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r~r- 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