Newspaper Page Text
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THE MACON’ DAILY TELEGRAPH: TUESDAY MORNING, DECEiCBER 1, 1908
-
CHOOSING
A PRESENT
for the men folk is oftimes a
serious problem for the ladies.
Perhaps you’ve had experi
ence? Perhaps not.
POLICE OFFICERS ARE
Pending Investigation by the Polite
Committee—Lieut. Moeely and De
tective Jones Off Duty.
Either way, possibly we can for trial yeaterd.y morning, but
offer a few suggestions as to
what he would like.
Mayor MUfer yesterday morning or
dered the suspension from duty of
Lieut. Mosely and Detective Tom
Jones pending an Investigation by the
police committee of a reported occur
renee Kunday morning.
At the Instance of Lieut. Mosely.
cases of disorderly conduct against
himself and the detective were entered
We know the whims and
tastes of most of the men
folk of Macon, because we’ve
raised them from boys—and
tried to raise them right—
therefore today most of them
come to us for what they
need.
Consequently the place at
which they buy you are most
likely to find what they want.
Our lines of useful and prac
tical gifts are ready.
We invite your inspection.
OHS PUCK TO EVERYBODY
SPECIAL NOTICES
Jess* B. Hat Oan. Mmisit.
J. Freeman Hart. See.
Jesse B. Hart & Bro.,
Funeral Directors
rtSS&WBJ?" •AIa'SS'iTS*.
OPEN DAY AND NIQHT.
TO THE PUBLIC.
Emmett Leonard and Geo. 8. KH*y A
Bon advertise that they own every fuaer-
al earrings In ttis city. except three. In
anawar to this wa desire ta notify the
number ef^earri C *aa arUtl ■ Un " l * a
are not oom pdlef *to*g©t the
{?£& 'ttTy's v”
ft la an uadteputed fact that they liava
raniad thalr carrtasrs to tha colored peo-
** M whits
X'la as ’
prove li
paopla a ml wa oan
PURflLBT A CLAj
rndertaX
PURSLEY & OLAY/
UNDERTAKERS.
Always epan. ill and SIS Mulbarry St.
Oldest exclusive undertaking house Jn
Ssrt
Carrlaosa to tunaral 63.60.
TO THE PUBLIC
tVe notice that Lamar Clay Is ad
vertising funcrul carriages at US.SO)
three dollars and flftv cants sach. In
this connection va desire to say that
wa own every funeral carriage in the
city except three. As an Inducement
to gst business ha rents those threo
carriage# at three dollars and fifty
rents. 8hould hs be called upon to
furnish mere than these three ho could
no* get them In the olty. We are
determined not to let him have any
of onre at any price. We mako this
announcement on account or this out
In prices, as we wish to proteat our
friende who are In the undertaking
business trying to maks a living out
of thalr vocation. Ours are the only
carriages In the city rented exclusive,
ly to the white trade.
—GO T0-
WESLEYAN
Th# bost iiwtruction in the
cheapest.
THE COUNTY COMMISSIONERS
WILL NOMINATE OFFICERS
-n< counlr MmmU.lt*w. *UI ksM
Ui.lr r..vl.r .Mill IM< moraine, .1
.hUk llt.r .in nominal, th. oirtenn lor
th. mains nu. ThU nomination ha.
hr.n th. cunom for mtnr lura and la
MultnUal to u olooUon,
gasssfesa
T»o Woo.moo of Mama am ofterln*
> as xz'cM ,o
rtlatt trill Intro-
him.
night Oerr awn C.
dure the speaker, hour
UUM mMto, If rc
ft-W"}"" ahall b. amply r.p.14
mi. to ‘do** '*** bar. incumnl In th.
CHAMBER OF COMMERCE
ii-
tib ANNUAL MEET
REPRESENTATIVE* PROM EVERY
SEOTION MEET IN MACON ONCE
EVERY YEAR AND EXCHANOE
QREETINQB.
All ef the salesman for tha F. 8. Roy
star Guano Company who travel In this
section, mat yesterday with Mr. James
W. Callaway, southern manager of the
company.
Macon la southern headquarters for
this company, and the salesman meat
hare each season preparatory to leaving
for ‘hair *tlve territories
Thoae present at the .nesting wmw
Maura J. Co* Webb, W. V. Hart, W.
L Turner. Norfolk. Vs.; H. D. Watts.
Amarloua; 8. M. Collier, Thomaston;
Davenport Quarry, Macon; J. L. Hunt,
Baraeavllle; J, B. Bllanbar^ Atlanta; '*
New Tork: C. O. finead, Pork Union, Vo.
C.: C.
t'f
ww mm; v. u, nnwo, Fork bniun, ra
The meeting, while Intended as a purely
business affair, was a pleasant ons, as It
brought these gentlemen together that
they might exchange treatings and expe
riences. They are always glad *
Macon all at ons time, and thej
with good wlehes for the euocea
In hla own field of operation.
is THIS
• A
SQUARE
DEAL?
The Taylor-Bayne
prua Co. will alve
you your money
beok If MI-O-NA
dees not eure Dys
pepsia.
They make this
square deal offer because they are au-
genuine.
And while It may be that there are
about I cases In 100 that are too far
gone for Ml-o-na to cure we are will-
Ing and reedy to take all the chances,
and If Ml-o-na doe* not cure, any
dyspeptic can have his money back.
Bven with this liberal offer this firm
will not have to refund but a very
email percentage* because the I Incur
able dyspeptics will find so much re-1
lief in Ml-o-na that they will once
again look upon Ui# aunny aide of Ufa.
and will continue to use Ml-o-na.
I Now, reader, you nt6y say how can
the makers of Ml-o-na maka such an
offtrT How do they know that ta par
cent of the users will be cured, and
that the other I per cent or the in
curable*. w|U be relleyd?^
before we made It here, and we have
figured out the percentages, to that
when we make the statement wo know
It to he absolutely true.
“Ml'O-na tablet* are truly great for
anyone that has atomach trouble. I
can not praise them too highly for
what they have done for me.*’—Mrs.
W. I). Bennett, lfucksport. Me
The price le only 60 cents a box.
MACON BOATS UNITE
WITH HOUSTON LINE
AND THE TROUBLE WITH DOCKINQ
WILL NOW BE DI8PIN6BO WITH.
COMPANY HAPPY.
such acts on the part of the police are
matters of Investigation by the polks
committee the cases were marked dis
missed.
The hour for the Investigation by
the committee was set down for C
o'clock by Chairman Wheeler of the
committee, but for some reason the
Investigation was postponed to some
future dute. Both msn are off duty
for the time being.
The trouble which brought about
the utiHpenslon occurred Punday morn
ing some time later Lieut. Mosely had
gone off duty at 12 o'clock and had
checked up the coming In of the men
on Jils relief. He and Detective Jones
nature, and this was followed by
attempt on the part of the lieutenant
to strike the detective with his walk
ing stick, being prevented by Blcyqle
Officer Rogers receiving the lick.
There are some who say that the de
tective drew a pistol and attempted to
shoot the lieutenant and was pre
vented by Officer Braswell, but Lieut.
Mosely says he did not see the pffttol.
The Investigation will bring out all
the details of the affair. It la not
given out when th* committee wlH
meet
To Drive Out Malaria
And Build Up Th* System.
Take the Old Standard GROVE'S
TASTELESS CHILL TONIC. You
know what you are taking. The for
mula Is plainly printed on every hot
tie. showing It la simply Quinine and
Iron In a tasteless form, and the most
effectual form. For grown people and
children 60c.
OFFICER DREW IS HAPPY
OVER RECOVERY OF CHARM
While Lewis Jackson, a well known
negro, who lives at 1049 Ocmulgee street,
was wslklnr along Boundary street, cor
ner of Wise avsnue. on Bun day morning,
he picked up a piece of gold, the same
being a very pretty trinket of jewelry to
him.
Yesterday morning he read In The
Telegraph that Officer C. B. Drew had
lost a portion of the watch oharm that
had been presented to him In 1193 by the
Floyd Rlflee. He saw by the description
that th* piece of gold found by him was
a * part of th* charm that had been lost.
k* the honest negro that he Is.
hunted up the officer and handed II
him. And now the officer does not know
who to thank th* most. The Telegraph
or Lewie Jackson.
The entertainment given by the Wood-
l enterL „„
men of Macon le the talk of th*
You cannot afford to miss such
city.
FOUR GENERATIONS WERE
There was a pleasing little Incident at
. —... — _ if II
the home of former Lieut
Mosely a few days ago.
His mother celebrated her *0th birth
day, and this was the occasion for a
family gathering. Thers was present
the mother, Mrs. T. M. Mosely, her son,
Chas. W. Mosely. his son. Will T. Mose-
ly. and his eon. Chts. D. Mosely, and
Mrs. Chaa. W. Mosely, making up a par
ty of six and representing four genera
tions.
The gathering was a pleasant on*, and
(fly marred by the leavo *
Augusta to take »’ responsible* position
with tha 8w!ft racking Company.
How to spend a pleasant evening. „
to the auditorium tonight and hear home
muslo and Texas oratory. You will be
delighted. Free to all.
18 NOW COMPLETING FOUR THOU
SAND FEET OF LEVEE ON MIS-
. StftllPPI BANKS.
closed a contract
"WIBKS Bl**
to build twenty-five miles of railroad,
between Vldalla and llaalehursL This Is
.a portion of the Osorgta and Florida rail-
road, ona of the possessions of the John
Bkelton Williams syndicate.
This road ta now operating between
Haalchurat and Madison. Fla., through
Valdosta, and la to be a line from Au-
K la to some point in Florida beyond
Itson. What will be don* from Au
gusta northward and from Madison
southward remains to be seen. Mr.
Klkan has already let out some of th*
work to sub-contrsctore. and will have
“■*" «wn large force at work aa soon as
.'ompletea some levee work in Louis-
w which will be In th* early part of
January.
The work In Louisiana Is the building
of some four thousand feet of levee on
the banks of the Mississippi river, twen-
ty-slx miles from New Orleans Thla
levee la 100 feet wide at tn* base and 10
feet wide on top. and from thee* figures
It will be seen that It la quit* a Mg job
of Itself. Mr. Klkan expects to complete
this immense pile of dirt and other ma
terial about th* 6th of January.
TYPOS HOLD AN ELECTION
FOR OFFICERS FOR YEAR
Macon Typo*
The regular meeting of ,
graphical Union No. M was held yester
day afternoon, and the annual election of
•fflcers held.
Th* officers are: President H. H.
Myers; vice president. A. B. Pleree: sec
retary-treasurer. D. Ma Beaton; renting
clerk. A. D. Saswrd; 'sergeant-at-arms,
i’har. H, Retd. The delegates to the On-
tml Labor Union are Messrs I>. M. Ben
ton. W. H hieQuyrt, C. A. Thompson and
tavlon Smith.
The Ms,-on A Brunswick Navigation Co.
Ms established connections with the
Houston lino of steamboat*, who h.ive
.onlv recently n*4e Brunswick one ef
-their numerous port*. kj
The Houston line Is an old and well
eatshiuhed company, having a line of
id In i-n p r«-mb*r 11 for Liverpool and M
i Chester.
, isu connection wth afford farm
for th# handling of freight by the Me
:* iirun»wt.-k Navigation Ox. and wit!I Srieua.m
MHHgrBMSW'asjs wSSBE
. tmpertam business of the chamber be-ij un^erfming ta the matters of traAs-l Fee Ss
Every Woman
U Utf.-^sw-d atd BhIHHV
M ARVIEL W hjrlin j Sjray
of the I
Ut the Jeques buUdtar.
Ffarth street, this afternoon.
-.Irrv-
lYeet-
eeuth- «
vend eengrre*. t> be |MB in At-
«1U be Uaoea^ted,
DARING PLOT OF
MME. STEINHEIL
Object of Orune to Gain Let
ters Written By Faure to
Her Husband.
PARIH. Nov. 20.—The investigation of
the 8t«lnhe!l case did not make any great
advance today. M. Madre, the examin
ing rnaglutrath heard only a few aeqond-
ary witnesses. The most Important re
sults, however, are expected from the
lengthy examination of Mmo.- Btelnhail.
which hna been fixed for tomorrow and
Wednesday, and the magistrate will de
ride from the evidence whether th# "Re-
ronstnirtlon" of the crime In the pres
ence of Mm*. Htelnhell will be necessary.
Kxtraordinary precautions are being
aken in \
stratloi
i (M>ssfble hostile demon-
Mme. Htelnhell will be brought to the
court at an early hour and she will bo
kept henceforth In the historic Conclrge-
i announced tonight that Mme.
The reason given for this
-ourt advocate aa he la not versed in
that class of work.
Object of Crime.
Th* Libre IVirole. an anti-Semitic
Journal. Is still I
keeping up the cry that
Felix Faure, who died In thla city In
the victim of a political
. ... .... . pol
der because he Intended to refuse the
request for a retrial of the Dreyfus
- that Adolphe
It claims
Htelnhell.
Adolph. r .
found dead In hla resldi
Paris, last May. wan murdered with the
connivance of ¥ils wife nnd th* political
police. Th* object of the crime was tc
obtain possession of certain letters writ
ten by M. Faure, which the paper alleges
compromise men now activo In publli
life.
Btelnhell was fully conversant wltH hla
mended 1200,00ft. This sum was by those
Implicated considered exorbitant. and
consequently an arrangement was per
fected with Mme. Htelnhell to burglarize
the house, ahe to take advantage of the
occasion to rid herself of ner husband.
The paper gives th* name of the detec
tive wtio, It la alleged, directed the oper
ation, and It declares that the name of
th# actual a
W»
Min has been disclosed by
Mariette Wolff, who was a cook In the
had confided them to the keening of
i ransacked.
friend. Th* whol* hous*
find that the pape-a had been
- idT
moved to Switzerland.
M. Ogler, director ofr the laboratory of
toxicology, has begun an analysis of the
glasses found In the Htelnhell residence
after th* crime. He Is not hopeful of th*
result, believing that th* glasses were
either washed after the last meal of the
Htelnhell family, or If narcotics were
used/In them, all traces have since evap-
i Hi in
MM I
been absorbed.
IS
OF NIEBCER ELEVEN
CHOSEN AT A MEETING OF MEM
BERS OF FOOT BALL SQUAD
YE8TERDAY AFTERNOON.
At an election held by the memb*rs of
th* Mercer foot ball squad yesterday
afternoon Left Half Back Rlnlon was
chosen captain of the eleven of 1909.
- Than Blnlon there 1» no more popular
treat player or student at Mercer University
and It will be pleasing news generally
that he Is to lead the orange and black
“ the gridiron next year.
Hlnlnn has been developed aa a foot
ball player exclusively by Frank Blake,
who first had him In charge at Gordon,
HI# playing With that team was of such
a high clasg nature that when Blake
signed a contract to coach Mercer, he In
duced Blnlon to enter ths college. I.
was a forgone conclusion that he would
make the team.
Pinion’s work during the season Just
ended nearly nlwnys bordered on the
sensational. His ability to punt made
him the lending player on the team in
that respect, and as a ground gainer he
had no equal, with the exception of
Cochran. He was also vsry clever In ths
execution of ths forward pass.
Next year Blnlon la expected to take
rank among the leading players of **
south. *
She Wants None Better.
The housekeeper who once tries
Blue Ribbon Vanilla la satisfied. Sho
wants none better—there la none bat-
NOTES EXCHANGED;
MACON CONTRACTOR TO MR.ROOT.MR.TAKAHIRA
BUILD NEW RAILROAD
AGREEMENT
AMERICAN-JAP
LIKENED TO THE MONROE
WASHINGTON, Nov. 10.—8eeretary of
ambassador on behalf of Japan, late to
day exchanged diplomatic notes defining
the policy of the two governments tn the
far east The actual ceremony of ex
changes was very brief, Secretary Root
Ung the ambassad<
handing the ambassador a note which
bore hla signature and the ambassador
giving to Mr. Root a paper defining Ja
pan’s policy and bearing hla signature.
After an Informal exchange of felicita
tions the Japanese ambassador and his
secretary. Mr. Hanahira, left tbs depart
ment, the former with a amlte on his
face. Indicating his great satisfaction
rer the conclusion of ths «kaha*ges.
Th* full purport of the note* already
has been sent out In tha Associated
Prose dispatches. Thsy will be nude
S ubllo simultaneously In tho United
tatc* and Japan tomorrow night with
- view to their publication In both coun
tries on Wednesday morning. Th# ex
change of notes is based an the Idea of
eucouragtng and defending free and
legislative action by the senate is
unnecessary and the declaration or ex-
of note* will not have to be re-
to that body. The declaration Is
simply a reaffirmation
for. simply a reaffirmation of
M „th Japan and ths United
States have stood tor In China and In
the far east generally. It has no leAl
standing, but Its greatest benefit wllll>o
that derived from the moral effect It will
exercise tn the future diplomacy govern
ing the far east. In this respect It has
been likened te the Monroe doctrine in
American history.
Apart from the reiteration of the at
titude of the two governments In teres ted
on the subject of China, the exchange of
today’s notes la very tlmety and useful,
according to the state department. To-
day’s newspaper publications abroad
while expressing generally a favorable
degree of eatlsf-tctlon over the step token
by Japnn and the United States, at the
•aim time *h<vr that there ta still aoms
misconception of the real attitude of the
two countries. America and Japan un
derstand very well what th# attitude of
the other I*, aald a prominent official to-
day. but there are a number of people In
various parts of the world who do wot
seem to understand and far this reason
a restate me* of the attitude of both
government* was deemed a wise step.
Makes the Liver Lively.
Ortno Laxative Fruit Syrup elves
permanent relief In case* of habitual
constipation aa U stimulates the (Iv
or and restores the natural action of
br-n undergoing tn th* matters . f trass- Fee Set by 1 *ub*t'tutr«. II. J L*m
<mbi< UKr CVTM- * Utwuwkk. jJMut s. Ho*. On* C«.. M4-M4 Cfettry tt | fourth K.tloMi tank.
the bowels without Irritating those
ennr like pin# or ondlnarjr cathar
tic*. Does not nauseate or tripe and
la mild ami pleasant tn take. Re
member the name. Ortno. and refuse
substitutes. II. J Lamar 6 Co, pear
VIRGINIA ROADS
SCORE A POINT
Circuit Court Reversed—Case
Gees Back to Court
-of Appeals.
WASHINGTON. Nor. SOWu.tlc,
Holmes today announced the decision
of the supreme court of the United
Commission of Virginia, calling tots
railroads va. the State Corporation
Commissioner of Virginia, calling into
question the order of the commission,
fixing a uniform rate of 2 cents a mile
for carrying passengers in the etate.
The decision reversed the judgment
of the United States circuit court for
the eastern district of Virginia, but
only on the narrow ground that the
railroads should have appealed fnAn
the commission’s order to the supreme
court of Virginia before seeking the
Intervention of the federal courts.
In effect the court directs .that the
railroad companies take their cue to
the state court of last resort and that,
In order to prevent Injustice through
the possible application of the'statute
of limitations, the case be retained
on the docket of the United States cir
cuit court by which it was original!/
decided favorable to the roads.
History of the Oase.
In this case the Virginia commis
sion had fixed a rate of two cents
per mile and was proceeding to pub
lish the rate, aijd was taking the Ini
tial steps to enforco It. Thereupon
tho railroads went Into the circuit
court of the United States and) obtain,
ed an Injunction against the commis
sion enforcing the rate, on the ground
that It was confiscatory. To the Ml:
In this case tho members of the Vir
ginia commission demurrrod. not rais
ing the question of the merit* of the
two cent rate, but claiming that the
commission In fixing the rate had ex
ercised the authority and jurisdiction
of a court and that lt> action was.
thereforo, res adjudlcata and could
not be Inquired Into or Interfered with
by th# circuit court of the United
States. It. therefore, denied the juris-
diction of the circuit court of the
United States to inquire into and en
join the rate, even though it might be
confiscatohr.
Contention Overruled.
The supreme court overruled thli
contention, holding that the commis
sion Is not a court when making a
rate, but Is acting legislatively, and
that Its action is not res adjudlcata,
and Is not beyond the reach of the
federal courts if it violates any pro
vision of the constitution of the
United States. Under the Virginia
system, however, an appeal Is given
as of right from the action of the
commission making the rate to the
supreme court of appeals of that
state.
The decision further held that tfie
action of the court of appeals of Vir
ginia on such appeal from the* com
mission In making the* rate, Is Itself
legislative and not Judicial, and that
It likewise ia aubject to be Inquired
Into, and If It violates any constitu
tional right of the carrier, is subject
to be enjoined in tho circuit court of
the United States.
Goes Back to Appellate Court
The' supreme court further held,
however, that as the state of Virginia,
had given this right of appeal from
had given this right of appeal from
the commission, the final legislative
word of tho state in respect to the
rate la'not aa'd until tha state court
of appeal* says It. and that under
these circumstances It ia proper for
the carriers before going into the fed
eral court to see If the state court of
appeals, acting legislatively, will not
correct the wrong of the commission,
which la complained of, and that if It
refuses to correct the rate It then will
be time enough for the carrier to come
Into the circuit court of the United
States to enjoin the rat© which
complained of as confiscatory.
The supreme court further holds
that the action of the state court of
appeals being legislative, and not judi
cial, the remedy need not be pursued
of taking the case to the supreme
court of the United States from the
highest court of the state by writ of
error, because the action of the high
est court of the state is not a judi
cial actlbn, but la legislative, and may
be enjoined in the circuit court of
the United Statea In a proper case.
The United Statea supreme court
therefore, whilo reversing the decision
of the court below, ordered that the
bill be retained In the circuit court
to see what the court of appeals of
Virginia will do when an appeal !»
taken to It, and If it la now too late
to take an appeal, the order of tne
United States circuit court enjoining
the Virginia commission must be af
firmed. If the court of appoals of
Virginia, however, entertains the ap
peal, then the railroads would have
the right to proceed Ui the circuit
court of the United 8tates to ques
tion the validity of any order of the
Virginia court of appeals aa contrary
to the constitution of th* United
States, and need not come from the
Virginia court of appeals by writ of
error to the supreme court of the
United Statea.
The chief justice and Justice Har
lan concurred In the result, but dis
sented from the reasoning.. They held
that the contentions of the Virginia
commission were correct and Justice
Harlan declared that tha bill ought
to have been dismissed.
Railroads Satisfied With Result
The railroads claim that they are
practically glveh every substantial
right which they contend for.
The court's action In reversing th#
circuit court was based on the fact
that the roadt had failed to appeal
to tho atat* supreme court before
Invoking the Intervention of the
United Statea circuit court. On this
point Justice Holmes aald;
"Consideration of comity and con
venience have led this court ordina
rily to deellqe to Interfere by habeas
corpus where the petitioner had open
to him a writ of error to a higher
court of a state. In caoes where there
was no merely logical'reason for re
fusing the writ. The question
here.
’We admit at once that they have
not dhe same weight In thle cate. Tie
question to be decided, we repeat, ts
legislative, whether a certain rule
shall be nude. Although the appeal
la given at-a right, it ta not a rem
edy. properly to called. At that time
no case exist*. We should hesitate
to tay. os a genera! rule, that a right
to resort to the court! could be made
always to depend upon keeping a pre
vious watch upon the bodice that
make laws, am) using every effort and
all the machinery available to pre
vent unconstitutional laws from be-
cbm hardly cxn be dis
posed of on purely general principle*.
The question that we are'*consldcring
may be termed a question of equita
ble fltnw* or propriety. Srid muat
he answered on th# particular facta
Th# establishment of railroad rates ta
not like a taw that affects private
pervotto who may never hsrv# hear!
of It tin ft was passed, ft la a mat
ter of great I Merest, both te the ra n -
roada and to the public, and la wat di
ed by both with acnatlntatag care.
Th# railroad* went Into evidence be
fore the commission. They very w*p
might hart taken the matter before
-NOW IS the TIME TO
open an account with the
American National Bank
of Macon
The -Largest Bank in Middle Georgia!
Capital and Surplus - $800,000.00
Our loyal customers will tell
you how we treat them.
R. J. TAYLOR, President L. P HILI.YER, Vi«-Pr«.
R. W. JOHNSTON, V.-P. OSCAR E. DOOLY, Cashier.
r
Central of Georgia Railway Co.
Savannah, Auguxta
Athena and Madison
Atlanta and Griffin.
Atlanta and Griffin...
. 4:40pm
Albany nnd Montgomery • 3:00am I
Albany and Montgomery.. .*11:40arr
Americas • 7:55pm
•DAILY. fEXCEPT SUNDAY.
Current schedules corrected to date. District Passenger Agent. 60S <
Savannah, August*
Covington and Eatonton
Eatonton and Mllledgevllls. .f 9:00am
Athens and Madison *U:00am
Athene and Madison.
Montgomery and Albany>.!!.<
Amerlcu*
JOHN W. BLOUNT,
the *upreme court of appeals. N>
new evidence and no great addition
expense would have been involve 1”
Application Statute of Limitation,
Referrring to the possibility of the
case being barred in the state su
preme court by the statute of llmita
tlons, the opinion aald:'
"We express no opinion upon the
matter, which la for the state trlbu
nals to decide, but simply notice «,
possibility. If the present bills should
be dismissed, and then that possible
conclusion reached, injustice might be
done. As our decision does not go
upon a denial of power to entertain
the bills at the present stage, bns
upon our views as to whut Is tne
most proper and orderly course in
cases of thla sort when practicable.
It seems to us that the bills should
be retained for the present to await
tho result of the appeal if the com
panies see fit to take them: If the
appeals are dismissed as brought too
late the companies will be entitled to
decrees. If they are entertained and
the orders of the commission affirm
ed—the bills may be dismissed wlili
out prejudice and filed again.”
A Dissenting Opinion.
In hla dissenting opinion Justice
Harlan said:
"In my Judgment tho Virginia state
corporation commission la a stats
court within the* meaning of section
720 of the revised statutes. If thb
final action of that commisalon In any
case of rate m*klng should be con
fiscatory and therefore liable to the
objection that by Its operation it will
amount to th# taking of property for
public usd without Just consideration
and therefore ^without due. process of
law, and if such action should, upon
appeal, bo approv/d by the highest
court of Vlririnta. then that question
could be brought here upon a writ of
error and thereby, any rights secured
to the aggrieved party by tho consti
tution or laws of the United States
could be recognised and fully pro
tected In our final Judgment The
way Is open, under the law, creating
the commission for the protection ul
timately by thla court of any right,
especially set up and claimed which
that tribunal may violate or refuse
to protect. I am of the opinion that
the Judgment should be reversed with
Instructions to dismiss the suit
brought In the circuit court of the
United States.”
PRIZE-WINNING AUTO
IS RACING IN MACON
DRIVER LORIMER AND CHALMERS-
DETROIT NO. 10, THAT PARTICI
PATED IN SAVANNAH RACES,
MADE RECORDS HERE
. YESTERDAY.
The appearance In the city veaterday
of th* Chalraers-Detrolt No. 10. which
finished third In the light car races re
cently held In Savannah, aroused a great
deai of general Interest, and caused
aoprea to ilock to Central City Park
where the machine made speed teats
throughout th* afternoon.
.Accompanying tha prlxe-wlnnlng car,
which ran a remarkable race m the 200-
mlta contest, are Driver Lee Lorlmar
and Mechanician 8ttckney. Both are ex
perienced auto racera and handle th*
car aa though it were a toy. Driver Lori-
mer gave » remarkable exhibition of cir
cular trade driving, hla method of keep
ing th* machine within less than a foot
of th* Inner ratling exciting the admira
tion of all and thrilling to th* utmost any
amateur that accompanied him.
The lap was made in 1:05. this being
the best time of the day. The beat rec
ord for a five-mile stretch was 6:29.
which Is almoat the equal of the world’s
record. Driver Lorimer and hla prise-
winner will be in, the city, seven! days
before leaving for Detroit He la stop
ping at the garage of Sir. J. W. Hhln-
holser, who has the agency for the
Chalmers-Detroit In this city.
Provided fair weather prevails again
today, ths car will give exhibitions at
the race track beginning at 3:30 o’clock.
It will be remembered that this machine
was entered In the Savannah races by
8h!nholacr & Co., and conrlderobl© local
Interest is naturally taken In its accom
plishments.
THAI NIGHT SCHOOL
NOT YET ORGANIZED
WANTED TO KNOW HOW MONTGOM
ERY MADE SUCH A SUCCESS OF
THE ONE THERE.
glace th* report of Hupt. Chapman,
made at the last meeting of the board of
education, of his investigations In regard
to a demand tor a night school to b*
K!r 1 oT n B'ir^V w 'i h u ^*wai b, li
being don# In this matter, sad U Is
thought that tho school will be epeaed
shortly after the next nesting of the
By direction of the board. 8upt. Chap
man ts now In communication with Prof.
SJbuIf*hr the
way a lUs-logg friend of 8u»L - Chap
men’?. in regard to the night schools Tn
hendred aPpUcaUona were received In
Montgomery when the night school was
first advertised In that city. fupt
Chapman has asked for ta forma Pop as
to how the shots success was obutaed.
FLORENCE
In the "Smart” Musical Play,
Marrying Mary
By Edwin Jlilton Hoyle
—Lyrics by—
Benjamin Hapgood Burt
Music by Silvio Hein
Prices^—25c, 50c, 75c, 51, $1.50
Friday Night, December 4th.
MR. E. H. SOTHERN
And bis original New York Company
u
lord Dundreary”
Production duplicated after tho
Theater Royal, Haymarket. London,
production of 1870.
Seats on sale Wednesday, Decem
ber 2d.
Prices—56c to 22.0C.
Lyric Theater
Ed. EUSTIS
Hand Balancer
LUCILLE SAVOY
Operatic Soprano and
Soubrette — --
THAT COMEDY DUO,
—In—
The “Arrival of Arrabella.”
Pathe’s Popular Pictures
and will present the result of h!s in
quiries at the next meeting of the board.
• In hla original recommendation, the su
perintendent suggested that the night
sehooi be conducted only three evenings
out of th* week, end the sessions be not
longer than two hours, on the idea that
boys and girls who are obliged to woi^c
during tha day would not be able to
stand the strain of an every night ses
sion.
being recognized throughout the country.
will be largely increi
meeting to take plao
on pecemb
Texas Masons.
WACO, Texas. Nov. 26 —The Grand
Royal Arch Chapter of Texas conven
ed her# today preliminary to th# con
vocation of the T« xaa Grand Lodge of
4
A
WEDNESDAY NIGHT,
\JULESMURRV
PRESENTS
4i
MINOR & VINCENT
1
XJ
The Importance of the night school Is
It wns a subject of much discussion at
tha recent convention of the National So
ciety for the Promotion of Industrial Ed
ucation In Atlantn. ond many arguments
were made by delegates attending la Its
Applications for the night school con
tinue to come in, and it T# believed that
/ i
th* number reported by the superinten
dent at th* last meeting of the board
Teasel at the next
~ nber 17.
Thle Is Worth Reading.
Leo F. Zellnskl. of 62 Gibson street,
Buffalo. N. Y.. says: “I cured the
most annoying cold sore I ever had,
with Bucklen’s Arnica Salve. I ap
plied this salve once a day for two
days, when every trace of th* tore
was gone.'” Heals all sores. Sold un
der guarantee at all drug stores. 26c.
The Best Cough Cure
A half-ounce of Virgin Oil of Pine, two
ounces of Glycerine and a half pint of
* >ugh that
24 hours.
fifi
Whisky, mixed, will cur* any <
is curable and break a cold t~
Taka a teaspoonful every four
your -druggist tor the genuine Leaoh’s
Virgin Oil of Pine compound pure, pre
pared sad guaranteed by the Leach
Chemical Co.. Cincinnati, Ohio.
Arion Concerts.
WASHINGTON. Nov. 20,—With a
concert and ball In Masonic Temple
tonight, the Arion Singing Society U
Washington will begin Its season.
Majgns tonoirrm **