Newspaper Page Text
THE MACCW TELEGRAPH: TUESDAY MOOING, JUNE 2, 1903
i. \\ r . M A CHEN WILL SOON
BE DROUGHT INTO COURT
HI* CASE WILL RB PIIKSBNTKD TO THK GRAND JI'RV TOMORROW—
KAMI-.'* OF ALL WITNESSES HAVE BEEN KEPT SECRET — ATTOIU
SKY GENERAL** OFFICE PREPARED TO VIGOROUSLY PROSECUTE
FORMER HEAD OF FREE DELIVERY DIVISION.
WASHINGTON, June L—The case of
August W. Machen, former general
superintendent of the free deliver? ays-
tera of the postoftice department who
was arrested on charge of receiving
a percentage of the profits of a concern
furnishing supplies to the postoffice
department, will be presented to the
grand Jury next Wednesday.
Precautions have been taken to keep
the Identity of the witnesses secret
Th names by direction of the court are
under seal. The public record In the
district attorney’s office appear* un
der the. title the United States vs. John
Doe.
Postmaster General Payne today
called attention tef the published charge
that the amounts paid by the govern
ment for rentals of postoffices in New
York state exceeded what they should
be by over '<500,000. '"The fact Is," he
said, "that the total- amount of rentals
for postofflces in the state last year
aggregated only I4C6.SH,W. This In
cludes rent, light and heating."
GREAT TEXTILE STRIKE
UNDER FULL HEADWAY
ADOPT 715,000 OPERATIVES IN PHILADELPHIA MILLS HAVE SUSPENDED
WORK-DEMAND IS FOR SHORTER HOURS—LOWELL Mil.!.* RESUME
WITH FIFTY PER CENT. OF TIIBHi OPERATIVES — STRIKE THERE
HAS PRACTICALLY FAILED. ,
PHILADELPHIA, June 1.—It did not
need the assertion of the executive
board of the textile workers to carry
conviction that the greatest conflict
between employers and employes ever
seen in Philadelphia Is now on.
The crowd of Idle men, women and
children that congregated on the
streets of the city’s textile mill districts
formed a story without words. It was
stlmated this evening by leaders lu
he strike that more than 75,000 textile
workers refused to go to work today ay
protest against the employers refus
ing to reduce the working time of the
orkers from <50 to 65 hours a week.
There are about COO Arms in Bhllade!
phis, and with the exception of
Supreme Court of Georgia
■ of la
negll*
1 for i
pass*
pon fh* platform of a mov-
Whether It la negligence or
articular »ase must depend
upon thr- circumstance of danger at-
llng th* 1 act, and the reason the pav
ger had for eo placing himself. Or
dinarily In such cases th* question
whether such an act la negligence Is
one for a Jury; and unlees the danger
was obviously great, as where th?
train was moving at a rapid rate of
speed, or the condition of th* passen-
was such as to make his presence
upon the platform manifestly danger
's while the train was moving at any
rate of speed, the court cannot hold,
matter of law that th* pass»*ng*r <»
presence upon the platform was eucli
negligence as would preclude a recov
ery for Injuries received by being
thrown from the platform by a sudden
Jerk of the train.
Judgment affirmed.
Joseph B. A Bryan Cummlng and
B. F. Walker, for plaintiff In error;
K. J. Hawkins and T. W. Hardwick,
contra.
480. Scales vs, Faulkner. Walker *t
at. vs. QuiUlan et al. Quo warranto.
Before Judge Klmsey. Hall superior
court.
Simmons, C. Jc—1. Where an elec
tion for a municipal office In the town
of Beltpn and a contest properly Insti
tuted, no # certificate of election being
Issued to either of the candidates, the
old Incumbent holds over until such
certificate haa been Issued or until
the contest has been decided, and he
can not be removed from office on quo
warranto proceedings Instituted by the
candidate who, according to the face
number of vote*, although' such can
didate has taken the oath of office.
2. Where the answer of the respond
ent alleges that a contest has be*n
filed with the officer having jurisdiction
of such a proceeding and that the
same has been duly served, this part of
the answer should not be atrl k-
demurrer or motion on the ground that
ft Is Insufficient In that topics of th*
papers In the contest proceeding an
attached.
Judgment In each case affirmed.
William F. Findley and Spencer D
Atkinson, for plaintiff In error; Ed
Qulllldn and F. M. Johnson, contra.
Decisions Rendered .Monday, Jt
I, JDO.T
474. Jackson vs, state. Cheating i
swindling. Before Judge Butt. II
coe'. superior court.
Lamar, J.—1. One may b* guilty of
obtaining money by a false pretense
as to his official position and pc
If the party defrauded relied on such
statement.
2. But where one falsely represented
himself to be a Unite 1 Htates officer,
arrest'd, nnd threatened to prosecute
for a crime unless money was paid to
7hn«* offense, and the person ar-
WZ£n*51 , 'r 1 o, „ ,h r Trsia
thill’ rmuiuyr. th.r par they will not 1 '* M ,h< ""»>*»• •* *• not .11,,ill
,m.k. any SSrtiT' ! "£?£* " ir""' 1 I - - - -
on any statement made, the offenvs j* n d as "lot of land number four hun-
LOWELL MILLS RESUME. I dred and twenty-five (425)" In a given
week
Boot,
Applet'
sumed
goods
the usual working force.
Figures made public by the mill
agents through W. II. flouthwoith, sec
retary of the Cotton Manufacturing aj*
soclatlon, tend to show that the efforts
of the textile council to enforce the de
mand for a 10 per cent. Increase in
wages will full.
The council, however, claims that the
MR. GEO. A. HUGHES
SAYS:
“I FEEL AS GOOD
AS I DID AT 20.”
Many Suffer With Catarrh
and Don't Know It.
The Phase of Catarrh Most
Prevalent in Summer is a
Run Down, Worn Out
Condition Known as Sys
temic Catarrh.
4*1. Venable vs. Burton. Complaint for
land. Before Judge Gotoer. Forsyth
superior court.
Cobb, J.—A petition in an action to
strike has not begun; that the payment of etror.
475. Tyner vs. bvake. administrate-.
Certiorari. Before Judge Felton. Blo^
superior court.
Blmont, C. J.—The petition for cat*
tlorarl presented to the court below
obtained no legally sufilcltn: noiign-
ailne weeks' suspension has been
lockout on the part of the agents.
lEl'T. Ill It II \M K TROUBLED.
Flllpln
to the e«iect
that the verdict therein complained of
was contrary to law nnd the evideiee;
and aa the answer of the magistrate In
whd*e couit the trial was had ne.vhvr
adopted aa correct the brief of evidence
Incorporated in the petition ror »e»
forth the evllen o which was Intro
duced at the trial and as no steps were
taken by tho plaintiff In certiorari io
have the magistrate's answer perfect
ed. the case was rtpe for dismissal
hen called for a hearing in the su >e-
M. Felton Hatcher and Guerry A
That Nlie I* HU
Lawful Hite.
WASHINGTON, June l.-On the re
commendation of Judge Advocate Gen
eral Davis, the commanding general in
the Philippines has been Instructed to
Investigate the case of Lieutenant Sid
ney 8. Burbank, of tbe sixth Infantry, I rlor court,
stationed at Fort Leavenworth, Kan.. | Judgment affirmed,
who la charged by a Filipino girl, who
claims to be hi* wife, with desertion, j Hall, lor plaintiff In tfror; Hardeman.
The Filipino girl recently applied to Davis, Turner A Jones and E. P. John*
the war department for assistance. She son* contra.
alleges that she Is the legal wife of 471 Brice vs. Sheffield. Complaint for
Lieutenant Burbank and that he aban-1 land. Before Judge Felton. Bibb su-
donrd her and made no provision for 1 perlor court.
her support. She asked that the war Simmons, C. J.—1. A deed la not In-
department compel him to support her. I admissible In evidence because of an
She filed a ropy of what she claimed alteration which Is unimportant ami
was the marriage certificate. (immaterial to the case.
Lieutenant Burbank denies the mar- 3. A description of land aa "ten acres
rlagi*. and characterises the alleged of land altuated In (a certain district),
certificate as a forgery. Lieutenant 1 where I now reside," Is not too Indefi-
Burbank la reported to be engaged to | nlte to be made certain by parol evl-
marry a young woman of Leavenworth, I denee. A deed conveying land'so de-
I scribed Is not inadmissible in evidence
J at wanting a sufficient description of
the land conveyed; and the same is suf*
SIDE'
NINO.
imi'i conveyea; ana tne same is sur-
I flclently Identified when It Is shown
urrylMK Homeward Rapidly — I’re- that at the time of the execution of
vented With n Puddle Horse. the conveyance the grantor was living
NORTH PLATTE. Neb., June I.— I In the named district upon a certain
resident Roosevelt Is speeding home- tract of land which contained Just ten
He left Cheyenne. Wyo.. shortly *w
JESSE B. HART,!
Funeral
Director
l me in nil nrrnuuemrnt
| fwneraU.
.559 Mulberry St.
today and made but on<
t stop between that place and this,
wild west exhibition in honor of
ildent Roosevelt at Frontier park
y In Cheyenne, Wjro., was a big
success. The president was presented
with the saddle.gelding, Ragalnna, sup-
anted by a complete riding outfit,
he present was* from the people ot
heyenn* and Douglus. and was ten-
••red by Senator Warren.
First trip of tho “Sonshoro
Special" to Tybtte via Cen
tral of Georgia Railway Sun-
Jay. Juno 7th. Rotind trip
$2.26. Leave Union Station
at Macon 4: -10 a. tn.
uiii mint to iiu.iiiM,
WAHH1NOTON, June l.-Ttie reatc
atlon* of Lieut. David McCoach of
he nrttllery corps at Fort Monroe, Va..
nd Lieut. J. W. LaCour. Sixteenth In-
| fsntry, at Fort McPherson, Ga., who
became tpvohed in complications re
quiring official action, have been re
ceived at the war department and the
probability Is they win be accepted by
Secretary Root
L’THERN RAILWAY.
Oxfords
and
Sandals
ri.OODft ABATING,
KANSAS CITY, Mo., June 1.—Dls-
patrhee from scores of towns In Kan
sas report the floods abating and al
though rain te still falling In places,
the outlook Is for better weather. The
loss of Ilf* ts leer than at first reported,
but th# destruction of property has
probably not been over estimated.
FOR OVER SIXTY YEARS. * |
An Old and Well-Tried Remedy.
,S MRS. WINSLOW'S SOOTHING SYRUP
iftl-’.l.VT 1 Mil LI>
V\ i ;l ' l ' * ' , l 'L- i' t 'TL r .'J , "i-lr’.',!
v SRS. WINSLOWS “soothing SYRUP.
<< \ ANUTAS* KOOTUl U tl2n. ’ •
Our Strap Sandals In patent nml plain
Kid $1.50 to S3.00—Something nice.
Our $1.50, $2.00 and $2.50 Oxford
can’t be matched.
Macon Shoe
Company
Polished Plate Glass - -
nirrhnHkf lant*M stock In 3
WINDOW" GLASS, tot* of It. t
ilngte and double, st our warehoa
n Savannah and In Attanta.
An Instrument, executed and at
tested as a deed and duly delivered,
which recites that It te "to certify” that
the grantor haa given the grantee cer
tain land in consideration of hla having
built her a house, *'oald land to belong
to him at my death.” la not testamen
tary. In character, but conveys a pres
ent title with th* possession postponed
until the death of the grantor.
4. The trial Judge erred In refusing
a new trial.
Judgment reversed.
Mlnter Wimberly and J. E. Hall, for
plaintiff in error; Hardeman. Dnvls.
Turner 4k Jones and K- P. Johnson,
contra.
477. »Ctntral of Georgia Railway Com
pany vo. Stance!. Damages. Before
Judge Nottingham. City court of
Macon.
Simmons, C. J.—There being no error
In the charge of th* court respecting
the measure of damages and no erro
neous rulings save that the plaintiff
w-aa competent to express hla opinion,
a* a non-expert witness, that hla inju
ries were of a permanent nature, the
verdict of the Jury should be allowed
to stand, since It was not fully war
ranted by the evidence but was quite
moderate In amount.
Judgment affirmed.
HIU A Wimberly and J. K. Hall, for
plaintiff In error; F. Chamber* A Son.
contra.
47*. Ferry 4k Co. vs. Mattox A Turner.
Certiorari. Before Judge Holden.
Elbert superior court.
Fish, J.—Where the verdict rendereil
lee’* court was not demanded
I - *w and the evidence, the «u-
P r .*mo court will not Interfere with th-'
first grant of a new trial, upon a petl-
eerttorarl containing general
It does not appear that
certiorari was sustained and the
rial granted upon any special
I. Cox vs. Snell 77 Go. 44*»; Ra-
h Ry. Co. vo. Fennell. 1W Go.
loggs Plow Co. vo. Diggers, IIS
jmenfc affirmed. (No further opln-
plalntlff described the property In the
manner set forth tn the petition, and
there was no other description either
In the deeds or In the petition. An
amendment was offered and allowed,
setting up that, under the contrat be
tween the defendant and the grantee
In the deed from him. a different num
ber of lot was agreed to be conveyed;
nnd that the defendant,* Ith intent to
chest and defraud the grantee, had the
•crlvener to Insert tn the deed lot num
ber 425. The prayer of the amendment
was that the deeds be so reformed as
to embrace the number of lot agreed
to be conveyed ;and that this lot be
sold, and the plaintiff's debt be paid
out of th# proceeds In preference to nil
other claims arilnst th# defendant.
Held, that the amendment set forth
a new and distinct cause of action; ar.d
thst the court erred In overruling a de
murrer thereto, based on this ground.
Judgment reversed.
Simmons, C. J., and Lhmar, J., dli
sen tin#.
J. P. Brooke and H. B. Mose, ro
plaintiff In error; Bell A Willis, contn
452. Hendricks vs. Middle brooks com
pany. Damages. Before Judge Not
tingham. City court of Macon.
Simmons, C. J.—1. A partnership I
not liable to respond in damages to j
person by reason of slanderous repo'rl
ncernlng him circulated by one of j
Its members without the knowledge and
sanction of hla copartners.
2- A party to a contract who did not
know of and contract with reference to
a local custom confined to a particular
city la not In a position to turrcMfully
nsuert that this custom became, by Im
plication, a part of the contract Into
which he entered, whether the other
party thereto may or may not gave pre
viously given recognition to such cus
tom.
S. In the present case the nature and
operation of the business usage re
ferred to In th* plaintiff's petition wero
not alleged with sufficient particularity
and fullnesa; nor did It contain the e*.
sentla! averment that be contracted
with reference to this local custom.
4. That a creditor, ignoring a grat
uitous promise to grant Indulgence to a
debtor to which he was not legally en
titled, brings suit against him upon an
open account for a balance claimed to
be still due thereon, does not, without
more, constitute a malicious abuse of
process; and this Is so notwith
standing the creditor may knoVlngly
sue for a greater amount than is i.
fast still due upon the account; pv>
vlded hq U not actuated by any mall
clout design to Impair his debtor'
redlt, or to make any other wrongfut
and improper use of the proce*
Judgment affirmed.
R. D. Fen gin and Hall A Wimberly,
for plaintiff: E P. Johnston and Har
deman. Davis, Turner A Jones, for de
fendants.
4IL Martin vs. Pcott. Before Judp<
Russell. Town- superior court.
Fish, j.—A regular term ot a supe
rlor court can not lawfully be adjourn
ed by the Judge in vacation, by an or
der which falls to show that the ad
Journment la rendered necessary by the
sickness of himself or hla family, 01
other unavoidable au«-v Hence, a <5-»
n W*d at a court held
R. M. BAKER, a prominent
citizen of Buckhead, Ga., writes
in a recent letter hla experience
with Peruna to build up a broken down
system. He says:
i time ago I was troubled with
catarrh of the stomach and spent lota
of money In buying so-called catarrh
medicines and paying doctors’ bills.
Peruna was recommended to me by a
friend and after taking a few bottles
I am happy to say that I am entirely
cured.
*'l can recommend Peruna, because I
believe *!t to be the beet catarrh reuie-
edy on the market. My whole ayatem
was out of order and my health gene
rally was very bad. but since taking
Peruna 1 am now enjoying better health
than I can ever remember, and fully
believe that Peruna did the work. I
shall always speak a good word In tta
behalf.”
A Consrpiimnn Uses IV-ru-na In 1|I»
fr *iiy.
Hon. Tho*. J. Henderson. Member of
Congress from Illinois, and Lieutenant
Union Army for eight year*,
from tbe Lemon Building,
tgton, D. C., as follows:
linn iin* bfpn unci! in my
■ with llir very beat rrnnlta
lnl»c |tl I'M mi re In reronintenil-
nliinlite
: tonie
*•!> to in
m efTertIv
Catarrh assumes different phases In
different seasons of the year. In Iho
eurly summer systemic catarrh Is mo«t
prevalent. That tired, all worn out
feeling In nine case* out of ten la due
to a catarrhal condition of the mucoue
membranes. Peruna. cleanses the mu
cous membrane# and cure» tbe catarrh
wherever located.
If you do not derive prompt and sat
isfactory results from the use of Pe
runa, write at once to Dr. Hartman,
giving a full statement of your case,
and he wfl be pleased to give you his
valuable advice gratia.
Address Dr. Hartman, President of
The Hartman Sanitarium, Columbus,
Ohio.
fault Judgnv'ut
In accordance
of adjournment
ON THE
SOUTHERN
THE UNE FOR BUSINESS, \
THE UNE FOR PLEASURE,
THE LINIf FOR ALL THE BEST
.SUMMER RESORTS
Complete Summer Resort Folder
Milled Free to Any Address.
Come by Our Office,
567 Cherry Street,
And got one of our Beautifully Illustrated
- - Summer homes’ Folders - -
Which gives a complete li>t of Hotels and Boarding
Houses. Wo would be pleased to furnish
you rates and schedules
Through Sleeper from Macon to Asheville,
daily, effective Juno 13th; first car leaves
Macon 7:25 p. m., arrives Asheville early
next morning—a night’s ride.
JAMES FREEMAN,
Traveling Passenger Agent,
’Phone 424?
k TOld C
nullity. -
king Company v
»utlon far tnjunctlo
Sober. Fannin sup'
, a** -
F. J. Coolctlge & Bro.
hem Railroad
Damages. H
Glascock Mir
-I Cobb. J.—lt Is not ntcvsa
James E. L<
h« words "agent for,” etc., 1
rely descripto personae. M.
. Collier. 115 Ga. 344.
h-r* .1 party has an ndequ
by claim, the successful pm
of whirl would be as effect
equitable proceeding, h•> i*
1 injunction. Beyslcirvi
113 <
1071.
(No furtl
1UQ and Fielder -
‘••Iff la error; DuPi
J. \V. Hcnly a
i B. F. Simpson, for
d. ftndanta.
4SS. Granger
s. Rlxs«. Action on
MVlr ' I
e Judge Fite. Bartow
superior court.
Cobb. J.—A co
ntract provided for the
loose of proper*
y for two years, at a
rental of a fl%*
d sum payable In two
due on the execution
of the lea?*, the
other on the first day
ears of the lease. The
Kwu.e had th*
option to purchase the
1 ition ••( the !-.
50, on stated t*rmo. It
*.,* 1 rovld* 1 tl
at If a sale waa made
fixed for tbe tmjTr.ent
of the « - - 1
natalment of rent, that
Instalment sho
Id cot be paid. Th*
he Instalment was due.
and t . ! to
he property waa deliv-
. r- d fort) - mx
ays thereafter. In the
■al# nothing waa said
concerning this
i:.«uilra*ut it rts.t. and
to it wa
In the
d«»*d. No demand for It was made un
til long after the dec! waa delivered,
and suit was not brought until mote
than a year had elapeed after the sale.
The court directed a verdict for forty-
six days' rent. Held, that this was er
ror. Under the contract th- plaintiff
was entitled to recover the full amount
of the Instalment, with Interest from
the date It was due, and was not es
topped from claiming payment of the
same.
Ju-igm'
4t4- Armstrong vs., Ballew. Before
Judge Fite. .Gordon superior coort-
Flsh, J/-L Where two coses between
the same parties are, by agreement,
simply tried together, anl a separate
verdict and Judgment are rendered In
1 uatiuHtii aa r«g« ala
—