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HEARST LOSES CONTEST
Mayor McCie lan is Victorious
in 1905 Campaign.
BALLOT BOXES NOT STUFFED
Heard Wu Unable toPrcveH t Charge
to Satitfaction of Judge, Who Directed
Verdict For McCie .an.
Tsjcw York.—Mayor George B. Mc-
Ckllan’s title to the office of mayor
of New York city was made clear by j
the decision of Justice Lambert in the
supreme court when he ordered a jury
to render a verdict that McClellan
was duly elected mayor in 1905. W.
K. lfearst has been contesting the
mayor's right to the office practically
ever since the election, and as a re
sult of his charges of fraud in the
original count of oallot the legislature
passed a law enabling a recount. At
torney General W. S. Jackson then
instituted quo warranto proceedings
on behalf of the people, in whicn
both Mr. Hearst and Mayor McClellan
were named as defendants.
The recount left Mayor McClellan
with a plurality of 2,9t>5, whereupon
Clarence J. Shearn, representing .vlr.
Jackson, alleged that the ballot coxes
had been stuffed and requested the
court to throw the entire vote of 112
election districts in which he charged
that the ballots found in the boxes ex
ceeded the number of registered vot
ers. This, however, was based on an
incorrect list of voters, and, when the
correct list was produced Tuesday, Mr.
Shearn said that the registration was
greater than the poll in every, disputed
district.
Justice Lambert declined to throw
out the contested districts. Mr. Shearn
then charged that the inspectors had
registered an excess number ol names,
but said he could not prove repeat
ing.
The justice then declared that the
original count was quite as complete
as the one made in court, and that the
evldeuce showed no fraud as far as
the election Inspectors were concern
ed. He said that if legal voters could
be disfranchised so readily as had
been attempted In this case, this form
of government would not endure long.
If the jury wore to return a ver
dict against Mayor McClellan, Justice
Lambert said he would not allow it
to stand, and he ordered a verdict in
favor of the mayor, which was ren
dered. The jurors were allowed $5lO
each, having sat 51 days.
Mayor McClellan spent over $40,000
to defend his title a:ul says that he
had no regrets as to the course he
pursued, and that he feels that the
controversy will discourage the bring
ing of election contests of this sort in
the future. He said that had he sus
pected that his election was the re
sult of fraud, he would have acted
differently.
MEN RETURN TO WORK.
Coal Mines, Coke Ovens and Steel
Mills Again Busy.
Pittsburg, Pa.—There is happiness
in Bayardstown for two of the three
mills of the Schoenberger plant have
resumed work after a shut down of
three months. Between 1,500 and 1,-
700 nten went back to work. Within
a week the third mill will resume.
Then will follow, inside of ten days,
the continuous mill and one of the
two blast furnaces.
The Schoenberger plant is a sub
sidiary of the American Sled and
Wire company.
Altoona, Pa.—The Pennsylvania,
Beech Creek and Eastern Coal and
Coke company started operations in
their ovens and mine at Galitzen and
Bennington, near here, on full time.
This affected abount 1,500 men on
both places.
The ovens and mines have been
ctlosed since the first of the year.
DEAL INVOLVES $1,500,000.
J. J. Hill and Others Buy Great Falls
Water Power company.
Great Falls, Mont.—James J. Hill
Mid associates sold the property of
the Great Falls Water Power and
Transit company to John L). Kyan and
others for $1,500,000.
John D. Ryan, managing director of
the amalgamated Copper company,
and Johh G. Maronv, president of the
Daly Bank and Trust company of
Butte and of the First National Bank
of Great Falls, are the heaviest stock
holders. The purchasers deny that
Amalgamated Copper has any interest
In (he deal.
It is probable that an immense elec
tric generating plant will be conduct
ed at the •‘big'' falls.
ABANDONED SCHOONER FOUND.
Was Laden With Molasses —Life Boat
Gone and Crew Was Missing.
Norfolk, Va. —The dismantled three
mated schooner Charles L. SpragUe
was towed into Hampton Roads by
th® Cuban steamer Yumuri, bound
from Tampico, Mexico, to New York.
The Sprague had been in a gale
which carried away all three ot her
masts as well as her bowsprit. All the
life-boats are missing.
The Sprague, laden with molasses,
was bound from Porto Rico to some
northern port. Nothing was seen of
the schooner's crew by the Yumuri.
It is possible they were off by
aoine other vessel.
PATTERSON AND KUCHIN.
Tennessee and North Carolina Name
Candidates for Governor.
Nashville, Tenn.—la Saturday's
democratic primary, after the hardest
fought, bitterest and most picturesque
campaign ever known in Tennessee,
Governor M. R. Patterson won the gu
bernatorial nomination over E. W. Car
mack.
For supereme court judge, D. L.
Lansden was successful, B. D. Bell, in
cumbent, being an extremely close
competitor. For railroad commission
er, Frank Avent won over W. C.
Whitthorne.
The nominations are to be made in
convention, the primary being on the
county unit plan, county committees
naming delegates in accordance with
the vote cast.
The ninety-six counties will send
1,318 delegates to the convention, and
of these Patterson wMI have over 700.
His popular majority i3 between 8,000
and 10,000.
State-wide prohibition was the issue
on which Carmack based his fight,
while Patterson defended the present
status, practically local option, which
has come under his administration.
To Carmack’s banner the Woman’s
Christian Temperance Union and the
Anti-Saloon League were rallied, and
the state had been traversed by wo
men campaign orators, some from
other states. The women and children
continued to work for Carmack at the
polls.
Under the present law liquors are
only sold in Memphis. Nashville, Chat
tanooga, La Follette and Binghamton.
Follette voted against surrendering
its charter so as to come under tiffe
provisions of the present law. Bing
hamton is a manufacturing town iu
Shelby county, six miles from Mem
phis.
Charlotte, N. C.—William Walton
Kitchin, for twelve yeais representa
tive in congress from the fifth North
Carolina district, was nominated for
the governorship of North Carolina by
the democratic state convention at 8
o’clock Saturday after the warmest
fight in the annals of the state.
The convention has oeen in almost
at noon and the nomination required
continuous session since Wednesday
sixty-one ballots. In every respect the
contest has been remarkable. Lined
up against Kitchin were Locke Craig,
of Buncombe county, one of the most
popular democrats in the state, and
Colonel Ashley Horne of Johnston, a
prominent business man.
W. C. Newland of Caldwell county,
was nominated for lieutenant gov
ernor.
RABBI BITTEN BY DOG.
Doctors Say He Must Die Calmly
Awaits the End.
Cleveland, Ohio.—Waiting calmly
fc>r the fate that his physicians say
threatens him, Rabbi L. Friedman is
at his home the victim of a rabid dog.
if God desires to call me at this
lime 1 am ready to go,” the rabbi said.
“I don’t feel any pain yet and I trust
file treatment will be successful. But
the doctor seems to be discouraged.’’
Physicians refuse to make a fore
cast. Rabbi Friedman is sixty-four
years old, and has retired as an active
pastor. Several days ago he "was at
tacked and bitten upon the left hand
by a dog.
TRIED TO REDEEM SIO,OOO.
Clerk in Postoffice Responsible for
Loss Paid Back Over $2,000.
Pittsburg, Pa. —The Pittsburg post
office money order department has
been found to be $7,851 short, and
Frank T. McCabe, superintendent of
the department, has been placed under
arrest, charged with embezzlemeut
He says that four years ago the
Pittsburg postofflee was robbed of $lO,-
000 in cash on a Sunday afternoon,
that his carelessness was in the main
responsible for permitting the robbery
to be perpetrated and since he was the
only one inside the office who knew of
it he decided to pay the money back
as he could.
He had paid back more than $2,000
when his shortage was discovered.
McCabe, after a preliminary hear
ing, was placed under $2,500 bond
for a further hearing.
NEWSY PARAGRAPHS.
The Roosevelt, the vessel on which
Commodore Robert E. Peary will
make his coming polar expedition, has
arrived at New York City. Commodore
Peary is in Maine at the present time.
A movement has been started in
Essex county, New Jersey, in which
the late President Grover Cleveland
was born to raise a national monu
ment to his memory. It is expected a
committee to take the fund in New
Jersey will be appointed.
A tornado which swept over Clinton.
Minn., killed seven people, and in
jured 25. some seriously. Twenty
houses, a printing office and two
churches were blown down.
The Clyde Line steamship Chippe
wa, which struck a rock near Montauk,
is hard aground and will probablv
prove a total loss. Thousands of wa
termelons have been thrown into the
sea and hundreds of persons, many
from the Connecticut shore, have vis
ited the scene in power and small
boats to gather the rich harvest. When
ever a melon is washed ashore there
is a wild scramble among the beach
combers to reach tt. The opportunity
for such a feast of ripe melons is not
often seen on the Long Island horo
and the inhabitants are eager In grasp
ing it.
The law passed by the last Texas
legislature taxing barbers has been
declared unconstitutional by the
courts of that state, inasmuch as it
: makes a class distinction.
PROCEEDINGS OF THE GEORGIA LEGISLATURE
IN THE HOUSE.
June 25.
In the big cool hall of the house of
representatives Thursday the mem
bers observed the second day of the
second session by doing little and that
little easily.
A message from the senate was re
ceived, a resolution providing for a
joint committee from two houses to
prepare a memorial upon the death of
President John W. Akin.
The reading of new bills on intro
duction and their reference to commit
tees occupied a large share of the
morning session. Anew flood of bills
deluged the desks as on the first day.
Mr. Pope of Brooks offered a resolu
tion, which was adopted, that the hall
of the house be givep to the Georgia
Woman’s Suffrage Association on the
nights of July 9 and 10.
Out of respect to the memory of John
W. Akin, president of the senate, the
house adjourned at 11:45 o’clock.
June 26.
The house assembled at the usual
hour, 10 o'clock, Friday morning.
Prayer by the chaplain was followed
by the roll call and reading of the
journal. Under the heading of reports
of standing committees, Mr. Alexander
of DeKalb. chairman of the committee
on Western and Atlantic railroad, said
that his committee reported to the
house the bill, recommending the ex
tension of the railroad to the sea, and
also the bill providing for the issuance
of bonds to secure money for the con
struction of the extension. Mr. Hall
of Bibb announced that at the proper
time he would present minority re
ports on both bills. Mr. Alexander of
DeKalb also presented a joint resolu
tion recommending that the entire leg
islature go to Chattanooga on July 3
to inspect the state’s property in that
city. Mr. Alexander moved the adop
tion of the resolution.
Mr. Heard of Dooly and Mr. Hall of
Bibb opposed the passage of the reso
lution. Mr. Candler of DeKalb and
Mr. Porter of Floyd favored the in
spection. The call for the ayes and
noes was not sustained and upon viva
voce vote, the original resolution was
adopted. Speaker Slaton announced
the committee assignments of the new
members
The following bills, which came
over from the last session, were read
the third time and passed:
A bill to amend the criminal code
relating to liens for rent and advances
made by landlords.
A bill to amend the criminal code,
making criminal the sale of mortgag
ed property before payment of the
mortgage debt.
A bill to make penal the procuring,
of money upon a mortgage, when the
property mortgaged shall have been
lost or destroyed, without first inform
ing the holder of the mortgage of the
fact.
A resolution to pay Mrs. O. M. Case
for dwelling house burned toy convicts
at state farm. All these bills were in
troduced by Mr. Hines of Baldwin.
June 29.
A message from the senate was re
ceived. refusing to concur in the house
resolution providing for the proposed
trip of the general assembly to Chat
tanooga.
The bill requiring telegraph com
panies to deliver their messages
promptly on pain of SSO penalty for
each message was called up for pas
sage, and after extended debate was
tabled.
The bill of Mr. Adams of Chatham
prohibiting more than 5 per cent inter
est per month upon loans, and direct
ed at the business of_ “loan sharks,”
was taken up and * after several
amendments to it had been defeated,
was passed by a vote of 13 to 2.
The bill of Mr. Huie of Clayton pro
viding that two or more municipali
ties be permitted to co-operate in
working city convicts in one gang,
was taken up and defeated.
June 30.
A bill by Mr. Foster of Cobb was
providing where a common carrier
fails to settle an over* charge, duly
demanded for thirty days, the person
to whom the overcharge is due can,
upon establishing the correctness of
his claim in the courts, recover, in
addition to his claim, a penalty of not
less than SIOO, the same increasing
with an increase in the amount of
the claim, was passed.
Tiie bill permitting depositions to
be taken before justices of the peace
and notaries who are exofficio justi
ces of the peace, was passed.
The bill prohibiting any unauthoriz
ed person from stopping, starting or
otherwise interfering with a locomo
tive. was passed. Also a bill by Mr.
Reid of Putnam requiring monthly
publication of the doings of the board
of commissioners of roads and reve
nues of Putnam county.
A resolution providing that the
house visit the property of the state
in Chattanooga in spite of the fact
that the senate had declined to go
was referred to the committee on tem
perance. The house adjourned until
10 o’clock Wednesday morning.
EDUCATIONAL SOCIETY OEFICERS.
A. G. Candler Elected President, T. C.
Erwin Treasurer.
Atlanta. Ga. —At a recent meeting
of the Georgia branch of the National
Society for the Promotion of Indus
trial Education, Asa G. Candler was
elected president and Thomas C. Er
win treasurer. The approaching ses
sion of the society will be held in At
lanta on the I2th, 13th and 14th of No
vember.
The following are the vice presi
IN THE SENATE.
June 25.
The sepate spent two busy hours
Thursday, killing two bills, receiving
four new ones and tabling half a dozen
others as well as receiving a number
of nominations from Governor Smith,
which were laid over until Friday.
The first bill of the session for third,
reading in the senate was a measure
providing for an increase in the sala
ries of the supreme court justices
from $4,000 to $5,000 annually. The
bill was introduced by Messrs. Ste
phens, Walker, Knight, ’Wilkes, et al.,
and had been favorably reported by
the committee on general judiciary.
Mr. Felder and Mr. Camp vigorously
opposed the increase. One of the au
thors, Mr. Knight, agreed to let the bill
go over. Mr. Knight’s motion to table
was lost, it being the purpose of the
senate, evidently, to kill the bill out
right. Mr. Wilkes spoke in favor of
the increase. The bill was killed by
a vote of 27 to 5. A companion bill to
increase the salaries of appellate court
judges was killed also.
A number of other bills of more or
less importance was read a third time,
but none of them were acted upon.
At noon the senate adjourned until
10 o’clock Friday.
June 26.
President Flynt's gavel fell in the
senate promptly at 10 o’clock Friday
morning. After prayer by the chap
lain the journal was read and confirm
ed. Senator Felts of the Nineteenth
moved to reconsider the action of
the senate on Thursday on the bills
with reference to the bill to increase
the salary of supreme court justices,
which was defeated. Mr. Williford of
the Twenty-eighth called attention to
the fact that the bill does not carry
any present increase. Mr. Camp of
the Thirty-first, who, on Thursday, vig
orously opposed the increases, stated
that he be.ieved the bill should be re
considered. Mp- Felder of the Twen
ty-second district also opposed vigor
ously the reconsideration and also fa
vored abolishing the office of compiler
of colonial records, and retaining the
office of special attorney to the railroad
commission. Mr. Hayes of the Thir
teenth declared that he opposed the
increases, and proposed further to vote
to reduce the number of railroad com
missioners from five to three and to
also cut out the special attorney.
Messrs. Felts, Dean, Martin and Over
street spoke in favor of a reconsidera
tion. The previous question was call
ed, and an aye and nay vote showed
that the bill had been reconsidered
by a vote of 19 to 15.
As president of the senate, Mr.
Flynt has yielded all of his committee
appointments. Senator Hawes of El
bert succeeds Mr. Flynt as chairman
of the Western and Atlantic commit
tee. Senator Paul Akin succeeds Mr.
Flynt as vice chairman of the commit
tee on general judiciary. Mr. Akin
has been appointed also to the commit
tees on penitentiary, railroads and
constitutional amendments. The sen
ate unanimously voted to accept the
invitation of the Western and Atlan
tic committee of the house to visit
and inspect the state road’s terminals
in Chattanooga on Friday, July 3d.
The senate, by a vote of 20 to 15, de
cided to adjourn until Monday.
June 29.
A motion by Mr. Telder of the
Twenty-second district to consider the
action of the senate in voting to go to
Chattanooga July 3d, occupied the
time of the senate the entire session.
Camp and Hayes spoke fa
voring reconsidering the acceptance
of the invitation. Senators Peacock
of the Fourteenth spoke in favor of
the trip. The vote was 17 to 16
against taking the trip to Chatta
nooga. According to the senate rules,
there can be but one reconsideration
of a resolution. As this was a joint
resolution, the house can not go to
JJkattanooga unless the senate con
curs. The senate adjourned at 11
o’clock.
June 30.
Senator Williford of the Twenty
eighth gets the credit of the first gen
eral bill to be passed by the senate.
His measure provides tor uniformity
of school terms. Mr. Knight ques
tioned the wisdom of the bill and op
posed its passage. The bill was pass
ed by a vote of 25 to 4.
A petition from the penitentiary
committee, asking that Senator How
ard be designated as a member of the
committee, was read, and President
Bryant announced the appointment of
Mr. Howard.
A bill by Mr. Crittenden to prohibit
any ordinary, county commissioner,
Judge of any city court or county
court, sheriff, solicitor of any court,
or other county or court officer of this
state, from hiring or turning over to
any private person or persons, or any
corporation, etc., and person who may
hereafter be convicted and sentenced
for misdeameanor in any court was
passed.
The senate then adjourned.
dents of the Georgia branch, recently
elected: First district. George J.
Baldwin of Savannah; second district,
J. L. Hand of Pelham; third district,
Thomas G. Hudson of Ellaville; fourth
district. F. R. Gordon of Columbus;
fifth district, K. G. Matheson of Atlan
ta; sixth district. C. B. Willingham of
Macon; seventh district, W. W.
Brooks of Rome; eighth district. Harry
Hodgson of Athens; ninth district. Dr.
Jeff Davis of Toccoa; tenth district,
M. L. Duggan of Sparta, and eleventh
district, V. L. Stanton of Waycross.
UTE NEWS NOTES.
General.
Four persons were killed and many
injured by a dynamite explosion
which destroyed a grocery store and
the flats on the uppor floor adjoin
ing a saloon building at San Francis'
co. It is said to be the work of
thugs who have been engaged in oth
er work of a similar character, it jj
alleged, on behalf of defendants in
the graft cases.
Fire swept the heart of Jersey
City’s business section, destroying
three department stores and damag
ing a fourth. Two firemen were seri
ously, it not fatally hurt, by a falling
wall, trolley traffic was tied up for
more than three hours and thousands
of people had to walk to the Manhat
tan ferries.
Five known dead, and a score miss
ing and supposed to have been swept
away in the rush of water; fifty head
of railroad grade horses, houses
swept from their foundation and float
ing around in the water, entailing
enormous damage, crops and machin
ery ruined, several miles of track
washed away, are the result of a com
bined cloudburst and water spout at
Wellington, Kans.
Harvie Jordan, president of the
Southern Cotton association, and
President W. B. Thompson of the
New Orleans Cotton exchange, are
discussing the erection of warehouses
along the river front at New Orleans
capable of storing 2,000,000 *ales of
cotton.
For the second time in a week in
cendiaries attempted to fire St. Stan
isiaus college, a Catholic institution
at Chicago. Twelve members of the
faculty fled from the building wearing
night clothes. Within two years St.
Stanislaus parochial ’ school and
church have been burned.
An offer by Dr. Hamilton Fisk Big
gar, John D. Rockefeller’s physician,
to kiss any woman who would give
SIOO to the propaganda fund, created
the merriest time of the Homeopathic
National convention at Kansas City.
The fun continued for thirty minutes
and $5,000 was pledged, enough of it
by women doctors to keep Dr. Biggar
busy trotting up and down the aisles
trying to catch the givers and fulfill
his part of the contract.
A list of pensions granted by the
English government in the past year
for services to science and literature
include $250 yearly to an! Foun
tain, an American traveler and writer,
“in consideration of his contributions
to literature and his strained circum
stances.”
While temporarily insane, Mrs. Au
gust P. Johnson of Ida Grove, lowa,
drowned her four little children in the
cistern at their farm house.
The sultan of Turkey, anxious to
win the esteem of the American peo
ple, has conferred the degree of Grand
Cordon of Chefakat on Mrs. Roosevelt
and her daughter, Ethel. As yet no
acceptance has been received. This
decoration is the highest rank, and is
reserved for favorites of the Sultan.
It is usually conferred on those who
have been of assistance to the sultan
in financial matters or helped him in
diplomatic difficulties.
The will of Benjamin Hart, an Amer
ican millionaire, who died in Paris,
which has been filed in New T York and
which left his entire estate to his
housekeeper, has been attacked by
his adopted daughter on the grounds of
undue influence.
As the result of an explosion in the
plant of the Babst Chemical company
at Chicago five women *were burned
to death and more than a score of oth
ers seriously injured.
Following prolonged negotiations
both at Tokio and Pekin on the gener
al subject of the commercial depart
ment of Manchuria, the Japanese gov
ernment instructed its charge d'af
faires at Pekin to notify China that
Japan wmuld throw no obstacle in the
way of the development of Chinese
territory in Manchuria.
Washington.
Secretary Cortelyou has stated that
he had no intention of taking any im
mediate action whatever as to the 3
per cent Spanish war bonds of 1908-
The United States National Museum
at Washington has received as a gift
from J. N. Leger, the Haytien minis
ter to the United States, a case con
taining models representing over 100
different vegetables and fruits of Hay
ti, arraqged for exhibition purposes.
Acting Secretary of State Adee and
Mur. Godoy, the Mexican charge, ex
changed ratifications of a general ar
bitration treaty. The treaty is simi
lar in provisions to those between the
United States and various European
governments.
Admiral Capps, chief of the bureau
of navigation and construction, left
Washington for San Francisco, from
whence he will sail with the fleet to
inspect Pearl Harbor, Hawaii, where
the government will spend millions
on a naval station.
The completion of the arbitration
treaty between Spain and the United
States has been announced. This one
of many treaties being concluded with
European powers in pursuance of Sec
retary Root’s policy.
President Roosevelt received the fol--
lowing telegram from King Edward :
“London. —The President, Washing
ton: I am most grateful for your kind
congratulations on the official celebra
tion of mv birthday. I desire also to
express my deepest sympathy at the
loss of your distinguished predecessor,
Mr. Cleveland. Edward, R.”
The district health department re
ports that fifty-nine children under
the age of two years died in the Dis
trict of Columbia last week from ir:
testinal troubles brought on by the
heat.