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The Macon Daily Telegraph
W*ATH«H FORECAST FOR GEORGIA—PARTLY CLOUDY IN SOUTH; SHOWERS IN NORTH PORTION TUESDAY; WEDNESDAY FAIR; COLDER IN NORTH PORTION; LIGHT TO FRESH E^ST TO 80UTH WINDS ON THE COAST.
ESTABLISHED IN 18JS.
MACON, GA., TUESDAY MORNING, NOVEMBER 24, 1903
DAILY, 47.00 A YEAR.
ROCKEFELLER’S MEMORY VERY BAD COOMBS’ JOB IS
IN THE BALANCE
WHEN IT COMES TO REAL MAKE-UP
OF THE MAMMOTH TRUST HE HEADS
Doesn’t Recall How Many
Railroad Men He
Took in.
SAYS FLAGLER AND DODD
ARE THE MASTER MINDS
Arduous Day is Spent by Mr. ,RocVe-
felier on tho Stand Under an Un
ceasing Fire of Questions From
Governnment Counsel—Says Oil
Trust Was Dissolved in 1892 in Oba-
dier.co to Order of the Court—Trus
tees Continued to Hold Large Num
ber of Shares Which Wars Not
.Liquidated—*Tho. Several. Compa
nies of tho Trust Were Operated In
dependently, rle Says, After Disso
lution. I*
NEW YpRK. Nov. 28.—Credit for
the creation of the Standard Oil trust
•which counsel for the federal govern
ment claim still exists as the Stand
ard Oil Company, of New Jersey, was
given by John D. Rockefeller an a
•witness today under cross-examination
In tho federal suit to dissolve the
Standard, to two men—Henry M.
Flagler and Samuel C. T. Dodd.
To these two master architects of
the oil combine Mr. RockefellSt gave
full credit, saying that he did not pos
sess the ability for so progressive a
move.
Arduous Day For John. D.
Mr. Rockefeller spent an arduous
day on the stand under the lncojsant
questioning of Frank B. Kellogg, the
government counsel, when adjourn
ment was taken until tomorrow he
gave eve/y evidence of delight that the
Way was done Counsel hope to con
clude Mr. Rockefeller's cross-exam
ination tomorrow, when It Is planned
to place John D. Archbold, vice-
president of the Standard, on the
stand.
The Missing Records.
Frank B. Kellogg, \\<ho with other
government Investigators ha3 been
endeavoring for over a year to obcaln
the jnisslng. .stock, transfer books of
tho Standard’ Oil trust, sought today
through Mr. Rockefeller to find the
missing trail to these books, and Mr.
Rockefeller promised to do what Tie
could to find them.
Mr. Rockefeller's examination
dav carried him through the period of
the Standard Oil trust and the. years
of Its subsequent Houldation which
lasted from 1892 to 1899. Mr. Rockc.
feller’s memory at times no
clear on the definite details of this
trust liquidation period, and ho
counsel that he could not recall many
of the Incidents and developments of
that time. During the day Mr. Kel
logg developed from Mr. Rockefeller
that early In the Industrial existence
of the Standard the presidents of two
railroad companies, together with
several railroad directors, were stock
holders In the oil combination.
Rockefeller to Reporters.
After adjournment tonight Mr. Rocke
feller told an Inquiring audience of re
porters that there were better- things In
the wofld than making money, and since
]S91 he had been gradually retiring from
business. He added:
dependent character being separately ad-
ministered.
JUplyli
ng to questions, Mr. Rockefeller
" first p'
Quite
: construct the first pipe
number of linos wero constructed before
we began to build find buy. We did i
begin to buy these line* until 1873
the seaboard, but ho did not . recall that
tho Standard tried to buy the Tidewater
or that the Standard now owns 31 per
cent of the Tidewater company,
Mr. Rockefeller testified that he did
Standard Oil Company. Ho did .
call that there was a great cut In rail
road rates when the Tidewater company
built Its line to the seaboard, nor did he
remember that the Standard Oil Com
pany obtained control of the United
1’lpe Line or where the plpel ino of that
company beg Ins or ends.
Case Goes to Supreme Court.
WASHINGTON. Nov. 23.—The word
ing of the government's petition^ for
Card OH case, which today was filed In
the supreme court of the United States.
Indicates that the department of Justice
Is fully aware of tho court's praetlco of
denying 90 per cent of such petitions.
The court grants these petitions only
when constitutional questions are In
volved. end the attorney general makes
strong effort to have It appear that t*~ J
present case falls within this category.
Reasons for Writ.
Four reasons for the issuance of the
writ are given, os follows:
"First—It Is highly desirable In the
public Interest and to promote Justice In
the further prosecution and final determ
ination of this
ed In and by Itself.
conslder-
partlcular
PVMmPttmilt:
^■Second—It la Indispensable for the In-1
structlon and advice of the government
In the Intelligent administration and
foreement of the laws Involved.
. 'Third—It la necessary for the control
and guidance of the federal courts In dls-d
posing of similar cases now actually
pending or likely to arise,In the near fu-
U "I l ourth—The Issue of the wilt Is nec-l
issary also in order that the business
community and the people at large may
be Informed and advised as to the mean*
Ing of the law by. tho Judgment of this
court.
"Whether.'' says the petition In urging
the.granting of the writ; "tho govern
ment la. or is not right in its conten
tions, we respectfully but very earnestly
urge that the equrt should ■ Issue
writ. - The case is of the first c.
nuence. The principles decided control
tl» entire meaning and purpose of thel
law and impair the underlying policy of
I congress. If, for example. It is neces
sary that the government should prove
actual knowledge by the shipper of the
I lawful rate, the law will be altogether
deprived of effect against the very shlnd
I belong to the brotherhood of
"ft the opening of the hearing Mr.
^kefeller said that he thought ♦»*—
an Increase in the stock of
83.COO.OOO In 187S.
•Waa 'W. H. Vanderbilt a stock*
t say definitely. He might have
... iockholder for a trifling amohnt.**
Did you not sign a paper on March 10.
holder?"
••i car.
1 stockholder for
—J you not sign a paper
1875. requesting an In^C" 1
J. D. Rockefeller, his attorney?"
"That may be; the paper would
beat evidence."
llr. Kellogg brought out the fact that
Amasa Stone, then president of the Lake
Shore and Michigan Southern railroad:
Stillman Witt, a director of the Lake
Shore and Michigan Southern
Stillman Witt, a director of ....
Shore and Big Four road*, and J
Handy, also a director of the Bie 1-uur,
were taken Into the Standard Oil Com
pany In the early days.
"Who Got Up Standard Trust?"
"Who got up this Standard Oil trust?"
• *1 should say that H. M. Flagler and
ft. C. T. Dodd should have the credit I
am sure It was not I. I am not so
learned In legal matters as that I do
not claim any credit for Mr. Flagler and
Me. Dodd should have full credit"
Mr Rockefeller said that the various
companies In. the Standard Oil trust
agreement which wss made in t%62 were
managed as separate and Independent
corporation* Mr. Rockefeller saM that
the total vabie of the thirty-nine corpo
rations Included In the trust was approx
imately 370,000.080 and that each of ths
•tocuMdeni named In the trust agree
ment received certificates for the amount
of stock of subsidiary companies which
h# f5TsnJl that the Standanl Oil trust
was dissolved in 1M2. In obedience to an
order of the courts. A malorltv of the
stocks held by the truri w*a distributed
to the Individual stockholders but the
trustees continued to hold a large num
ber of shares which were not liquidated
a *Mn* Rockefeller end H. H. Rogers
were among those who surrendered their
trust certificates and obtained stock In
the original company, he said. From
1*82 to 1IM. the subsidiary companies
were conducted by their various officers
and boards of directors elected by their
own stockholders.
After Trust Dissolution.
After the dissolution of the trust ths
stockholders of the Individual compa
nies. be said, maintained the same rela
tion* aa before with those who were *tm
In th» trust. The m. niard OH Company
of Ohio and the Solsr Refining Company
wart among the competitors or the trust
after the dissolution.
Then each company was Independent
of Its products wi
incandescent lamp* are of 1
1 Uia decmttkaf < * gftg
prevent case, by this court."
"It,” the attorney genera.
not l>e seriously contended that bocausc
this la a criminal >csse the- court of
this Is a criminal >cose the- court of ap
peals-would have h*d no right to certify
any question .raised upon this record."
and th« contention Is made that If tho
cane could properly be transferred from
tho lower to tne higher court by means
of certification. It .can Just as properly
be brought up by means of a writ from
tho higher court
Attorney General's Poeltlon.
Tho Attorney general also, takes the
po.-ltlon that the supreme court Is vest
ed by law with authority to order any
case of which a circuit court of appeals
has final jurisdiction to bo brought up by
certiorari and to dctermlno it in tho
consider many of tho government’)
slgnments of error, and it Is urged that
this failure meant thnt Judge Landis
had not committed other errors and that
therefore the appellate court decision
was art affirmance by It of the other
portion of the Landis decision. It Is
pointed out, howevor. that the Standard
Oil Company takes the opposite view.
He adds:
"Several of the questions on which the
court of appeals thus refused to pass are
absolutely vital, and the prosecution
must constantly fall If the contention of
the defendant-ran bo sustained as to any
one of them. The reply Informs us that
they will be again raised at a second
trial*, and yet the court of appeala de
clines either to dedde them or to say
what Its silence means. A stronger case
could hardly be presented for the bene-
ficlent Intervention of this court by —
tiorarl." _ ...
Reasons Cited.
The attorney general cites a number of
similar prosecutions now pending as rea
sons why the court should pass upon the
case. It ta understood ttiat the petition
will be formally presented to the court
when It reconvenes next Monday, but It
probnbly Will not be acted upon for
time thereafter. If the petition 1» f,
ed the entire ease will be reviewed by
the supremo court If It Is denied, the
decisions of the court of appeals will
stand, and It will be necessary for the
government to find some other means of
presenting Its controversy with the
Standard Oil Company to the court
DETECTIVES GUARD
STRIKEBREAKERS
300 MEN ARRIVE UNDER PROTEC-
TION OF 50 OFFICERS AT PEN
SACOLA.
•PENSACOLA, Fla.. Nov. 23—Thrae
hundred strike-breakers to work on
the wharves of the Louisville and
Nashville railroad arrived here today
on special trains from Kentucky and
Alabama, accompanied by fifty dates-
tlvea and were sent to the three ex
port wharvea to load and unload
steamships which had been Idle for
three days on account of the strike cr
the longshoremen.
' Within a few days there will be a
sufficient number of men here to place
full forces on the wharves.
The strike-breakers are housed In
cars which an* standing on tracks on
RED HELPS DESPONDENT;
BLUE SOOTHES VIOLENT
PEORIA. 10.. Nov. a.—Two enttaxe
State Farm Superintendent la
Charged With Unbecom-
. ing Conduct.
ATLANTA. Ga.. Nov. 23.—In a lot'
ter to the prison commission Governor
Hoko Smith today called attention to
alleged misconduct on We part of A.
B. Coombs, superintendent of tho
state farm, while a visitor at the state
fair recently. It Is set forth that Mr.
Coombs tvns arrested for being drunk
and disorderly on the fair grounds,
and was fined 550 in police court.
Accompanying Yhe governor’s note
to tho commission are copies of cor
respondence between him and Maypr
A. L. Miller of Macon, a letter from
Chief 'of Police G. S. Westcott, and
transcripts from the records of the
police department of tho Central City.
These latter show fciat Mr. Coombs
was arrested at 7:30 p. ni. .October 31,
was released at 9:45 p. m„ same date,
and was fined $16 or forty-five days
on November 2. X E. Stewart was
the arresting officer and the names of
the witnesses are given.
When the Incident was brought to
the attention of the governor a letter
of Inquiry was addressed to Mayor
Miller. Mr. Miller Instructed the chief
of police to come to Atlanta and lay
the facts before the governor. The
chief made a written statement of the
facts and this was placed on file.
The chief states that he saw Mr.
Coombs on the fair grounds la n
drunken condition. He asked Coombs'
friends to take him off the grounds,
saying If such were done no arrest
would be made. Coombs refused to
go. says the chief, and "staggered
when not supported and used the most
vile and abusive language to the po
licemen who who were In charge of
him," and that "It required four men
to place him In a patrol wagon by
force to carry him to the station
house."
The chief states that It was
ported to him that Coombs was again
"vile and abusive at the station
house," but was released on $50 bond
given by hi* Mentis, as soon as his
condition was such as to make his
release safe."
The chief says that Coombs called
on him next morning and expressed
great regret for his conduct of tho
night before. Tho grosser offense,
Coombs paid, had been due to a phys
ical malady ami lack of knowledge as
to hip surroundings. He also said,
says the chief, that his condition had
"probably been produced by mixing
near-beer and whisky."
The governor’s letter to the prison
commission, submitting the Informa
tion, Is ns follows: *
Governor's Recommendation.
November 21< 1998.
To tho Prison Commission of Georgia,
Atlanta, Ga.—
Gentlemen: A few days ago
charge was brought to my attention
that Mr. A. B. Coombs, superintendent
of the prison farm at Mllledgevllle,
had been arrested, locked up and
convicted for drunk and disorderly
conduct during tho fair at Macon. Ga.
Desiring to ascertain the facta. I
wrote to Judge A. L. Miller, mayor
of Macon. T enclose a copy of my
letter to Judge Miller and’hi* reply.
Also the written report of the chief
of police mado to me, together with
a copy of the entries on the police
court docket.
You will no doubt agree with me
that such conduct on the part of Mr.
Coombs Is entirely Incompatible with
the position which he holds. Very
truly yours,
(Signed) HOKE SMITH.
Governor.
The other correspondence follows:
Governor to Judge Miller.
November 18, 1908.
Judge A. L. Miller, Mayor, Macon, Qa.
Dear Sir: The charge has been brought
to mv attention that Capt. A. B. Comnhs
superintendent of the State Farm at Mil*
The statement Is made that Officer
Pierce did the arresting. I will appreciate
Informing me whether such charge
If It is true, I wish the Information for
official use","’ Vcrv truly you.. .
HOKB 8MITTf, Governor.
Judge Miller to the Governor.
Mayor's Office,
Macon. Ga., Nov. 19. 1I0S.
Hon. Hoke Smith, Atlanta, Ga.
My Dear Governors This will Introduce
to you Cant. G. 8. Weatcott. the chief
? police of the city of Macon.
Upon reading your letter a .....
Coombs. I at once colled the chief In
and find that be Is personally cognisant
of all the facts In regard to the matter
Inquired about. I, therefore, have In
structed him to go to Atlanta and give
you In person a full report of the trnns-
setlon. If. after you have talked with
him, you so derire It mav be well to hi
his report reduced to wrUIng, and he 1
sign It while un there. I thlr*
best method of placing you In pnnscfrinn of
the facts. You can rely abso*
any statement that Copt.
makes, and If additional witnesses
de*ired he can give you their names.
With sincere regards, I am. faithfully
yours, (Signed):
A. L. MILLER, Mayor.
To the Governor of Georgia, Atlanta, Ga.
Dear Sir: In compliance with your ra-
uest for Information to Judge A. L. Mll-
ir, mayor of Macon, and byTila direction,
J give you the facts so far as they ara
known to me with reference to the case
made October II, JWI. Against Mr. A. I*.
Coombs for drunkenness and disorderly
81. 1808. At the time I first sew him 1
st once recognised that he was under
the Influence of- liquor, hut I suggested
that If his friends would take him off
the ground we would release him. This
he refused. After talklnr with him I ob
served that he was too thoroughly Intoxi
cated to b« safe even with hti friends.
He staggered when not sunported. and
used the most vita and abusive language
to the policemen who were In charge of
place him
buildings erected toy the
Irite of thsMMl|
st I.’urtr-r'
Ililrioln Hospital I
■PVR. equipped
for the work of phototherapy I . .
bv ttapC Georg* A. Zeller, will be dedi
cated Thanksgiving Gay. Two of the
solaratlums are equipped In ruby, two in
violet, two In amber, and two In ops I.
1 are enthroned when placed
him. It required four Mi
lr. the patrol wagon by force to carry him
to the station house. I-wm not at the
station house when be arrive!) there., 1
onty know. reported to met bv officer*,
that ft again required several -men to I
take him from the sagnn and confine him
In.the station house. It was reportrg to
I me also that h* was again vile and abu
sive at the station house. I gave irirer-
tlon* that as vmo as be *ufTM«nt>y
ktfhrt to Justify ft that bis friend* might
take him from the police station to** put
ting up 810 collateral for Mn aopearane*.
The next mrrnlng I saw Mr. Coomha at I
tnv house. He called at about C o'clock.
I had already heard that ha had hren
eho 1:1 10 o'clock th* night Wore,
hi* rendition having improved. When,
I »aw hlrr 1*** n**l •r.'u-nlrg he «*v>:«•••«««i l
s | great r**rt t for what had hardened. . . I
. . He aald that hla entire conduct j
taken whisky, nnd that this had produced
the condition In which he .yas arre-ted
On November 2 h« plead guilty and 1
court together with a list of
the witnesses. Very truly your*.
(Signed):
G. S. \Vte8TC0TT,
Chief of Police.
TO INMAN & CO.
Verdict of $04,507.71 Is Ren-
dered in Suit to Recover
. i" Fire Losses.
COLUMHUS, Ga.. Nov. 33—Early
tonight the Jury in the case of Inman
& Company, of Augusta, vs. tho Cen
tral of Georgia railway oompany, suit
for 9100.000 for the burning of ootton
belonging to the plaintiff while alleg
ed tp be In the custody of the rail
way company, brought In a verdict for
the plaintiff In the *um of 5«4.5«7.71.
Several suits had been brought
against the railway compuny, but this
was the largest ot the group, all being
based on the burning of a largo quan
tity of cotton three years ago In the
railroad yards In Columbia. where It
had been dumped by the Central or
Georgia railway, awaiting compress.
The Inman suit has been on trial
in Muscogee superior court for a woek
and has been a great legal battlo.
HOPESlEFiCIT
MAY BLSTAYEB
State Treasurer Park Sees
Danger, Though, and
Points It Out.
ATLANTA. Ga., Nov. 23.—Ip resard to
yecent discussions In varfcyis papers
nnont the state's financial condition, pres
ent and prospecllve. tho following* was
■Iven out at the offloe of Capt. It. E.
’ark. state treasurer, today:
“In reply to an Inquiry the state treas
urer rays that he does not arrogate to
himself Infallibility In any predict!*
that ho may have made In regard to i
probable conditions of the treasury
uccount of the huge appropriations that
havo been made for ‘ schools, penslonr
and other purposes, and becuusc of the
withdrawal of a large part of the Incomo
from tho state by recent legislation. Ho
said that he did not have a mind at nil
Inclined to controversy, especially where
lit concerned the financial matters of tho
state. Ills words nienlly .'lu.ken w«-rr
Intended ns a caution, ns r warning;
and to prepare the public mind for a de
ficit wld-li li.- Dusts *ln.-M---lv may n*>t
come to pass. For nine yesnt ho has
been watching carefully the Incomo and
the outgo of the treasury of Georgia, and
at this time there Is only 366,216.34, 550.-
000.00 of which Is borrowed money, leav
ing really in the treasury, as the result of
taxes and other sources of Income, only
316.218.34, with sovernl warrants duo be
fore the close of the month.
He says that In December thb largest
part of the Income of the state * should
come In to the treasury, and that'he can
readily meet the 1232.000 due to the pen
sioners on fourth qunrter before Un* holl-l
days, and thnt he has pnla only 35 per
cent due to the teachers of tho state for
their year’s hard work, and that thev
will bo quo fiom the Incoming tnxes 6. r »
per cent, or 51.330.00. nnd the penil
ers will be due In round numbers, In
payment Instead‘of In four payments.
In the lost year, about $900,000. “
"The rapid payment of all theso lust
claims upon the treasury will certainly
cause a great depletion u> the amount
received and In his Judgment, honostly
formed from post lycperieneo and present
outlook, will cause a large deficit, which
•he wisdom of the Incoming legislature
I may rectify or remedy. Ills mind, from
being constantly, monthly, weekly, dally
end hourly brought to. consider the
dltlon of the treasury.' shows how «Ur-
ly the danger of a deficit, but his love of
his native state would mnkc him relolce
to find thnt his forecast of tho predicted |
unhnpny condition of the treasury
groundless. Time, and not a very ....JS
length of time either, will definitely
show whother his apprehensions, based
on previous experience and present con-
dltlons, aro correct or not. He hopes
always for the best, but he believes that
franknnss nnd enndor are due to the
teachers, the pensioners and other bene
ficiaries from thn* appropriations of the
state legislature."
WHU DESTROYED
MURMONCHURCH
Gov. Smith Offers Reward for
Evidence Sufficient to
Convict. ■;**
ATLANTA. Ga.. Nov. 22,-Oov. Smith
hae offered 5250 reward tor tha airest of
the persons, with evidence sufficient to
convict, who blew up a Mormon church,
situated in DeKalb county, a few nights
ago. and who have been writing threat
ening letters to the elders In charge.
Tho reward wss offered on the request
of Fielding Peyton. Melvin Peyton and
James BankRon, elders t>f the church.
Prleoner to Be Detained,
ATLANTA. Oa., Nov. 13.—The Authorl-
tlea here have been requested to detain
James Houldwcre, who will complete a
term In the federal prison tomoirow. . He
has been confined there since last Jan
uary. The man Is wanted for trIM for
murder In the state courts of South Caro
lina.
ATLANTA. Oa.. Nov. 21.—The national
congress of the Chi Phi College fraternity
will be held here next week, when dele
gates will be here from many sections of
the country. A Pullman has been char
tered by those who will attend from New
York and the eastern colleges. It will
arrive here Thursday afternoon.
A banquet will take place Friday even
ing, at which speeches will be mad* by
A. I irons, nr Aiiinw. n*ii-r i.« -
oultt and John Hurt, Jr., of New York:
Dr Heary C. White, rt, the University of
Oeorvta* Judre Emory flpeer and T^len
Is. Kolght. Eugene B. Blgck will act ai
Jerome Jones Honored.
ATI-A NT A. Oa. Nov. 23.—Jeromo
Jones, the prominent labor leader of At*
lanta. who Is edlt.ir of the Journal r
1-ahor has been r/med e* a delegate i
“UNCLE JOE” IS
TAM®
Will Stand By Pledge of His
Party—Favors Immedi
ate Revision.
CHICAGO. Nov. 23 Joseph O. Can-
non, speaker of the house of representa
tives. who was In Chicago today on routo
to Washington, placed himself on rncord
in favor of the revision of the tariff In
accordance with tho promise of the Re
publican party platform and declared
that so far as his vote was concerned
he would aee to It that the announced
policy of revision would be written In
the national laws aa soon as possible. I
The words of the* peakor come at the
conclusion of a luncheon given by six
rear admirals of thn United States navy
by Alexander H. Revell, of Chicago, In
the Union Leagun Club at which IU
need of more battleships and Increns
efficiency of tho fighting forces of the x
public, were the principal thomes of dis
cussion.
Speaker Cnnnon declared himself !n
favor of an efficient nav *
the good of the republic.
"Any change In the i
the country of necessity la followed by a
^ .... v—. .. g^ld Sneaker
" followed
Cannon. "Three years ago iLMM
the lead of Theodora Roosevelt, who deB
dared that there should bo no revision of
the revenue laws, which means thoj
tnrlff, until after Jhe next general elec
tion. Ills policy was not to change ex
isting conditions. Tho republican plat
form on which the national contest has
been won. says revise the revenue law.
That revision should be with duo regard
to protection nnd penally against dis
criminatory nations. As n member of
the next house of representatives, and I
that the policy of the Republican p»Tty
on this question Is written In tho na
tional laws an promptly ns possible. The
laws should T»o written promptly *o that
adjust Itself to thn changed
business «
mngo will of neccs*
W e."
mong the guests at ...
~ * 'resided were Rear
conditions, for the
sity bring disturbance.
Among the gues'
which Revell
tho luncheon
over which Revell presided were near
Admirals Jan. H. Dayton. Albert Rosa,
Willard H. Brownson. Francis J. Hlggln-
son. French E. Chadwick and Washing
ton L. Capps. Major General Frederick
D. Grant. In command of the department
of the lakes, together with the alx ad
mirals, also responded to toasts,
ORR REPLIES
TU BLACKBURN
Declares Atlanta, Primary Is
Not a Democratic
Method.
hold In the Intercut of Iiobcrt R. Mad
dox at the Lyric Theater tonight, and
the opening of campaign headquarters
In the interest of James G. Woodward,
loc.il conflicting pollllc.il hid
little petivo play today.
Mr. WoodwArd's headquarters wen
open on the firs* floor of tho Emory-
Steiner building. It Is of Interest to
note that Mr. Woodward's campaign
111 be directed from nltnost the same
spot from which that of Governor
Smith wu« run last spring. Mr. Mad-
dox’a headquarters hnvo been located
In the name rooms of tho Kimball
■ House from which the campaign of
Joseph M. Brown was directed. Ex
cepting tho odd coincidence there Is
no Hlgnlficane* In the location of tho
headqunrtern of cither.
Past Factional Lines Obliterated.
Lines drawnln tho gubernatorial con
tent nre unknown In the present muni
cipal battle. Both Mr. Maddox nnd
Mr. Woodward aupported Mr. Wrown,
In the race for governor, and ths man-
ngem of. their campaigns nnd their
general followers arc dlvded between
tho old followers of each of thn can
didates In the gubernatorial fight.
J. D. Kilpatrick, who was nmong
those In active direction of the gover-
norig campaign, la among those promi
nent In taking care of Woodward’s In
terests, whllo Walter It. Brown, who
la tho prime manager of tho Wood
ward forces, was a supporter of Gov-
ernor-elect Brown.
Both state factions are likewise rep
resented In the direction of Mr. Mad
dox's campaign. J,. It. Smith, who
managed Mr. Brown's campaign, is
an artlvo Maddox supporter, and min
gles freely with auch enthusiastic
Hoke Smith men aa Carlos II. Mason
and .Shelby Hmlth. And thus it Is
throughout the line-up of both fac
tions, all shades of previous political
opinion being represented lit each.
'Maddox Forces Well Organized.
Tho Maddox forces continue to lead
those of Mr. Woodward In the mattei
of organization. For Instance, they
have had regular established head
quarters for nearly a week, and have
already enrolled cluba aggregating per
haps 5,000 voters. Mr. Woodward did
not open headquarters until today, and
they will not be l n shape for actlvs
work until Tuesday. Practically noth
ing has been done In tha way of or
ganising his supporters, snd the queer
decision of his managers to use no
badges gives emphasis to the work of
the Maddox supported*. It In even
stated that no organisations, excepting
ward committees, will be formed In
the Interest of Mr. Woodward, and
owing to tho difficulty In getting a
largo meeting place practically no big
gatherings will be held.
Tho Maddox meeting at the Lyric
Theater tonight was preceded by a
torch-light procession, gotten up by
the Maddox Club, an organization of
young men, headed by William M.
Smith. The dleplay made naturally
had n good effect by enthusing the
Maddox following.
Prospect For Blq Woodward Meetlnq.
The Woodward people have ont big
meeting In prospect, and It will take
placn at tho court house tomorrow
night. All the theaters are engaged
*er the week, snd It Is probaMe.thoi no
:* meeting place can be obtained during
.he remainder of the campaign. The
Woodward managers are also p.annfng for
a torchlight procsaslon. to. take part the
latter of this week or sariy to tho eom-
* n ?l °Ps" announced that Mr. Walter R.
Brown will l>« Mr. Woodward’s manager.
Alois by and W. C. Puckett will
urge of thw campaign hbadquer-
replv given o«tt to th* letter of B.
ckburn. J. K. On*, who la mt th*
BEER WITH FUUR PER CENT ALOUHUL
DECLARER BY COURT OF APPEALS
TO BE AN INTOXICATING BEVERAGE
COPPER CO. SELLS
WHOLE OUTPUT
Independent Fertilizer Co.
Fays $5,000,000 Bonus in
Addition to Price.
announced today that they have alosod
a contract with the newly Incorporat
ed Independent Fertilizer Company for
tho salo of the Copper Company's sul
phuric acid.
Under the terms of the contract, In
addition to the price to be paid for ths
acid, the Independent Fertilizer Com
pany is to pay to the Tennessee Cop
per Company the sum of 55.0QO.OOO.
A substantial payment of this sum
waH rnadp by the Independent Ferti
lizer Company on the signing of tho
contract today.
In Other Words, a Bottle of
Boer Equals Two High
balls.
Storm Outs Wide Swath, Leav
ing Death and Desola
tion.
I.1TT1.H nOCK, Ark.. Nov. JS—A
dispatch from Russellville, Ark*, says
that between twelve and twenty nnr-
sons were killed ln a tornado which
swept through the settlement of Pinny,
ten miles west of that place late to
day ami that about thirty others wore
Injured. »
Nono of the names of the.dead or
Injured ore known at Russellville,
where only vaguo reporls havo been
received thus far. This n*port states
that the tornado crossed the Arkan
sas river Just south of Plney and tftat
timber-tracts and'n number* of 'build
ings wero dustrayod. Plnoy Is located
near London, where first reports stat
ed so much damage had been'done.
Lato reports from BerryvIUt are ti
the effect that no ono was killed there
but that three were Injured.
It. was roportod at VanUuron that
five persons wore killed northeast **f
Mulberry and a number Injured. Be
cause of thb remoteness of tho towns
mentioned from the railroad and tele
graph. only tho most meager reports
are yet available.
Two Towns Demolished.
LITTLE ROCK, Nov. 23— Dispatches
also report that tho towns of Waller-
vlllo and Jethro In Franklin county
were almost demolished and that sev
eral person* wero killed In each place.
NEGRO LYNCHED
FOR UGLY CRIME
—f- *
Jim Gilmore Confesses and
Implicates Another
1 Negro.
i the guard house In
Luray, a small town In Hampton county,
this slate, after midnight Inst night and
lynched by a pnrly of enraged eltlsona.
Ullmor.. h.i! att.mpt.tf to harm i.na of
tin* dauaht.r. of hla rmployrr, Mr. A. C.
Fitts, a highly respectable farmer, while
the young ** ““ ““
Bsturdny i
I her sister were asleep
S lily re*!
wf and
Her screams' aroused the family and
Gllmoro fled, but was tracked down nnd
confessed, Implicating another young no*
gro. who has not been captured,
In Gilmore’s hat was fopnd the picture
White womfn.
PERDUE OK TRIAL
FOR KILLING PORCH
BARNEBVILTJ5. Ga..
rlor court at Zebulon today, Judge Rear
vPhfjSry Was selected without delay and
examination of witnesses begun. The
cue will probably occupy two days more.
It Is being stubbornly fought by both
M mm
head c
III* pri
He
lants. who Is editor of the Journal of I party.
* * — — 1 — * 1
the rsnadlnn trades congret* by the
light before, j American Federation of UW, which If
la enwraptJon at Denver.
Maddox'*.forces, denies that
ryheld here Cs a democratic one.
It ha* nothing to do with th*
been from Its origin • «on-
Aa far as
ATTEMPT TO HIDE GRIME
DONALBONVILLB. . Ga.. Nov. *!.-•
Milliard Harrison, colored, waa found
dead near the railway tracks near Gor
don. Ala., a few miles west of her* last
0, f!vl'd*nre *t tha Inquest show* hi. waa
murdered In a drunken gambling gam*
and put near the track* by partlee un*
known.
TALK MUNICIPAL AFFAIRS
Ing representative of the commercial In*
terrets nf America* etui Urgriy attend*!
was held tonlaht for the purpose of dis
cussing municipal matters, nnd formulat*
Ing an alderraonla ticket far th* forthcom
ing il<-mn,«r*Jlc nrimmry.
In al| llaes of 1
Decision Is Handed Down in Case of
Cornelius O’Connell, Appealed From
Macon—Beverages 8elzed, Althouqh
Not Warksd "Lager,".,Contained 4
Per Cent Alcohol, and the Court
Takea Judicial Knowledge of the
Fact That 8uch Bevaragea Produce
Intoxication—Court Doesn’t Pretend
Lack of Common Knowledge on Sub
ject of Highballs.
ATLANTA. Nov. 23—(Telegraph
Bureau, Kimball House)—Beer con
taining aa mueh aa 4 per cent of alco
hol ta Intoxicating, under the meaning
of the state prohibition law, aays tho
state court of appeals In a dedslin
handed down today, In the rue of
Cornelius O'Connell, uppealed from
Macon.
O'Connell wa* convicted In three
rases, the charge being a violation of
that part of tho prohibition law, say
ing that no Intoxicating liquors shall
be kept, in a public place.' He oper
ated a soft drink establishment, in
which was found a varied assortment
of near and supposedly real beers.
Whisky wuh discovered In a room over
the.place. ’ ^
It developed that among tho bever
ages seised was one known ns
"Hchllts's beer," though It was not
denoted ok "luger.’' Therefore, the
recent doclslon.of the same court to
the effect that laggr beer la prlma
facie intoxicates did not prevail in.
this rose. However, It was disclosed
that the beverage contained 4 per cent
of alcohol, and It la proper, aays the
hlfcher tribunal, for the court® to take
judicial knowledge of tho fact that t
per cent alcoholic beverages will cautfe
Intoxication.* .
What Court 8ays,
"We feel no hesitancy In taking cog
nizance, aa n mntter of common knowl
edge, that any brer or other liquor of
similar-potnbleness. whic h contain* ms
much na 4 per cent/ef alcohol ia Intox
icating." to. quote from the opinion
as drawn by Judge Arthur G. Powell,
"Jrtdwd tog^f beer (we nre not em
ploying the words In ft trade or tech
nical aanaa but In the ordln*ry sense In
which they are popularly employed) or
the intoxicating quality of which Judi
cial notice la taken la merely a malt
beer, containing approximately 4 per
cent of nlcohpl. Tower to Intoxicate
docs not mean power to mnko a per
son dead drunk, or stupidly, stagger
ingly or foolishly drqnk."
What "Intoxieatlon" Means.
means the Impairment of the mental
faculties to the oxtent of making ft
person's condition abnormal or notice-
ablo to others.
It la set forth that In light of com
mon knowledge It would he ridiculous
to hold that a beer containing aa much
na 4 per cent nlcohol I* not ••Intoxi
cating" under iho legally accepted
meaning of that word. It In. nrgurd
thnt that per qentago of alcohol in ft
pint of beer Is equivalent to the
amount of nlcohol In an ounce nnd ft
half of 100-proof nMalty.
Thn court refer, to tha caan of
Plncho <0«Mc. »,«> la which. In lino
with a iinclKlon of tho MauarhUMtt.
court, courta ara il.ntcil thn right to
tnhn judicial mmlaancn of thn fact
that drink, rnntatnlnic o par cent or
more of nlcohol la Inloxlcatln*.
Treat!,a on Highball,,
Thn Onorgla court tfacl.ru that If
thn M.lnn court had ntomini; to con-
alder tho fnrt thnt It Judicially knerr
that 4 per cent ot alcohol make, a nvo-
plnt hotllo or bear aqoInlMt, alco-
hollcally. to two -hltfhbalu,” It would
havo- decided differently. U la al.o
announced that It would bo mawktah
for thn average court to pretend a,
lack of common knnwlndtfe on tho ,ub-
Joct of "hlahballa." .
Thn dnrl.lon la an Impn-dnnl one. aa
It -flaca In a acnae an exact standard
by which Uin prohibition law may bo
enforced, a feature omllUd from tha
law Itaelf.
MANY ATTEND
THE MEETINGS
Atlanta Voters Wild With En
thusiasm Over Race For
Mayor.
ATLANTA. Ga.. Njv. H.-Hor" than
3,000 peraon, attended th" Maddox m»»a
martin, at tha Wr'c theator nruo toM.hx,
Tha house wa, packed to full c-ioauty.
a aecontf crowd ... unnutf
lobby and a third In the «W»t- _ IaM»
Urn IhefttSF Mr Maddox, C. 1. Ixdioii,
rhsrlci W. Bernhardt, Robtrt Proyh**.
press Huddleston. J. K. Orr ana othsra
spnVo. 8._ M. ]■“
TnTh. lobby. /. It- H"U,h. .v.ir. Tarred
"SW iVmnSn VttSmUtf in oddrau
*d in the in front.of the
thcatsr. but wa* stopped by th
qf th
II.;. ::
Many «
rarrt, with
tsld
clr might.
;e«l for Wood-
po#lt|on that Mr. Woodward
j friends os well «* to the «
meeting tonight., no p^rsonalltlc
manic ticket suggested will sprakws.^^^
bile utlUth* th* fifth ward,
ampalgn fur committee * alberta#,
,„w than sso and bad to be hrid In
ly , x . tj.« open air. The candidate spoke. Mtritt
enthusiasm prevailed at both meetings.