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THE MACON TELEGRAPH
KilnblfthMl 18M.
ToUffnpSi PoblUhlns Co^ PwbUcl>*r.
MACON. GA., TUESDAY MORNING, JANUARY 22, 1895.
Mingle Copy,/} Cent*
1I,0. X 8. H i
It Is' Going Through to Savannah
* In Spile of the Central’s
Tricks.
mil USE THE S„ D. It W.'S GRADE
Judge Speer Has Granted an Order
Show Cauie in Savannah on the
’• Fourth of February—Con-
denuation Proceed Inge.
The Macon, Dublin and Savannah railroad
people have a charter to run a lino from
Macon to Savannah. Their road ia already
completed and in profitable operation from
Macon to Dublin, but they propose to go on
through to Savannah. In 1885, before the
Macon and Dublin had'Secured a charter
beyond Dnblin toward Savannah, another
charter was granted for a line to be run from
Savannah via Duolin to Americas, both roads
to he owned and controlled by the same peo
ple. A certain amount of work had been
done under both charters when under a bill in
tlio city court of Chatham county the Savan
nah, Western and Dublin property was sold at
receiver’s sale. B. A. Denmark, of Savannah,
bought in the property, ostensibly with no
fight except as a lriend acting either for the
Central or for tho Savannah and Western peo
ple. The Macon and Dublin was in* r.o wise
involved in this litigation, and hence pro
ceeded to extend their charter from Dublin to
Savannah. This portion was graded by the
Savannah and Western before that lino was
gobbled up.
This graded portion, commencing about
thirteen miles from Savannah and coming this
way about forty-five miles, is in a diroot lino
of tho Macon, Dublin and Savannah railroad
now being operated to Dublin.
The Macou, Dnblin and Savannah pooplo
want to extend their road throngh to Savan
nah. They are determined to do so." Mr.
Denmark and the Central railroad receivers
will have to shbw cause before Judge Speer at
Savannah on tho 4th of Febuary why the
Macon, Dublin and Savannah can’t uso theold
graded roadbed of theSavannanand Western,
running from Savannah to Americas via
Dublin. Judge Speer bus already granted the
order requiring them to mako such showing.
The roadbed is lying idlo in that portion of
tho state, with no prospects of over being
used, unless it is thus appropriated, Undor
the constitution of 1877 no railroad company
is permitted to own or control tho property of
a competing lino of road, and on this ground
the Macon, Dublin and Savannah poople are
going to fight. They ask for a valaution to bo
placed upon tho property. If tho terms are
satisfactory thev will pay tho receivers for the
roadbed and then acquire tho right to use it.
If tho price is too high tho matter will bo ar
bitrated. If the purchasers doom tho arbi
trators* price too high it may be anpoaled to
the state courts for trial by jury, pending
which the plaintiffs may give lond and pro
ceed to uso the property. The verdict of ihe
1 jurv will be binding in that event.
Another way by which tho defendante in
tho present proceedings may be • made to
either turn looso tho property or fchow cause
why they hold it, is to have some citizen of
each county through which the line extends
to condemn the property, in which case the
matter will be brought boforo the attorney
general.
But if possession of tho property can't be
obtained, or the condemnation price is too
high, then the Macon, Dublin and Savannah
people will simply uso their privileges granted
by the charter for a lino from Dublin to
Savannah, and build right aloug by the sido
of the roadbed which is being held like tho
dog’s fodder.
When the Savannah, Dublin and Wostern
became involved in the litigation above re
ferred to, tho Macon and Dublin people put
thomeolvcs on the safe sido by procuring a
now charter from Dnblih to Savannah.
Judging from all this it is safe to say that
the Maoon and Dublin will soon connect
Macon with Savannah. Tho parties interested
in the enterprise are men who believe in saw
ing wood and saying nothing. Their road has
done a good part by tbo section through
wbioh they run, and have played no small
part in the business’ affairs of Macon. Tho
present line from Macon to Dublin is encum
bered with no important indebtedness, and is
earning considerably above expenses. The
management of the road is considered moat
excellent, and no judgment has ever beenhtd
against it in any of the courts, and the roarl
has figured in no litigation of any importance.
Tho company is encumbered in noway, and
Tho Telegraph has good reason to predict
that the line will soon be completed to Savan
nah.
Tho lino runs through ono of the most im
portant sections of the state, which ia being
rapidly developed with finest orchards of
luscious fruits and most fertile fiolds of grain.
The road encourages immigration by doing a
large amount of hauling for nothing and ex
pends no small amount of money in advertis
ing its section. The result is that the country
through which it runs is known as tho homo
of tho Elberta peaches, pears, ebufas, peas,
mulberries, watermelons, ground-peas, rye.
corn, oats, wheat, hay and all products railed
on the modern farms « and orchards. The
section is also noted for its stock and cattle
forms. Virgin pine timber in dense forests
Also affords good business for the road. f
Prominent rail! o id men are of tho opinion
that the Central railroad could afford to spend
p, half million dollars a year to throttle com-
" ’ jmitioa tnrough that part of the state, bnt tho
owners of the Macon, Dublin and Savannah
road don’t proposed to be throttled. Al
though they havo made no effort in the put
to equip;tho line from Dublin to 8avanuah,
they have kept the way clear and intend to do
so at tho proper time, which, ia their opinion,
is at band.
MANY MEN EMPLOYED.
Columbus, 0., Jan. 21.—A special to tho
Post-Press from Bellaire, O.. eaya: “Tbo
River Side Iron Works at BenwooU, W. Va.,
for the first time in two years was placed ~
operation today in all it# departments, affo:
1 sg 0,000 men employment.
BUBGE THE WINNER.
London, Jan. 21.-Dick Burge and Tom
Williams, of Australia, fought at the National
Sporting Club tonight at ten stone for 200
pounds a side. Burge won in the third round.
The first and second rounds were stubbornly
contested.
AN EXHIBIT FROM PARAGUAY.
Col. Avery’s Work for the Exhibition at At
lanta.
Atlanta. Ga., Jan. 21—Another foreign ex
hibit and another state oxbibit were added to
the list of the Cotton States and Internationa!
Exposition today. Col- L W. Avery. Com
missioner to South American Republioe, writes
fiom Busnoa Ayres that he has arranged with
Dr. Hector VeUsquoa, minister of foreign
affhira for Paraguay, for an exhibit here. By
the .same mail Prestdeunt Collier recoivod
from W. G. VincencbelJer, commissioner of
mines, manufactures and agriculture for At-
kansas, a letter Raying:
‘Arkansas will want considerable space, as
we hope to make a full exhibit of products of
our etate. Please let ua know how soon you
will be ready to allot us space and how much.
Wo want good apace and plenty of it.” ,
Applications tor apace are coming in rapidly
from foreign exhibitors. Woolen goods, cot
ton, machinery and other manufactured arti
cles from England will be represented, and
ceramio warn, cutlory and textiles will be
hero from Austria. Inquiries from Germany
indicate a good display of textiles.from that
country*
Miss Mercur, architect, has received from
H.G. Frick, manager of tho Carnegie works,
a contribution ol $G00 worth of structural
steel for the woman's building.
Application was made today for a conces
sion For Buffalo Bill’s Wild West Show tn ex
hibited in its (ntirety at Chicago. Hagonbeck
has already signed. This gives the Atlanta
exposition almost overyono of the groat pri
vate attractions at the world’s fair.
ARMS FOR (HONOLULU.
’8 m SHE
Little Hopes of tho Police and Militia
Being Ablo'.Jo Control
I he Strikers.
TWO HUNDRED CARS BEING RUN
Which 1. Only Onciev.alh of tho Nu I
1 bar U.K.liy to Op -ration—S.v.r.l
AU.rc.tlon. Between Potlcs
nnd Form-r Employe*.
CHURCHILL DYING.
London, Jm. 21 At midnight Lord Ban
dolph Churchill hid another attack of heart
failure. He ia now —‘ *
WEATHER INDICATIONS
Washington, dan. 31—For Georgia: Fair;
cooler; westerly winds.
Foreign Minister Hatch Sets Sale From
San Francisco.
„ San Francisco, Jan. 31.—The steamer
Australia sailed for Hono'iulu tbis
morning. Among toe passengers was
F. II. match, Hawaiia n an!(Ulster of for-
dgil laiTaljy. ‘Mr. Hatch hears -with him
private dispatches and lias in his cur-
today a Shipment of arms and ammuni
tion ifor the govern mem. This shipment
conslsta of 2,000 rifleo atnl 100,000 rounds
of 'ammunition. The arms and ammu
nition arc stored -where they can he
pot ait lrrnnedtfoly upon the Austra
lia’s arrival, mho Hawaiian govern
ment ‘had Infommaltilon of the plans of
the royalists over a manitih ago, and
Mr. 'Hatch's mission to tihe United
States was in connection thereto, al
though Of the time of tils arrlvnC tie
deemed it wise to keep 'his knowledge
a 'profound secret. Mr. Hatch said
that ihls government had nothing to
fear from the rapaifats, but the Jap
anese question was a rather Important
one to Hawaii.
"It may not bo gemeraEy known,” he
nakL-dbut it is a tact that toe Japanese
merchants are surely absorbing tile
trade of' the islands and acquiring a
S slttan of great commercial impor-
nee. Already tlhey are driving the
Chinese merchants out of business. It
is significant to the United States, for
Japanese supremacy means i)he cutting
off of valuable trade with the Islands
and tlhc transfer of the daime to Japan.
The commercial future of the islands
rests with iUie United States or Eng
land ...Wo are only a handful of'people.
We com take care of ourselves if let
alone, but it Japan makes demands
Upon‘us we can do nothing, unless the
United States or England gives us
support.
HAYWARD OH TRIAL.
A Sensation Developed at the Begin
ning of the Case.
Minneapolis, Jan. 21.—.The trial of
Hdrry Hayward, charged with causing
the death of Catharine Glng, was be
gun this morning. The court room was
packed with spectators. No iurors
were drawn up to a late hour today.
A sensation occurred to make the pro
ceedings interesting Just before the
noon adjournment. The famous crim
inal lawyer "BlU” Erwin, who defends
Hayward, showed knowledge of the
movements of a Jury he as examining,
even questioning language that the
man and Carlson were (supposed to
havo used to the effect that he (Carl
son) was a member of the Jury and
would "flx them,” meaning the de
fendants In the case. Judge Smith cn-
grlly broke in wltn: "I v.-ould like to
know if all the Jury on this panel have
been canvassed and shall make in
quiries in regard to it."
Senator Smith, who assists Mr. Er
win, arose and stated th.at the qualifi
cations of each Juror had been, looked
up.
"Well, if you have advised or have
been among these Jurors to canvass
their opinions in regard to this case,
the court considers it contempt of
court,” thundered Judge Smith.
. "The court will go into this matter
further." he added.
The court then adjourned.
THE PHIXiA’DEUFHIA.
She Is Exacted to Reach 'Honolulu by
Saturday Morning. .
Washington, Jan.’21.—The FMadel-
phla is scheduled to steam initio Hono
lulu harbor next Saturday morning.
Although she Is rated a* a) twenty knot
ship she could make thaft speed only
for a few hmira at a time and with such
an enormous expenditure of coal that
the Ibunkcra would be exhausted In
three days. ; ,
Her most direct course between ithe
Gulden Gate and- her destination L*
2 OSD miles, and her most economical
.teaming rate for this distance, hav
ing her coal capacity in mind. 1s fifteen
kncits p-r hour. Ordinarily she would
cruise at a ten or twelve knot rate.,
She will undoubtedly do ihe best slip
can for the distance, which will be by
maintaining fifteen, knots hour after
hour the whole way over. This wrill
enable her to make 360 knots a day,
and as fair weather may ‘be confidently
expected on the Pacific at this season,
after passing 100 miles wrest of Sin
Framcisoo, there is no doubt that the
Ship, barring accidents, will drop her
auohflir before noon on Saturday next
at Honolulu. ’
DEBS OAN WALK ABOUT.
He and His Associates Wilt Be Admit
ted (to Call.
Washington, Jan. 21.—Eugene V.
Debs et. al„ now In JaE urn Woodstock,
IUt, under Judgment of the circuit
court of the -‘United States for she
Northern district of Illinois for con
tempt of court, will be admlMed to
bail in the sum of 32,000 each, condi
tioned on abiding the further order of
the supreme oourt. pending the decision
of the count upon the application for
tlielr release on a writ of habeas cor
pus. The order of Uhe oourt wus an
nounced by Chief Justice Fuller, who
said it bad been approved by the mr>
Jority of the court without naming the
dissenting Judge. The rule against the
circuit court to show cause why the
writ of habeas corpus should oat issue
will be argued on Monday, March 25.
It was stated in court that the trial
of Debs and associates on a criminal
charge Is fixed for tomorrow In Chi
cago.
FAT LURE IN CHATTANOOGA.
ChaWatxwpi, Jtm. 21.—E. 8. Riggs, a
leading dry goods deafer, gave a deed
of trust inxlty for she benefit of pre
ferred creditors. Liabilities $20,WU;
assa’s $33,000.
Mill flit
Important Decision Rendered by the
Supremo Court of tho
United States.
PENNSYLVANIA IS RESPONSIBLE
Th. anger R.fln.rles Are Chartered
by Competent Legislative Bodlee
and Aro Amenable so Them
—llnrlati Dissented.
Brooklyn, Jan. 21.—President Lewis
of the Brooklyn Heights Company,
stated late thia afternoon that about
145 earn were running, an lncreaao of
thirty-five over yesterday. Ho stated
that they were Just starting to run care
on tho Oates avenue line and. seemed
sanguine of being successful. .When
asked as to his satisfaction with’ the
protection afforded by the militia nnd
police, ho said he was fu'.ly satisfied
with the protection given by the form
er. When questioned' closer regard
ing the protection given by the police
he said, after a pause, that he is sat
isfied with the protection given by
both..
President Lewis later gave a detailed
list of cars In operation as follows:
Court street, thirty cars; Flatbuoh av
enue, forty! Putnam and HulBey, for
ty; Felton street, thirty-five: to’tal, 145.
The total number of cars usually op
erated by President Lewis' system is
1,140.
President Norton of the Atlantic av
enue system, stated that he had ope
rated oars as follows today: Fifth av
enue, 28; Seventh avenue, 17; Bergan
street, 12; Vanderbilt avenue, 6: total.
63.
President Wicker of the Brooklyn.
Queens county and Suburban system
has eighteen care running on the Sum
ner avenuo line and six on tho Broad
way line. The latter were all run be
tween 4, and 6 p. m. In all about 230
cars were mowed to the city of Brook
lyn today. The number in operation
before the strife was 1,800.
In the 230 cars run are included cars
which did not start until after 4 p. m.
and which stopped after 6 p. m.
At 2:30 ,p. ro. a woman named Mrs.
Josephine Selgler was run over by a
ear in charge of a grecr, motovman
at Broadway and Hayward streets.
She was 00 years old. She sustained a
contusion of the hip and Internal in
juries. She is in a serious addition.
The mortorman was arrested and kick
ed up. Witnesses say he was totally
Incapable of controlling tie car.
The Seventh regiment was under fire
at a few minutes before 6 o'clock this
evening. Shots were fired fro'.n the
crowd at the militia and several vol
leys were fired by 'the troops aver the
heads of the mob. So far as known the
only man injured wni Private Ennis
of Company H. He was wounded by
a shot from the crowd. The trtops
engaged were six companies of the
Seventh regiment. They were under
command of M.ij. Abra'ns and were
guarding the streets leading to the
Ridgewood depot of the Greene and
Gates branch of the Jlrook.vn City
L A*car on the Fifth avenue line and
Twenty-third street started shortly af
ter ,1 o'clock. At about three di ocka
from the depot It was surround, d by
a mab. A detachment of the r r.ir-
teenth regiment, under
charged the.mob with fixed bayonets
and the crowd scattered. August
Brown received a bayonet wound in
the iilo. He wan taken to a neighbor
ing drug store and was treated there,
uftcr which he went home.
At G o'clock tonight a feed wire was
cut on 'the Bergen stfeet 'aUroad. be-
tween Rogers and Noatramd avenues.
Patrolman OcOHns, -who was riding«
a car. saiw four 'men run. anil have
chase He arrested Edward Dugan,
who « recognised as a metorman on-
the fiackett street railroad.
•At 6:15 o'c'oek a mob of Over l.ooo
men surrounded a Gate savenue car at
Nostrand avenue. Stlcks and sUmes
the Ninth precinct elution Wmse hur
ried to tihe Beene. Atter some
and hard (ItfMloR ,'.n which three pollen
were seriously injured, the mob scat
tered .Officer LOwlaFhakempn sustained
a fnacture of the skull. Officers Dennis
Burke and James L. <tao'Jh''n w nro In
jured, but less seriously. They were
hit ora the head by stones, r.rnrlcery aml
other,missies, thrown from housetops.
Late tote afternoon Elmer F. Van-
dyke. 25 years old, of Non York, a
member of the Seventh Regiment, f*L
from ‘toe second story of too Forty-
seventh Regiment armory, muring "
compound fracture Of the skud.
Andy Kostfe was under arrest for
drunkenness and was 1>i»ood In the
temporary guardhouse, Fhere he tried
to taupe by lowering himself by
moans of a rope made from his under
clothes. Tho rope ‘P'ttod and he fell,
seriously hurting himself. Notwith
standing numerous outbreaks casual
ties were fow.
The presidents of the our companies
Who announced last night that they
would operate their line* until mid
night tonight began to weaken before
6 o'clock.
TROOPS IN BROOKLYN.
The First Brigade to New York Has
Been Ordered to Brooklyn.
New York, Jan. at.—'The first bri
gade, under command of Gen. l»uls
Fitzgerald, ordered to Brooklyn to
suppress bhe riots caused by the troiley
oar strike, arrived' In Brooklyn early
tola morning. There are over 4.600 men
in this brigade. The Ninth regiment
of 700 men were toe first troops to
cross Hist river to Brooklyn, .leaving
this city Shortly afiter 5 o’clock. The
Soootvd regiment, 600 Strong, followed
shortly after and by 8 o’clock the
Whole brigade bad started for Brook
lyn. •
Before toe Ftmt brigade -was ordered
under arms there were about 3,000
troops to tho Second brigade on duty
in Brooklyn. These, with 'toe soldiers
of Gen. Fitzgerald’s command, cither
in arms now oe who win reach toeir
regiments during toe day, will', it is
estimated, form an army of between
7,#00 and #,000 men to protest the in
terests at the trolley railway*.
GOLD RESERVE.
Watolngtoo, .Tan. 21.—The treasury
gold mauve deciin.nl ojstta totety.
standing at the close of buslntre at
?i»,ix;j,117. The amount token out at
Naw York today wa* fYUOJgrvur
which 5000,000 iwu* for export.
Washington, Jan. 21.—The important
case o£ the United Statea vs. E. C.
Knight Goinpany et ».!. appealed from
the court of appeals for the third cir
cuit, involving the constitutionality and
validity of the / "Sherman anti-trust
law" in prospect to the operations of
toe sugar- trust was decided in the su
preme oourt of the United States to
day adversely to the contentions of
the government. The suit was be
gun in the circuit court of the eas
tern district of Pennsylvania and was
brought^ In brief, to compel the de-
fondant# eotnpanles; the American Su
gar Iteriulpg Company, the Franklin
Sugar tjompnny, the Bpreckles Sugar
Refining Company and the Delaware
Sugar Houie, to cancel the coniracU
by which tile stocks of the last fot r
named cobp'iatlons were sold to tho
American Company, through John 16.
Seariea, Jnv In exchange fbr American
Company-stock and that their several
stocks bo’ returned to them, oh the
ground that the transaction was In
violation of the act of July 2, 1688, and
that It effected a combination In re
straint of inter-state commerce. The
otroult court dismissed the bill, and
the court of appeals affirmed tnat de
clslon. Thereupon the United States
prosecuted its appeal to the supreme
court of tho United States. Chief Jus
tice Fuller announced tho opinion and
the decision of the court. After dis
cussing the legal moaning and effect of
the term "monopoly,” the opinion pro
ceeded: *
"The fundamental question I* whutn-
er, conceding that the existence of a
monopoly in manufacture is established
by the evidence, that monopoly can bo
directly suppressed under the act of
congress in the mode attempt by this
bill."
"The constitution does not provide."
the chief justice said, "that Intel-state
commerce shall >be free, but by tue
grant of this exclusive -power to regu
late It, it was left free except as con-
gree-s might impose restraints. There
fore, it biB" been determined tbit tho
failure of congress to cxerolse this ex
clusive poiver in any case is an ex
pression of its will that the subject
shall, be free from restrictions or Im
pact Iona upon it by the Several states,
and If a-law. passed by a stats tn the
exorcise orate acknowledged powers
comes Into conflict with that will, the
congress’ and the state cannot occupy
the -position of equal opposing sover
eignties, because the constitution de
clares Its supremacy, and that of the
laws parsed in pursuance thereof: and
that which Is not supreme must yield
to that which Is supreme."
Continuing the opinion said: "The ar
gument Is that the power to control
the -manufacture of refined sugar is a
monopoly over a necessary of life, to
tho enjoyment of which by a large part
of the population of the United fitafes,
inter-state commerce is lndlspenslblo
and that, therefore, the general govern
ment In the exercise of Its power to
regulate commerce may repress such
monopoly directly and det abide the
instruments which have cheated it. But
this argument cannot be confined to
necessaries of life merely, and must
Include aul articles of general consump
tion. Doubtless the power to Control
the manufacture of a given thing in
volves, in a certain sense, Us disposi
tion, hut this is a secondary and not
the primary sense: and although the
exercise of that power may result In
bringing the operation of commerce
Into play, It docs not control lt, and
affects it only inoideiHally and direct
ly. Commerce succeeds to manufact
ure, ta not a part of It. The pow
er to regulate commerce Is the power
to proscribe the rule 'by which com
merce shall be governed, or whenever
the transaction Itself is a monopoly of
commerce. It te vttli that the Inde
pendence of the commercial power and
tt.o police power and the dellmlnation
between I hem, however, some times
perplexing, should always be recogniz
ed ami observed, for while the one
furn'iih'S the strongest bond of un
ion, the other Is essential to the urea-
ervatt >n of the autonomy of the Stales
as required 'by our dual form of gov
ernment; and acknowledged evils, how
ever emergent they may appear to he.
had belter be borne, than Ihe risk be
run, in the effort to suppress them, of
more serious conoequenoes by resort lo
expedients of even doubtful conslltu-
U “It wms In tlie light at well settled
principle* (hat when Hie ect at July
1880, was framed con grosz did nott
attempt thereby tto assert toe power to
diu' with monopoly Aireofjy as such,
or to limit and restrict toe rights of
coporatlona by ttbo states or tho citizens
of toe states In tho acqulttlfion, con
trol or disposition of property, or to
regulate or, express the price or prices
at Which stiah property or toe products
thereof should be soldi or 1o make crlm.
Inn the not* of -persons In toe acquisi
tion, and control of property which
the aln.'.es of thetr residence or crotut-
ti‘:ii nmMtSonod or permitted. Aside
from ihe provisions applicable where
oongrees might exercize municipal
power, at -whlat toe law #ttruek was
combinations, contracts-mid conspira
cies to monopotlze trade ana notiwnerco
among the several states or with for
eign nations; but toe contracts and
acts of the defendants rtoatotl exe'Ai-
Blve'.y to toe acquisition of -the Pltlit-
dolphla refineries and toe business of
sugar refining In Pennsylvania and
bore .no direct relation to commeroe bc-
twci-n ''he states or with foreign na
tions. The object was manifestly pri
vate giln In the manufacture of the
commodity, but not through the control
Is time that the bill a'feged that toe
of interstate or foreign commerce, it
ppriucits of these refineries were sold
and distributed among the several
states, and Jbnt all toe companies were
engaged In trade or commerce with the
several etutes and with foreign na
tions; 'but this was no more than to
say that trade and ooromorcc nerved
manufacture to fulfill its function.
There was nothing In the proofs to in
dicate any Intention lo put a restraint
upon trade or commerce, and toe fact
as we have seen, that trade or com
merce might bo Indirectly affected was
not enough to entitle complaints to «
decree. The subject miner of the same
wn« Share* of manufacturing stock,
and the relief sought was the surren
dering of property which Had already
passed and tbe suppression of tihe al
leged monopoly in manufacture by the
restoration of the status quo before
too transfer, yet 'the ant of congress
only authorized the circuit courts to
proceed by way of preventing and re-
Mtmlnlng violations of too aot la re-.
spect of contraots, combinations or
conspiracies in restraint of intercalate
or international trade or commerce.
‘iTho circuit court declined, upon the
pleadings and proofs, to grant tho re
lief prayed, and dismissed the 'bill, end
we oirfe of opinion that tie circuit court
of appcqns did not err In affirming Hint
decree. 'Decree affirmed.
'The dissent of Mr. Justice Haitian
from toe Judgment of 'too court was
a vigorous argument devoted to the
support of two propositions: Ftmt. that
tho sugar trust was a, combination in
restraint of Interstate commerce, and,
therefore, unlawful: and. second. Hunt
too national government alone was
sufficiently powerful to successfully
cope with such an organization.
BIO LIBEL SUIT.
W. O. MaAdoo of New York iwanta
Damages From ‘too Cba'ttanoon
Time*.
Chattanooga. Jan. 21.—Notice of a
suit -for $25,000 daimaises a® id ns t the
Ghiaittaiiooga Daily Times was filed 'to
day in Ihe cirautt court of Hamilton
county by .T. H. Barr. The writ Is re
turnable to the.May term of the court:
meantime, toe declaration reciting tho
specific grounlis at complaint will bo
filed. W. G. MaAdoo of Ndw York Is
the complainant, ithe suit growing out
at 'tile Investigation at the dhargeo pre
ferred by him before tho senate com
mittee against C. D. Clark. Whose con
firmation as Judge Key's successor to
the federal Judgeship for the middle
nnd eastern district at Tenncesee was
rcooMsfiderod. His Saw partner. Mr.
Barr, was seen and staled t'hml toe
Times lmd bitterly, and, iMteAdoo al
leged, maliciously maligned'his motives
in his couree in the Clark case. The
nubilealtlon in toe Times deolurad par
ticularly libellous are a special from
Washington dated January 8, from
which the folowlng Is taken:
"He Is reported to be very vindictive
and extreme, claiming 'Uhat fills backers
will Gpenki $18,000 on ihe ease if neces
sary. He characterizes the hairing by
Judges Lurton and Key a farce and o
crooked decision; that he and ihis peo
ple wore not allowed a fair hearing."
January 11 the Times said editorially:
"Mr. William McAdoo’n latest exploit
Indicates ,to us that the young man
lias .Vast 'his grip ou Ills mental equip
ment. Tho man must either be to fool
or crazy Who assorts that a deliberate
tleoislon by Judges Lurton and Key is
a ‘crooked’ 'thing. He must be one or
the ether when he soys his people 'will
spend $10,000 fighting the Issue of
Judge Clark's commission.’ Docs this
poor ifeTJow mean that? Ills people
propose lo bribe toe senate Judiciary
committee? His language Imports as
much.”
The ribjeatlouablo Special Was read
In court last week, Judge Key op Iho
bench, by Birr, who denied its state
ments emphatically. 'MaAdoo wired
bis partner Can Saturday ito iprcpa re the
papers apd to see that they be record
ed .' He is quoted hero as saying ta an
Interview:
reports _'in the OhMttanaoga
Tiimce and Nashville American, ettnrg-
Ing me 'With saying that tho opinion
rendered by Judges Key and Lurton
regarding Judge Clark iwas oorrupt and
crooked are false and wore - twven'ted
to prejudice the seriate committee.
Tihe Chattanooga Times' statetneazt
rihHt uny 'backers would spend $10,000
to de/eut Judge Clarke to so ridtcutously
false 'that It hardly needs a denial. The
Times' articles toudhtog this question
■have been a series olf f.iijselpxAls so far
as they purport to report my Attitude.
BIG FAILURE AT BINGHAMTON.
They Were Not Willing to Measn«
Swords With the Atlanta
Pollco Commission.
THE COMMISSION MAY FIRE AWAY
IfThey Do, the Connell U Not In Anf
Way to Blame, and ihe Fight la
Regarded as a Dog-Fall of
the Investigating Bodies.
A.Kantti, Jan. 21.—(Special.)—The city
council' nnd the board of police ootn-
mlasloners had a dbg foil ot It Uhls af
ternoon in ilhelr fight over Mio Changes
sgninit the deteettveg and 'the oonoeut-
plated Investigation of too police do
puulment.
The council eouMUtt'too, it 'win be re
membered, tvciun in ended, In its report
exonerating Copt. Baker, clerk of too
pollco count, that ithe mtijur appoint,
another committee ito Inviesitigtiue iho
police depunMMeiM. The .police commis
sion refused ito acknowledge the right
of ''.fop council to conduct an Ibroauga-
tlon over lls head, and’ defying tout
body, announced that It would take
the iavttftlgatlon tot,, Hr own hands.
Tho rupture biinwura too oaramlmlon
and too council, tidilad. do ithw .other
olmnftto of “politics" ,!u toe Ir»v<wl(ra
tion, made to® outlook for itoo council
mooting this attamnam ratoer squally.
Tito council was ubouit equally divided,
one sldio suppoiit'.og toe mayor, who is
put forward as ithe champion of itlhe in-
vosiMgftUon, and too other upholding
the police commission. After a tang
wranglo Oho rfipont of (toe council com-
ml'ttes esouaivvtlng Raker and calling
upon toe tiuybr ito appoint another
oomrojlltoe, was adopted, but a subse
quent reealutton carrying Into effect
tho council's action In accepting the re
port by ‘authorizing ho anaj'ar to «.p.
point nlhe wav oominltitoe and begin tho
turning on of lights was 'killed.
As too matter mow stands 'the police
commission cau go ahead u nri invesn-
gait® too duipaflOmcnt on Ha own moon
with toe threat of tho oounell banging
over tootr tends llhait if njiny dotet d|j it
thoroughly 'they'll bo InveStilgaitcil
themscCvcn.
Ross & Sons File a Deed of 'Assign
ment of All Their Fporerty.
Binghamton, N. Y„ Jan. 21.—State
Bank Examiner Clark, who, for sev
eral days past, baa been examining the
books of the iMcctianlcri bank of this
city, ordered toe doors of that Insti
tution closed at noon today. The pics-
Ident of the bank Is fivmstua Ross and
hte sons. Fred E„ and Clinton, are
respectfully cashier and assistant a,sh
ier. The excitement occRSloned by toe
closing of tlio Merchant's bank was
soon augmented by the announcement
that tho private hank of Erastua Roe*
& Sorts, had temporarily suspended
payment, pending an investigation of
its affairs.
In consideration of the sum, $1, Row
& Sons have given a general mortgage
on two blocks owned by th'-m for $10,-
000 to tho fMerrtmnts' bank to secure
their Indebtedness. At 12:35 P. m. all
the membew of the Roes family made
a genera', auslfntn.nt to Senator Ed
mund O'Connor.
It Is believed that toe depositors of
tho '.Merchants’ bank will be paid In
full. The private bank of Ross A Sons
today returned ail deposits made tots
morning. It Is claimed that ihe con
cern l.i In no way Involved.
The Rrm family Is one of the wealth
iest and most prominent In toll c:ly
and own much valuable property In
this etty and vicinity.
„ FATALLY injured.
A Filling Saaflowing ta Chicago In
jures Eight People.
Ohleano. Jail. 21.—A targe section
of stuffoldlng surrounding too top sto-,
rlca of toe Fort Dearborn 'burning, a
Iwolvc-story structure ta course of
erectlMi at the corner of Clarke and
Monroe aireets. was blown arrow the
street by a violent gust of wind this
morning, stria-rhlng toe plate glass win
dows at a number of mores and injur
ing eight pedestrians, ono of th«m, If.
11. KrwW. agent for tare Bundy lAulo-
rrtatle time recorder, fata.’ly. Mr. Er
win's skull was fractitafrt and ho wa*
nr.so Iritarnnily Injured. Ho was taken
to 'the county hospital. Tho Injuries of
tlhc other seven Are not eerklus.
NO DECISION RENDERED.
Philadelphia, Ta., Jan. 21.—Zack Everhardt,
i f Now Orleans, and Owen Zetder. of Phila
delphia, met In e four round bout at the
Winter Clrcna building tonight, Tho fight
wiaooir.piratlTeljT tamo. Boll, mhn aeomeil
to have a whnleaomo respect for tho other s
punching abilities, and for tbo first three
rounds they apent more time In hanging
around each other'll neck than fighting, with
Krerhardt haring a shads tha beat of it in the
last round. Zeigler got la eome a tiff punches,
bnt neither man was In any diatresa whoa
time waa called. No decision wan rendered.
KRIMMETT A PRANK. ' •
He Did 'Not Inviado Governor Atkin
son'* Offlco Yesterday.
Atlanta, Jan. $1.—(Special.)—<Mrt F.
Krtmmell. too Now York banker and
Immigrant agent, who thinks ills firm
has (been il.iimalgral In 'Walt street by
too publicity given ito Ills letter to
Governor Atkinson, (lid not show up at
tihe exdoudlvo departemnt Itodaiy, ns
was expected ifrom what iho said on
Saturday Inttt when ihe amnounoed too
purpose of Ills visit to the city,
lit was learned today tHud iMr. Krim«
mett was angry with Governor lAltkin-
son. The governor threw bis proposi
tion to furnish German emigrants to
Georgia at $10 per head Into the wnsta
biskclt and so notified too writer when
be demanded a return of tocfivovcl doc
ument. . i
IMr. Krlmimett considered that bis
house bad been treated wlto contempt
by toe (ItaitA of Georgia nnd tont won
what rufiled hts feeHngs. ‘
ft In understood from 'MnJ. Charles
W. Hubner, (o wbo Mr. Krimmett first
wont for Rltlsflaietlon, on Saturday,
toat toe governor referred to tbe Now.
Yorker's propoeftlon as a "curiosity" in
hte letter 4o taem and rjgardcd tt an
too emanation, of some crank's brain..
ODHDtCAL 'EXAMINEIIS.
FIRE AT FLORENCE.
Florence, Ala.. Jan. 21—The American
Hotel, a large brick hnlidlng burned at 2
o'clock this morning. A r umber of gneats in
the bonso lost their p-rconil effects bnt no
lirea were 'o it. Rome o’the gneats had to be
dragged from the building. The fire is be-
Usreo to hare been of incendary origin. Thia
ia the third time in ten yearn disastrous tlio
bare occtuwd on the urns premises.
NOMINATIONS CONFIRMED.
Washington. D. C., Jan. It.—Tb* Senate to
day confirmed the nomination of C. D. Clark,
lobe Judge of the eastern and middle dia<
trict of Tennessee,
and withdrawn).
(Previously confirmed
The Governor Had to Nominate Somd
New Examiners. •
Atlanta, Jan. 21.—(Special.)—The
ntato ‘board of modlcaJi examiners will
bold -tlhelr first mealing at the capital
tamorrolw ‘morning, ft Is not known
wlm are being considered for Mi® presi
dency elf too Ollier two boards,'but It
Is understood briiit, Dr. F. M. Ridley
of La Grange will be made president
at Uhe allopathic board.
Governor Aliklnson bad! to fill another
vacaooy on the bomctapatblo hoanl of
mfvllell examiners, caused by the decli
nation of toe first olppolnleo. today.
This, wliWb is iffie tolrd, wn» Dr.
Geiger of Cribb county. He liras nlban-
■toned hemeopatoy, und the govornoe
named Dr. Heriman of Atlanta In hi*
pence.
TRAVELING BODfCITOR.
Georg® Kol.y toe Mnn to Got toe
Newly fronted Office.
.Atlanta. Jan. 21.—(HpeolaI.)^-George
IV. Kftly of Louisville, Jefferson coun
ty. ono of too “fighting” DomoctaRs of
tbe Tentb district, was appointed by
Governor Atkinson today lo the posi
tion of ITavering solicitor, recently cre
ated 'by toe state exhibit commtealon.
Mr. Kelly will go Into toe field at onca
and begin too collection of lb® mrl'terllli
for toe state building at too exposi
tion and of toe exhibit Itself.
CONVICTS TO WORK.
Employment Granted to a Camp ta
• Southern Georgia.
Atlanta, Jan. It.—(Special.)-Penl-
tenttery Camp No. 2awas granted per-
mkiton todiy to employ it* convicts
ta building toe Htiiwkinsville Southern
railroad ta Worth county and a branch'
camp authorized on tho fine of the
Georgia Southern and Florida do prose
cute dWte work.
THE iMOLVriC'EljLU LYNCHERS.
AitlibH, Jan. Zi.-tHptetal.H't’atnr
was the date fixed by Judge Hart for
the beginning of the special term et
count to toy too Mbntloello lywbers.
acting upon toe Tecent totter of Gover
nor Atklndm on that subject. NoIMdu
wa* heard of Ihe proceeding* at Mon-
tinfio bore, hut tt I* understood from
those wlzo know Judne Hoot'* imnen-
lion* that be will not only hare tfle.
lyncher* punished Ux hanging Law
rence, the negro rapist, but th ia he also •
Intends to hare them prosecuted torn
for cotecmpt of court ta tnvadln-t tb*
court house and taking b'.u from to®
hands of lira otUcers.
IS