TERMINAL DEAL OFF
Slate Cannot Buy Land in Chat’
tanooga for W. & A. R. R.
NO MONEY IN TREASURY
Attorney General Hart Rules That
Treasury Funds Can Be Used Only
For School Purposes.
Atlanta, Ga. —Georgia will not pur
chase the 87 acres near Chattanooga
lor the Western and Atlantic termi
nals at this time, at any rate.
tinder a decision rendered by Attor
ney General Hart at the request of
Governor Urown, it is held that the
money now in the state treasury can
not he used for this purpose, because
this money was raised by a special tax
levy lor the support or the common
schools.
Thejefore, unless the options on the
Chattanooga property can be extend
ed until the state has the money for
this purpose, the deal will be oil and
the chance to acquire the land will
have passed. Governor Brown had
doubts about the matter, and direct
ed a communication to the attorney
general. He staled specifically that
he was anxious to comply with the
request of the legislature in its reso
lution if It could be done now. Gov
ernor Urown says;
“The legislature of 1907-08 appro
priated $2,500,000 for the oommon
schools ot the state for the year 1909.
The state is short nearly $2,000,000 in
meeting this appropriation. Under this
statement of fact, would I be author
ised to draw my warrant and would
the treasurer have the authority to
pay this $09,000 for the purchase of
this vacant land which we may pos
sibly need for railroad purposes ten
years hence?’’
After «tatlng (he facts in the case,
Attorney General Hart decided as fol
io wrs:
"Tlie money now remaining in the
treasury ($160,000) was raised by a
special tixx levy and for the support of
the common schools of the state. The
teachers of the state have performed
the service upon the faith of that
promis>e (hat it would bo paid them for
their services. The teachers have ex
ecuted their part of this contract and
the state now owes them the money
which it had pledged would be paiu
them. For a subsequent legislature to
divert the money and apply it to a dif
ferent purpose from that which it was
raised by taxation and pledged by
the statu, amounts substantially to
the Lnipaxr.me.iit of a contract, which
is forbidden, both by the constitution
of this state aud the United States.
In view of theso conditions, there is
at present no money in the treasury
which could legally be used for the
purchase of the land in question.”
Under this ruling it would appear
that the state cau not use the funds
now on hand for any purpose other
than that of the common schools, and
this means a serious money situation
in carrying on the necessary work
of the land in question.”
Under this ruling it would appear
that the slate cannot use the funds
now on hand for any purpose other
than tlxa.l .of the common schools, and
this means a serious money situation
in carrying on the necessary work of
the state.
i MIJKKAY COUNTY PHENOMENON.
S. Treadwell's Face Weaves Itself In
to Marble That Covers His Tomb.
Spring Place, Ga.—Slowly, as if
painted by the hand of time itself,
and as surely, the stern, rugged line
aments of Smith Treadwell’s features
are being worked In the solid mar
ble that covers the tomb where for
years he has slept beneath the soil
of Murray county.
In the massive rectangle of Geor
gia marble—the world-tamed “cre
ole,” of black and white —now appear
with a distinctness that grows more
striking with each passing year, the
strong, high and bearded features
of the. Murray county pioneer.
It is not the stain of weather. It
!s not the corrosion of time. To ail
appearances, it is the gradual shifting
of the fadeless black crystals that
streak the eternal marble.
The shifting has formed a face.
The fare is mat of Smith Treadwell.
The gradual appearance of the face
has been noticed for the past five
years.
lOLQum mm heik tu fortune,
JWra. Florence Horne Soon to Come
J/ito Possession of $75,000.
Moultrie, Ga. —Mrs. Florence Horne,
wife of Jonn Horne, a farm tenant of
Colquitt county, is to soon come into
possession to a fortune worth $75,
WOO. The property is the estate of a
Mr. Wheeler of Emmanuel county,
and is now involved in the courts,
but attorneys for Mrs. Horne believe
they have the light won.
Mrs. Horne was formerly a Miss
Wheeler. Her mother was a Miss
Florence Meadows. She married Mr.
W heeler jn Emmanuel county.
She was deserted three months af
ter her marriage. a child was born
to her, and the deserted rnothar and
child were brought into this county
by the father of the former, and have
resided m Colquitt and Worth for 5u
years.
The widowed mother secured a di
vorce and married a mau named Am
mons, raising a large family. Flor
ence Wheeler grew to be a young
lady, married a poor farmer boy and
has remainod in very humble circum
stances for all these years.
GEORGIA NEWS IN PARAGRAPHS.
Secret serviee sleuths from the de
partment of Justice in Washington
are bow investigating the truth about
the peonage charges against Colonel
James M. Smith, the millionaiie plan
ter of Oglethorpe county. It is known
that negroes who made the charges
against Colonel Smith to the federal
authorities have been interviewed by
these sleuths and that a full report
on the case is being secured. It is
quite probable a visit will be paid C»l
--ouel Smith's plantation and possibly
the sleuths will call on the colonel
himself. Whether or not any action
against the Oglethorpe planter is tak
en will depend entirely on what the
men from Washington hnd out. Their
report will be made to the depart
ment of justice and if the facts ascer
tained warrant prosecution , orders
will be passed down the line to the
Atlanta office.
Governor Brown Is in receipt of
another gourd. This time he has been
favored 'by his triends in Habersnam
county, and on the handle of the
gourd is inscribed, "Habersham coun
ty. 1909.” One of the governor's visi
tors a day or so ago told him that
the governnor’s gouid had made that
old-fashioned drinking utensil the
thing in this county. He said that
the market for gourds was brisk and
that they had become quite the thing,
as a drinking vessel in the fashion
able society of his community.
A case of pellagra, the victim of
which claims never to have eaten
corn bread or any corn products, has
been discovered in Atlanta. Mrs. Kate
Barto is the patient, and she is in
the last stages of the disease. Ur.
Frank Eskridge, who claims to have
treated many cases of the disease,
says he doubted his own diagnosis
and thought she might be a victim of
"sprue," a disease known to the trop
ics, with symptoms resembling those
of pellegra. He called in a physician
who has had years of experience, in
the tropics and found that his orig
inal diagnosis was correct. "I am
convinced now,” he said, "that the di
sease does not come from musty corn
products.”
The second flight at Athens of the
aeroplane of Ben Epps and Zump
Huff was not as successful as the
first. The fiist uttempt at flight the
machine left the ground about one
foot for a distance of fifty yeards, but
at the second trial the aeroplane fail
ed to leave the ground. The attempt
at flight was witnessed by fully a
thousand people. The failure of the
machine to ny is attributed to the
roughness of the ground and the poor
sturt received. Instead of having a
trackway prepared along which the
machine could glide to its start, the
young men chose to make the start
on the plain hillside which had more
or less unevenness. The result was
the machine got no start and there
was much lost motion. The twisting
of the machine over the uneven
ground caused one of the wheels to
spread aud the machine was brought
to a sudden stop. The young men will
have a trackway constructed at once
and will enlarge the propeller blades
of the machine. They were not in
the least daunted by their failure and
will try again in a few days.
William H. Mitchell of Thomasville
must serve twelve months on the
chaingang. Governor Brown reached
a conclusion on the famous case, ami
announced that he would allow Bhe
sentence of the court to stand undis
turbed, thus ignoring the recommen
dation of the prison commission to
change the sentence of twelve months
on the chaingang to a like period on
the state prison farm at Miliedgeville.
Atlanta’s postofflee receipts for
August, 1909, are $70,691.02, an in
crease of $2,474.36 over the receipts
for the same period last year. This
means that unless something phenom
enal has happened in the Louisville
er*N'ew Orleans offices, Atlanta has
more than retained her proud position
which the July, 1909, figures gave her,
at the head of all the postoffices in
the south. The figures for July, 1909,
were $70,345.85, and represented an
increase cf $4,510.28 over the receipts
for the same period in 1908.
Fire swept three stores on Broad
street in Rome causing a total dam
age of SBO,OOO, fully covered by insur
ance. Tlie same section was visited
by a $150,000 fire last January.
That Major J. F. Hanson, president
of the Central of Georgia railroad,
will rile an answer to the suit for di
vorce Instituted by his wife, was pos
itively indicated. “I will file my an
swer to the petition for divorce with
the courts,” said Major Hanson, after
saying that he did not care to discuss
the matter. He had just been called
upon for a statement for publication.
Major Hanson returned to Atlanta,
after a month’s vacation spent in the
west. It was during his absence that
Mrs. Hanson filed suit for total di
vorce.
Because no one in Albany can open
its doors, the big manganese safe of
the Citizen’s First National .bank,
with a cash reserve of $50,000 in gold
and legal tender notes, fc being ship
ped by fast express to Cincinnati so
that the manufacturers can open the
big vault. The screw door of the safe
refused to move when the usual meth
ods of opening the safe were tried on
it. Experts trom the Cincinnati fac
tory were huFried to Albany and
worked on the safe unsuccessfully for
three or four days. A new safe was
hurriedly shipped from the factory,
and the one in which the bank's cash
is locked was expressed to Cincinnati,
where the door will be ground through
with emery wheels and the cash tak
en out. One of the officials of the
bank went with the safe to Cincinnati
and to be present when it is opened.
PEARY ALSO FOUND POLE;
Another Arctic Explorer Finds
the Apex of the Earth.
NEWS PLEASED DR. COOK
“Stars and Stripes Nailed to the North
Pole,” Lieutenant Perry Wires
the Associated Press.
PEARY FOUND POLE
ON bTH OF ArrtlL, 1909.
“Indian Harbor, via Cape Ray,
N. P. —To Associated Pieos, New
Yoik; Stars and Stripes nailed
the North Pole.
“(Signed) PEARY.”
“Indian Hai bor, via Cape Ray,
N. b\ —Hei non L. m icigmau,
X. Y.: Pole reached. Roosevelt,
safe.
"(Signed) PEARY.”
New York City.—Peary has suc
ceeded.
"Stars and Stripes nailed to the
North Pole.”
From out the Arctic darkness there
was dashed this message which stun
ned the scientific world and thrilled
the heart of every layman. Front ute
coast of Labiatlor, rtobert E. Peary
gave to the wuriu the news that he
had attained his goal in the far north',
while at the same moment in far off
Denmark Dr. Frederick A. Cook or
Brooklyn was being lionized by roy
alty tor the same achievement.
Undeniably Yankee grit nas con
quered me frozen north and tnere nas
been created a coincidence such as
the world may never see again. Two
Americans planted the fiag of tneir
country in tne tand ot ice which man
has sought to penetrate for four cen
turies, and eacn ignorant of the oth
er's conquest has named within a pe
riod of live days a laconic message
ox success to tne waiting world.
First word of Peary's success reach
ed New York in a uispaieh to the
Associated Press. It contained the
bare announcement of his rinding tad
poie. Almost simultaneously he had
transmitted the news to London. Ai
tne same time ho similarly advised
the governor of Newfoundland. »
Boui the old and the new world
were thus apprised of n«s great
acmevement piacticany at the same
moment, and the excitement whicn
lolioweu attested to tne mgn pitch of
interest aroused over this climax of
mans perseverance. Newspaper ex
tias were rushed from the press and
those who read marveled at the twist,
of the universe wnich nad siiatcneu
the ice mask from the norm in n
manner so strange.
Copenhagen, Denmark. —Copenha-
gen was electrified by the report of
Commander Peary s announcement
mat he nad reached the North r-oie.
Dr. Cook was immensely iiuerested
and said:
"That is good news. I hope Peary
did get to me poie. His observations
and reports on that region will con
firm mine.”
it is doubtful if history furnishes a
more dramatic episode tnan me break
ing of uie news to Dr. Cook that
Peary had realized the goal of his
life’s amuition, and repeated strug
gles. Dr. Cook was seated at a din
ner surrounded by explorers
Amid this scene a whisper went
around that Peary had planted the
stars and Stripes at the pole.
Dr. Cook did not permit the whis
pers which came to nis ears of Pea
ry s success to move him in the least.
He was surrounded by correspond
ents, who looked for some sign of
emotion, but the explorer said, smil
ingly:
"1 am glad.”
Asked if there was any probability
of Peary’s having found the tube con
taining his records, Dr. Cook re
plied;
"I hope so, but that is doubtful on
account of tne drift.”
Dr. Cook added:
"Commander Peary reached the
pole this year probably; while 1 was
there last year. His route was sever
al hundred miles east of mine. We
are rivals, of course; but the pole is
big enough fer two.
"That two men got to the pole
along different paths,” continued the
explorer, "should furnish large addi
tions to scientific knowledge. Prob
ably other parties will reach it in the
next ten years since every explorer
is helped by the experiences of his
predecessors, just as Sverdrun’s ob
servations and reports were of im
measurable help to me. I can say
nothing more without knowing fur
ther details, than that I am glad
of it.”
WILL NOT MOVE HOLY SEPULCHER.
Pius X Says Relic Belongs to Tradi
tion and History of Jerusalem.
Washington, D. C. —Mgr. Diomede
Falconio, papal delegate to the Unit
ed States who recently viisted Rome,
denied that Pope Pius X had set on
foot a movement to move the holy
sepulcher from Jerusalem to Rome.
He further asserted that the pope
would be the very last person to con
sent to thfe change.
His holiness on more than on oc
casion has placed himself on record
that the holy sepulcher is essentially
a relic that belongs to the history and
tradition of Jerusalem and that mov
ing it even to Rome would be an of
fense of the gravest character.
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