts to transfer to
the government the entire organiza
tion on the isthmus, which he had
perfected at such great labor.
“To us in responsibility, it is a
great comfort to be able to introduce
the army engineers upon the work.
We have three of them there and if
one of them falls out, the continuity
of the work will be undisturbed. It
is only fair to say of the army en
gineers that there will be no graft
that they can suppress and there will
be no bad work accepted that they
can supervise. No doubt engineers
from civil life would act In a similar
manner, but if any or you gentlemen
have ever managed a work of magni
tude where everybody had the right
to poke in his nose and insist upon
this and that, you would know how
great is the relief to have that none
away with. The record of the army
for the last fifty years is a guarantee
that the work will be capable and
honestly performed.”
BETRAYER MEETS JUST DESERTS.
Brother Invokes the “Unwritten Law” in
Avenging Dishonor of Sister.
Charging that he had betrayed his
sister, ail eighteen-year-old girl, L. D.
Strong, manager for Kessler's dry
goods store, shot and killed H. D.
Smith, a printer in Macon, Ga., Mon
day.
The shooting occurred at Smith’s
printing office. Four bullets from
Strong’s pistol taking effect. Smith
was hurried to the hospital, but died
shortly after reaching there. He made
a statement before his death, but
fainted before lie could sign ft.
H said in that statement that
Strong had shot him about his sister,
but that he was innocent of the charge.*.
Strong surrendered and was carried
to the police station.
Strong contends that Smith, who is
a married man, and who is survived
by his wife and several children, had
betrayed his sister. A warrant had
been sworn out for Smith aud the
trial was to have taken place Mon
day morning in a justice court. But
owing to the absence of Joe Hill Hall,
attorney for Smith, the case was con
tinued.
Both Stroug aud Smith left the
court room a few minutes later, so
the report goes, and Strong passed
Smith's office. Smith, it is claimed,
made some taunting remark, and
Stroug thereupon pulled a pistol and
fired four times, every shot taking
effect
At the city hospital Monday after
noon, Coroner T. E. Young completed
his investigation of the killing. The
jury returned a verdict declaring that
it was a case of justifiable homicide,
and there was no time lost in acquit
ting Strong.
QUESTION OF CUT RATE PRICES
Indulged in By Druggists to Be Passed
Upon by High Court.
The question whether retail drug
gists have a right to sell patent med
icines below a price established by
the manufacturers is involved in the
case of Hartman aud Company, pat
ent medicine manufacturers of On;o,
against John D. Park and Sons Com
puny, of Kentucky, in which a peti
tion was presented to the supreme
court of the United States Monday
asking that court to bring the cast
up for review.
STEAMER LINE
IS ARRANGED
To Ply Between Foreign Ports aad
Savannah for Immigrants.
WORK OF GEORGIANS
Messrs. Smith, Jordan and Williamson's
European Trip Proving Effective.
Prejudice is Removed.
A London special says: After ai
tour of the continent, during which
visits were made to Hamburg, Bre
men, Vienna and other places with
the object of inducing emigration to
Georgia, Governor Hoke Smith and
party are making a brief sojourn
here.
Governor Smith told the Associated
Press today that his trip had been
successful, and that he had succeeded
in removing much prejudice against
emigration to the southern states. He
said he had been promised that a
number of ships would sail direct from
European ports to Savannah and that
others would make Savannah a port
of call. Some good work. had been
done in Scotland, whence the stream
of emigration to Georgia already had
started.
Governor Smith said it was his in
tention to appoint agents at Hamburg,
Bremen, Vienna, Glasgow and other
ports to encourage desirable emi
grants. The governor and his party
will sail for New York tomorrow.
The entertainments planned by the
Aniex-ican colony were not carried out,
owing to the brevity of the visit here,
but he met many Americans, and was
a guest in the distinguished strangers’
gallery of the house of commons to
day, and also visited the house of
lords.
UNIONS VERSUS RAILROADS.
Their Relations are to Be Tested in Case
Before the Supreme Court.
The constitutionality of the act of
congress of June 1, 189.5, prohibiting
railroads engaged in interstate com
merce from discriminating against
members of labor organizations in the
matter of employment, is called into
question by the case of William Adair
vs. the United States, which wa3
docketed Tuesday in the supreme
court of the United States. Ihe case
was appealed on a writ of error from
the United States district court for
the eastern district of Kentucky.
Adair is the master mechanic of
the Louisville and Nashville railroad,
and he was proceeded against on the
charge of threatening to discharge
from the employ of the company a lo
comotive engineer named Coppage be
cause the latter was a member or the
Order of Locomotive Firemen.
The law, which resulted from the
Chicago strikes of several years ago,
was invoked for Ccppage's protection,
and the district court fined Adair
SIOO.
ONE DEGREE OF RECORD-BREAKER.
Month of April the Coldest Experienced in
Last Twenty-Six Years.
According to the weather bureau
records at Washington, the month just
closed was the coldest April in the
last twenty-six years, and within a
degree of the coldest April ever ex
perienced. The month was character
ized by a succession of cold spells over
the entire country east of the Rocky
mountains.
KILLED HUSBAND, SON AND SELF.
Providence, Rhode Island, Woman Runs
Amuck With Revolver.
At Providence, R. 1., Tuesday night,
Mrs. Louisa Holden, aged 40. shot and
almost instantly killed her husband,
Lee Holden, then turned the revolver
on her son, Louis, 15 years old,'" shoot
ing him in the head, inflicting a fatal
wound. She then shot herself in the
head, dying at the hospital.
HOSTS OF PRINTERS DISCHARGED.
New Law Causes Reduction of Force in
Government Print Shop.
A large reduction in the force of
the government printing office at
Washington was made Tuesday, when
Public Printer Stillings announced the
dismissal of 204 eaiployees.. The pub
lic printer slates that he was forced
to take this action because of the
amendments to the laws governing the
printing and binding of government
reports and congressional documents
enacted at the last session of con
: gross causing a falling off of work.
EX-GOV. BULLOCK DEAu.
Former Georgia Chief Executive, Yalliant
Soldier and Erstwhile Premier Citizen
Dies in Albion, N. Y.
Former Governor Rufus Bullock, oi
Georgia, died Saturday at Albion, N.
Y., the family homestead. He had
been in failing health for some time.
He was 73 years of age.
Few Georgians, whether by birth or
adoption, did more real good for the
state than he. Fewer still had a more
thrilling, sensational and eventful ca
reer or led a life more strenuous, more
nerve-racking or more soulstirring.
Governor Bullock was born in Beth
lehem, Albany county, New York, on
March 28, 1834, but when only seven
years old his parents moved to Albion,
N. Y., where he graduated from Al
bion Academy in 1850.
At this time the development of the
electric telegraph was just begun in
New York, and Governor Bullock,
though only 17 years of age, soon
mastered the art. It is said that he
was the first telegraph operator able
to read by sound.
He installed the printing telegraph
systems in New York City, Buffalo,
Rochester, Utica, Albany, Springfield
and Philadelphia. He took charge of
a rival concern in Philadelphia, which
broke down the monopoly and caused
more general use of the telegraph for
business and social intercourse.
in 1857 President Dinsinore of the
Adams Express company sent Gov
ernor Bullock to Augusta, Ga., to take
general charge of the business in the
south. Here he caused the construc
tion of telegraph lines to interior
points, and when the civil war came
on this proved most valuable to tne
Confedereates, as coast lines aii fell
into the hands of the Federate.
Over these wires communication
was maintained between President
Davis and Generals Lee, Beaureguid
and Johnston. The Southern Express
company transported all contributions
of supplies and food to the confed
erates without cost.
He was appointed acting assistant
quartermaster general of the Confed
erate army, with the rank of colonel,
and as such served to the surrender.
At the close of the war he devoted
his energies to material development
of Georgia.
Going to New York, he secured
capital to open a national bank in
Augusta. Later he became president
of the Augusta and Macon ra.lroad,
and when he went to New York to se
cure funds for improvements was told
that Georgia had not yet come into
the Union. This caused him to go
into politics.
A constitutional convention was
called and he took a prominent part
in it. Atlanta was made the capital
and he was elected governor from 1868
to 1871. He recommended the lease
of the Western and Atlantic, and it
was leased for twenty years, the state
realizing $3,000,000 from it.
In the election of 1870 it became
apparent that the general assembly
was overwhelmingly against Governor
Bullock, and he resigned. Two in
dictments were found against him—
one for alleged conspiracy to defraud
the state, the other for failure to ac
count for certain bonds said to have
been delivered to the executive de
partment by the city of Atlanta. For
seven years he renounced himseli
ready and tried to secure trial. He
was finally vindicated by formal ver
dict of a jury.
In 1893 Governor Bullock took up
his permanent residence in Albion N.
Y., where he resided uniil the day of
his death. His wife died two years
ago. He leaves one daughter, Mrs.
Leonard Kendall of Greenwich, Ga.,
and two sons, Freeman Bullock of
Omaha, Neb., and V. V. Bullock, as
sistant postmaster of Atlanta.
Governor Terrell of Georgia, upon
the receipt of news of Governor Bul
lock’s death, issu.q a proclamation
ordering the state flag at half mast
and that the executive offices be cl: sea
during the hours set apart for the
funeral, v
BIG SUIT FINALLY SETTLED.
More Than Half a Million Dollars Paid to
Paine, Webster & Cos.
The $3,000,000 suit in equity
brought by Paine, Webster & Cos.,
against Albert C. Burrage, Thomas W.
Lawson and others, to recover on a
contract involving 70,000 shares of
stock in the Copper Range Consoli
dated Mining company has been
brought to a settlement out of court
at Boston.
The case was settled by A. C. Bur
rage paying substantially the Tri-
Mountain debt. The ameunt cf this
debt was $540,000.
STOP AT THE
ZETTLER HOUSE.
The best SI.OO a day house in the
city.
£5,3 FOURTH ST., MACON, G<L,
Mrs. A. L. Zettler, Proprietress.
PROBE HITS GRAFTERS.
Wholesale Bribery Brought to Light‘in
Investigation of Pennsylvania State
House Contract Scandal.
Testimony of a sensational charac
ter involving the names of prominent
Pennsylvania politicians, was adduced
Tuesday afternoon, during the exam
ination by the capitol investigating
commission at Harrisburg of ex-Rep
resentative S. Marshall Williams of
Pittsburg, who is alleged to have ac
cepted SIO,OOO to keep quiet after he
had been refused by John H. Sander
son of Philadelphia, general contrac
tor for the capitol furnishings, a snare
of the $2,000,000 award for electrical
fixtures for the building.
Senator Dewalt asked Williams if
he had not instructed the Pennsylva
nia state board of trade, of which he
is secretary, to pay Congressman Cas
sell $425, the amount of money that
had been previously referred to as se
cured by witness from the unknown
party.
Williams admitted that it was true
as to the $425.
“Is Congressman Cassell the man
who advanced you the $10,000?” asked
the senator.
“I refuse to answer,” replied the 'wit
ness.
“But it was a national official who
did so, was it not?”
“Yes.”
“Will you deny that it was Congress
man Cassell who did so?’
“I refuse to answer.”
In no way could the commission
get Williams to admit that Cassell
was the party in question.
H. Burd Cassell is a member of
congress from the Lancaster district
and is president of the Pennsylvania
Construction company of Marietta,
which furnished the $2,000,000 worth
oi metallic furniture for the capitol.
Under further examination about
the SIO,OOO transaction, Williams de
clared the money was secured for use
in the campaign by the board of
trade and the “homeless twenty-six,”
of which he is also secretary, organ
izations that were interested in the
fight for the two-cent fare and trolley
freight legislation.
NEGRO MURDERS AGED COUPLE.
Heinous Crime Committed by Heartless
Brute Near Fernandina, Fla.
Thomas Johnson and his wife were
murdered at Italia, Fla., a small set
tlement near Fernandina, Tuesday af
ternoon about 2 o’clock, by a negro.
When the aged couple were shot
down at their home there were two
small negro children nearby, and they
hastened to give the information to
the home nearest by. They slate that
Mr. and Mrs. Johnson were in the
house when they were shot down by
the negro, and that both of them
cried for help.
Observing the two children, the
negro reloaded his shotgun and gave
pursuit. The children state that they
outran him, and got away.
TEMPTING REWARD OFFERED
By Brownsville People for Confession in
i That “Shooting Up” Affair.
A movement has been started in
Brownsville, Texas, towards raising,
by popular subscription, SI,OOO to be
paid as a reward to any soldier or
officer of the twenty-fifth infantry who
will confess to having participated in
the raid on Brownsville in August
last, or will give the name and pro
duce the necessary evidence to con
vict those who are guilty.
FLAMES DESTROY ENTIRE BLOCK.
Little Town in Louisiana Suffers Heavily
From Conflagration.
Fire broke out early Tuesday morn
ing in Regal hotel at Leesville, La.,
and spread rapidly, destroying 18
buildings, in which were located 25
business firms, including the First Na
tional bank and Leesville National
bank buildings.
Loss estimated between $75,000 and
SIOO,OOO with insurance of about $50,-
000.
Speed is inevitable; it must be made
tate, demands the New York World.
The way to make it safe is for Ameri
can railroad managers to get out of
Wall street into the car-shop and on
the track.