Newspaper Page Text
Same umpire
| IN EVERY CASE
(is Offered Railroads ia Tax Arbi
j. tration Proceedings.
IcOKALLED BY STEVENS
*©«orgU Railroad Commissioner Says Prop
osition Must Bo Accepted g>r Let
Governor Appoint.
*'l offer you Judge A. L. Miller of
Macon an umpire in the case of the
tax returns of all the hieam railroads
(which have not accepted ihe comptrol
ler general’!* assessments You may ac
(••pt him or let the matter go up to
•Governor Smith for the appointment of
two arbitrators to represent the
•tate.”
Such, in substance, was the proposi
tion put by Georgia Railroad Comnna
aioner t). B. Stevens, appointed to rep
resent the state, to the arbitrators for
the three largest railroad systems In
the state at their ctufereuce held on
'.Thursday in the office cl the railroad
commission in Atlanta.
There was a howl in camp, of course,
but Commissioner Steven*; was deter
'juiued in his purpose, and the railroad
arbitrators, after a dis< iis.--.iou pro and
con, In the course of which they found
they were unable to shake the state’s
representative, retired to ihiuk it over
and determine in the course of tho
W\t two or three wet Its just what
•they will do about it.
Commissioner Stevens told them if
ihey would oiler any reasonable and
.'valid reason as to why fudge Miller
should uol serve in thal capacity, he
would endeavor to select another man;
!hut, until some good reason was shown
pbe insisted on his original proposition
and said he proposed to stand by It.
Tho three railroad arbitrators who
met Commissioner Stevens were Judge
JB. B. Adams of Savannah, representing
Ithe Atlantic Coast Line; lion Roland
Ellis of Macon, represen ing the South
ern railway, and Hon. Aiex W. Smith
of Atlanta for the Central of Georgia.
The Seaboard Air Line and the At
lanta and West Point tax assessments
are also to be arbitrated, and when
they come up to Commissioner Stevens
he will also offer Judge Miller as um
iplre, It being his determination, for
ithe sake of uniformity us near as it is
possible to get it, (o liav;- the same
wmpire in all cases. All other steam
railroads to be arbitrated, therefore,
may count on the same proposition as
was made In the foregoing cases.
Commissioner Stevens reached the
soncluslon to lake Ihis position sev
eral dago ago. First ami foremtst,
It was his desire to have a borard
whose conclusions would an nearly as
possible equalize the values of the va
rious railroad properties .if the state.
In order to do this, it is necessary to
Lave practically the same bo xrd in all
e*°es.
In the next place, it v his deter
mination to select a man who repre
sented the very essence of the Macon
platform, and who, he believed, would
carry out the wishes of the people as
therein expressed. That. Judge Miller,
who was chairman of tho Macon con
vention and chairman, of the stedo
democratic committee, is such a man,
there can be no possible question or
doubt.
Again, It is well known that an ef
fort lias been made to bring about a
Change in the method of appointing ar
bitrators, and to have <t uew law en
acted at once, as rumor had it, with
the avowed purpose of dispensing with
the services of Commissioner Stevens
to this connection. The lull in ques
tion. which was introduced by Mr. Al
exander, of DeKalb, was unfavorably
reported by the committee to which it
was referred, and thus practically
killed.
SCHMITZ IS DENIED BAIL.
Mnprisoned Mayor is Also Barred From
Visiting His Attorneys
Judge Dunne at San Francisco refus
ed to admit Mayor Schmitz to bail and
donied him the privilege of visiting his
attorneys. Sohmitz appeared in court
Wednesday to ask for bail and to an
swer the indictments charging him
with accepting bribes from the gas
company and the United Railroads
la the first he failed. The second was
m formality and was carried through
without incident.
CHICAGO IS SHOCKED
Over Discovery That Society His Been
Buncoed by Negro Girl Posiag
as a White Person.
A Chicago disparoh says: It has
been the fortune of Cecilia Johnson,sis
ter of "Mush-Mouth” Johnson, the ne
gro gambling king, whose illicit, traf
fic has been the despair of the city's
reform element, to furnish the great
est sensatiou ever uncovered in the
University of Chicugo. As a leader of
society In the Rockefeller school and
a member of one of the most exclusive
societies, she posed for more than
three years as a white girl and won
her way to the top of the "varsity so
cial leader.”
Cecilia Johnson has ben a student
in the university for five years, and
her social triumphs extended over the
grea:er part of that period.
Her card was always the first to be
filled in the numerous dances of the
university students, and her company
was sought after by all the young
bloods of the institution.
The discovery that she is the sister
of “Mush-Mou:h” JJohnson was made
scarcely a month ago, and since that
time she lias ben dead to the exclusive
society. The discovery came as a
blow to the co-eds and men students
alike who had never suspected such
a contingency.
The -young negress lives with her
mother and brother at No. 4830 Wa
bash avenue, a large two-story brick
house, loaded with luxurious furijish
ings. The co-eds tell stories of won
derful mirrors, gold chairs and val
uable paintings by old masters which
adorn the reception rooms and the
front hail. The lower front windows
are barred and the back windwwe and
doors are guarded by immense iron
shutters and padlocks to prevent
thieves from carrying off the costly
decorations and plate.
The university co-eds claim in self
defense for their aparent haste in ta
king the girl to their hearts that she
never would have been recognized as
any other than an American of good
family, owing to her light complexion.
Her second year in the university
she was elected president of Engle
wood House, one of the exclusive girl
clubs.
One of the Phi Delta Phi society
girls declared that Cecilia Johnson
had no claim to membership in the
order, even though she had been a
charter member of the society.
"We all liked her very much until
we found out that she had deceived
us,” said this young woman. "Now
she will have to take the conse
quences."
HARGIS WINS LAST ROUND.
Final Trial of Notorious Feudist Results
in Acquittal.
At Sandy Hock, Ky., Saturday morn
ing Judge Moody instructed the jury
in the case of James Hargis, on trial
for complicity in the assassination of
Dr B. D. Cox, to acquit the prisoner.
This is the last case against Hargis
for complicity In the assassination of
Dr B. D. Cox, to acquit the prisoner.
This is the last case against Hargis
for alleged complicity in the Breathitt
county crimes and Hargis walked from
the court a free man.
PRINTERS’ UNION HELD LIABLE.
Expelled Member is Awarded $3,500 in
Federal Court.
The Unitea States court at Seattle,
Wash., has ordered the Seattle print
ers' union to pay $3,500 to an
member. Tho court decrees that a la
bor union, even though not incorporat
ed, is liable in damages for its acts
as a partnership.
The avowed purpose of nou-iucorpo
rating by the labor unions, the court
holds, is to avoid the liability of an
incorparted organization.
SENTENCED TO THE CHAINGANG.
Ticket Agents Found Guilty in Asheville,
N. C., Police Court. -
James H. Wood, district passenger
agent, and Ticket Agent O. C. Wilson
of the Southern railway were found
guilty in the Asheville, N. C., police
court Thursday of selling tickets in
disregard of the new rate law and
each sentenced to thirty days on the
chaingang. Wood is a member of the
j board of aldermen. Li:tie doubt Is felt
j that some way will be found to save
Wood and Wilson from serving the
sentence.
HOUSE SHOWS
BY TEST VOTE
How Georgia Representatives Stand
On Prohibition Measore.
115 FOR TO 30 AGAINST
Bill Read Second Time After Over Five
Hours of Filibustering by the
Minority.
That the prohibition forces in the
Georgia legislature are In full control
of the house of representatives was
conclusively shown Friday, when, after
over five hours of filibustering by the
opponents of the Hardman bill, the
house, by a vote of 115 to 30, ruled to
Buspenud all rules and take up the pro
hibition measure for the second read
ing.
From 10 o’clock until 3:23 the house
sat in continuous session, and the ef
forts of the anti-prohibitionists prevail
ed up to that time in preventing the
second reading of the senate prohibi
tion bill.
Shortly after 3 o’clock, with Mr. Hol
der of Jackson presiding, a motion
was made to suspend all rules of the
house and take up the senate bill at
once.
Amid a clamor of shouts from the
anti-prohibitionists of “Mr. Speaker, *’
"I rise to a point of order,” "Mr. Speak
er, I rise to a question of personal priv
ilege," and the like, none of which
were heeded,Acting Speaker Holder de
clared the motkpa to suspend the rules
ordered, and on the call of the aye and
no vote to see whether the rules should
be suspended, the vote showed 114 for
the suspension and 30 against.
With one or two possible exceptions,
this shows how the house will vote on
the passage of the bill. Messrs. Hall
of Bibb and Ryals of the same county
being the possible exceptions.
Following the announcement that the
bill would be taken up out of its regu
lar order and read, despite the alleged
filibuster, caused the prohibitionists in
the house to shout and stamp their
feet, while the W. C. T. U. delegation
waved their handkerchiefs in unalloy
ed glee. The vote was taken after the
house had worn itself out with "points
of order,” “personal privileges,” and
the like.
It was hot, tired and hungry and
simply ran away with itself when the
moment came for the majority to ride
rough-shod over the whole house.
The senate bill was read the second
time. Three hundred copies of the sen
ate Dili, with amendments, were order
ed printed, and the house adjourned
at 3:20 after a five and a half-hour
session, hungry and haggard.
During this session of the house,
which came up like a storm out of a
clear sky, Mr. Wright of Floyd secured
the floor, and, as the acknowledged
leader of the prohibitionists on the
floor of the house, attacked the young
er members of the house, declaring
that they were attempting this fili
buster with the intention of defeating
the will and wishes of three-fourths
of that body.
He became greatly exercised as he
spoke and implored the prohibitionists
to stick together, to stand fast and de
feat the object of these “young city
members, for if they ride rough shod
over you today it will be a repetition
of the same kind tomorrow.”
He concluded by saying that the sup
porters of this prohibition measure
would sit in the house until they drop
ped from exhaustion before they wouid
adjourn until the house had heard read
the senate prohibition bill for the sec
ond time.
His remarks prompted a number of
the younger men of the house to rise
to questions of personal privilege and
defend themselves of the imputed
charge. Notably strong and able
speeches were made along this line by
Mr. Barrow of Chatham; Mr. Adams of
the same county, Mr. Hines of Bald
win, Mr. Slater of Bryan, Mr. Slade
of Muscogee and others.
Mr. Wright got the floor and dis
claimed all intention of including Mr.
Slade among those referred to.
Mr. Barrow was the first of these
speakers, and he proved himself a
strong speaker by the able manner in
which he defended himself and col
leagues on the stand that they had
taken in this matter, and declared that
every man was the keeper of his own
conscience and delegated the right to
no man to control his own conscience
or action.
j NEW LAW NULLIFIED.
Judge Pritchard Smashes Penalty Clause
in North Carolina’s Railroad
Rate Statute.
The penalty clause of tho new North
Carolina state rate bill was declared
unconstitutional and void by United
Statc-s Judge Pritchard at Asheville,
N. C., Monday. James H. Wood, dis
trict passenger agent of the Sou:hern,
and C. Wilson, the ticket agent of tne
same road, who were recently sentenc
ed to thirty days on the chaingang for
violation of the new law, were dis
charged on habeas corpus proceed
ings. „ (
In his decision Judge Pritchard said
that the penalties inflicted by the stat
ute would close the doors to a judi
cial hearing and would amount to $2,-
500,000 a day if the penalty was en
forced on the sale of each ticket, which
is eight times more than the amount
involved in the original suit. Also
that it would do violence to the comity
which exists between the state and
federal courts. While not imputing any
improper motives to officials or state
courts, Judge Pritchard remarked that
if such a course of conduct was per
mitted to be pursued it would have
the effect of defeating the jurisdiction
of the United States court. Continuing,
Judge Pritchard said:
“It will be a sad day for the people
of North Carolina when its citizens are
prohibited by acts of the legislature
from securing any rights guaranteed
to them by the constitution of the Uni
ted States. Suits of this character have
been brought in different states of
the union and in every instance fed
eral courts have proceded to determine
questions involved without Interfer
ence, hindrance or delay by legislative
or judicial authorities of such states.
“The equal protection of the law is
guaranteed to every ci.izen of the Uni
ted States, and I shall employ all
means within the power of the court
to secure to all persons who may in
voke jurisdiction of this court such
rights to the fulest extent of the law.
If the law Is construed in a spirit of
fairness and Impartiality there can be
no conflict of jurisdiction between the
state courts and the courts of the Uni
ted States.
“In this instance the federal court
has not been the aggressor, but has
simply adopted the regular practice
and procedure which has been ap
proved by the supreme court of the
United States in a case of like nature,
and while the court is not inclined to
do anything that will produce an un
seemly conflict, nevertheless it is in
cumbent upon it to protect the rights
of the parties to this controversy and
the dignity and authority of this court.
This cannot be accomplished without
preserving to the fullest extent the ju
risdiction of the court in determining
the question which has been submitted
to it for consideration.
“The court is confronted with open
and avowed opposition by the powers
of the state. The penalties prescribed
by the state statute for charging mole
than the statutory rates are so errone
ous that if permitted to be enforced
they would practically bankrupt the
railroads in an exceedingly brief time,
and before a final hearing could be had
in the case, and thus place the com
plainant in a position where it would
be powerless to assert the rights guar
anteed to it by the constitution of the
United States.”
Many think the state authorities will
take some action in the direction of
more penalty suits. President Finley,
General Counsel Thom and other of
ficials of the Sotuhern railway are
awaiting the next move.
After Judge Pritchard had signed the
judgment, Judge J. H. Merrimon, spe
cial counsel for the state, gave notice
of appeal and waived bonds, but under
the law r the court fixed a bond of S2OO
each for Wood and Wilson. Both sides
co-operated to make the appeal as
simple as possible in order to present
the point at issue to the supremo
court.
ACT OF BANKERS ENDORSED.
Atlanta Chamber of Commerce Wants Pro
* hibition Law Delayed to 1909.
Without taking any stand as a body
on the question of prohibition now agi
tating the state of Georgia, but rep
resenting the business and commercial
interests of Atlanta, the board of di
rectors of the Atlanta chamber of com
merce Thursday adopted a resolution
indorsing the resolution of the Atlanta
Clearing House Association, requesting
the legislature to postpone the date on
which, in the event of its final pass
age, the present prohibition bill will go
Into affect until January 1, 1900.
FARMERS HOLD
ANNUAL MEET
Georgia Division of Union Gather
in Force at Atlanta.
A HOST OF DELEGATES
Convention Called to Order by President
Duckworth and Business is Quick
ly Gotten Under Way.
More than two hundred delegates to
the Georgia branch of the Farmer*’
Union were present in Atlanta Tues
day morning when State President
Duckworth called that organization to
order in the Peachtree Inn assembly
room.
All during the morning delegates
continued to arrive and when the
Georgia branch convened in the after
noon in the hall of the house of repre
sentatives President Duckworth faced
many representative farmers of the
state.
• Among other members of the organ
ization in attendance were Hon. Chas.
S. Barrett, national president of the
FariJhers’ Union; J. L. Barron, secre
tary to President Duckworth; J. J.
Lee, state organizer; J. G. Eubanks,
business agent, and G. M. Davis, state
lecturer.
In calling the Georgia branch co or
der President Duckworth expressed his
pleasure at seeing so many repre
sentative members of the organization
present. He spoke briefly of the great
growth the state and the national or
ganizations had shown daring the
year, and, deferring his annual ad
dress to a later session, declared the
house ready to proceed with busin ss.
A committee upon credentials was
named, and upon that committee J.
R. Campbell of Barrow, Z. R. Taylor
of Dodge and U. S. Foster of GLrner
were placed, and, while the committee
was at work, G. M, Davis of Floyd,
business lecturer, was named as a
press committee, with full power to
equip members of the press with such
matters as it was thought best to give
out for publication. Addresses were
made by W. C. Bryan of Coffee and
S. E. Leigh of Coweta.
A resolution was passed inviting
Governor Hoke Smith and Dean Soule
to address the members of the union
#
at the state house during the evening,
the speaking to begin at 8 o’clock.
During the afternoon Dean Soule of
the state university, talked on educa
tion and agriculture, and advocated
the establishment of colleges and
schools in which agriculture should be
the cardinal point. The various of
ficers submitted reports, and each of
these showed that the union was grow
ing.
The hall of the house of represent!*
tives was well filled at th e meeting
at night, when Delegate Leigh of Cow
eta arose to introduce Governor Hoke
Smith to the members of the union.
The governor opened by declaring
his pleasure at seeing so many good
citizens before him. He referred to
the recent campaign, declaring that ho
was earnest in his desires to carry out
every promise he had made as he had
been when he addressed the people
over the state. He reviewed many of
those promises and asserted that their
redemption had practically been be
gun. He expressed great confidence ia
the legislature now in session and
paid a high compliment t 0 that body.
He felt sure that the free pass evil
was - practically a thing of the past,
and asserted that the railroads would
have to return their property at a cor
rect valuation. He congratulated the
farmer upon, his condition of prosper
ity and made a plea for bet;er schools,
declaring that it was the one greatest
need of the present. He touched upon
the school teachers’ salary and spoke
of the deficit in their money.
GROSS NEGLIGENCE IS CHARGED.
Burning of Steamship Allegheny to Be
Thoroughly Investigated.
Fololwing the burning of the steam
er Allegheny off Tvbee Island Wednes
day night, the department of commerce
and labor has ordered an immediate
investigation.
The fact that the steamer caught
fire and was lost within three hours
after leaving her dock at Savannah,
and the lack of ability by the officers
and crew to control the flames have
given rise to the belief that there was
mismanagement or negligence some
where.
