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TWICEA-WEEK TELEGRAPH
WEATHER FORECAST FOR GEORGIA—FAIR TUESDAY AND WEDNESDAY; COLDER WEDNESDAY IN NORTH PORTION; LIGHT SOUTHWEST WINDS.
ESTABLISHED IN 1826.
MACON, GA., TUESDAY MORNING, JANUARY 8, 1907.
TWICE-A-WEEK, $1.00 A YEAR.
DID BROWNSVILLE MEN
“SHOOT UP" THEIR TOWN?
WASHINGTON
Roosevelt*!
trOOjiS Wa
tf-m.o;: in
ml
it i
iCTf
pojr
in\
Jan. 7.—President
al of the negro
i the subject of con
nate to.i.iy, and indl-
protrai ted debate be
er. :;ng re.. .11 i"r,s on
oted on. .The galler-
8 were crowded,
listened to with
jy an unusually 1
Senator L
Of the quel
id
the
irge
TRAINMEN WANT RAISE
ON SOUTHERN RAILWAY
closest attention r
/lumber of S< nat
developed a new ;
by presenting a resolution providing
nn Investigation of the 'SalTray" at
Brownsville, ai.d by silence <• oni edlng
the authority of the President to the
action he did. The resolution was sup
ported by Mr. Lodge in nn ad Iress and
opposed by Mr. Foraker, who tdttoWBQL
and -poke until 5.30 o'clock, giving' no-
WASHINGTON, Jan.' 7.—No definite
decision v. i? reached at the conference
between officials of the Southern Rail
way and the conductors and trainmen
which /was In progress for several
days/' The men asked for an increase
MUNICIPAL
IE
>£. 'wag.
ind the
would conclude t
morrow. .Mr. Lodge said In l^art: 1
The Question of Fact.
are hero involved
.and a question
irely distinct. Th
ed separately, and I w<
permitted to cloud j in
ther in the public j on
on of fact may be 1 pe
"Two f|L
B quest i n
ia»'. They
oughvto
ii'AtW sh
or obscuri
mind. Th
s ated in thi: way: There was a
ijiootting in the streets of Brownsville
on. the night of August 13. 1907.
Houses were fired into, one man was
killed and the lieutenant of police had
his horse shot under him. and was so
severely wounded In the arm that am
putation was necessary. These facts
are not disputed by any one. The
President. Secretary of War and the
officers of the army detailed to inquire
Into the affair have decided that the
shooting was done by the soldiers from
Port Brown, and furnished testimony
. to sustain ihelr opinion. The Consti-
i- futional League, representing the sol
diers. deny that the shooting was done
by them, and assert that ’.t was done
by the citizens of Brownsville, dis
guised in the cast-off uniforms of the
troops and provided with exploded
shells from the government ranges,
who committed this outrage for the
purpose of casting odium on the troops
of Fort Brown. One of these two
propositions must be proved, for gen
eral negations are of no use here. It
will he then the duty of the committee
under this resolution to take all pos
sible testimony and decide whether
this shooting was done by the soldiers
or by the citizens of Brownsville. This
is the question of fact.
The Question of Law.
"The qu
iucteu ;
ind th
n the ti
Flnem
ATLANTA, Jan. 7.—The City Coun
cil of 1906 held its last session this
afternoon and tonight the affairs of the
municipal government changed hands,
Mayor Woodward retiring from office
to be succeeded by Mayor W. R.
Joiner.
At the afternoon session the veto of
the Mayor of the ordinance increasing
the license to sc-il liquor at retail from
SI,000 to S2.000 was overruled by an
unanimous vote of the Council, with
the exception of Councilman Elli- C .
Council then adopted an amendment
to the ordinance, striking out the pro
vision that hereafter the number of
licenses granted in Atlanta shall be re
stricted to one for every 1,500 in pop
ulation, and also requiring the owners
of saloons to make an affidavit as to
who owns the place and who are in
terested in the business. The purpose
of this latter amendment is to prevent,
- =r-=-——r--.--- = ] if possible, the wholesale dealers of the
, ' citv owning ai»d controlling all of the
R seems a waste of words to any one ; saIoons in Atlanta.
who has read the statutes to argue it. 'pv le new members of the general
at all. | council who come into the control of
Foraker in Reply. (he city affairs with Mavor Jovner are
Mr. Foraker replied vigorously to Mr. Alderman A. L. Cuitis. H. M. Feuteii.
Lodge 3 speech.^taking issuo mtn !, e Couneilmen* AC S. Baskin, Press Hud-
Massachusetts senator on bot' 1 the dleston. Wheeler Mangum. B. E. Pearce,
points as to law and fact. He declar- j H . styron, John V.*. Grant, T. G.
ed that there is no autocratic and un- . Longino and C. E. Harman,
restrained power in this country. Not 1 tonight's meeting retiring Mayor
even in the commander-in-chief of tne j woodward made his farewell address
! ar.d Mayor Joyner began his term as
Mayor.
DISSENTING
BIRMINGHAM SELECTED
FOR A NEW SUB-TREASURY
f from 10 to 20 per cent
ljustment of some minor
The conference was con- I
1 perfectly friendly spirit, <
various questions were ,
er so far as was possible i
consumed.
y, a decision was reached '
:o defer a definite determination of the :
questions until a subsequent time, as
loth the members and the officials ,
•vere needed at theirl several stations,
week or ten day.-, another co:.f, r-
will be held, at which it Is ex- |
olution of the problems pre- j
sented will be reached.
army.
Mr. Foraker contended that the pow
er of the President must be deduced
from the Constitution of the United
States. The power the President de
rived from Congress was his legal pow
er. It was not necessary, he said, to
go to the British precedents to ascer
tain this power, as the Supreme Court
of the United States had spoken on
the subject many times, and always
had said simply it was the President's
power to "command.”
Mr. Foraker emphasized his position
that if Congress had spoken on any sub
ject relative to army regulations, there
was no room for the exercise of any
power to the contrary on the part of
the President. On matters of regula
tion on which Congress had not spoken,
the Constitution gave the .President
CORTELYOO RETIRES
tion of law is whether the power to make necessary regulations.
President in dismissing these compa- ' Mr. Foraker maintained that the offi
Hies without honor exceeded his pow- j rials of the War Department and JDe
ers under the law and the constitution
This question can be settled bv the
Senate just as well now, and T think
better than at any other time, without
the least regard for the committee's
decision as to the question of fact. It
is purely a question of law. and I think
it ought to be detached from the ques
tion of fact and settled at once, be
cause I think that the confusion of’the
one quest! n with another has already
done harm, tends toward injustice, and
will create great delay and prevent
prompt action. The constitution makes
the President commander-in-chief of
the army and navy of the United
States, and Congress is given authority
to make rules for the government .and
regulation of land and naval forces.
In the fifth amendment of the consti
tution the land and naval forces are
excepted front the rights guaranteed
to all persons who are held to answer
for a capital or otherwise infamous
crime. It appears, therefore, that sol
diers and sailors were recognized as
being subject to a law different from
that administered in the civil courts.
Tn making the President commander-
in-chief. the constitution conferred
anon him all the power and authority
ordinarily exercised by the comman- ! testimony there,
military law of
WASHINGTON. Jan. 7.—George B.
Cortelyou today announced his retire
ment as chairman of the Republican
National Committee. Hon. Harry S.
New, vice-chairman, will become act
ing chairman of the committee. For
many months it has been understood
by those in touch with Postmaster-
General Cortelyou that he proposed to
retire, at a convenient time, from the
partment of Justice had estopped I chairmanship of the national commit-
tbemselves from denying that the af- I tee. It is also known that the Presi-
frav at Brownsville was a case cor- | dent has referred to Mr. Cortelyou
ered by the articles of war by the or- ' many matters involving politics, and it !
der that was given to the commander | was believed that as chairman of the
ATLANTA, Jan. 7.—The reading of
Associate Justice Russell's dissenting
opinion in the Court of Appeals today,
as to the manner in which the presid
ing judge of that court was selected,
attracted a good deal of attention, and
for this reason the opinion in full is
given in The Telegraph:
My opposition to the adoption of the
above rule is twofold.- In the first
place this court cannot exercise legisla
tive functions and create an office not
contemplated in the net constituting^
the Court of Appeals. iThe act in sec
tion 3 says specifically Jihat the officers
shall be a clerk and in sheriff. The
court is delegated no further power on
that subject. i
The Legislature hndj the power to
create such an officej.is a presiding
judge or it may do so ui future. It did
not exercise that creative power which
is exclusively its own, and not a pre
rogative of this court.
The legislative intent that all jus
tices should be equal is clear.’ But if
it be said that the necessity for a pre
siding judge is so urgent, that author
ity to create one must be presumed as
among the implied powers of this court,
then in my opinion it is the duty of
this court to follow the manner pointed
out by the Legislature in determining
the choice of terms for two, four and
six years, namely, by lot.
This was the legislative suggestion
as to the determination of the only dis-
WAS VALID
WASHINGTON, Jan. 7.—That the
action of the Secretary of the Treas
ury in paying out 550.000,000 on ac
count of the purchase of the Panama
canal property to the new Panama
Canal Company of France, as directed
by the act of Congress of 1902, was
valid and regular, was officially decid
ed today by the Supreme Court of the
United States. The decision was an
nounced by Justice Brewer and wa:
JMESE10 INVADE
UNCLE SAM'S DOM
WASHINGTON. Jan. 7.—Reliable infor
mation has been received here of a pros
pective influx of over 2.000 Japanese into
the United States from Mexico. The ex
act number is given at 2.1S2. some of
whom have arrived and others are ex
pected to arrive at Mazatlan. Mexico.
They were given free transportation from
Japan, and were to be employed in tho
development of important interests in
Mexico. Those who have arrived hepe
become dissatisfied and already some
handed down in the case of Warren | have started for the Mexican border, l’ho
others • n route from Japan are expected
mentally
B. Wilson against Secretary Shaw. The
case was in the nature of an injunc
tion suit by Air. Wilson to restrain
the payment of the money, and it
originated in the local courts of the
District of Columbia before the money
had been paid.
The decision of both the District
Supreme Court and the District Court
of Appeals was unfavorable to Air.
Wilson’s contention that the action of
Congress was unconstitutional, hut
neither these decisions nor the fact
that the Secretary had made the pay
ment as directed, was sufficient to de
ter Mr. Wilson, who is a lawyer and a
property holder residing in Chicago.
He argued his own case before all the
courts, and when he appeared before
the Supreme Court he held the atten
tion of that tribunal for two hours
In his opinion Justice Brewer said the
United States government has domin
ion and control over the canal zone
end therefore has authority to appro
illow. If they are sound
and physically, and the other require
ments of the immigration laws are met.
there is nothing to prevent them from
entering the United States. Japanese em
igration to the Ha'waiian Islands during
the past IS months aggregated 16.749. a
large portion of whom subsequently came
to the mainland of the United States.
HAY WANTS INVESTIGATION
OF ROBT. FREEMAN'S DEATH
tinction it contemplated. It is so sug- prlate money to construct a canal
gestive of harmony and fairness as to
bo worthy of imitation. I deny that
any decision or statute of Georgia af
fords a precedent for the construction
tliat the oldest in years means oldest
in commission, or vice versa.
The rule proposed is, therefore, purely
arbitrary, one in which the proposed
presiding judge, though unnamed, is
fully identified.
Should I participate at all, (in what
1 deem myself unauthorized by law) in
the creation of the new office I am
constrained to say. without the least
disparagement of the eminent qualifi
cations of either of my distinguished
brethren, that I have never as
HAWAY TEAM KILLS
CHILD, HURTS DINERS
NEW YORK. Jan. 7.—A runaway
team dashed into a crowded street at
a crossing tonight, killing a baby in
shed its carriage, and. so injuring the child’s
yet ' mother and three other children that
WASHINGTON. .Tan. 7.—Representa
tive Hay, of Virginia, introduced a res
olution in the House today seeking in
formation concerning the death of Rob
ert Vance Freeman, a former member
of Dr. Harvey W. Wiley's "poison
squad." The resolution asks that Sec
retary Wilson be requested to advise
Congress under what authority the De
partment of Agriculture conducted ex
periments with borax and to state what
was the effect of tests with preserva
tives upon Air. Freeman.
of the Department of Texas to prefer ! national committee he was in better
charges and specifications against all position to handle them than he would
members of the companies involved, be as simply a member of the cabinet.
The Senator had procured copies of the j As these questions now have been
charges and he then placed them on j cleared up. Mr. Cortelyou embraces the
the record. Air. Foraker challenged 1 opportunity to retire from the commit-
any one to show a single precedent for i tee chairmanship. It can be said that
the action taken: to show one single i Mr. Cortelyou never has had any in
instance where a man has been dis- I tention of retaining the chairmanship
charged from the army without honor. | longer than was absolutely necessary
when that man has been charged with 1 to conclude the Work which the Presi-
given my consent.
Being arbitrary and personal it must
be considered and operated upon by
rules other than the rules of law. To
any doctrine which gauges the peculiar
i fitness of any individual for office hold-
1 ing by his age or youth.
I The achievements and services of our
young men are perhaps the pre-emi
nent glories of American history.
Long life sometimes brings wisdom,
but not always knowledge.
they can hardly survive.
As the driverless team, drawing a
heavy truck, turned into the avenue
Mrs. A^innie Klappel, pushing a car
riage tfccupied by her 16-months-old
boy. Sidney, and with another son,
Harry, aged four, and a daughter, MH-
lie, six years of age, on either side,
started for the street curb. With them
GEORGE NOT MURDERED,
BUT COMMITTED SUICIDE
BLUEFIELDS. W. Va., Jan. 7.—The
finding of a watch in tile creek and pa
pers on the bank, and a bloody knife
in the pocket of T. E. George, whose
mysterious death was thought to be a
case of murder, is beyond doubt that
he committed suicide. Chief of Police
Newkirk, of this city, who took his
trackhounds to the scene, * made a
thorough investigation and is confident
there is nothing in the murder theory.
Air. George was clerk of Tazewell
County for twenty-six years and was
of a prominent and wealthy family.
MADAME OUCHAKOFF
IS IN DIRE POVERTY
crime and where he protested against
so being discharged.
Is President Above Law?
"Is the President of the United
States over and above the law? Can
he ignore it?”
Air Foraker developed his argument
and gave court rulings to show it to be
the birthright of every American citi
zen to be allowed trial when he was
charged with crime.
Air. Culberson offered an . amendment
to the resolution, which Senator Fora
ker accepted, authorizing the military
committee to visit Brownsville and
T-ln-chief under th
the times.
■•The principles of the ‘mutiny art
tnd :hc articles or war adopted by
England were in the main adopted by
os at the time of the revolution and
may be found embodied In the articles
of wa which are now a statute of the
United States. The commander-in
ch lef has as much the right inherent
In bis office to punish er discharge,
except so far as it Is limited or regu
lated by the law-making power which
has enacted the articles of war.
Power of Dismissal.
"There can be no doubt whatever
that the power' of summary dismissal
mas inl’.erent in the office of ccmman-
der-in-chief when the President \vas in
vested by :be Constitution with the of
fice and there hr.s never been any at
tempt on the part of Congress to pre
vent or interfere with the exercise of
this authority. The power of summary
.dismissal must res: where it. has al
ways rested, with th^ 1 ighest military
authoritv in the country. It is impos
sible to conceive of maintaining an
army on an., other principle. If a sol
dier cann-'t be separated from the ser-
\ ice except bv being convicted of crime
on evidence which would satisfy a jury
in the civil courts, there is no possi-
bility of maintaining military disci
pline The power to dismiss or termi
nate the contract
lately essential te
nh army. In fact, the principle runs
through all business and society.
-The law. the constitution, the stat
utes and .he uniform practices are so
clear as to the right of the President to
terminate the contract of enlistment
ami discharge soldiers at pleasure that
Just as Air. Foraker was concluding,
because of the lateness of the hour, he
saying he should endeavor to finish his
speech in a brief time tomorrow. Air.
Tillman said he would like to hear
from the Senator just why it was that
the Sixtieth Ohio had been “picked
out.” “What was the matter? What
was the motive? What Is the animus?”
"Mr. President.” respodnde Air. For
aker. “I am not obliged to tell the Sen
ator everything I know, and I know the
Senator knows why.”
There was a burst of laughter at this
reply.
Mr. Tillman asked if Air. Foraker
was not a member of the regiment.
Air. Foraker explained that it had
been erroneously stated that he was,
hu: that In reality the Eighty-ninth
Ohio was the only regiment to which
he had ever belonged.
“Perhaps somebody at the War De
partment may have thought the Sena
tor got into the regiment,” persisted
Air. Tillman.
“I don't know that the War Depart
ment thought of that,” was the an
swer, “but possibly somebody at the
War Department or some other place
remembered that the Senator from
Ohio lited in Ohio."
Previous to the debate on the Fora
ker resolution, the Senate listened to a
two-hour address on the Japanese
question by Senator Gearin, who
istmrr.: is abso- argued for a resolution directing the
maintenance of I opening of negotiations with Japan for
a revision of our treaty with that coun
try.
dent and he had in mind.
SAURIES DF NEERO
COMPANY EXCESSIVE
WASHINGTON, Jan. 7.—The mem-
bres of the Government Board of the
Jamestown Exposition had a confer
ence today with the negro develop
ment and exposition company, which
has charge of the negro exhibit at the
exposition. A report from Giles Jack-
son. of Richmond, president of the
negro company, previously submitted,
was discussed. The showing made was
n->t satisfactory to the Government
Board. The salaries paid to some of
the officers of the negro company were
though: to be excessive and the man- j
agement of the exposition affairs by •
the company was no: altogether satis- i
factory. A proposition looking to the
partial reorganization of the negro
company was discussed, but no action
taken. It is likely that two additional
members of the company will be des
ignated by the Government Board. The
additional members, it is said, have
had experience in exposition matters,
hnd nothing is to be done by the com
pany without the approval of the two
members who in a way are to repre
sent the Government Board. It is un
derstood the matter will be taken up
at the cabinet meeting tomorrow.
GOVERNOR TERRELL
OFFERS $100 REWARD
ATLANTA. Jan. 7.—Governor Ter
rell today offered a reward of $100 for
the arrest and delivery to the Sheriff
of Jackson County of John Gober, who
is wanted to answer the charge of the
murder of Cleveland Sailus in - that
county on December 25th. 1906.
MARSHAL GARTER
OF RICHLAND, KILLED
AMERICUS. Ga.. Jan. 7.—Town Mar-
shal Carter, of Richland, near Americus.
was shot and instahtly killed this morn
ing by an unknown negro, whose arrest
he attempted. The negro was in the
waiting room of the Seaboard depot, and
when Marshal Carter approached him.
drew a pistol and shot the officer dead.
The Americus authorities have been called
upon for dogs to chase the murderer, who
made his escape. Marshal Carter was a
good officer and leaves a family.
RAID UPON CHINESE
JOINT IN SAVANNAH
SAVANNAH, Ga., Jan. 7.—A raid
was made this afternoon by the police
upon an opium Joint that was in full
blast at No. 240 State street, east. In
the basement. Six Chinamen were
taken in the haul, and all were landed
in the barracks. Four others had been
in the place; but gained an inkling of
the prospective raid and made their
exit in time to avoid arrest. .
The Chinese proprietor had secured
the basement only on Saturday last,
promising to pay rent by doing the
landlady’s laundry. She was informed
that a hop joint had been set up and
was remonstrating with the Chine'se
when the police arrived.
Several months ago a similar joint
was pulled in Savannah, and it was
thought that the practice had been
broken up.
Alcohol Lamp
Started the Blaze
were Frank Soljn. aged 3. and Frederick
.Leachman. 7 years old. The woman
May Have Macklin's Assailant.
OKLAHOMA. Okla.. Jan. 7.—A tele
phone message from the Sheriff's office
at El Reno today reported that a ne
gro soldier of Company A, Twenty-fifth
Infantry, is now under arrest at Fort
Reno, charged with the assault on Capt.
Edgar A. Macklin on December 21. Major
Penrose, at Fort Reno, refuses to confirm
the report.
MILITARY APPROPRIATION
BILL CARRIES $73,000,000
:rman
mili-
llitary
WASHINGTON. Jan. 7.—C
Hull of the House committee
tary affairs today reported the
appropriation bill. In round naxbij.
the bill carries S73.CP0.O00. which is a
reduction of about $6,000,000 in the
estimate submitted by the V.'ar De
partment. The bill carries about $2.-
000.000 more than the appropriation
made at the last session of Congress.
THE GOULD BROTHERS
ARRIVE IN NEW ORLEANS
NEW ORLEANS. Jan. 7.—George J.
Gould and his brother, Howard, ac
companied by General Manager
Thorne, of the Texas and Pacific Rail
way Company. ar.,i G. W. Addis, su
perintendent of the Gould system, ar-
rinved here today on a tour inspec
tion. They probably will leave here
tonight or tomorrow.
COUNCIL BLUFFS, la., Jan. 7.—
Louis Delario, clerk of the House
j committee on irrigation, was killed
I and three persons were injured early
Sunday by a fire in a sleeping car at
tached' to the eastbound Los Angeles
limited train on the Chicago and
Northwestern Railroad.
The injured were O. H. Johnson,
Salt Lake City, slight burns on neck
and head.
Henry Cabrow, Salt Lake City, right
wrist cut by glass.
Mrs. B. Higgins, Carbondale, Pa.,
suffered from exposure.
The Northwestern train had got
within a mile of Loveland, Iowa, when
passengers in the Pullman car Red-
field were aroused by smoke. The
origin of the fire could not be determ
ined. but it had undoubtedly been
smouldering for some time, as the car
war filled with dense smoke, which
suffocated the passengers.
Louis DeLairo, aged 22 years, who
was returning from his home in Lara
mie. Wyoming, to Washr.igton, was
dead when found. The fire had start
ed in or near his berth, and the flames
had reached his body, almost denud
ing it and causing some disfiguration.
DeLario's Washington address is 1101
K street, northwest. The passengers
in the burning car lost nearly all the
ersonal effects they had with them,
most of them escaping in their sleep
ing clothing.
The fire is said by the conductor and
several pa iser.gers to have originated
apparently in one of the berths. One
theory is that it started in a berth oc
cupied by a woman who had been
using an alcohol lamp to heat milk for
her baby. The car was considerably
damaged.
SAVANNAH, Ga.. Jan. 7.—With both
sides making strenuous claims to the
victory. Savannah's municipal cam
paign draws to its close after a brief,
though heated period of vote canvass
ing.
George W. Tiedentan is the candidate
for Mayor of the People's Democratic
League, which won the county elec
tion last June, ousting the Citizens'
Club, after the latter had enjoyed
years of undisputed sway.
William Garrard is the Mayoralty
candidate of the combination effected
by the Citizens’ Club and the People’s
League, the latter being a split from
the People's Democratic League, head
ed by Jacob S. Collins.
Odds are offered on the success of
Tiedeman and his Aldermanic ticket,
the betting being at 4 to 1. There are
few takers of the Garrard end.
Mayor Herman Myers threatens to
arrest and prosecute vigorously any
who may be apprehended in efforts to
buy or sell votes. Secret police have
been sworn in to prevent this practice.
If it is prevented
time in many ears that a contested
Savannah election has not seen votes
purchased in liberal numbers.
LONDON. Jan. 7.—Tho Daily Mail’s
correspondent at Melbourne says tliat
Lieut. Gabriel Essipoff and Madame
Oueliakoff, wife of Gen. Ouchakoff. of the
Russian army, who elopso.l last year and
_ _ were followed to the United States and
saw"their peri1 and made a frantic ef- | back to Europe by Gen. Oueliakoff are
fort to get her children back to the j p&dgrf m
curb. Only Millie escaped. The bat>> money. Madam" Ouchakqtr Is seeking
was crushed to death, while Mrs. Klap- ! tmrloymn*. as a domestic, while the lieu-
pel and the other three children were tenant complains of lno. "i comforts and
trampled upon and frightfully injured, talks of committing suicide. Madame
in each case internal wounds being Ouchakoff. the correspondent contmupes.
111 vetun ‘“ VD * ***** ! offers to agree to a divorce and to sur-
probably serious enough to j:au^e render her right to a fortune of $250,000.
death. " ; which will be hers on the death of her
Alexander Taggert, the driver, who is : mother She would then marry
allowed to have left his horses in the Lieut. Esisihpoff.
" - — ■ Te Dailv Mail's correspondent at St.
Petersburg says that Gen. Ouchafloff was
street,-was arrested. He was charged .
with homicide after he had been drag
ged through a threatening crowd to a
police station. •
no SHOT MACK1IH
MAY BE PDISDHED
at the Harskoe-Selo Saturday.
WASHINGTON, Jan. 7.—Birming
ham. Ala., was selected as the location
for a new sub-treasury by a caucus of
Southern Senators and Representa
tives at the Capital today. Columbia,
S. C., and Birmingham were the only*
cities voted upon at the rinal ballot
and the Alabama ci;y won by a vote
of 17 to 16. The Georgia delegation
bolted the caucus and neither Atlanta
nor Savannah were voted upon by the
caucus, which was attended by Repre
sentatives of the delegations from
Florida, South Carolina, Alabama and
Tennessee.
Representative Moon, of Tennessee,
first called the caucus to order at 3
o’clock, when nearly fifty Senators and
Representatives were present. Repre
sentative Livings'', on, Senator Clay,
Representative Adamson and other
Georgians immediately made it known
that they did not wish to be bound by
any action taken by the caucuses, and
urged that no effort be made to decide
the exact city in wl/lch the Southern
Representatives desired the sub-treas
ury located. They also stated that
Georgia was not ready to decide how
it would cast its vote, and intimated
that they would leave the meeting in
case their wish was opposed. It soon
became apparent that Alabama, South
Carolina and Tennessee were ready to
act, but after much debating the meet
ing adjourned until 5 o'clock.
Georgians Met in Caucus.
The Georgia representation did not
appear at the adjourned meeting, and
the only names presented to the cau
cus were Memphis. Birmingham, Nash
ville. Columbia and Chattanooga. Ala
bama voted unbrokenly for Birming
ham on all ballots and South Carolina
was faithful to Columbia. The Ten
nessee delegation voted for Memphis,
Nashville and Chattanooga in turn and
then divided its vote between Colum
bia and Birmingham, thus giving the
Alabama city a majority vote. Only
one Florida vote was cast, that of Rep
resentative Clark, of Florida, who vot
ed for Columbia or. all ballots.
The Georgia delegation insisted that
the caucus was not called with any
authority, as Secretary Shaw bad no
right to refer the location of the sub
treasury to a caucus. Representative
Livingston and other Georgia, members
said Secretary Shaw had assured
them that South Carolina. Georgia
and Alabama were the only States
which would have a voice in the loca
tion of the new branch of the treasury,
and before withdrawing from the cau
cus declared, very hotly, that assur
ances given 'them by the Secretary of
the Treasury had been violated by ex
tending a vote to Tennessee and Flo
rida.
YOUNG GIRL'S EFFORT
TO MARRY IS FRUSTRATED
YOUNGSTOWN. O.. Jan. 7.—Miss Ada
Scott, sister of Mrs. Mary Scott. Hart.ie.
and Howard Lappe, 24 years old, o'
Pittsburg, arrived today and applied for
a marriage license. The police bad been
informed bv Miss Scott's father that she
■was onlv 15 vears of age, and the lieense
was not issued. Mr. Scott arrived this
afternoon and returned tonight to Pitts
burg. accompanied by his daughter ^r.d
Lappe. Lnppe is a son of wealthy par
ents. Mr. Scott stated that I ts only ob
jection to the wedding of his daughter
was her age. Miss Scott was a witness
for her sister in the Augustus Hartje di
vorce suit at Pittsburg recently.
ENTERED SUIT TO OUST
MAYOR GEO. McCLELLAN
WOUNDED CHOW
FORT RENO, Okla.. Jan. 7.—The
finding of a khaki packet, one sleeve
of which was covered with blood and
punctured, presumably by a bullet, led
to the arrest this afternoon of Corfioral
Knowles, of the Twenty-fifth Infantry,
a negro regiment, on the charge of
murderously assaulting Capt. Edgar B.
Macklin, on the night of December 21.
When arrested the negro officer was
found to have a severe flesh wound in
the wrist, which he is said to have
been treating himself for more than
three weeks. The wound in the wrist
is declared to have been inflicted by
the same size bullet as went through
the sleeve of the jacket, which bore
Knowles’ initials. The packet, which
led to Knowles arrest, was found near
the fort on Saturday by two boys on
the trail taken by track hounds that
followed the scent of Macklin's assail-'
ant Knowles refused to talk, and
rill be for the first Major Penrose comanding officer at
a cnmpefprl ' Eon Reno, oechnes to give any incl
ination concerning the arrest.
BROWNSVILLE NEGRO AFFAIR
INVESTIGATED BY PURDY
AMERICUS, Ga., Jan. 7.—Mr. Frank
Wilson, a prominent farmer of this sec
tion. and brother of Representative J. J.
Wilson, was brought to the Americus
Hospital today suffering from a fearful
gunshot wound. Mr. Wilson had shot
and wounded a crow, throwing the bird in
the bottom of his buggy. As the wounded
crow thus flapped about, its wing struck
the trigger of Mr. Wilson's gun. discharg
ing it. The entire Ioak struck him in
the right arm. producing a fearful wound.
It is hoped that amputation will not be
necessary.
LOW BIRTH RATE
IN ATLANTA
ATLANTA, Jan. 7.—The records of
the office of the Board of Health show
that there were twice as many deaths
as births in Atlanta last year.
The total number of deaths was
2.4S1 during the year—these figures
are considered accurate. Births, how
ever, are frequently not turned in to
the office, and only 1.223 were record
ed during the year. Of those 602 were
boys and 621 gilds—a small majority
for the ladies.
During the year 1,624 people were
married, while during 1905 only 1,557
entered the matrimonial state in the
City of Atlanta. Exactly 19 people
committed suicide and 183 died violent
deaths.
-Mil-
RUMORS OF CONSPIRACY
AGAINST PEACE OF CUBA
NEW YORK. Jan. 7.—The Tribune to
morrow woli say:
Rumors of a conspiracy against the
peace of Cuba are again rife in this city.
Three persons mentioned in connection
with the plan to again foment trouble in
the island were of the shoulders of the
Palma administration, two of whom are
now in New York and the other'in Eu
rope. According to these reports, arms
and ammunition have been shipped clan
destinely from this port to Cuba for pos
sible future use.
Some of these contraband articles, it is
said, were buried near Mariel. not far
from Havana. This fact became known
to the American authorities and a com-
panv of soldiers sent to search for the
rifle’s and cartridges, which, however, had
been removed to another hiding place.
It is recalled by these reported shipments
of war supplies that there were several
such at different times from this city to
Cuba several months before the outbreak
of the recent revolution.
SAN ANTONIO, Texas. Jan.
ton D. Purdy, assistant to the United
States Attorney-General, completed his
labors here in connection with his in
vestigation into the Brownsville out
rage today, andjeft for Houston, where
he will continue the examination of
witnesses. Mr. Purdy expresses satis
faction with the results of his investi
gation. He says: “Regarding my work
from the standpoint of the importance
of evidence that I have secured through
the testimony of persons more or less
familiar with the Brownsville occur
rence, I can say that my efforts here
already have been rewarded.”
SMALL BOAT CAPSIZED
AND THREE PERSONS DROWN
NORFOLK, Va., Jan. 7.—'By the cap
sizing of a small boat ir\ which they
were returning to their homes last Sat
urday night, after making purchases
in Norfolk, Clarence Williams, Percy
Arnold and the latter’s young brother,
D. Arnold, all white, were drowned in
Deep Creek, a branch of the Eliza
beth river here.
PINA, SPANISH MINISTER
TO THE UNITED STATES
TAMPA PLANS ISTHMIAN
CANAL EXPOSITION
TAMPA. Fla., Jan. 7.—At a meeting
of citizens this afternoon the prelimi
nary steps were taken toward the pro
posed Isthmian Canal Exposition in
this city in 1909. A committee of
twelve, headed by Dr. F. W. Inman, of
Vinter Haven, was appointed to form
a stock company.
MADRID. Jan. 6.—It is expected that
King Alfonso tomorrow will sign tho
nomination of Ramon Pina as Spanish
minister to the United States. Senor
Oologan. who was appointed minister
some time ago. but has never presented
his credentials, is to be transferred to
Mexico.
Thirteen Drowned in Wreck.
ANSONA, Italy. Jan. 7.—During a
storm today the Greek sailing boat
Urania went on the rocks near here
and was wrecked. Thirteen members of
the crew were drowned.»
Tobacco Warehouse Burned.
RICHMOND. Va., Jan. 7.—Fire to
night destroyed the warehouse of J. N.
Boyd Tobacco Company, at Prentis and
Pulliam streets, this city, with a large
quantity of tobacco stored therein, en
tailing a loss of the lat»r of many
thousand dollars. The loss on the
building is About $4,500.
FRAUD 08DE8 UW
UNUSUAL PB9CEEDING
WASHINGTON. Jan. 7.—The House
todav passed a bill providing for a ju
dicial review of orders excluding per
sons from the use of the United States
mail facilities, after a debate extend
ing over the major portion of the day.
In presenting the resolution Mr.
Crumpacker (Ind.) said the power
given Postmaster' General under the
statutes to issue fraud orders was not
at all an administrative discretion. It
rather partook of the nature of a police
power for tlie regulation of the mor
als of the people of the country. Mr.
Crumpacker contended that the whole
fraud order law was an unusual pro
ceeding: that if it had been confined
to institutions and practices that were
essentially fraudulent, or were in
herently bad and criminal, "such as
green goods concerns, lotteries, fly by
night institutions, get rich quick estab
lishments, etc., as originally contem
plated by Congress, there would be no
complaint against it.
Mr. Mann (Ills.) read several adver
tisements which he said seemed to show
that concerns were still doing business
that ought to come within the scope of
fraud orders. He said the bill was de
fective and that there should be no
letting down of the bars to permit
doubtful concerns to fleece the public.
FRONT OF BUILDING
BLOWN OUT BY BOMB
ROCHESTER, N. Y., .Tan. 7.—The
entire front of the building at 358
North Water street, in the business
section, was blown out today. Only a
few feet from the scene of the explo
sion the Salvation Army was holding
a street meeting and a cheap theater
close by was packed with people. It
is believed the explosion was caused
by a dynamite bomb which is thought
to have been thrown into a metal
chute leading to the basement of the
building. The interior of the building
$yas oniy Slightly damaged.
NEW YORK, . Jan. 7.—Attorney-
General Jackson, on behalf of the peo
ple of the State ,of New York, today
entered suit In the Supreme Court
against George B. McClellan, praying
that the latter be ousted from the of
fice of Mayor of the City of New York,
on the grounds that he has usurped
and unlawfully holds such offlee, -
whereas Wm. Randolph Hearst is le
gally entitled to the same. It is stat
ed that this new proceeding has noth
ing to do with the quo-warranto action
which last week was temporarily en
joined at the application of Mayor Mc
Clellan.
A summons and a copy of the com
plaint in the action were served upon
Mayor McClellan at the city hall this
morning by Deputy Attorney-General
Deford. One dilference between the
new action and tho=e that have preced
ed Jt is that it is brought in the name
of The people of the State of New York,
whereas the others have been brought
in the name of Mr. Hearst. S. H.
Richards. Jr., of Mayor MicClelian’s
counsel, issued a statement outlining
the Mayor’s position regarding the
Jackson suit. The statement declares
that the Mayor is justified in hesitair.g
to submit his rights to an attorney-
general “so careless of his dignity: so
reckless of his conduct: so contemptu
ous of the law.” It also scores Mr.
Jackson for “saddling upon ;he State
in his efforts to befriend Mr. Hearst,
an expense of $200,000. which it is esti
mated the cost of quo-warranto pro
ceedings would be.
The court has made an order a,nd
issued its writ of prohibition against
the attorney-generai forbidding him to
determine the question involved, viz.:
Whether he has the power to reverse
his predecessor and bring the suit.
The Attorney-General immediately
thereafter determined that he did have
power, and has brought the suit.
“What hope of justice does there re
main to any litigant, let alone the
Mayor of our city, when the chief law
officer of the State, in his first Im
portant act, overrides the authority of
the courts?”
In view of the precedents given in
the courts to actions begun by the At
torney-General. the suit of ouster
against Mayor McClellan brought by
Attorney-General Jackson in the Su
preme Court in New York County will
come to trial at once, and will be
prosecuted by Deputy Attorney-Gen
eral Donnelly. Clarence Shearn, Wm.
Randolph Heorst's personal attorney,
as special counsel.
Samuel A. Groff Is Dead.
WASHINGTON. Jan 7.—Samuel A.
Groff. 60 vrar.s old. who was released from
th" Moundsville. W. Va.. penitentiary las.t
September, after serving three years for
complicity in the postal frauds, died at
his home in this city today.
DR.
ELWOOD OSBORNE
FACES BIGAMY CHARGE
BIRMINGHAM. Ala.. Jan. 7.—John
Osborne, alias Dr. Elwood J. Osborne,
who was arrested here yesterday
charged with having four wives, was
removed to the county iai! today and
will be held to await the action of the
grand Jury. In addition to being pros
ecuted for bigamy, he will be prose
cuted by the Jefferson County Medical
Society for practicing without license.
INDISTINCT PRINT