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i ■ 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