Newspaper Page Text
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THE TWICE-A-WEEK TELEGRAPH
Faesday, July 2,1907
DRASTIC RAILROAD LEGISLATION
PROPOSED BY STATE ADMINISTRATION
'Unwritten Lari
An Outline of the Measure
by Which It Is Proposed
to Tame the Railroad Oc-
in the State
tipus
| In which the subordinate Is located.
Section 15 fixes the domicile of the
; railroad commission in Atlanta, and no
• courts other than those of Fulton
County shall have jurisdiction In any
isuit brought against the commission.
Section 16 fixes the contingent fund
of the railroad commisison for office
expenses, etc., at $3,000 per annum. Th
I salaries of the commissioners
COTTAGES UNROOFED
AND BATH HOUSES ARE
BLOWN OVER AT TYBEE
Was „ ca( ..GOVERNOR HOKE SMITH INAUGURATED ,
AMID CIVIC POMP AND POPULAR ECLAT
HOUSTON, Va.. June 29.—After
being In the jury room 45 minutes
Great is the Power
For R. R. Commission
SAVANNAH. Ga., June 29.—The re-
other j sorts in the vicinity of Savannah were
than the chairman are to be $2,500 and ; visited this morning by a heavy wind
I the salary of the secretary $2,000.
. and considerable damage was done.
Section IT authorizes the Governor to Tybee, Isle of Hope. White Biuff and
employ special counsel to assist the
Attorney General in any and all litiga
tion, whenever deemed necessary, and
section 18 repeals all conflicting laws.
the jury this evening returned a ver- ,
diet of " not guilty" in the case of!
former Judge William G. Loving, of j
Nelson county, and manager of the;
Virginia estate of Thomas F. Ryan. ;
who was placed on trial here last
Monday before the Circuit Court of |
Halifax. Judge William R. Barksdale j
presiding, for the murder of Theodore ;
Estes, son of Sheriff U. K. Estes, of i
Nelson county.
Judge Loving shot and kille.d young
Estes on April 22 at -Gakrldge follow
ing a buggy ride Estes had taken with
the Judge's daughter. Miss Elizabeth
HOKE SMITH’S EYE IS
T
(By JAMES H. MOORE.)
ATLANTA. June 29.—The Irnpres-
Montgomery, all sustained damages.
that wrought at Tybee consisting af escort, had. drugged and assaulted her
the unroofing of a eottne-A ana tbe The jury retired at 4:45 o clock, ant
blowing over of
Loving, who told her father that her : s ' on exists here that if the Legislature
at this term shall pass all the special
ATLANTA, June 29—The Candler
cottage and the
bath houses, and
— , swamping of small craft Several
State Prohibition Coming? motor boats there, at Isle of Hope and
ATLANTA, June 29.—There is hut I at Thunderbolt were sunk. The rain-
C Uroad bill, which Is considered by| one answer to the question as to what fell for the twenty-four hours ending
e Incoming administration the most j ma v be expected from the present Leg- . ft t 8 o clock this morning was 5.4S
Important piece of legislation to * Mature wtth regard to the sale of j ^™5ig fHnches°tA Ind
enacted at this session of the General ; liquor in the State. Already three or : janes were flooded and rendered lm-
Assembly, is regarded as one of the four state prohibition bills have 'been ' passable for pedestrians for some
most sweeping pieces of reform legis-i introduced in the House and Senate, ' minutes until the water could runoff.
Jation, aimed at corporations, ever along with other measures to put aj
presented in any legislative body. A stop ,■}?,, tbe , , tra de. whether State
summary of the provisions of this pr ° h ?' U !£ I s succe °"° f , ul °£ not -
measure will be of State wide interest. ’ But nobody seems to have doubt
Section 1 provides that after thei aPout the fact that a S.ate prohibition
passage of the act the railroad com- j S** 3 ™* ** through Members
mission of Georgia shall consist of five ■ of b ,°th houses who have discussed the
members to be elected by the people matter with their colleagues. state
of the State In accordance with the i there seems to be no doubt about the
terms of the act of August 2L 1900. ' Pnssage of a straight State prohibition
The* terms of office of the two add!- ^ <*>™£ or Hoke Smlth ?«■ »»-
Ilona! members of tha commission j ?, u * ru . ra ! address today practically re
shall axpire December 1, 1811. There- : Iterated his stand for local option as
. K . . , ,, amlnsf rnmn pTa KtatA nrGhlhltlnn Kuf
STEEL CYLINDER WAS
OPENED DY MISTAKE
jury retired at 4:45 o'clock, and : reforms advocated by Governor Smith
from that time until the verdict was on the stump he will be a candidate
returned the defendant remained in | next year for the L niteJ States Senate
the seat he had occupied since the against Senator Steve Clay. Next
trial began, and surrounded by the ' Tuesday week is the time fixed by law
members of his immediate family with i for the election of Senator Bacon for
the exception of his daughter Eliza- the long term of six years. Senator
beth, who was not present today. At i Clay's term expires March 4. 1909, and
5:45 o'clock a loud knock was heard following the practice of the.last few
on the door of the jury room, and years the people will probably be call-
Judge Barksdale, who had taken his ed to express their choice for United
seat on the bench, ordered the sheriff: States Senator in the primary at the
to preserve order, and - cautioned the , same time they vote for Governor. It
large crowd that had remained not to | is pretty well understood that Govern-
““ SB*. SIIITH KILL SIGN
tbe Echo His Vigorous; PROHIBITION BILL
Utteranfies-Inaugural Ad-!
dress Marked With Fire
(By JAMES H. MOORE.)
ATLANTA, June 29.—The sentiment
of the Hustings Without °f the state for prohibition as repre-
: sented here Is believed to be all pow-
for Legislature
(By JAMES H. MOORE.)
ATLANTA, June 29.—The Hoke
SCHENECTADY, N. Y.. June 29.—
..... „„„„ ........ _ . _ .L ten-ton steel cylinder, loaded with
after «he terms of-each member shall! a&atnst complete State prohibition, but brick of equal weight, and filled with
* 1 51 ic rpn*n*flllv cfnth/i thof If o Ciatn .i. _ . « «na .. _
be six years.
Not only does the act not propose
to remove any of the present commis
sioners, but It proposes to extend the
term of Commissioner Jos. M. Brown,
expiring Ootober 16. 1907, to December
1, next, in order to provide for uni
formity in the terms of all the mem
bers. Thereafter all terms of railroad
commissioners are to expire Decem
ber 1.
Under section 8 any person 30 years
of age qualified to vote in the elec
tions held in Georgia, irrespective of
his training in law or the railroad
business, Is to be eligible to ft position
on the commission.
The chairman of the commission is
to be designated from among Its metn-
11 stated that if a State , steam at a pressure of 120 pounds to
prohibition bill is passed, he will hard- i the square inch, at the plant of the
Iv refuse to sign it. There is practical- j Schenectady Sandstone Brick Com
Iy no doubt that if it reaches the Gov- pany was opened by mistake this
ernor it will become a law. morning without first reducing the
Dr. J. C. Solomon, superintendent of i steam pressure and as a result explod
the anti-saloon league of Georgia, who ed . The cylinder head killed tw
has just returned from a trip over the | rnen, wrecked a portion of the plant,
State after having: made a number of; twisted a steel water tower into scrap
addresses, declares -that the outlook for \ iron, wrecked a big water tank and
prohibition was never brighter and he i windmill, deluging the scene of earn
confidently believes the Legislature will | age with water. The big cylinder, fiv
pass the measure. He said he believed feet In diameter and forty feet long,
the House would vote two to one for went through the end of the building
State prohibition and that the Senate ; and a pile of brick was thrown across
would give the measure 25 to 30 votes.; the highway, hit a carload of coal and
H* j * be Passage of the a telegraph pole a glancing blow, kill
bill by Mr. Covington, of Colquitt, j e( j a track repairer and skidded up the
which Is aimed at shipments of liquor - railroad track to a point fully
»w, i ■_ „ ■_ | 500
bers bv the Governor, is to give his ! coming In from points outside the yards distant. The dead are C. "WTiel
entire time to the duties of the office j^ Ute ' al l pres °" s receiv- and j. Servey, a brick maker, and
and to receive e. salary of $4,000 a| Ed £ b shipments^to ^register them j 0 hn Curns, track repairer.
year.
The-commission. 1s authorized to em
ploy-one or more rate experts at a
cost not to exceed $4,000 a year for all
such service rendered.
Section 5 vests exclusively in the
odtnmifsien the power to determine
what are just and reasonable rates
and charges, provides that the com
mission's reports shall be admlsable
as evffieace in any court in Georgia,
and extends and enlarges the powers
heretofore conferred on the railroad
commission so as to give It authority
over street railroads, over public docks
and wharves, over terminals and
temfinal stations, and over all tele
phone and telegraph companies whose
lines extend beyond the limits of one
in unto! pal Ky.
Section 6 continues to enlarge the
powers of the railroad commission
over all them classes of public utility
corporations, and directs it to perform
the duties imposed upon It of its own
Initiative. It is required to examine
fully and completely into all the af
fairs of such corporations as fully aa
with the clerk of the Superior court
and not to open the package until a
certificate of registration has been
pasted upon it. Another pending bill
makes it unlawful for any person with
in the State to ship liquor to any dry
county In Georgia.
Pension Commissioner's Report.
ATLANTA, June 29.—The report of
Pension Commissioner J. W. Lindsey,
covering the period from Jan, 1, 1906.
to June 1, 1907, just made to the Gov
ernor, calls attention to a deficit In
the pension fund for 1907 of $42,000,
which will be supplied by an appro
priation made by the legislature.
This deficit. Commissioner Lindsey
states, was caused by the last legis
lature ignoring the recommendations
jjt the department and cutting the
pension appropriation for each of the
years 1906 and 1997 by $30,000. . This
cut would have practically made up
the entire deficit.
PROHIBITION BILL
SAVANNAH, Ga., June 29—Savan
nah naturally, being a city of many sa
loons, Is taking a deep interest in the
fight that is to be made In the State
Legislature for State prohibition. This
Interest, however, is not all on the side
of the saloon men and those who favor
the sale of liquor in such counties as
may choose under local option to sane
tlon the traffic. There is an anti-
saloon league here that has consider
able strength, and among the members
are a number of a decidedly militant
character.
A fund is being raised by the friends
of local option to carry on a campaign
mil D UJ OMVii ' . ^vuuiuoi vntl JUIIIUPV:/ n COliillftlC Ui
If the commission was in actual charge! the funds which will be required for
Commisloner Lindsey's estimate of for that policy and to oppose the State
in
BV
in
>
of them, to see that they are obeying
the laws of the State and their char
ter requirements, to see that they are
giving pnoper service and adequate
protection to life and limb and prop
erly. to prescribe and establish a uni
form system of accounts to be used
by all such corporations, to examine
their books, contracts and all docu
ments. and to compel the production
of same when desired. The individual
members of the commission are given
authority to visit the offices of such
corporations and make minute ex
amination of books, aocounts and of
physical property.
Under section 7 the commission Is
given authority to value all the rail
roads In the State and other corpora
tion property under their Jurisdic
tion. to ascertain the original cost of
construction, and the present value.
The commission Is given authority to
order spur tracks and side tracks
placed wherever needed, or removed
if found advisable, and to compel ser
vice upon such side tracks. It is given
power to compel an adequate and suf
ficient passenger service on all lines.
It is given power to adjust and ap
prove for repayment overcharges and
losses, and to fix penalties for neglect
In this matter. It may prescribe rules
and penalties for the prompt accept
ance of freight and the transportation
of it. including the prompt furnishing
of cars when ordered. It is given the
power to order the establishment of
depots wherever needed.
Section S makes it unlawful for any
such corporation to issue any stocks
and bonds without submitting such
issue to the railroad commission and
receiving its approval which can only
be given In case such Issues are re
quired for the construction or acquisi
tion of new property. The commie-
eion must hold a hearing td determine
the necessity for such Issues before
giving its assent. Refunding is, of
course, permitted with certain limita
tions.
Failure to comply with any order of
tbe railroad Commission renders the
offendlnxjfftrporatlnn liable for dam
ages tj*pW persons who may suffer
such uBnage by reason of such failure,
and if the failure be shnwit to be wil
ful, the court is directed to award
counsel's fees to the person damaged.
Section 19 repeals sections 2195 and
2196 of the code providing for the
present method of enforcing penalties
against corporations failing to obey
tbe commission's orders.
Beetlon 11 repeals the Steed bill
passed in 1905 relative to the prompt
receipt, transportation and delivery of
freight.
Section 13 orders all these classes
of corporation* to obey all orders of
the railroad oommlelson and all laws
of the Slate. Violation of any order
of the commission shall subject the
coomnon carrier so often ding: to a pen*
■»ty of $1,900 for each offense, and each
day during which the violation con
tinues shall be considered a separate
offense. These penalties may be sued
Mr In any of the counties of the State
wbervi the offense Is committed or in
any county in which the corporation
operates, and such suits shall be given
precedence by the Superior courts, and
appeals shall go to the Supreme courts
on fast bills of exceptions. All such
suits are to be brought by direction of
the Governor and in the name of the
09ftte.
It is further provided in section 13
that any person violating the provis
ions of this act shall toe deemed guilty
Of a misdemeanor and punished as pre
scribed in section 1059 of the code.
Every officer or agent of the copor-
atlon who violates this act or who vio
lates any order of the railroad com
mission. or who aids and abets such
violation, shall be deemed guilty of a
misdemeanor and punished according
ly. If a subordinate employe violates
an order of the commission toy direc
tion of a superior officer or employe,
such latter officer or employe may be
the payment of pensions In each of
the years 1908 and 1909, to be appro
priated by the present legislature, is
$950,000, as against $800,000 appropri
ated for each of the two preceding
years. If the pension rolls should be
extended by new legislation, much of
which is proposed. even this sum
would have to be increased.
Commissioner Lindsey urges the re
peal of the poverty clause in the con-
stiutlon so that all Confederate vet
erans and their widows may rest on
the same footing honorable service
and d.ischarge being the only requi
sites.
Commissioner Lindsey urges the en
actment of a law by which the vet
erans will be relieved of the payment
of the $1 fee to the ordinary for mak
ing out their pension papers, and it is
likely the legislature will pass some
measure to this effect.
Attention is called to the fact that
the grand juries of the State are still
very lax In the discharge of ^:he duty
placed unon them In the matter of
purging the pension rolls of the frauds
charged to exist therein. Commis
sioner Lindsey in this connection re
peats his recommendation that an offi
cer be appointed in each congressional
district to examine the pension rolls
of each county with a view to elimi
nating all the fraudulent claims. The
pension roll, he says, can never be
what it should be—a roll of honor—
until these frauds are stricken out.
Memorial to Late Judge Bleckley.
ATLANTA, June 29.—On Wednes
day, July 3, at noon, there will take
place in the court room of the Supreme
CourtTa^T^^iipUolthemernoriaUexer^
cises in honor of the late Chief Justice
Logan E. Bleckley. The chairman of
the committee from the State bar.
Judge John L. Hopkins, and appropri
ate responses will be made by Justice
Joseph Henry Lumpkin.
The special memorial committee,
most of who mare expected to be
present at these exercises, consists of
the following members of the bar:
Judge John L. Hopkins, of Atlanta,
chairman; Spencer R. Atkinson. Wm.
A. Little. Samuel B. Adams John S.
Candler. Joseph R. Lamar. John C.
Bert. Z. D. Harrison. George W. Ste
vens. John M. Graham. Henry C. Pee
ples. John W. Akin. Albert H. Russell,
W. P. Price. Robert McMillan. Alex. S.
Erwin, Joel Branham, W. L. Grice.
Frank H. Miller. W. M. Hammond
John L Hall. P. W. Meldrlm
Merrill. Leon A. Wilson. Henry R.
Coetchlns. I. E. Shumate. William D.
Kiddoo. Henry D. McDaniel. Isaac
Hardeman. T. B. Cabanias, Jos. W.
Bennet and Roger L. Gamble.
prohibition measure In the Legislature,
Many will he found to subscribe to
such a fund. The saloon men will not
alone be the subscribers for there Is
a considerable element of Savannah’s
population that takes the view that the
material progress of the city will be
sadly impeded should the sale of liquor
be prohibited. Because this is a sea
port many urge that it would be ruin
ous to declare prohibition.
The State would lose large revenues
that pour into its coffers from Chat
ham County should the saloons be
closed. Approximately $85,000 a year
is paid Into the State treasury by the
saloons of Savannah during a year.
This amount has been steadily increas
ing, as the tax has been raised, while
the number of saloons has not grown
less.
No definite plans for the fight against
prohibition have yet been announced,
but It seems certain that he interests
here that oppose it will not remain idle
when there Is work to be done if they
are to prevail. The prohibitionists, on
the other hand, are organized and are
at work.
The city ■ has issued 234 liquor
licenses this year. More than $50,009
a year Is paid into the city treasury
each year for liquor licenses. There
fore It may be seen that the city
finances will have to be subjected to
some figuring by the authorities if
prohibition prevails.
REPORT THAT SIXTY
FRENCHMEN KILLED
TOULON. June 29.—-It Is reported
tonight that during the voyage of a
French squadron bound from Mar
seilles the battleship Jaureguiberrry
collided with the torpedo-boat de
stroyer Pertuysane and that sixty men
were killed or Injured. The maritime
prefecture declines to give out any
information in the way of confirma
tion or denial of the report. Other
reports are to the effect that it was
the torpedo-boat destroyer Darde that
collided with the battleship Jauregul-
berry and that the Darde was sunk.
Admiral Foy, in charge of the prefec
ture. has received no news of the
accident.
INTERESTING CASE AGAINST
SAVANNAH CAR LINE
Old Familiar Friends,
ATLAl'JTA. June 29.—Among the
first bills Introduced in the House of
Representatives upon the call of the
roll Friday were a number of old
friends fathered by Hon. Joe Hill Hall
of Bibb.
Among these were the_ajiti-pass bill
prohibiting the Issuance of free passes
or franks or any other privilege not
accorded to the general public by
corporations to any persons in the
State, with the exception of corpora
tion employes: the bill to provide for
the assessment for taxation of cor-
SAVANNAH, Ga., June 29.—The
j Jj' 'Superior Court will soon have an in
teresting case to decide as between
the city and the Savannah Electric
Company. Attorneys for the street
railway will carry the case to the Su
perior Court from the Recorder's
Court, where eight fines. $50 each,
have been assessed against the com
pany for its failure for eight succes
sive days to “effectually lay the dust”
on Its car tracks.
In Savannah the company has thir
ty-three and one-third miles of track.
Officials of the company testify as ex
perts that It is impossible
sprinkling cars over this
without greatly delaying and interfer
ing with traffic.
Attorneya for the company sought to
have Recorder Schwarz dismiss the
case on the ground that the ordinance
is unreasonable, unfair and a discrim
ination as between classes of vehicles,
but the recorder would not do so.
Its Bitterness and Deliv
ered Without Notes-Much 2VK2X
i r- , . , T . . _ , n . to pass it and refer it to the people
ana Drastic 'York Gut Out‘for ratification- There is thought to
be no question but that the House
will pass it. and the prohibtionist's
claim it will easily pass the Senate.
The prohibitionists are encouraged by
the election of Akin for President of
the Senate. They claim It as a prohi
bition victory. He comes from Bar
tow. where in an election recently held
i ne veruici Ui ur- . ■ —c——- ... _ . .prohibition carried something like
bv Foreman B. S. ! Senate next year he will have to serve . 1 . * 10 w ? s fjy* n this morn- ; o.GOO, against about 60 votes in all for
uy iytemou | „ %___ . i ine* nnrt amH the nlnnriits .nnrt elamnrs I jjq UOr
Should the legislation be enacted.
Jan. 1 Is the time suggested for It to
. take effect, which would leave the
Senator Bacon. , sion. Tae rain of the night previous saloons only six months more to live.
As to the Gubernatorial succession j laid the dust and cooled the at- I Governor Smith Is a. local optionist.
It Is believed the election of Hon. John ionosphere. Delightful breezes fanned : He voted against Guerry in the prohi-
"W. Aikln make him a prospective can- j the cheelfs of jammed humanity . bitlon campaign. The saloon men are
didate for that high office. . ;lnd tem Pered the rays' of a brilliant i disposed from this to hope that lie
Legislative Features. j mid-summer sun. will veto the prohibtion bill if passed.
The uppermost topic for the time is j Classic Peachtree poured out its • g uc h a thing is. however, extremely
the Investigation of the sale of the be “V t} ’ a ! ld lts ohivalr .v. ; improbable.
Central of Georgia Railroad stock But . The mil,tar y features of the parade (Since the above was written Gov.
barring this development the sentiment ' vas not very str,king< but tbe lino of Smith has declared in his inaugural
is steadying, if not growing, more enn-— -
emotions when the verdict i or Smith’s ambition points to the Sen-; »eminWr.ti«n ‘
inced. The verdict of ac- atonal toga, and If he does not run for lti ° p
vent their
was announced
McCraw'™ 8 r<?ad ^ ~ “"I m'Govftraor'far fiur'yeanT kndbTout'i iPgan “ ,d . “? e Plaudits and clamors
Judge Barksdale thanked the jurors ! of office two years before he would I T?® thronged the C0ur£C
for their attendance upon the court | have .another chance^He , would then j ^"^r^Ideni tor the ecca-
J 1 ° . tinn r TV-'n roin nf tha nttrlit nrarimic
at grea.t sacrifice. He declared that | he pitted,
he believed the verdict' was in accord
ance with the conscientious views of
the jury. After the jury had been
discharged Judge Loving, his wife and
other relatives shook hands with and
thanked each juror.
Tears Stramed from Loving.
Tears streamed from the eyes of the
defendant and his wife. Judge Loving
was congratulated by many of his
friends present though in accordance
with the warning of Judge Barksdale
there was no noisy demonstration.
Foreman McCraw, u merchant and
farmer, said that when the jurors
entered the room one of them did not
exactly understand all of the instruc
tions of the court, and these were read
to him. * Mr. McCraw said that when
he called for a vote he requested all
who favored the acquittal of the de
fendant to hold up their right hands.
On the first ballot every hand prompt
ly went up. When asked what the
basis of the verdict was he said “in
sanity.” and that he and the other
members of the jury believed that
Judge Loving was out of his mind at
the time he killed young Estes. The
stress, he said, had been brought on
by the story told him by his daughter.
The day was spent In argurfient, the
forenoon session being taken up by
counsel for the defense and the closing
speech for the prosecution being made
this afternoon by Commonwealth’
Attorney Bouldin. Attorneys Barks
dale, Moore and Lee for the defense,
spoke practically along the same lines
They pleaded for an acquittal on the
grounds that Judge Loving was insane
at the time he killed Estes, having lost
control of himself upon hearing the
story of the ruin of his daughter.
They dwelt at some length on the
testimony of the insanity experts and
the excessive drinking of whisky by
the defendant some years ago. •which
It was claimed had diseased his brain
"Unwritten Law” Real Plea.
The real basis of their ^argument,
however, was the “unwritten law.'
They spoke of the preservation of. the
sanctity of Virginia homes, declaring
that any man who invaded the thresh
old and spoiled a woman had fov
felted his claim on society.
On this point, Mr. Moore said:
“You would not raise the moral
standard or elevate the womanhood of
Virginia by convicting him. Don't put
the badge of dishonor on him by send
ing him to the penitentiary. Don’t let
it go out to the world that a jury of
Virginia- gentlemen put the felon’s
stripes on a Virginia gentleman.”
Mr. Lee appealed strongly to the
sympathies of the jury. “Sweep fro:
Virginia the chaste homes of the citi
zens.” he said, “and what remains of
the State? The purity and the dignity
of our homes is the sweetest thing in
life to Virginia. It is the gift of God.
When any one invades our homes, they
strike society and the body politic the
deadliest blow You all know how love
for your wife and how the smile of a
daughter can bring out from your na
ture the best - there is in it.
“My heart and my mind tell me, gen
tlemen of the jury, how you feel. I be
lieve that when the foreman asks you
to hold up your hands if you believe
the prisoner not guilty that every
hand will go up. and that your act wifi
be according to your conscientious
opinion. When Chirst departed this
life his last words were ‘Father forgive
them; they know not what they do.’
Ridiculed Insanity Plea.
Commonwealth Attorney Wood iBoul
din, of Halifax County, in the closing
address, ridiculed the insanity plon.
calling attention to Judge Loving’s de
liberation before and at the time of the
tragedy. He declared the evidence
showed that the murder was an act of
deliberation and that it was committed
after Judge Loving had ample time to
reflect and realize . fully the conse
quences.
“In this case and all others,” he de
clared. in conclusion, “the guilty and
tlie innocent suffer alike, but courts
cannot measure their verdicts by sym
pathy. Judge Loving’s is not tlie only
stricken household."
Mr. Bouldin spoke for an hour and
three quarters.
Judge Barksdale then placed In his
instructions to the jury a section which
had been objected to by the defense and
as not included in the instructions as
read yesterday. This Instruction con
tained the statement, “the unwritten
law has no recognition In this court.”
The defense contended that this was
unnecessary, but it was inserted.
The jury then retired and in 45 min
utes returned with a verdict of “Not
guilty.”
For the first time during the trail,
the female relatives of young Estes
were in the court room.
The following statement was given
out tonight by counsel for Judge Lov
ing:
“Within half an hour after the ren
dition of the verdict by the jury and
the adjournment of court, counsel for
Judge Loving were called on by two
of the Jury who stated that they had
been appointed a committee represent
ing the entire jury to convey to Judge
Loving and his wife and daughter the
information that while they believed
servative In regard to railroad legisla
tion. There is a growing dspositon to
go slow In regard to the 2-cent flat rate
and to ascertain whether the railroads
can stand the reduction.
Ad Interim Appointments.
There was a flurry during the week
among Governor Terrell's ad interim
appointments, the judges and solicitors
carriages and civic clubs made an im- ;
posing procession.
Down Peachtree and Whitehall |
streets along Hunter, Pryor and Mitch- \
ell to Washington it moved with cheers |
for Hoke Smith from point to point,
the crowds ever growing more congest- i
ed until the Capitol was reached and
address he will do nothing to help or
to hinder prohibition. If the legisla
ture passes a prohibition bill he will
sign it.)
Failing in the prohibition bill, the
anti-jug bill will certainly pass, so it
is said. This would affect only the
wholesalers. They would have to get
multitudes broke over the portions of out of Georgia if they continued
the lawn still unoccupied like the i business. Their only recourse would
of the City Courts named by the retlr- I waves of an incoming tide over the ' be to locate outside the State
and ship
ing Governor since the last session of
the Legislature. The fact developed in
an executive session of the Senate
Wednesdaj' that the Governor-elect’s
friends opposed their confirmation on
ostensible ground that the appoint
ments were illegal. The result, if there
contention had been sustained, would
arm iir
,ti-*T<
sands on the sea beach. j their goods into It under the aegis
The exercises at the stand moved of the itnerstate commerce law.
along without a hitch, the Governor- i The breweries are said not to ho
elect appearing to emerge from amidst - fighting the anti-jug bill, as it vould
the assembled people at the psycliolog- j not affect them materially. They would
leal moment and without the delay ! naturally be disposed to compromise
unusually arising from the necessity j on an anti-jug bill, which would leave
for search. He moved to the speaker's ; their local trade. The wholesalers
have "been to'~throw" t'he'a'pnoTntrnenfs ' Ktand —cheered and congratulated at ' on the other hand, would be little in-
intn thp h.-inrisj nf tlisn £.«• each step—where the retiring Govern- i terested In what was left after the
or. the Chief Justices, the President of ; passage of an anti-jug bill.
the Senate and others awaited him. ' —
Governor Terrell, who was some i
what conspicuously absent from the |
Governor-elect’s personal procession
and retlrue, appeared on the stand, j
smiling and solicitous of the entire;
success of his successor’s debut, but he j
gave a distinct start to the close ob- j
serving ones and scored the initial |
sensation of the day when, after the
into the hands of then ew Governor.
The decision of the matter was de
ferred until Friday in order to inquire
into the question of legality. In the
meantime the officials whose heads
were Imperilled made a pretty general
move on Atlanta with the result that
when the matter came up Friday the
movement was defeated by their con
firmation. »
Senate Adjourns 'Till Wednesday.
The Liquor People
Are Losing Heart
ATLANTA, June 29.—Brief sessions
were held today, both of the House
and Senate, early adjournment being
ATLANTA. Juno 29—The feature 0 f I Chief Justice administered the oath to
the Senate session was the introduc- j Governor Smitn, he stepped forward
tlon of Senator Hudson’s bill regulat-i a P d f - appropriate remarks „„ ...... .
ing the running of automobiles in the! Bracetully transferred to the new Gov- taken to attend the inaugural ceremo-
State ill a manner even more stringent i er ?? r v, tb ? sreat seal of State which, he ; n ) es .
said, had been committed to his keep-, j n (be House tho contest over the
in ?Ttr? ur years i 1 ??' » ... 1 seat Representative W. H. Rogers,
u ho changed that program? softly j (be onlv negro representative, wan
queried one of the newspapermen as. taken up. Speaker Slaton announced
they all stare,d. 1
It had been previously announced
than the bill of Senator Felder, of the
Twenty-second.
Senator Hudson, of the Twenty-fifth,
introduced a bill requiring all owners
of automobiles to register with the
Secretary of State and pay a fee of $2
{secretary or state ana pay a lee or as ~~ • . : , . “ :
for registration. A number will then |^ d „ d ^ t £jL noon ? - 7,' vblcb bad B .r* adv
the appointment of a .committee
privileges and elections, with Mr.
Russell, of Muscogee, as chairman.
ire issued, which must be exhibited! ^l ad ® U P and se ut their early editions; whose special and particular duty : t
both on tiie front and the rear of tbe ’ in accordan<,e the ,e,te J
machine. At night only the number , 0 .^® piwam a* prenared-nublishcd
on the front will have'to be shoWn. 3 Sl0 , U i# ate, 2. ent that " fo, . , £ vlnSr
Where houses are less than 300 feet °f tb °L°^‘ ce - Governor Smith re- I
apart it Is made unlawful to maintain ‘T*‘ i ^ " f
speed of more than one mile in five
minutes. The rate of speed on country
roads is limited to one mile In four
minutes or fifteen miles an hour.
Chauffeurs must stop cr signal from
the driver of any vehicle, and a further
and more restrictive clause is that no
h utomoblle shall run on any country
oad, except in the suburbs of cities
or within Incorporated towns and
cities from one hour after sunset to
one hour before sunrise.
A message was received from Gov
ernor Terrell sending in a final ad
Interim appointment, that of T. T.
Jones to be solicitor of the County
Court of Stewart for the unexpired
term ending in 1909.
On motion of Senator Felder It was
decided that the Senate should ad
journ until Wednesday because of the
fact that no business can he done until
the committees are appointed by the
President. Senator Kinght objected to
adjournment for so long a time, saying
the people were looking to this Senate
to do something. Senator Felder re
marked that Senator Knight seemed to
be trying to work a bluff game on the
people.
The Senate held a short executive
session, during which it confirmed the
appointment sent in by Governor Ter
rell.
Cook the seal of the State of Georgia.'
However. Governor Smith now hand
ed the seal to the Secretary and pro
hall be to take cognizance of the Mc
Intosh County contest and make a
report to the House. The members of
this committee are Messrs. Bussell, of
Muscogee, chairman: Taylor, of Sum
ter. Candler, of DeKalh. Wright, of
Richmond, Wright, of Floyd, Hall, of
Bibb, Perry, of Hall, Covington, of
?o e f d h« hiS , , nau * uraI Colquitt. Jackson, of Jones. Adams, of
/ General As? e m- Elh Rountree of EmanueI . wise, of
toly seated In front of him. Governor 1
Smith spoke without notes or manu
Fayette, Young, of Troup. Edwards, of
Habersham, McMuliin. of Hart. Hill,
GEORGIA HUSSARS ARRANGING
FOR BIG TILTING TOURNAMENT
SAVANNAH. Ga.. June 29.—Capt.
Frank P. Mclntire and the Georgia
Hussars are arranging for an invita
tion tilting tournament to be held in
Savannah next October. It is expect
ed that there will be teams from al
least ten out-of-town cavalry compa
nies to participate. Troopers are ex
pected from the Governor’s Horse
Guards, Atlanta; the Richmond Hus
sars, Augusta; the Charleston Light
Dragoons: from one or two Florida
companies, and all of the troops of the
First Cavalry in this section of the
State. Large money prizes, and also
valuable trophies, are to be offered for
the successful competitors. Great in
terest in the proposed tilt Is mani
fested by the Hussars.
A Crl tboFiv, an eve S n rt b' ^ seem , ed at first | of Monroe. Collum. of Schley. Boyd, of
, Powerful mepja- S pal d lng. Brown, of Carrol . Atwater.
T t0 ® !l "|of Upson. Reid, of Macon. Heard, of
rung over the multitude before him. r»nrtiv
From the fringe nnH mitRlrlrfe r»nmo I * ’ .
The
Tift, of Dougherty,
ndicatlons are that the Hous<
outskirts came
sraSJP’S'SKiSy'.JSK * ■*» »•
a moment to learn the trouble. A por
tion of tho audience In the foreground
had risen and were standing and those
behind could not see. “Sit down." j
commanded the Governor, waving his j
hand to those standing un. They sat j
and there was no more disturbance or
I ease. Jinny members of the House
have been approached by the advo
cates of Rogers on the one hand and
Capt. George E. Atwood, the contest-
I ant, on the other. In all instances, so
far as can be learned, they have refus
ed to commit themselves and stated
noise during the speech, except Mie | th ? y wou,d b f governed "'holly by the
s ' evidence as it was presented at the
spontaneous applause which penetrated
it at regular and frequent intervals. ne<ir * n g -
Governor Smith literally held the atten
tion of his audience to the end. Com
prehensive of grasp but terse in ex
pression. aggressive but not intolerant:
declaring in the most uncompromising
terms the purpose to accomplish sweep
ing and revolutionary changes, but by
methods both consc'entioug and con
servative. intended to rebound to the
benefit of both people and Interests
concerned: going to the heart of each
subject he touched upon without waste
of words, it is hard to conceive how
A communication to the House from
Secretary of State John F. O'Brien, of
the State of New York, announcing tc
that the General Assembly of that
State had passed a resolution memor
ializing Congress to amend the Con
stitution so as to prohibit polygamy,
was read in tho House.
The following new bills were intro
duced and read the first time:
By Messrs. Boyd, of Spalding, Don
aldson. of Decatur, and others—To
(amend the Constitutfon of the State
more and weighter matter could have (™ ap ‘° Vrovlde for biennial sessions
: of the General Assembly instead of an-
4
SAVANNAH CATHOLICS REGRET
LOSING FATHER QUINLAN
poration property through a perma
nent board appointed for the purpose; i Officials of the company assert
to send that Miss Loving’s statment on the wit
trackage ness stand of what she had told her
father was a true account of what she
had communicated to him, yet. not for
a moment did the jury entertain the
opinion that an actual assault had been
committed by the deceased upon the
young lady, but on the contrary, they
were all fully satisfied beyond all doubt
that no actual assault had been com-
the bill to require railroads operating
In Georgia to .do so under charters ob
tained from this State: the bill to
amend the code so as to prohibit
Judges from directing verdicts, and a
disfranchisement bill, drawn after Mr.
there Is no other city in the
with such an ordinance.
that mitted. but that there had been an
country attempted assault. Judge Loving upon
SAVANNAH. Ga., June 29.—It will
be with deep regret that the Catholics
of Savannah will loose Rev. Father
William Quinlan, who next week will
go to Atlanta to accept a' charge. He
has been with the Savannah church
been packed In the hour’s addres
delivered.
Emphasizing from time to time the
weighter clauses and sentences by de
j nual sessions.
By Mr. Barkesdaie. of Wilkes—To
provide for the appointment of a bu-
livering them with the full compass of
his splendid vox humana and stamp
ing his foot In unison at stated inter
vals, his words fell with the added pow
er of “action” upon which demonstra-
ters laid so much stress, and all in all
gave those who heard him a treat
worthy of the best days and tradition
of eloquence.
The skeleton of the speech will he i _
found in another place, containing tne| aurner a dr Y county,
outline and principal features of it but
scarcely presenting the full force sig-
reau of legislative insurance informa
tion, to suggest needed changes in ■the
insurance laws.
By Messrs. McMuUan, of Hart, and
Holder, of Jackson—To regulate the
running of automobiles in the State.
By Mr. Hines, of Baldwin—To pro
vide for the hiring out of municipal
convicts.
By Mr. Sumter, of Turner—To make
nificance and picturesqueness of th
speech as delivered.
200 HOUSES WERE
DESTROYED IN BiSBEE
Liquor Men Discouraged.
ATLANTA. June 29.—It is reported
that the whisky men of Atlanta have
practically given up the fight against
State prohibition, admitting that tha
law is going to pass this Legislature.
The distillers and wholesale dealers;
it is said, are now preparing to move
to other States. Several will go tr>
Chattanooga, Tenn.. Birmingham and
that I other points and arrange to make ship-
BISBEE. Avlz., June 29.—Fire
broke out here early today threatened | ments into Georgia.
, R jj Rose says he will continue to
live in Atlanta and if he cannot sell
for thirty-five years, and has endear- blowing up
ed himself to all of the Catholics and ' mite.
to destroy BIsbee. Over 200 hous
the residence district were destroyed. The
(flames were Anally got under control by
some buildings with dyna- j whisky will sell something else.
Reports from Augusta state that two
many of the Protestants here. He has
married many couples and married the
children of some of those whom he
joined in matrimony years ago.
of Theodores I. Estes, who was killed,
issued the following statement to
night:
“The statement in the press todav
that M. K. Estes would qualify as an
administrator of Theodore I. Este:
Part of the business portion also was of the largest potteries in the StaP-
destroyed. the Are started from a gaso-i f, a ve gone out of business on account
line explosion in the Colorado Hotel. | of the cancellation of orders for jugs.
INJUNCTION CONTINUED TENNESSEE'S ANTI-RACE
IN RAILROAD RATE CASE GAMBLING LAW VALID
ASHEVILLE, N. C„ June 29.—A de- j
cislon was rendered in the United ; MEMPHIS. Tenn.. June 29.—The State
States Circuit Court this morning in ( Supreme Court, in session at Jackson,
the case of the Southern Railway and j Tenp y, today, declared the anti-race
the Atlantic Coast Line against the gamblin'? law passed by the last Legis-
Xorth Carolina Corporation Commls- ]
lature. to be constitutional. This
Ion will prevent the proposed race
being interviewed in this connection, j mon, which would have
said: I Theodore Estes of the charge of as-
“The conclusion of the jury to the ; sault and established the fact that no
assault was committed.”
Hall's energetic fighting
Indicted for the effense In the count? failed to get through.
Preeidential Appointments.
OYSTER BAY. June 29.—President I effect that no assault was committed.
, Roosevelt today announced the follow- was absolutely correct.”
Halls Ideas as to the cored and con-j ing appointments: Judge Loving and his wife will re- Negroes Fear Riot,
stitutional method of dealing with this Philip M. Brown, secretary of em-lmain here for several days, before re- ATLANTA, June 29.—There was
question. bassy at Constantinople; Peter Au-' turning to their home in Nelson well defined report of the*existence of
For practically ten years Mr. Hall ! gustus Jay, secretary of embassy at ‘ County. j fear among the negroes of South At-
has been hammering away at these j Tokio. Miss Elizabeth Loving will leave lanta today of a riot tonight. The
reforms, and most of them the legis- [ The President signed the application yhortlv for a visit to friends in a dis- fear is said to have grown out of the
lature has had opportunity to pass; of Medical Inspector Presely M. Rixey tant State, ip order to esape the no- Inauguration of Governor Smith and
half a dozen times but with all of Mr. ; to be advanced to the rank of medical toriety incident to the trial of her the advent of the disfranchisement
ONE MAN WAS KILLED;
FOUR FATALLY INJURED
CRESTON, O., June 29.—One man was
killed, four others probably fatally hurt
and seven more seriously Injured as
appeal from a Memphis court
which declared the law unconstitutionnl
on the ground that the caption of the
law was defective.
auiiiuuou ftiui Ui -J- iicuuvi u a. lv’, t . . , , iuji will jji r >t in
deceased, and enter suit against Judge to prevent the enforcement of the ingrs at Memphis and Nashville.
Loving, is a mistake. Neither Mr. ; reduced rate enactments of the State | case was brought to thc Supreme Court
Estes nor any member of the family ' Legislature. Judge Pritchard announc-
ever contemplated a suit against that he would continue the injunc-
Judge Loving. We had hoped that the i ^ on pending the taking of evidence by
court would admit the evidence of the Judge Walter Montgomery, of Ral-
commonwealth as offered by Mr. Har- standing master in chancery for
vindicated ' the eastern division of North Caro
lina. The cases of the Southern and
other roads against the corporation
commission of Virginia will be heard
Monday morning.
FIVE TRAIN HANDS AND ONE
PASSENGERT HURT IN WRECK
WATERVILLE, Me., June Five
train hands and one passenger was in
jured this afternoon, but no one was
killed, in the wreck of train No. >2?.
known as the east bound Harbor
Express on the Main Central Railroad.
The wreck occurred about half way be
tween this city and Oakland. The mail
result of the caving in of a bank of a cut j and baggage cars, two Pullmans, a din
{-
they
have ''director. Dr. Rixey now holds the po- father,
sltion of surgeon general of the hw-' ^
on the Wheeling and Southwestern Elec
trie line near here today. Tlie name of
the man killed outright was J. Calengo.
Ing car and four dav coaches were dar
aged. The train was late and was run
ning at a high rate of speed when the
1 plan. So far nothing Of the kind tuus 1 an Italian. The names of the - injured i tender jumped the track, the car# fot-
V. Swanson, a brother-in-law I materialized* |mm not been learned. towing.
1 ITTD