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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.