The weekly telegraph. (Macon, Ga.) 1885-1899, January 24, 1895, Image 3

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THE WEEKLY TELEGRAPH: JANUARY 24, 1805 i I, D. IS. i H It Is (iiing imuugu . in Spile of tbo Central’s Tricks. w uuiuuuuu rsE THE S„ D. it W.’S GRADE ift «pear llua Granted an Order to , hoW Came In Suvannah on the Fourth of February—Con* damnation Proceeding!, Tbe Macon, Dublin and Savannah railroad „i e have a chatter to run a lino from Jlicon to Savannah. Their road ia already mplctod and in profitable operation from Vicon to Dublin, but they propoao to go on tliiougb to Savannah. In 1885, before the Uicon an,l Dublin had eecured a charter toyond Dublin toward Savannah, another charter was granted for a line to be run from Sttaunati via Dublin to Americua, both rpada m |,e owned and controlled by tho name peo ple. A certain amount of work had boon j, o9 under bothchartera when under a bill in it« city court of Chatham county the Sevan- 0 jli, Western and Dublin proporty was sold at preicr's rale. B. A. Denmark, of Savannah, bought in tho property, ostensibly with no right eicept as a lriend acting eithor for the Central or for the Savannah and Western peo- p, The Macon and Dublin was in no wise involved in this litigation, and henco pro- reeled to extend their charter from Dublin to savannah. This portion was graded by the Savannah and Western before that lino was gobbled up. This graded portion, commencing about thirteen wiles from.Savannah and comlngthia nr about forty-five miles, is in a dlroct line oftlie Macon. Dublin and Savannah railroad oov heing operated to Dublin. The Macon, Dublin and Savannah people tart to extend their road through to Savan nah. they are determined to ds so. Mr. Ptcmark snd the Central railroad receivers trill hare to show cause before Judge Speer at gamma'll on tbe 4th of Fcbuary why the Macon, Dublin and Savannah can't uae the old pa,led roadbed of thebavannannnd Westero, mining from Savannah to Amerieua via Dublin. Judge Spoer has already granted tho , rJ.-r requiring them to mako such showing. The roadbed Is lying idle in that portion of the state, with no proapects of over being ued. unless It is thus appropriated. Under the co stitution of 1877 no railroad company i permitted to own or control the property of competing lino of road, and on this ground the Macon, Dublin and Savannah people are going to fight. They aak for a valautlon to be placed upon tho property. If tho terma are satisfactory thev will pay tho receivers for the roadbed and then acquire tho right to use It. If tho price is too high the mnttor will bo ar bitrated. If the purchasers deem tbo arbi trators' price too high it may be unposted to the state courts for trial by jury, ponding which tho plaintiffs may give bond and pro ud to uso the property. Tho vordlot of tbe jurv will bo binding in that event. Another way by which the defendants in tho present proceedings may be made to either tarn loose tho property or show mate shy they hold it, is to have some citizen of each county through which tho tins extends to condemn tho property, In which case tbe matter wilt be brought Iteforo tho attorney general. But if possesalon of the property can't be obtained, or tho condemnation price Is too high, then the Mtcon, Dublin and Savannah people will simply nae their privlleg, - granted by lbs charter for a line from Dublin to knanah, aud build right along by the side S&iroadhod which ia being hold liko the bfl fielder. Wien tho Savannah, Dublin and Western hnme involved in the litigation above re- imwl to, the Macon and Dublin pooplo pnt li'ieielvea on the safe aide by procuring a sew charter from Dnbtlh to Savannah, Judging from all thia it ia safe So say that the Macon and Dublin wiU soon connect Mm n with Savannah. The partiea interested m the enterprise are men who believe In taw ing woo.1 snd saying nothing. Their road haa dime s good part by tbe section through which they run, and havo played no small f vrt in the business affairs of Mscoo. The prea-nl line from Mscoo to Dublin Is encum bered with no important indebtedness, snd is ‘xri.ing considerably above expenses. The management of the road ia considered most excellent, and no Jndgmsnt haa ever been bad against it in any of the courts, and tbe read kaa tigered in no litigation of any importance. Ih" company is encumbered in noway, snd 7he Telegraph has good reason to predict that the linn will soon be completed to Sevan- nab. I lie line rnns through one of the most im- prtant aeetions nf the state, which ia being rapidly developed with finest orchards of 1'iaciuus fruits snd most fortilo fields of grain. The rood encourages immigration hy doing a large amount of hauling for nothing and ea- l-nda no small amount of money in advortia- g its section. Tho result ia that t ie country ih-.ingh which it runs is kuown as the home at the Elbert* peaches, pears, chubs, peas, i.,,!u»rrifs. watermelons, greund-pess. rye, torn, oats, wheat, bay and all prodarts raised oaths modern farms and orchards. The action is also noted for its stock and cattle nrnia. Virgin pine timber in dense forests •1*> affords good business for the road. ' Woralnent radio i,I man are of the opinion that the Central railroad could afford to spend bill n.i libn dollars a year to throttle eom- tit n i tnrough that part of the slate, but the *»■-re of tho Macon. Dublin and Havannah twl don't proposed to be throttled. At- " ;ch they have made no effort in the past k 'quip the tine from Dublin to Savannah, S’; have kept tbe way clear and intend to do *tt tho proper time, which, ix their opinion, * ‘t hand. llighont W-rrtd’a F.s(r award for Dr. m ' « Crtum Diking Powder In Cbl- Kirwt honors anti gold medal at 'a • fornla Midwinter Fair confirm “0 I'.il.-.iar,, trhunob. THE PHILADELPHIA. Is Exerted to Reach Honolulu by Saturday Morning. o'rlagton, Jan. SI.—Th* Phlladel- "• ls ecneiluled to steam into ii'Mt— 11,111 harbor next HUturxkty morning, "hough she fa mod an «s twenty knot ’hip who could make that speed only e four bourn at a time xml with such ?? ‘‘tonnoui expenditure of coni that hunkers would he exhausted In I!!; " days. bT most direct course between toe •"n fSale and her destination ts ;. 3 “Ud her most economical ming rate for this distance, hav- her e nt capacity In mind, is fifteen ; * per Imir. Ordlnarty she would li-T ** » ten or twelve knot rate. 1 t ill undoubtedly do the best toe 1 1 flH* fillta no* mdilnh as tin* distance, which WIU be by l:, U'i’ n,n « fifteen knots hour after Pi* Vl1Vilf> Wft v rswew THU will •uaV.. w way ° rrT - Tbt * wll > s- i - !>" f to make X9 knots n day. v-.t ■ ' •<> mane mo Knots a day. Vstbec may be renfldeoCy 1 * 1 ' this searoo. I**'* miles went of Bun sh-n i. A *“”* ,k doubt trust the »or*,lenU. will drop hiw M «w»n <» Saturday next CURED AT HOME. Dr. H’ukm.iu’g Frao Home Trottmont I or Chronic Od'tnnti Announced In All the Litullnir '|Xi.wiuh The flrxt dry of Movomlwr, 1803, Dr. irjruiwn gave his consent to take cliirge of the timntmeat at 10,000 oas:‘4 of ell runic aatarrh free of charBe. Tit! a announcement was ad onco publ’sliijil in all the leading papers, when the up- plica dona came pouring in from nearly every mm to In the Union until some thing Hke 10,000 name* were on his books as regular putlcnts. TUe most of mrae patiemtri lure been discharged cui-ed. Btw.nnins with itfie flrat day of January, 1895, itre doctor has concluded to supervise Tho triattment of 10,000 more cases of chronic on,turrit. \V4tft a large number of clorks ttixl steao- mupborn no ciaetlst blm, the doctor act ually directs thofreaiimont of ouch case hy correspondence, Witch costa the pa tient nothing but the necessary ntetti- clnes, which tare Obtained ut tho near est drug Otar,\ Hi becosno a pitient It ts oniy necessary to send name a nd ad dress and describe Hym; Crane, when di rection* as bo tlieir, Rvnltury regulations and other advice will be w>nt promptly. Patient* are j'.lotnxl to ropoat progress ns often as Thoy please, Imt are ox- peat«1 to do so at lt.vtsi in one month from beginning ttv.itment. The medicine which caitoMiircs the principal port of Dr. Hartman's troat- ment for ihronlc mtnrrti is Pe-ru-na. It oun bs ohtSiineil a,t any drug storo, and js alH i a remedy wtTfiktmt equal for coughs, colds, bnutrciiltls, la grippe, con sumption', and nil climatic diseases of wittier. Pe-rtMM hus cur v .l nv/.'e cases of chronic cidirrh HiUn all oAner mtvl- Icitxw cunblucd. MMie grrot majority of those who use It buy Tito remedy themaab.ve*, ttso it ttcconlog to illrtv- llotts.- not even rcpoailng Mwlr case To I>r. Hartman until after they are en tirely curl'd. But. nnw that a limited number of roses can sxstre ithv [ee soiaal oytVi.ilor, of Dr. Ha-irmau free <x? charge, it is not Tto he wandered at. if many wll! prefer to do so. The Peruaa Drag Manufacturing Company arc sending free to any ad- dries a book on Chronic ctt.inrh which gives Tho latest treaitmcm for caiinrrti. coughs^colds, la grippe, bronchitis, and at other affections of head, Throat and lungs. AN EXHIBIT FItOM FABAOUAV. Col. Avery’s Work for the Exhibition nt At lanta. Atlanta, Ga., Jan. 21—Another foreign ex hibit and another atate exhtbit wets added to the list of the Cotton Btatoa and International Exposition today. Col, I, Vi. Avery. Com- miMioner to South American Republics, writes from Bnenna Ayres that he baa arranged with. Dr. Hector Velasques, minister of foreign affairs for Paraguay, for an exhibit here. By tbo asmo mall Preatdennt Collier received from W. G. Vincent-heller, commissioner nf mines, manufactures and agrieulturo for Ar kansas, a letter saying: “Arkansas will want considerable space, as we hope to mske a full exhibit of products of onr siate. Please let ns know bow soon you will be ready to allot ns space and how much. Wo want good space and plenty of It.’ Applications for ipacu are coming in rapidly from foreign exhibitors. Woolen goods, rot ten, machinery snd other manufactured arti cles from England will be represented, and ceramic ware, cutlery and textiles will be here from Anstria. Inquiries iront Germany inil.i-.xte a good display of textiles from that ntnr. rear, t lias recoived from It. C. I'll.!: i .-it.i;. r"1 t> ■■ <'arn.-gie a 'l- n e-.iitri'.in, i ol'Stv.i m.irlli ,d -tntctor.d steel f. r tho v.,.man's building. Application was made t.i.lsy fur a coocoa- sion lor buffalo Bill's Wild Weal 8bow ss ex. hibitod in Its ■ n'-irciy at Chiragn. Hayenbeek has ahead r signed. Tbia gives the Atlanta exposition almost everyone nf the great pri vase attractions al the world's lair.- ARMS FOR HONOLULU. Foreign Minister Haitcth Sola Sale From Ban Francisco. Son Francisco, Jan'. 21.—The steamer Australia sailed for Honolulu Uhl* morning. Among Tfite pa Mongers was F. M. iHatch, Hawaiian minister of for- etk’ti uffulns. Mr. Hatch bears with him private dispatches and haul In his cut- today n shipment of arms and ammuni tion for the government. This shipment consists of 2,000 rifle* and 100,000 rounds of ammunition. Tho arms and ammu nition urp stored where they can ho got ad ImmedltnCy tnton the Austra lia’s arrivtvl. Hie Hawaiian «or r ■- ment had Information of the plans of the royalists over a month ago. and Mr. Hatch's mission to the United States was In comical ton thereto, al though at the lime of bis arrival be deemed it wise 4n keep his knowledge a profound secret. Mr. Hatch said that Ms government hod nothing to fear from the ropallets, but the Jap anese question was n rather important one in Hawaii. “It may not be generally known." he sax id. 'Trot It Is a fact that the Japanese merchants are surely absorbing tho trad* of the Islands and acquiring a position of great commercial Impor tance. Already they are driving the Chinese merchants out nf buslniwa. It fa significant to the United States, for Japanese supremacy means the cutting off a? vsitudde trade with the Islands nnd She transfer of the dime to Japan. The commercial future of the IsViitda rest* with the United Btatew or Eng land. We are only a handful of people. Wo can lake care of ourselves If let alone, but If Japan makes demands upon us we can do nothing unless the Unit'd States or England given ua support. HAYWARD ON TRIAL. A Sensation Developed at the Begin ning of the Case. Minneapolis, Jnn. 21.—The trial of Hurry Hayward, charged with causing the death of Catharine Oiug, was be gun this morning. The court room was packed with spectators. No jurors were drawn up to a late hour today. A sensation occurred to make the pro ceedings interesting just before the noon adjournment. The famous crim inal lawyer "BUI" Erwin, who defends Hayward, showed knowledge of the movements of a Jury he as examinl.iar. even questioning language that the map and Carbon Were supposed to have ueed to the effect that he tt’arl- son) was a member of the Jury and would "Ss them,” meaning the de fendants in the cast*. Judge Smith en- grtly broke in with: "I would tike to know if all the Jury on this panel have been canvassed nnd shall make In quiries In regard to It.” Senator Smith, who assists Mr. Rr- win. arose and stated that the. qualifi cations of each juror had been looked "Well, if you have advised or have been among these Jurors to canvass their opinions In regard to this case, the court considers it contempt of court.” thundered Judge Bmtih. ••The court win go Into this matter further." he added. The court then udjoarned. BUCKLIN’* ARNICA SALVEL The best Mire In the world for cuts, brut.'*-, rores. ulcers, salt rheum, fever sorer, tetter, chapped hands chilblaini, corns, and all eruptions, snd poaltlvabr cures piles, or no pay required. it 1. cusran’ee.i to give perfect satis fas tl n or in ney r-fur.ded Pn e. :5 i,-n:i per I i I-’r by il. J. La. mar a gem. druggists. HIS MI Mil. Imim Hupei of said lui'iCO auu ailliilu Doing Able to Control tbo Strikers. TWO HUNDRED CARS BEING RUN Which Is Only One-»eveu(h of Ch her Usually In Operation—>ev Altercation! IJetue tlco »nil Former Employe*# Brooklyn. Jan. 21.—President Lewis of the Brooklyn Heights Company. Stated late this afternoon that about 143 car* were running, an incroaae of thirty-five over yesterday. He stated that they were Juat starting to run car* on the Oates avenue lino and seemed eangulne of being successful. When asked as to his satisfaction with tho protection afforded by the militia and police, he «ild he W30 fu.ly satisfied with the Protection given by the form er. When questioned closer regard ing the protection given by the police he eaid. after u pause, that he is sat isfied with the protection given by both.. President Lewis later Rave a detailed list of cars In operation as follows: Court street, thirty cars; Flathuah av enue, forty; Putnam and Halsey, for ty; Felton atreet, thirty-five; total. 145. Tho total number of cars usually" op erated by President Lewis’ system la 1,140. President Norton of tho Atlantic av enue system, stated that he had ope rated coirs as follows today: Fifth uv- enue, 28; Seventh avenue, 17; Bcrgan atreet, 12; Vanderbilt avenue. 6; total. President Wicker of the Brooklyn. Queens county and Suburban system bus eighteen cars running on the Sum ner avenue line and six on the Broad way Une. The latter were all run be tween 4 and ( p. m. In all about 230 cars were moved in the city of Brook lyn today. The number In operation before the strike was 1,900. In the 230 cars run are Included cars which did not start until after 4 p. m. and which "tapped after 6 p. ni. At 2:30 p. m. a woman named Mrs. Josephine Scigler was run over by a ear in charge of u grecr. m'otoimun' at Broadway and Hayward streets. She wax 60 yean old. She sustained a contusion of '.he hip and internal in juries. She in in a serious cjtd.lion. The mortorman was armted and lock ed up. Witnesses »ay he was totally Incapable of controlling tie car. The Seventh regiment waa under flro at a few minutes before * o'clock this evening. Shota were tl.-ed fro.n the crowd at the militia and iwveral vol leys wero fired hy the troojia over tho heads of the mob. So far as known the only man Injured was Private Kr.nki of Company H. He was wounded by a shot from tho crowd. The trcops engaged were six eompanlro of the Seventh regiment. They were under oommnnd of MtJ. Abra-ns and were guarding the streets l»adln«r l Rldgewo l 'I pot "f Gatirt lirm li of the Line SB III SOI fl IB. ♦ n»w lUol.irt., Dah/I stasAsl a.. “*** w JJbVICIUU UVUUbiiU UJ luu Supreme Court of the United States. PENNSYLVANIA IS RESPONSIBLE i« Sugar Refineries Are l»y Competent LestslMlv •and Are Amenable lo‘ —Harlan Dlusente cnarlsroit > Roilles \\ ushington, Jan. 21.—Hie important ca '“ of the United States vs. E. C. Knight Company et al. appealed from the court of appeals for the third cir cuit. involving the constitutionality and validity of the "Sherman aml-ttUHt law" in respect to tho operations of the sugar trust was decided in the su preme court of the United States to day adversely to the contentions of the government. The suit was be gun in the circuit court of the cus tom district of Pennsylvania and waa brought, In brief, to compel tho de fendant companies; the American Su gar Refining Company, the Franklin Sugar Company, the Bpreckles Bugar it.lining Company and tlie Delaware Sugar House, to cancel tho contracts by which the stocks of the last foir named corporations were sold to the American Company, through John E. Searlce, Jr., In exchange for American Company stock and that their several stocks be returned to them, on the ground that the transaction wan In violation of the act of July 2, 1890, end that it effected a combination in re straint of Inter-state commerce. The circuit court diamlnaed the bill, and the court of anaealM affirmed tnat de clalon. Thereupon the United States prosecuted Ua appeal to the supreme court »>f the United Stab-* Chief jus. tlce Fuller announced the opinion and the decision of the court. After dis- cusalng the legal meaning and effect of the term "monopoly," the opinion pro ceeded: "The fundamental question is whith er. conceding that the existence of a monoptly In manufacture la established by lilt) evidence, that monopoly cun be direct-y suppressed under tho act of congre.-a in the mole attempt by this bill." "The constitution does not provide,” the chief justice said, "that tnier-atate commerce "hall be tree, but by Ine grant of this exclusive power to regu late It, It waa left free except as con- greau might Impose restraints, rherc- f ire, K hot) been determined that the failure of congress to exercise ihla cu- du.-.lve i»»wer In any caae la an «x- priBBton of its will that the subject ahull be free from reitrktlons or Im- poKltloi r< upon It by the several states, ami If a law paaued by a state In the exercise «f 1U acknowledged powers comes Into • millet with that will, tho i-curort .in : the state cannot occupy the :>o»lti n of equal opp.cdng aov r- ■nstltutlon de and that of the ice thereof; and ■ ■ ;u i -I ,1i bl tnng to Griene A ' ar rest started ter*4'o’clock. At aoout t from the depot It wn* jureoundsd 1 a rnab. A detachment It. 111'!. • I K i the Thir teenth vestment, under MaJ. Cochrane, chaiged the mob with fixed beoroneta and the crowd scattered. August Brown reoelved a bayonet wotmd In the hip. He was taken to a neighbor ing drug store nnd waa treated there, uftcr which he went home. At 6 o'clock tonight s feed wlre wan cut on the Berg« stfeet railroad, be- fween Roffcra and N°#tMnd avi*nuos. Patrolman Ccfitina, wlhro wan riding on a oar. saw four* men run, and tmvo chase. He arrested Edward Duu.ni. wim was recognised as * motoruwu on the Sackett straw railroad. At 8:15 o'clock a mob at ov'T 1,000 men mirroumled a Oste aivenue car at Nostrand avenue. Sticks awl etonee were thrown and Shota were fired by men In the crowd. TOe rtserves from the Ninth preclnot otvrtion house hur ried to the wone. Attar some trouble ami hard fighting .In which Ithree poWkio were eerioualy Injured, the mob acht- tcred.omcer Lewis Mmk-Rnn sustained a fracture of the aku*l. Officer* Dennis Burke nnd James L. CooMhnn were In jured. but lea* serious,y. They were hit «n the head by atones, crorkerv and Other ntlsale*. thrown from houawtop*. iMto this afternoon Elmer F. Van dyke, 25 years old, of Now York, n member of the Seventh Regiment, foil ft am the Deeovtd etary «f the Forty- seventh Regiment armory, rousing a compound fracture of the aku'.l. Andy Keefe was under arrest for drunkenness nnd was placed In the temporary guardhouse, where he tried to ewovpe hy lowering himself by means of a rope made from ilia under- elortie*. The tope parted and he fell, seriously hurting himself. Notwith standing numerous outbreaks casual ties were few. The presidents of the o*r companies who announced last night that they would operate their I lima until mid night tonight began to weaken before 6 o'clock. The demand for Dr. Prtec'i Baking Powder on the Pacific const has more tlrtn doubted since It received the high est award and gold meal at tbe Cali fornia Midwinter Fair. TROOPS IN BROOKLYN. The First Brigade to Now York Hna Been Ordered to Brooklyn. New York, Jan. 21.—The first bri gade, under command of Gen. Ionia Fitzgerald, ordered to Brooklyn to supprean 1ho riots caused hy the trolley enr strike, arrived In Brooklyn early this morning. There are over 4,400 men in this brigade. The Ninth regiment raf 700 men were the first troops to ernes Hast river to Brodtlyn, leaving this city shortly after G o'clock. The tiocond regiment. <00 strong, followed slxirfy after and viy % o’clock the brigade fcsd started fr Brook. lyn. Before the First brigade waa ordered under wrnva there were nbont 3.000 troops tn the Second brigade on duty In Brooklyn. These, with the soldiers of Gen. Fitzgerald's command, either tn arm* now or who write teach ehrtr n-gimenu during tbe day, wtli, U la estimated, form an army nf between 7,000 and 8.000 men to protect the In terests of the trolley rnCwaya. HOLD RESEllvS” Wi'hlonop. J»n. Ml.—The treasury gild reserve desUnOd again tixhty, a land log at tbe close of bow new at >.1*53,117. Tha arnoaot lakfo oat it Stiff York t.-fcijr \vb* fiUO.OOV, or m-tilcti! wuh for expire. ALL DISEASES of the blood are ** r e.! r.y Ho <1\ Sars.i; .1: il... w(i:-h by Its titii.ii.ig, em PURE QLOOD. •Rlll.Vt i us pon iy repriv- such monopoly directly and Oet aside the Instruments which have created It. But this argument cannot be confined to ncccrtsarics of life merely, and must Include n l arttclm of general eensump- tion. Doubtkro the power to control the manufacture of a given thing In volves, In a certain sense. Its disposi tion. but this Is a secondary and not the primary amnse: and although the exercise of that power may rezult In bringing the operation of comenerce Into play. It dors not control It, and affects it only Inddentolly and direct ly. Commerce succeeds lo manufact ure. I* not n part of It. The new er to regulate commerce ta tha power to prescribe tbe rule by which com merce. shall be governed, or whenever the transaction itself ta a monopoly of commerce. It la vital that the Inde pendence of the commercial power and the police power and the dellmlii itlnn between them, however, soma times perplexing, should always be recogniz ed nnd efcoerved, for while *h" one furnishes the strongest bond of un ion. the other la easentlil to the pres ervation of the autonomy of the states as required by our dual form of gov ernment; and acknowledged evils, how ever emergent they may appear to he. had bettor be borne, than the fl*k be run. In the effort to aupiweae them, of more eertoua coiwequencC* by resort to cxpedlent-i of even doubtful constitu tionality. ••It auu tn the light of well rootled principle* that wben tbs net of July 2, 1890, was firmed- congrtn* did net attempt thereby Ho assert the power to il"D with monopoly directly aa such, or to limit and restriat toe rightn of coporatlcan by ehe states or the citizen* at abe states In the acquisition, con trol or disposition of property, or to regulate or exp re** the price or price# at wthicb amah property or the produot* thereof should be sold; or to make erlm- lml the sots of persons in the acquisi tion. and control of property which the elate* of their residence or oread- tloti aerationed or permitted. Aside from <fle provisions applicable where congress might exercise municipal power, at wtixt (he law struck was combination*, contracts and conspira cies to monopolize trade and wnmiero* among the several statea or with for eign nations; but the contracts and acts of the defendants tinted exclu sively to the acquisition of the Phila delphia refineries and (he business of sugar refining In Pennsylvania anil bore no direct reHtlon to commerce be- t»wn Khe states or with foreign na tions. The object was manifestly pri vate giln In the manufacture at the commodity, but nod through the control ts time that the bill aD kM -'.’git the of Inters ato or foreign commerce. It ppsludts of these refineries were sold and distributed omong the several states, mad that gU the companies Were engaged In trade or commerce with the severas sUin and with foreign na- tmt this wa* no more than to at trade nnd commerce served icture to fulfill Us function, was nothing In the proofs lo In- any intention to put u roatrnlnt trade ore >mi near e, and the fket have seen, that trade or com merce, might be Indlrertly affected was not enouarh do entitle complaint* to a dir re*. The subject matter of tbe seme arm Wasn't of manufacturing stock, and the relief sought was the surren dering of property which Sad already p-irwd nnd the aupuremlon of «he al leged monopoly In manufacture by the rertornUon of toe status quo before the transfer, yet (he not tlons: upon transfer, yet the an: of congrets >• .-"ithorited the circuit oOurts to proo-eil by way of pteventing and re- stralitoig violations of the act In re ar Intereetatc Of aiqieals did not err in ndlrmlng th.it decree. Docnv affirmed. The dissent of .Mr. Justkso IUr>n from the .iudgiment ot cog coun -was a vigorous ntyument devoted to the airnnord of r.wo mmallliuii. 1,1 ret. that the sugar trust wa# u combination In [eati-Mnt of Interstate commerci', and, therefore, unlawful; and. second, Hunt nat.onal government alone was oufficiently powerful to wuecessfully oopo with sudt ap. organization. BIG LIBEL SUIT. IV. O. MoAdoo of New York Want* Damages From the Chattanooga Time*. Chattanooga, Jan. 21 .—Notice of a auft tor 125,000 damage# ngiUnst the Chattanooga Daily Time# wa# filed to day In the circuit court of. Hamilton county by J. H. Barr. The writ la re turnable to the May term of (he count; meantime, (he dee's ration reciting the specific grounds of complaint will bo filed. W. G. MoAdoo of Now York 1# the complainant, tho suit growing out of the investigation of the chargee pre ferred by him before (he aerate com mittee against C. D. Clark, whose con firmation as Judge Key's suceesHor to (he federal Judgeship for the middle nnd eastern district of Tennessee wa# reccmaMerod. HU law partner, Mr. Barr, waa seen and stated that (he Time# had bitterly, nnd, MeAdoo al leged, maliciously maligned Ida motivea in Ws course In the Clmrk case. Tlio pubileaftfonjn the Times declirad par- tloularly libellous are a tpcclal from Washington dated January 9, from which the folowlng Is taken: "He Is reported to bo very vindictive and extreme, claiming '(hat his packers will spend 910,000 on the case if neces sary. He Characterizes the 'hearing by J ii 1grs Lurton and Key a farce nnd n crooked decision; that he and this peo ple were .not allowed a fair hearing." January 11 the Time# said editorially: "Mr. William MoAdoo'^ latest exploit mdtoatcfl to u# that tho young man has cost hi# grip on hts mental equip ment. The man must either be ct fool or orazy wlho asserts that a deliberate decision by Judges Lurton and Key Is a crooked' thing. He must be one or spend 810,000 "fighting the l«me of Judge dirk's commission.' Does this poor fellow mean that? 1IU people proposo to bribe (ho nenate judiciary committee? His i.mguage imports sa much." The Objectionable special was reed in court last week. Judge Key on the he.r.Oh, by Barr, who denied Its state ments emphatically. MoAdoo wind Ms partner lust Saturday 10 prepare ''h# papers acid to see Chat (hey be record ed. He Is quoted 'here as faying In an Intervkhv: ■*D.x> reports. in the Olrttttanoogn Times and Nashville American, ortarg, Ing me with raying (hat (he opinion rendered by Judges Key and Lnrtou regarding Judtge Clark mis corrupt and crooked are false and ware Invented to prejudice the sentnte committee. The Chattanooga Times' state>tnanit chat my ■backers would spend 810,009 to detent Judge Ciarke 4s so ridlculotmly fa se that n thirdly needs a denial. The Times articles toudhtog 'this question have been a eerie# of falsehoods n> far aa they purport to report my nr.tltude. BIO FAILURE AT BINGHAJ1TON. fnvjrds With llio I’olice Commls in lTsoi Aliautti TRE COMMISSION MAY FIRE AKA) Hobo & Sons File a Deed of Assign- t ment of All Their Pporerty. Binghamton, N. Y„ Jan. 21.—State Bank Examiner Clark, who. for aev- ernl day* past, has been examining the book* of tin* Mechanics’ bank < f thin city, ordered the do-ors of tb it lmu- tutlon closod at noon today. The um- Mont of tho bank U K .1 -t i. j;., ^ , i J>'.' « I" ' l I'.. ;. 1 .Mint : . ok net! .', fully ".t-' ! a- 1 .»sextant ... i- clrtnir 1 ink soon nugimented by tho announcenit'nt that the private hank of EnuRti* Hum St Bona, had temporarily auspeudod payment, pending an invcetljritlon of Its affairs. In condderation of the gum, 11, Rim A Sons have given a general mortgage on two blocks owned by them for 810,- 000 to the Merchants' bank to eccurs their Indebtedness. At 12:33 p. nt. all the membea of the Itoau family made a genera! alignment to Senator Ed mond O'Connor. It In believed that the depositors of the Merchants' hank will be paid In full. The private hank of Rosa A rtone today returned all deposits made this momins. It I# claimed that tha tii'i- eern Is In no wny Involved. The Rem family Is one of the wealth iest nnd most prominent In tbil city nnd own much valunblo property in this city and vicinity. FATALLY INJURED. A Falling fiauffokllng ta Chicago In- Juros Eight rertple. Ohleago. Jan. 21.—A large section of sroffolillng surrounding (he Imp mo- rles of toe Fort Dcaffborn bu hllng, n twelve-story structure in course of erection at the corner of Clarke and fifonrov streets, was blown serous the street by a violent gust of wind this morning, srrtxaMnc toe ptete gloss win- ilowk of « number of wtores and injur ing elgbt pedestrians, one of chum, II. H. Erwin, agent for the Bundy Auto matic time recorder, fatally. Mr. Er win’s skull waa fractured and he was «.!« • Intornully Injured. Ho was taken to the county ‘hospital. The Injuries at tho other seven aare not serious. Sweet an n fresh out flower Is Jhe food prepared wkh Dr. ITIces Cream Bak ing Powder. NO DECISION RENDERED. Philadelphia. Pa.. Jtn. Jl.-Zack Ererliardl, rf New Orleans, snd Owen Zeigler. of Phlls- delphla. met In a four round bout at the Winter Cirrus building tonight. The fight was eompxratiraly tame. Both mrn seemed lo hav* a wholsaomo reaped for the other’s punching abilities, and for the Aral three round* thev spent mors time in hanging sronnd each other's neck than fighting, with Everbardl having a shade the heal of It in tha last round. Zslgier got In aims stiff punches, lml neither man waa in any distress shea time was called. No decision waa rendered. FIRE AT FLORENCE. Florence, Ala.. Jan. it The American Hotel, a largo brick building horned at 2 o'clock this morning. A number of guests ia tbe house Inst 'heir personal effect* lml no live* were toil. Home o'the gneeu hail to be dragged from the building. The fire is be lieved to have been of tncendary origin. Thia Is tbs third time in leg year* disastrous file hare ocenred on the same premises. Employment Granted to a Camp to Hon I born (tenalgia. Atlanta. Jan. *1.—(Special.)—Peni- tentinry Camp No. 2-Was granted per- mkfdon today to employ Its convicts In building the Hqwktmsvllle Bouthern rallrouj in Worth county and a branch ramp authorized on the line of toe Georgia Southern and Florida 40 prune, cute tfihi work. OH. WHAT A COUGH. Will you beed the warning? Tha signal, perhaps, of tbe sura approach of that more terrible disease, consump tion. Ask yourself If you can afford for tire asks of saving SO cento ran the risk and do nothing for It. Wo know from cxparlnoco that Shiloh’s Cur* will cure your cough. It never falls. Thli explains why more than a million bot tle* were sold tha paat year. It re lieve* croup and whooping cough at ones. Motl -a. do not be without It. For lame back, aids or rheat. us* Shi loh's Porous Plasters. Hold by Good- wyn A Em :: Dro.- C-mpsay. corntr Cherry street ar.i Cotton avenux. y Do, the (ounell Is Not In An] y to Ulemr, and the Fight Is Itesnrftvrt as a Do"-FaI 1 of tli<q investigating ISortles. Atlanta, Jan. 21.—(Special.)—'ThocUy council anil tho board of podteo oom- nilaedoners bad a dbs fall of It this af ternoon In 'their fight over the diatgas against the datiiaotlres and the conmn- plaied Invosllgailmi of ^be police d& pUKOMgtL The ootindl oommirtoe, it mill be re- membored, reetimmonded, In Its report exoaonatflug Oapt. Rtkeg, clerk of the police court, ihjt tbo urjj-or appoint auither committee no lnvrottgxtio the police dcTuranant. The .police commis sion refused ito acknowledge tbe right of tlbie council to iMmliuit un Inveigltri- tion over its liead, and defying that body, announced Stag It would take tho :nruat!{htion Into Itn own (hands, rile rupture btinviien' itito nominlstslon and the council, tuhlorl to itlnn other ehlrg'is of “poIlUcB" in the Invetstig.i. tlon, rnado tho outlook for tfflio council meeting this ofltionuxm rtrher squally. The council was about equally divided, one *:do supporting the mayor, who is put forward ns the cbtiuipion of tbe In- vcsHfflxtlon, and -the oUhor upholding the police cam,minion. Amter a tong wrangle the rttpont of the council com ™**4 eronan.tl.lng Biker and cilllns upon the m'jyor to appoint another committee, wa.* adopted, hut a subse- quetrt rosolutlon carrying into effect tbe council'll action in accepting 3he re- I>ort by .xuthorlzlng he mjyor :o sp- Iiolnt 'toe now comaUt tee and begin tho turning on of light* wjs killed. Aa the nuiter now stands tbo police commission con go ahrotl and '.uvestt- ftato tho dopirunent on its own hook with the tlire.it of the council hanging over -their fauids that If they don't di It thoronglily they'll bo invee-criuvl thomsa.rtw. A .culinary poem, a household tri une* food cooked with Dr. IVice'a reun Baking Powder. KRIMAfETT A CRANK. He DM Not IniUJc Governor Atkin son’* Office Yesterday. Atlanta, Jnn. 21.—(ttpMlal.)—Mr. F Krlminel!. the New York banker an immigrant agent. Who thlnlm ltls fin ' I'•••■ii,') i ii' :.il In \Y .It ... t 1, tw publicity given ito lila 1st tor -1 on. It Georgia at tit piThead*tivto too w* ato btektr. end so notified the writer when, be dermnded s return of thetiovel doo- ument. Mr. Krimmett oonshlerrel that his house had been treated with contempt by tfv* trade (if Georgia and (hat was what rufftod his feeling*. It Is underatooil from MaJ. Charles . Hubner, to Who Mr. Krimmett first wont for nitlsflactl'm. on Kitunl.ty, that the govranor referred to rhr New Torker’aproposition aa a "curiosity” In his letter to (hem and regiiMetl It as toe emanation of some crxnk'o bi'iiti. MEDICAL EXAMINERS. The Governor HM to Nominate Sosno New Examlnm. 'Atlanta, Jan. 21.—(BpednlA-Th* state board isf medical exxmlners will hold toclr first mealing at toe ropttol tomorrow morning. It t* not known wbo are being considered for the presi dency of the oilier two boards, but It Is understood tout Dr. F. il. Rlilley nf La Grange will be made president or (h* mtiopnnhlc bou~d. Governor Atkinson bail to fill another vacancy on tbe bomrapathlc b ,anl nf rocdlcil examiners, caused by the decli nation Of toe first appointee, today This, -whlrih Is (he (hind, was Dr. Geiger of Oofiib county He baa aban doned homeopathy, nnd the governor named Dr. Hertman of Atlanta in his piice. A RETIRED BUSINESS WOMAN. A Page From Her History. Th© I i>.jr irit cxpcrlorm© of oth« r- ar* r. •.16 Oil account Of rny i,.-,lih. a i.i,., uitoldtaTKndatljAlfrnuid not ifjia month. My f.-t lhnhsw. ro fi.nily swol- i * VMS I '■ ' I In it rio.,-4 * •• « " • re '■ -I n 1 y . • I»r MU. N» v» H. ,r' . i, r* h , , ■ ,l.-r. wl... ha.l t- •,m...|...| witt, h. ,rr ,1 • y < '. ur *i' 1 i" y ,h " rotnvily. snd » <»!•' •.rei.ir.": ■: , • - »i..iV«", r w,'wm'm‘ h ,V ■' . \S II irrl l»r. Mil. b- . Ill- r’^ai' 2 : ' fiw’v t:»U t asa.erwus tiru^i. a.