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The Macon Daily Telegraph
WEATHER FORECAST FOR GEORGIA—FAIR WEDNESDAY AND THURSDAY! LIGHT TO FRESH EAST WINDS.
ESTABLISHED IN 182&
MACON, GA., WEDNESDAY MORNING, OCTOBER 7, 1908
DAILY, $7.00 A YEAR.
EVERY DEMOCRAT IN GEORGIA SHOULD VOTE TODAYl
BRYAN HURLST DEFIANCE AT HIS
OPPONENTS CHALLENGING THEM
TO GOME FOUTH MEET ARGUMENT
WISE BEER ACT
IS
Declares He Has Outlived
Venomous Attacks of His
Enemies
BITTERLY DENOUNCES
TAFT'S FEAR OF PUBLICITY
Declares There Is Poison at Work in
Our Politics and Its Manifestations
Are So Apparent That the People
Aro Going to Apply the Remedy-—
CEDAR RAPIDS. Iowa, Oct. 6.—"I
present myself as an example of one
who lias outlived the venomous at
tacks of 'Ms opponents. You heard
me called a* demagogue twelve years
ago. You saw them bury me and you
heard them chant their songs over my
grave, and now they have to explain
why It happened that I wa* not
dead."
With all the fervor that he could
muster William J. Bryan, facing n
vast assemblage In the Chautnuqua
auditorium between Tama and Tole
do, Iowa, today delivered himself of
this utterance. At no time during tfa©
present campaign has he spoken so
earnestly or with such vigor. His
remark followed a bitter denuncia
tion of Mr. Taft for refusing to ngreo
to a publication of campaign contri
butions before election. "No honest
man and no political party conduct
ing an honest campaign," he declar
ed. "need be afraid of the light." At
Woodward he heaped ridicule on the
republicans by charging them with
taking credit for tie growth of crops,
the shining of the sun nnd the bring
ing of rain. "In fact," he said, "they
seise upon anything that they think
gives a plausible excuse for voting
the republican ticket."
Poisoned Politics.
At Maxwell he compared the grant
ing of special privileges to a case of
poison In the human system. "There
has been a poison at work In our poli
tics," 'he declared, "and today Its
manifestations are such that I bellevo
th* American people aro ready to ap
ply the remedy, and that poison Is tho
poison of privilege, thfl poison of fa
voritism. Our government has been
run too largely in the Interest of the
favored."
Drawing large, cheering crowds nil
day In the course of hi* travels
through tho state, the democratic can
didate. never in better form, Murled
defiance at hia opponents and chal
lenged them to meet his arguments
Fifteen speeches artd handshaking
with thousands constituted his day’s
work, the concluding speech being
made hero tonight in the auditorium,
which was Ailed to overflowing. Pre
viously to going to the hall he was
serenaded at the hotel, nnd he ad
dressed an Immense throng from tho
balcony. The keynote of his remarks
here tonight was that republican poli
cies meant disaster while democratic
policies meant prosperity. On this
eubject he said:
Democracy and Prosperity,
"The democratic party is absolutely
necessary to restore prosperity. TK®
republican party has had Itc cftance
nnd It has failed. We are now In the
midst of a depression for which nat
ural conditions furnish no excuse.
Artificial conditions ore responsible
for the present business prostration,
nnd those artificial conditions origi
nated In republican policies. The bus
iness failures for the nine mohths
ended on September 30 were 11,043 In
number, and the liabilities amounted
to 1179,000,000. It means that If the
assets are worth, In fact, the amount
nt wMch they are placed there will
still bo a lost of $56,000,000 to ac
count for."
"This tremendous loss comes at a time
When crops are reasonably good and
has not withheld her boun-
they eulogize In their plat*
■nr.t* completely In the hand)
BMtaUi party and a republic**
o presen tat l vas dominated by
it immediately
nnd Mr. Tart nas ventured the onlnkn:
that the revision will probably be down
ward. What docs It promise to do foi
the protection of the public? What poli
ties has it that look to a restoration of
prosperity?
Some Comparisons.
•In fact the failures of the last nln.
months exceed in number the fnl'ures of
the corresponding nine months of IMS
i«*3. although the total amount of tho
dllties was greater In 1393 than thin
r. But It must be remembered that
MeKinley law was still In force In
* gf i In force until tho i
WORD OF CAUTION
TO ALL VOTERS
See that your ticket In to
day’s election has printed at the
bottom these words:
"FOR AMENDMENT OF
CONSTITUTION, PROVIDING
QUALIFICATIONS FOR VOT
ERS.”
Thousands of alleged official
ballots have been broadcasted
over the state, reading
"Against" the amendment. It
would bo wed for democratic
votere to scan their tickets -l
closely before depositing them, +
lous co-operation between labor and cap
ital. The republican party does not
promise this. On the contrary It prom
ises to continue the policies which es
tranged labor and capital and have made
labor troubles acute. The democratic
party promises justice between Vbor and
capital and a restoration of peace - and
friendship between employer and em
ploye.
Protection of Deooslts.
"To provide prosperity we must pro
tect the depositors and thus induce them
to take their money out of hiding and
restore it to the channels of trade. The
republican party does not promise pro
tection of deposits. The democratic par
ty does. Tho democratic party prom
ises legislation which will Insure depos
itors. The man who puts his money In
a bank must know that he can withdraw
it at any time, and this security would
be given by the banks, because the banks
make their money out of their depositors.
If we are going to have prosperity we
must have a reduction of the tariff. The
people recognize the tariff Is extortion-
*" ■•epubllcan leaders are
and yet they aro
• prevent any real
that tho present agitation must continue
for four years longer.
"Do the business men want business
unsettled? Do the business men want an
extension of this agitation? Do they
want'business to be unsettled by four
years of discussion over tariff ratcB? If
the democratic party wins there will he
immediate reduction of tho tariff
all the people, and prosperity that will ho
permanent It means the remedying of
abuses; until abuses are remedied there
... ... peace and the sooner abuses
are remedied, the more easily Mil
remedy be applied."
Mr. Bryan left al
Chicago and North* ...
where he Is due at 7 o’clock In the >
MACK IS ILL
FROMjATIGUE
Suffers Collapse and Is Under
Care of Physician and
Nurse
mlttee, collapsed tonight
a .
severe cold. He In under
physician and a trained
of the democratic committee.
suffering from overwork and
nervous exhaustion. He did not bellevo
the Illness serious and Intimated that
the patient would be able to resume his
duties in a few days. Chairman Maek
New York yes
MOTHER GALA DAY
DETROIT DEFEATED CHICAGO AND
TOOK AMERICAN LEAGUE PENNANT
i
DONOVAN PITCHED ONE OF THE the championship of the American
.j not as great, eithe
•in the amount of liabiljd
JPS„ — - this year. The
>g In 1S98 were not eouol to the
>• of this vear In number or in
it of liabilities And yet in H98 the
leans were talking about a demo-
par.lc and promising prosperity.
Problem for Protectionists,
member of the British cabinet said
ly in a speech that the exports of
larM that the* ration exports
rd States had fallen off 45 par
from It* record.
party cannot escape
ft Is Important to pro-
h<> public, because Its policies I
the advancement of
far' 4 but the enrichment
small number of the pool
■ tore Independence In
• it pledge* itself to
.he policies under
grown and fatten -d
HPHPUIh*. paMtaAMMta
part\ dnr« promise
llant sunshine and crisp autumnal
weather marked the continuance today
of tho celebration of Philadelphia's
founders’ week. The entire morning
was given to the German-American
citizens who paid homage to the mem
ory of the first immigrant from Ger
many to American shores. This part
of the colebratlon had Its center In
Germantown, where there was a pa
rade many miles long and where the
cornerstone of the monument to be
erected in honbr of Francis Daniel
Pastorius In Vernon Park wa* unveil
ed with appropriate ceremony. Presi
dent Roosevelt sent felicitations. The
German embassy at Washington was
represented by an attache. Governor
Stuart paid Pennsylvania’s tribute and
Mayor Rcyburn spoke In eulogy of the
Gorman residents of the city. Prom
inent Qerman-Americans from all sec
tions of the country attended.
The feature of the afternoon was a
parade down Broad street of the police
firemen and letter carriers of the cltv,
the state constabulary, and volunteer
fire companies from many of tho nelg-
boring towns and villages. The id*.t
of historic algnlflcnr.ee. prevailing in
the entire scope of the founlerV WWfc
celebration, was carried out In the dis
play of the polic.* and flrt? departments
The volunteer firemen’s assoc lut’un,
of Pennsylvania, exhibited on float* on
old time engine used by the unimBre
company away back In 1743. An md
hand engine built In 1790 for the Penn
sylvania Fine Company also was dis
played. as well as a hose cA*risge of
the Neptune Hose Company, whlrh was
a prize winner at the world’s fair In
New York In 1361. The mo.' t than a
century, oh} apparatus, and the griz
zled old fir* veterans In whit*. cap*. nnd
red shirts got an uproarous welcome.
| The policemen and letter currier* a so
came in lor a heavy share of th« ap
plause.
Judge Ellis Upholds Law in
all Its Particulars—Af
fects Fulton Only
ATLANTA, Ga., Oct. 6.—In a
lengthy and ably drawn decision,
handed down today, Judge W. D, El
lis, of the Fulton superior court, sus
tains the Wise near-beer licenso act
lit all of Its particulars. An injunc
tion against the collection of the tax
ha* been In force, ponding a decision
of the suit brought by Atlanta deal
ers, and this was dissolved.
Judge Ellis goes Into the subject
deeply, taking up the points of at
tack one by one. He dismisses tha
contention that tho legislature had no
right to enact legislation to provide
means for disposing of convlots be-
alon Included foe raising of revenue,
aii-i consid-r-i it immaterial ax t-.
whether means or method was pro
vided first, so long as both were pro
vided in tho end.
The court holds the contention to
Urn effect that It is class legislation,
In that a special tax Is pi iced oh one
common beverage to tho exclusion of
others, as unsound, on the. theory that
legitimate classification Is within .the
power of the legislature, and that
such is not necessarily unjust dis
crimination.
The Judge denies that the method
bf collection denies the taxed party
due process of law, stating that the
same is not a binding property tax.
but a voluntary one—etch dealer hav
ing tho right to avoid payment by
quitting the business: and further-
v No Violation of Constitution-
He also finds no fundamental viola
tion of the constitution In the c.ounty
ordinary being clothed with power to
collect the tax, saying that the same
does not differ legally *rom granting
marriage licenses, looking after the
county roads, etc.
Judge Ellis admits that when first
presented the contention that the tax
is retroactive, In that It Imposes a full
year** tax for a four. months* prtvtv
lege, Impressed him as being facrah
legislation: but, upon reflection, ho
holds that such provision "wa* r
province of the legislature, nnd If It
chose to say that a man who goes
into business of selljng noar-bfeer
must pay two hundred dollerr a year,
or for any period of time within the
year he may choose to uplfly. then
the law must be complied with ac
cording to the construction of the
comptroller general. It will be re
membered that this Is a privileged tax,
hot upon the property, but upon n
class of persons doing a particular
business, upon all who enter that
class and that there Is no compul-
aion .of payment upon any for any tlmo
If they elect to stay out of this class.
The "Calendar Year."
"Considerable . stress has been laid
on tfoe words ’calendar year.’" tho
court - continues, "and much research
and learning on the divisions of time
have been presented by the learned
counsel for the plaintiffs. There arc
calendar years, lunar years, astro-
months’ a calendar year need not bo-
gln on the first of January and closo
with tho 31st of December, but tho
legislature evidently intended the
calendar year for which tho license
was to run to in that commencing
wltfv, January and ending with De
cember, and It Intended to enact a
license fee for any part of fljvt pe
riod. This Is apparent from the word
ing of the act,' and from the further
fact that any other construction would
bring this revenue to the state prob
ably, on as many day* ns there are
In the year, and thus bring extra trou
ble and some confusion to the state’*
finances."
Ho denies that the contention to the
effect that the law Is arbitrary In that
legislation had already been prov'd-
ed placing a tax on person* engigeJ
In similar business Is sound.
Injurious to H*alth and Morals.
The court discusses at much length
the argument that the act I* In viola
tion of that part of the constitution
which gives to the people ul this *ta:o
the right to engage with freedom In
the buying or selling of anything not
Injurious t6 public morals or heal’n;
and that It Is not pretended that uu >•
stltute* for Intoxicant* are injurious;
for If they were Intoxicating their sale
would be illegal under the prohibition
law. The court states that tho legis
lature mads it clear that no license
should be granted for the sale of any
thing obnoxious to the prohibition law,
but that the question of substitutes for
Intoxicants being Injurious to public
health or moral* I* an open one.
"It may bo," Judge Blits goe* On to
say. "that the legislature at Its last
session, being more experienced than
at the first, might have concluded that
the real articles, In the use, If not the
abuse, may have been less hurtful than
the Imitations but, having laid real ar
ticles under strict prohibition, they
would deal with the substitutes by u
license tax thereon. The Inherent right
to buy, sell and deal In property of any
kind not hutful has always been ooupled
with governmental restrictions, and oft
times with police regulation*, depend
ing on time,* place and circumstances."
He dismisses as purely technical the
objection that "alcoholic liquors" ap
pears In the act and not in the cap
tion.
He dismisses with few word* the
contentions that the act Is unconstitu
tional In that It deals with two sub
ject matters, appropriate* fund* for
tn object already dealt with In the
general appropriation bill, anJ that the
tax Is not uniform.
Taxes on Nsar-Besr.
The Judge state* that the argument
to the effect that the act appropriates
money ral*« > •' 11 fi'h a-.-uc** to the
penitentiary system In the face of Hr
constitutional provlr'—
BEST GAMES OF HIS LIFE, HOLD
ING THE WHITE SOX TO TWO HITS
AND NO RUNS.
CHICAGO. Oct. 6.—What is snid to be
the closest pennant race ever waged by
American league baseball club* came to
an end in this elty when Detroit, cham
pions of 1907, captured the emblem for
another year, defeating Chicago. 1 to 0.
Detroit, Cleveland and Chi-a*,, xtrngglod
all season for first place, never being far
from each other In the percentage table,
nd not until today could the winner Iw
•icked. St. Louis put Cleveland out of
,he running yesterday, leaving the field
to Detroit and Chicago. Chicago’* fight
has been an uphill one, but Manatee
Jones never deep aired until the last Chi
cago player had been retired today. De
troit's victory was clean nnd decisive.
Jones used three pitchers—White, Walsh
and Smith—but could not subdue the De
troit*. Donovan pitched the kind of bull
that will win almost nny game. HI*
teammates, coining first to bat, gave him
corffidence In the initial inning, by knock
ing White out of the box, and putting
four runs across tho plate. Donovan's
manner was confident as ho faced tho
Chicago batsmen, and Inning aft-: inning,
he proceeded to make first base a very
north pole of unattulnablllty for his op
ponents. Two hits In different Inning*
were all that Chicago coyld garner, and
a local runner perched on second hasp
Just once. That was tho only time that
Chicago made even tho wraith of a threat.
Donovan casually observing that the sixth
Inning with Chicagoans on first and sec
ond bases had an unfamiliar nnpenrauce.
straightway struck out Capt. Jones and
the gigantic Isbell, and retired Dough
erty with u high flv to right. This being
the first time the Chicago enthusiasts hnd
had an opportunity to cheer, they seized
It end for a time bedlam would have
appeared a quiet retreat compared to the
the southslde ball park. J. Atz. of the
Chicagoans, coaching off third Va*e. be
came so excited that ho Intruded on Uu
diamond und was ordered to tho bench
by Umpire Sheridan. At* protested with
such vigor that he was expelled from
the grounds. Detroit's assist column
showed a total of only two. for when
Donovan did not strike out the batsmen,
he pitched the kind of hall resulted In
fie*. . All told he struck out ten 'men.
Behind him errorless ball was played and
hits ■
made when hit* were needed.
13 of them, n fatal proportion
irom me local viewpoint, hcginnlg In tlr
first Inning. Detroit's batting nlon-
would have captured the contest wltl
but assurance was mpde doubt:
did n<.t dlxlu irl - it < \ii-mi-... Lin It hinl ,-i
depressing efTect which deepened
game proceeded, and Donovan’*
control showed no signs of witk<
The batting of Crawford nnd
cinched the gnme for Detroit in t
Inning. McIntyre singled as n .
and after Bush had struck out. Crawford
doubled Into the crowd, putt!
trye on third. Cobb's trip
scored both runners end drove
the timber. The Georgian *rored a
1 later on Isbell's -fumbr* * '
grounder nnd Ttoarman
Resolved. that the merchants and cit<
b generally are requested to deco-
■ world series wll; be played here,
■■■that all employers be requested to
afford every possible opportunity to those
iwhd desire to attend the world chain-
plodahlp games; and be It further, |
That the city clerk tranel
Ini his special message submitting the
esofution to the council. Mayor Thomp-
1*1:
news from Chicago Is
. <—*••« -—— *-> all o__
fight, probably
of v*ry Joyful concern to all onr people.
Oncp more by a gallar* -
the most memorable In ,
game, the members of the Detroit base
ball club have brought the pennant to
this city, and their fellow citizens are
proud of the achievement. It Is only
fitting that some public acknowledge
men l be made."
AND GIANTS
“PLAY OFF” TIE CAME
THIS DECISION OF THE BOARD OF
DIRECTORS OF THE NATIONAL
LEAGUE WAS ANNOUNCED
YESTERDAY.
CINCINNATI. Oct. The directors of
the National league this afternoon offi
cially announced their decision in the
matter of the protested game between
New York and Chicago of Heptembcr 23.
holding thru the game was n tie and that
it could be played off If the condition of
the pennant rare called for such a game
and the Now York management required
that It bo played over again. The «i
will he played off In New York oh Tht
day, October 8.
In the derision President Pulliam, of
the National League, wa* sustained both
in holding that the ganfb of the 23rd
|“ a- tie and In his further decision
agaJnet the Chicago claim of a forfeited
K me on the following day. It waa held
nt the protest of Chicago In regard to
the first game hud prevented the playing
of the second, the directors In that par
ticular confirming the decision of Mr.
Pulliam. After tho decision wa* an
nounced Mr. Rhbltt*. who was presiding,
wa* asked whether It wa* optional wltl:
the clubs about playing tho game
whether later developments In the wi,
a victory for Boston over New York In
the present series would affect the do-
rlslon. lie answered emphatically that
the derision wa* mandatory and that
later conditions would bo considered
when they arose.
President Murphy of the Chicago club
was present during the reading of the
decision. At Its conclusion ho refused
tsheir* fumble of Ross' to make nny statement.
_ . nnd nossraan came hoMfc "-T-—*
single followed by Walsh’
CASE ISJEARD
Court of Appeals Yesterday
Listoned to Arguments of
Attorneys'
ATLANTA, Go., Qet. 6.—John R. Coon-
Jesse llnrrls and Min ter Wimberly
appeared before tho court of appeals this
afternoon and argued tho case of Iko
Baablnskl.
convicted by the recorder at
the chain
i furthermore bound’ over to the
city court, where ho was fined $1,000 for
violating the prohibition law.
His attorneys clalnl that tho penalty
Imposed by tho recorder waa Illegal,
COMPRESSING RATE
HAS BEEN FIXED
COMMISSION, ROADS AND INDE
PENDENTS ARRIVE AT AMICABLE
ADJUSTMENT.
Crawford mude fom
Official Score.
AR R. BH. P.O. A. H.
Dougherty, If.. 4
Davis. 2b 4
Parent, sa 2
Sullivan, c 3
Tannehlll, 3b... 2
White, p 0
Walsh, p 1
Bush. ** r, 1
Crawford, cf.... B 2
Cobb, rf 4 t
Rosflman, Jb.... K 1
Schaefer, 3b.... B 0
Thomas, c 4 0
Downs, 2b 4 0
Donovan, p 4 0
Total*. 47 7
Score by Inning*—
R.H.B.
.Oftft 00b 000-0 2 B
.410 000.002-7 13 0
Two bast hits—Crawford, Cobb.
Three base hit—Cobb.
_Hlta—Off White, S In 1-3 Inning:
Welsh, 8 In 3 2-3 Innings; off 8m(th. 4
In 6 Inning*.
Racrlflee hits—Cobb.
I.eft on bases- Chicago B: Detroit 8.
First base on hulls -Off Donovan 3.
Struck out—By White 1;.Donovan 10;
Walsh 1; Smith 4.
DETROIT, Mich., Oct.
every tongue wildly tonight
claimed Detroit’s second winning of the
pennant of the American League.
Throughout the city excited children and
adult* who hnd been breathlessly watch
ing the scoreboard* this afternoon, sur
rounded themselves tn celebration of tho
baseball victory. Unguarded parking
boxes blazed up In celebration In every
direction while good-nnturqd *»o,ie* and
firemen were kept busy Checkin* bon
fire*. Official recognition of today'* vic
tory of tho Detroit American league
baseball team was given by Mayor Wm.
B. Thompson In the submission of * spe
cial message to the common council nnd
the adoption by the councilty the follow
ing resolutions:
"Resolved, thst we on behalf of tha
people of tho citv of Detroit extend to
Manager Hugh Jennings, and to each
and .every member of tha teem the most
hearty congratulations for the splendid
work already done In winning for the
second tlmo within the anaco of two years
would bo unconstitutional. 1 *
He argue*, however, In view of the
fact that near-beer while containing
malt, wa* unknown to the maker* of
the constitution, and Is non-intoxicat
ing. a tax on the same can be used
for any purpose the legislature may
designate.
Nothing worthy of much considera
tion Is found In the argument that the
tax I* Illegal because the county tax
collectors are given no power to col
lect. or that the ordinary has no au
thority to enforce payment,
"Taking Into consideration the well
recognized rules that court* will ac
cord to the legislature the Intent to
ATLANTA, Ga., Oct. «.—Throug?i the
efforts of Chairman 8. G. McLendon, of
the state railroad commission, the rail
roads of the slate have agreed to abide
by - a uniform scale of prices for
pressing cotton, the same having been
fixed by the conimunonaHIIBIHB
The matter wa* taken up nnd brought
to successful Issue fry Mr. McLendon for
the purpose of defending the Independent
compress companies. These concerns
claimed that they wero being forced to
the wall by thoee owned by the rail
road*.
Sometime ago the commission fixed t.
minimum .rate, but this failed to give
relief, as the railroad-owned compress
companies were nble to charge much leas.
The commission has no authority to en
force other than r maximum rate; other
wise. the principle of competition would
be lost.
M’Lendon’a Position.
The part taken by Mr. McLendon Is
explained In the following letter, which
opened negotiation* leading to tho agree
ment of today: 1 1
Atlanta. Sent. 14. 1008.^
File 7379.
Mr. 8. F. Parrott. President. Atlnntlo
Compress Company, Atlanta, On.
Dertr Rlr: I believe In a square d*n| to
everybody, and I am compelled to sny:
after n somewhat patient Investigation'
Into the matter that In my opinion the
ATLANTA, MACON AND GRIFFIN CO.
TIED UPYB INJUNCTION PENDING
RECEIVERSHIP PROOOEEDINGS
PRISON BOARD
TAKESACTION
County Officials Are Notified
How Convicts for Hoads
Can Be Obtained.
Petition Filed By Atlanta
Stockholders Who Claim
a “Freezcout." f I
wUI-out.wnltln* for the announcement of i„denendenf 'Mtton «>mp?^'™m*nYM
In Georgia are not receiving a square
dml at ther hands of the railroads and
ruling of President Pulliam. New York
apnenlcd from the declelon sustaining the
ruling of the umpires that, n game played
September 23 whs a Ho. nnd Chicago ap
pealed from the decision that they were
not entitled to n forfeited game snore
tinder the league conmltullon. In both
caaes Preeident Pulliam was sustained.
A* to the first case, the decision says!
"In our Judgment this case Is the moat
important one that has ever been pre
sented to the board of directors of ths
Nations! 7<4>ngua for Its adjudication.
"Our -Judgment and finding Is, that the
New York club cannot Im» deprived of
their rights under the circumstances.
As we have already stated, the evidence
show* that the gnme wns not played off
on account of the eslnppnl of the Chicago
club under the constitutional operation
of Ihelr first claim. The evidence, we
repent, also Indicates, In our Judgment,
that the New York club would have
played off this game on fho only day pos
sible hnd they not been Informed by Mr.
Pulliam thnt they wculd not be required
to do so. This action on Mr. Pulliam'*
part cannot be criticised by any one
because bis hands were fired by the at
titude of the Chicago club. We, there
fore, hold that the New York club should.
In *11 Justice and fairness under these
conditions, be given *n opportunity to
play off the game In question. For that
reason we order that the gnme he played
** the polo grounds on Thursdsy,
APPEAL IN RATE CASE IS
HEARD BY COURT APPEALS
ATLANTA, Ga.. Oct. 6.—Argument to
dismiss the appeal nnd supercede** from
the temporary Injunction granted by
Judge Emory Speer agnln*t the advanced
—'■'* rates put Into efTect on
railroad* of till* slate
interstate freight rales put Into efTect
August 1 by tho railroads of tills *t _
was made in the United States circuit
court of appeals today, by W. A. Wlm-
J>l*h and Edgnr Watkins, representing
Via Macon Grocery Company, tha plain
tiff In the original case.
Pending a hearing as to a permanent
Injunction, Judge Pardee of tho circuit
Court, granted a supercedeas, which per
mitted the rate to he put Into effect
pending the appeal.
Attorneys for tho plaintiff* argued to
day that the order of .imlgo Pardea wa*
Illegal, In thnt It wns signed at Anln-vllle,
N. C.. beyond tho territorial Jurisdiction
of hi* court.
The merit* of tho case wore not pre
sented, as when the court concluded with
thn motion for dismissal It proceeded to
the next chnc. Should the motion ba
sustained the Speer Injunction would be-
come operative and. the case go back to
that «-ourt for final decree.
The next case taken up was that In
volving the bankruptcy proceeding*
against .1. T. Olive, of Augusta. Boykin
Wright represented Mr. Olive and Austin
Branch and Oeorge M. Beasley the other
•Ido.
"TAFT PROSPERITY CLUB”
ALBANY. Ga.. Oct. €.—Tha "Taft Proa-
perity Club" for the second congressional
‘ |pt was organized in this city this
iuww tho constitution ond that ull |
c n n *i7t n t Inn a H t v ° and°that a I *** elected chairman, and Wilson Brook*!
must show a dear, plain and palpable nented, either bv proxy . .__■■■!
diverting tJl I violation. It Is In the opinion of tho Thirty-four white republican* of tha
money raised from taxes on spirituous I court It* duty to deny the Injunction j^trioti^lnatte^iima Those prea-
and alcoholic liquors to the achool eought and to dissolve the restraining {Jg»*ro» outsMa
fund. a*. In the opinion of the court, order heretofore granted, and a for- j r ‘ p Goodyear.’ of Urunswlck. and Oao!
the strongest one made. mai order to that effect may 1)« taken." ; F. White, of Macon.
"If this act" he atate*. "under con- the report concludes. [ A chairman was elected for each
•(deration levlq* a ■pectel tax upon. The decision of Judge Ellis is nfct | ty In the district Ic^tera In the organ -
- ————• •- - 1—. .— J — - • - • i imiui* - "i»" *«• - vigorous cam-
* prepared. 1
seven districts
•near-beeF and •near-beer’ Is a malt binding outside of Fulton county. Him- l**^”."***
liquor within the meaning of the »x- liar proceeding* have been Instituted i gjJ®Lratod that riutL Tn
Hi 1 *- — I SUSimZm wn»*id ind
press Ion used In the constitution, then f in other counties,
an atte.mpt to levy a special tax forj The case will be carried to the au*
any other than educational purposes I preme court
the other four will he organized this
when I say railroad*, I mean the rail
roads ss owners of tho Atlantic Compress
''•'inpaqy. For the rail rands to own
elve presses In Georgia, operate them
Independently, and pay them a price
for compression which Is unreasonably
low, amounts to nothing more than a
cruel Joke When this Is done for the pur
pose of forcing the Independent presses
to put themselves on the same basis. I
am Just aa much opposed In that com
petition which lias for Its object the
establishment of monopoly ns I am op-
to monopoly no matter how estab
lished. The public regulation of chargea
made for the use of property associated
to the public service ha*. I believe,
throughout the world, been limited to the
establishment of maximum rates. In
S urstisnre of this policy, which T believe
as never been deviated from. It would
look like ths state of Georgia was with
out power to name u specific prlcn for
compression or to name n minimum
price. Apparently the nubile Is limited
In Its power lo the establishment of max
imum rales. While this commission some
Mine ago named compress charge*, T am
Individually of the opinion that so far!
as fixing e price as a single act |* con
cerned. this commission could not earn*
• enforce nr command ohedlantw to
ler. I think, however, that I ran
make It to the Interest of the railroads
nd the Atlantic fompresa Com pan*, to
_lve to the Imienendent romnresa cbm-
rsitlss what 1 will consider a square deal.
If you will call at the office. I think I
ran satisfy you that -the railroad* had
1 letter pay a reasonable price to these
Independent comnsnles for the compres
sion of cntlon. Very truly yours.
8. G. McMSNDON, Chairman.
Rates Agreed Upon,
Representative* of the railroads own
ing compressss met In Mr. McLendon’s
offlrp yesterday, where after a confer
ence It was agreed to renew nil oom-
presslnv contracts on the Imsls of the
commission’s rates, to-wit: 3(4 cents per
100 pounds for export and New England
cotton and 7 cenls per IftO pounds for
cotton destined to southern mills, the
contracts to be binding between Septem
ber 1. 1906. and August 31. 1909.
Those entering the agreement are the
Atlantic Coast Line, Southern Railway,
Seaboard Air T.lne, Central of Georela.
Georgia Railroad. Atlanta and West
Point, Georgia Southern and Florida and
Lotilsvllte and Naahvltlo, with prmraeeta
In favor of the N. C. and St. L.. and the
A., B. and A. doing the aamt.
Thanks to McLendon.
The following resolutions of thanks to
•mponles todav:
Atlanta, Ga.. Oct 6. 1908.
lion. R. G. Mclo-ndon. Chairman Railroad
Commission of Georgia. Atlanta, Ga.:
Dear Sir— W*. the undarslmed. resre
ntlng the Independent rompreaa ownen
of Georgia, beg to exnre** our thanki
and appreciation for the services thn
your commission has rendered us In oe
, advance In
vnraas rates of one cent per 100
pounds on export end domestic cotton.
This concession gained bv your honora
ble body from tha railroads In behalf of
with similar charges In the state of Ala -
Inures to tho benefit of tha general pub.
efforts In our behalf, recognizing th# faet
that without these efforts we would
prohablv not h*ve received the conces
sions granted. Very truly yours,
Riverside Compress
L. O. Doughty. Pr
Union Warehouse A Comprea* Co
B. V. Hardeman
ATLANTA, Ga., Oct. 6—Tho prison
commission thl« afternoon took firat
■teps towards carrying out the new
convict blU. Circular letters are be
ing mailed to county officials setting
forth the terms upon which lonvlct*
may bo obtained for road work nnd
offering all assistance within th© pow
er-of the commission.
later date a convention of
county authorities will be called for
the purpose of an Interchange of
view*. Each county will be entitled
to about ten convicts tor each 10,000
population and :im many "I'vtu-n" uu
there aro to *poro. Tho commission
has fixed tho bondji of deputy war
dens at $500, the secretary of tho
commission at $1,000. and the su
perintendent of tho stato farm at
$1,000. nnd hns prepared an oath
hlch all of It* employes must take.
This part of flu- law beroun-* effrrthr
at once. Letters have been Hcnt to
private purlieu working a misdemean-
1ft. calling their attention to
tho law against the same nnd the at
tention of solicitors have been Invited
to Uhls.
The duties, responsibilities and re
quirements of tho commission are ant
lessened, but broadened by the now
convict bill, according to an opinion,
covering many feature* of that meas
ure, given by Judge John C. Hart,
attorney general, today.
Commission's General Duties.
Judge Hart holds that tho com
mission will have general charge nnd
control of all convicts; shall appoint
guards and wardens used In county or
city camps and fix the salaries of th*
same, taking Into consideration thn
r» i-niunv lulatlous "f •-■•unt\ authori
ties who nr© to pay tie salaries of
mu'll offleetM. The ("uiiIIih must pay
tho expanses of all ron-1 Knngs.
Tho attorney general noldr that the
law s* It relates to inlsilemcanpr <
vlcts goes Into Immcfllnte effect,
requires the-’ prison comtal*«ioi
prosecute all private piirlJe . Ill n
corporations engnglng to work »ncn
prisoner* for private gain, any time
after It wn» approved.
The Commission 1ms authority, he
says, to employ nil of tho four su
pervisors provided for In tho act. or
i mu II> «>f ! - in :>.< ,.i i II- ' <1# 'I. II"U.
• nt nny tlmo their ler/fccB may b©
iqutred.
Judge Hnrt declares thq provisions
hnvlng to do with hiring mod* meaner
convicts to municipalities nnd re
funding tho counties for th< sumo to
be "Inconsistent or at least mislead
ing."
No Convicts for Municipalities.
He holds that no convicts ran ho
hired to municipalities until the do-
mnnd* of nil thu cpuntle* are satis
fied, nnd thnt the money derived nmy
bn paid Into the treasuries of tho
counties from w*iom tho convict* aro
taken, or may bo used In working
the ronds of such countlfs, or may
b# paid for In convicts.
It I* hbld thnt the requirement for
nil employe* nf the commission tak
ing proper oath for the performance
of duty Is In effect now.
TIFTON OFFICE
A. C. MOBBED
Between $300 and $400 Taken
and Torch Applied to
Freight Office
TIFTON, Oct. « .On Sunilay .(l.r-
hoon about 6 o’clock fire wa* discov
ered In the Atlantic Coast Lin©
freight office by J. W. Jenkins, the
transfer clerk, and Raleigh Duff, who
chanced tq be walking nenr tho de
pot. On approaching th© office they
found th© freight door unlocked and
the office filled with smoke, but they
soon located t*ie fir© In the freight
room, where th© records and files ar©
kept. They procured water and extra
help sufficient to put out the fire.
Upon close examination It w»* found
that the door* to the general freight
department nnd cashier's office had
been unlocked und between $300 and
$400 taken from the cashier’s drawer.
Night Clerk W. H. Stoke*, who goe*
duty) nt 7 o’clock, on entering for
duty ao.o discovered a fire in the
cashier's office, w-lch must have b«M*n
burning before, but In the smoke and
excitement was not discovered by the
parties who first discovered tho lire.
This, too, wa* Extinguished.
Each office was fired Just where Me
records and files are kept. ‘ U Is
stated that sn employe on Saturday
evening failed to put away In th©
aafo the records and the cash from
the money drawer.
There wore four eases lu which
records and files were kopf, and each
of than place* were burned. The
road authorities have had detectives
at work to locato th* guilty, but up
to' this tlmo have not given out nny
Information a* to their progress.
Elberton Cotton
W. O. Jones. Pmi
Covington Comnras* Go.,
N. 8. Turn#
Dublin Warehouse A Compres* Or.
T. J. Pritchett. Pre
FlUferakl Comprt** i'n
J. K. Livingston, Pr-i
EXTRAVAGANT LIVING IS
GHAR6ED TO HARRINGTON
Hearing on th« Proceedings Will Oe^
eur January 9, 1909, and In the Mtan-i
time all Work Toward the Propoeedc
Trolley Line From Macon to Atlanta
la 8toppsd—Petition Recites ths*
Herrington, Who Engineered DeeL
Did Nothing.
ATLANTA. Ga., Oct. 8—All work
toward building a trolley lino between
Atlanta and Macon was stopped thi*
afternoon by Judgo Pendleton of th<*
Fulton superior court who signed an
Injunction pending a hearing on re
ceivership proceeding* which will tab*;
place January 9, 1909. ‘
The Injunction was asked and re
ceivership applied for by the Atlanta
stockholders of tho concern, who chargq
that the Macon nnd Griffin Htoekhold*’
or* have combined against thnsoanr^
Atlanta nnd are devoting the enerifteY
of the enterprise to develop other uu- J
dertaklng*.
They state that the only levy mafia
on tho stock Hiibscrlptions wan for five
per cent, which only some of them
have paid. Out of this they claim K.
D. Harrington has beon paid a salarv
of $1,000 a month to carry °ut the
plans nnd that all ho hns given In re.
turn has been to "pose as a financier
and live ]lk© a lord at other people»
expenses."
The full history of the business move
ment towards building tho proponed
lino i» given In the petition fur a re
ceivership. t
The Petition
The petition recites that the Georgia
SiMMirltb'H (To. hns h capital stork of
$100,000, and it* domicile hrr*>. Of
this GO per cent has l»*-en paid In. The,
trolley company’* capital I* $100.noo. ■,
It 1* recited that N. P. Pratt conceiv
ed tho idea of a trolley line to Macon,
and consulted George T. iRogg*. as
sistant secretary nnd treasurer of th*
Bock Island railroad. .Mr. Boggs re
ferred him to E. D. Harrington nnd
told him thnt If thn [dan proved to b©
fenslble. Boggs. Harrington and B. F.
Relst could finaneo It.
Accordingly. It Is alleged. Mr. Pratt
employed Harrington to make the pre-"
llmliinry arrangement* toward finance
In* the line. Mr. Pratt interbred W.
•T. Kincaid nnd Heaton Granttand. of
Griffin: U\ J. Mn.men. J. T. Moor®
nnd Mlnter Wimberly, of Macon: W.
A. Wlmhlsh nnd others. They met In
May, 1908. nnd tho Georgia FeourltlM
Co. wa* formed.
Harrington’s Contrsot.
Clonernl Anderson was elected prosl- .
dent; W. J. Maaatc, vice president;
Albert Itoylston, secretary and treas
urer, nnd Wlmblsli, EMI* A Wimbtsh,
general counsel. Mr. Harrington’* re
port showed thnt th© lino was feasible,
nnd two agreement* were made wltW'
him. One wa* that ho ws* to be paid,
$1,000 a month for hi* preliminary i
work toward financing tho project, and
tho second, that If ho succeeded In •
financing tho company, he would ba*
delivered 80 per cent of Die stock of
the trolley company, and would b*
given 10 per cent of the cash be #e-
<1 for tho company’* bonds. If ho *
failed, the agreement was to term!- :
ante. J
Harrington than went ahead to **vj
euro right* nf way and franchise® aid
MtOOn nnd Atlanta, but later on. ll I#
alleged, began to prejudice the M*ootY .
nnd Griffin stockholders ami officer* :
against those In Atlanta, tho latter .
owning a majorltv of tho stock. It 1*1
also alleged that Harrington moved hi* <
office to Macon, and tried to hav«» th©
secretary removed. Ho also claimed ,
that tho work on tho rights of way ,
whs slow.
Change of Officers. I
The petition recites that Harrington
lived Ilk® a lord, posed a* a financier,'
nnd did nothing. Ho succeeded, how
ever. the petitioner* claim, In getting-:
it mujorlty of tho stock for the Maoen
and Griffin crowd. In July. 1907. die
Stockholders met, and the Atlanta of
ficer* were ousted. W. J. .\iasa®a. of ,
Macon, wa* inad« president; J. T. .
Moore, of Macon, secretary and treaa- j
urcr, and Roland Kills, of Macon, gag-j
oral counsel. The best th® Atlaatk i
crowd could get wa* positions on the
hoard of director*.
Following that meeting, It Is ehasg-
ed that the new officer* did nothing;
thnt they got no franchise from town* t
along the line except an unsatlsfacTofY
ono from Griffin, and that the offraara
wero Interested In a trolley line of t
their own from Macon to Albany.
It is alleged that the work of com
pleting tin* rights of way wasn't ex
cluded; that th- officers to
railroad commission to Increase Iseuo
$'.’.000,000 of stocks and bonds, and
never consulted the Atlanta stockhold
ers; that another meeting wa* held In
July last, when the pr-*l<tent * report
showed that nothing had been don*,
but held that the two agreements mail®
with Harrington were binding. Th®
Atlanta stockholders, It I* claimed, de
manded fb«t these agreements be
broken, hat Instead the pereor.s-ln pow
er levied an additional five per cent ®tx
the stock to pay Harrington and to
purchase right* of way.
It I* further charged that the new
officers allowed the Macon franchise to
expire, and that the Atlanh* franchise
would also soon expire: that tho affairs
of the company had been grossly mis
AFTER HE VOTES FUR BROWN
GOVERNOR LEAVES TO SPEAK
_ hat tho officers
• affairs of the securlU
advance th© Interest o
terprlse*.
Tho petition ask:
using 1
APany
Hoke Hmitli
Wednesday.
Joseph M,
■ for New York
as he votes t
and disfranchise!
that the agree- .'
Ith Harrington h* decWrM /
void and that the comreny be en-
Joined from carrying Grom out. tket >
a receiver be instructed to revive the •
Macon franchise an 1 extend rhe At- j,
lantn franchise; nnd tbc.V If th-
pan)*'* affair*
hCr. hi All - p-i - TiuJI^VSn •
Iiryan and ICein It Is prob*b> that he ( handled, they he pat in liquidation
•ill open in New York and m*ko several 1 the stockholder* be r*td their srro rat* ,
speeches in the wesL
1 sku. of the proceed..