Macon daily telegraph. (Macon, Ga.) 1905-1926, October 07, 1908, Image 1

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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..