Bulloch times. (Statesboro, Ga.) 1893-1917, November 05, 1897, Image 1

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THE BULLOCH TIMES *' • VOL. VI. NO. 24. GOY. ATKINSON’S MESSAGE Governor Atkinson, in his message, which was sent to the legislature yester¬ day, makes a sensational arraignment of tnab and lynch law. He dflfea not hesitate to declare that Ihhocent men have been lynched during his administration and as one of the remedies for mob violence asserts that a prisoner when assailed by a mob should Toe given a weapon by the officer in charge, be unshackeled, and be allowed to defend himself. The governor's comments are at consid¬ erable length and are extremely striking. He says that any woman can have a man murdered by a mob by simply de¬ claring that he had assaulted her and that under mob rule life cannot be safe. He makes a strong plea for law and or¬ der and asks the passage of an act un¬ der which counties may be sued and verdicts of not less than $1,000 be obtained by the heirs of any man killed by a mob. The governor sets forth his views on the convict question as already printed in full in The Journal. Among other things he advocates put¬ ting street railway companies under con¬ trol of the railroad commission. Stripped of purely routine matters, the message is as follows; • . NORTHEASTERN RAILROAD. On the 28th day of May, 1896, after ad¬ vertising for bids as directed in act au¬ thorizing a lease, the Northeastern rail¬ road was leased to E. A, Richards & Co. at the sum of $18,600 per annum, payable quarterly, for a term of 20 years, from the first day of June, 1896, and a bond taken In conformity to law. The rent was paid for two quarters. When the rent for the third quarter fell due on the first day of March, 1897, it was not paid, and when two months’ time, in which they were permitted under the law to pay this, had expired, the rent was still unpaid. By virtue of authority vested in me I then seized the road and have since oper¬ ated it for the state under the direct management of Hon. R. K. Reeves, who was appointed by me state agent. I submit herewith a statement showing the net earnings for each month for which report has been made to me: May........ ? 742 98 June........ 751 50 July........ 1,143 43 August...... 1,374 47 September.. . 2,000 00 Total $6,012 44 The months covered by these reports are the hardest of the year, but it is grat¬ ifying to be able to state thal they show an increase over the earnings in the same period when previously operated by the state. Under present Conditions we can safely rely upon (the net earnings of) the road earning a good income ort the sum at which it was purchased by the state, to wit, $100,000, and Jt will of bonds more than issued pay In¬ terest on the series to re¬ tire the $287,000 of bonds on said road, up¬ on which the state of Georgia fras en- As this is a short and dependent and in view of possible changes in rarlipoa d sit ua tion which might impair and L^jpossibly destroy"its passed value, I } that an act be authorizing governor, at his discretion, to offer it S cale whenever. In his opinion, it can be ~ sold for the amount of the bonds issued by the state to cancel the series above mentioned. RAILROAD COMMISSION. Your special attention is called to that part’of the report of the railroad c.opnmls siou€j*s in which legislation la recommend¬ ed to ehl&rge their powers, and to better enable them to enforce their decrees. These recommendations, briefly stated, are: C(y6troVol issuance of stocks and bonds of railroads. oomVnission Removal of all doubt of authority of the to require the erection of de¬ pots, and additional power to require the construction of sidetracks. Power to regulate the interchange of freights and cars in order to secure to shippers the right to route their goods a,n<f to prevent discriminations. Speedier methods of enforcing the or¬ ders of the commission to compel rail¬ roads „to immediately accord to the public rights'which are due them. A ft#? asking for this legislation the commission adds: “We have exercised, and are now exer¬ cising, all the authority that has been granted us. Our experience, and the com¬ plaints cdntinually received from the peo¬ ple* clearly Indicate that the additional authority recommended is necessary to their protection. If they expect relief in the'sA particulars they must look, not first ito this commission, but to their senators and representatives whom they elect to the the general to assembly, authorize and the who commission alone havs t® power correct the ills complained of.” You cannot be too careful in legislating upon the subject of railroad control. A wise and rigid control of these properties is <Tf the utmost Importance to our people, and is essential to tho growth of our com¬ merce. STREET RAILROADS. ' I advise that the authority of the rail¬ road commission be so extended as to give them power to regulate charges on street railroads, and exercise such control over them as may be needed to give good'ser^ vice to the.public, and adjust disputes be¬ tween them and -the public when made by any party Interested, or by the author¬ ities of the city in which such street rail roqd may be operated. The sole power to determine those questions should not vest in the street railroad corporations. The authority to pass upon them should be vested in some tribunal, and that tribunal should not be in the control of, or created by, those directly interested in the questions to be submitted to It. TELEPHONE -SYSTEMS. The railroad commission now has juris¬ diction over railroad, telegraph and ex¬ press' companies. The s-ame reasons which induced the stable to’ give them authority over these, demand that their power be so extended as *to bring under their control all tele¬ phone companies. The charges shouid made by telephone com¬ panies be fixed by the commission. In ffir'S&TS ference of the state ln behalf of the citi¬ zens. Ea-cfeof these companies are what are •usually termed natural monopolies, and should be controlled by the government. , ; jr,jt>yCATIONAL INTERESTS. There has been a constant and marked improvement fn our common schools. Ttve steady and graduai increase ia the appropriations for their maintenance h.s permanent schools, arousing greater ln tefsssf among the people In education, improving the character of schpol bulid ings *nd increasing the efficiency of teachers i« * ■ * J&is*campaign against ignorance our columns should not retreat, but move at easily to the front, until the enemy is vanquished and the banner of light. knowledge and virtue floats tn triumph ovef tfhp fipjji UNIVERSITY OF OEOROIA.. . TS«:e«os--» *f tt# fi»ta %r# te D gratulated tipoh the eVet* ihefeasing pros¬ perity and Usefulness bt theif university, With the increased boom ahd facilities furnished by your late appropriation thereto, and the purchase of the new farm, if assured of permanency of its income* its still greater uaefuihess can not to be doubted. On the 7th of October last two hun¬ dred and sixty-seven students had been registered. Of theiti sixty-five per cent, are members of various churches, to wit: one hundred Methodists, Presbyterians, eighty-one Bap¬ tists, thirty-eight Catholics, thirty Episcopalians, five six Jews, three Christians, one Lutheran and one Unitarian. Of the fathers of those stu¬ dents. seventy-eight are farmers, forty four lawyers, forty-two merchants, nine¬ teen doctors of medicine, nine bankers, six teachers, six preac-hers, and eight In¬ surance men, besides various other oc¬ cupations. For further details you are referred to the annual report cf the chairman of the board of trustees, submitted according to law. GEORGIA SCHOOL OF TECHNOLOGY. I am pleased to note the increased at¬ tendance at the school of technology. The two hundred and twenty-five students now there give evidence that practical educa¬ tion is receiving serious attention of our people. The school offers scientific courses of high grade In mechanical, elec¬ trical and civil engineering. The new dormitory is filled with stu¬ dents who are under wholesome regula¬ tions and protected from evil influences by the supervision of the authorities. A high standard in scholarship and skill in shopwork is required, and the school takes rank with the best technical Insti¬ tutions in the country. Georgia, being near the center of the cotton growing area of the Union, should provide for the instruction of her sons in the manufacture of cotton gdods. New England has takefi steps in this direc¬ tion for the protection and advancement of her manufactures. The textile schools which have been established at the north are bound to militate to the detriment of our own cotton industries unless they are met with similar institutions in the south. A department of textiles should be added to the School of Technology tor the purpose of giving our young men the opportunity of becoming experts in the manufacture of cotton goods. I am as¬ sured that such a measure would re¬ ceive substantial aid from many promi¬ nent firms and citizens, and on account of the present excellent equipment of the school, the first cost would be reduced to a minimum. NORMAL-INDUSTRIAL COLLEGE. This institution, whose curriculum em¬ braces a literary, a normal and an indus¬ trial course, is doing a great work for the state by supplying its schools with well educated, trained teachers, develop¬ ing the brain and increasing the culture of her daughters, and rendering them capable of being, when necessary, self sustaining and independent. So great Is the popularity of this col¬ lege that had Its accommodations been adequate it would have in attendance 600 st udents. Several hundred applicants were un¬ able to gain admission at this term on ac¬ count of the limited accommodations. The course of study in the normal de¬ partment is considerably in advance of the examinations given applicants for first grade license in our common schools. Under existing laws the graduates of the North Georgia Agricultural and Me¬ chanical college at Dahlonega, State Nor¬ mal school at Athens, Middle Georgia Agricultural apd Mechanical college at Mliledgevibe, Gordon institute at Barnes ville, schools are permitted to teach in the com¬ mon without further examination. I therefore recommend that the same right be acoorded. the graduates of the Georgia Normal g,nd Jndtfsfrlaf college. STATE k6 MAL SCHOOL. This school has 'become a ver ry valuable part of our educatjonal system and is worthy of your aid and encouragement. In the management of various public institutions It has been'found of great advantage to the institutions and a relief to the officers in charge to have some of the trustees located so as to be accessible to the institution. It is not advisable to cnange the personnel of the present ex¬ cellent board of commissioners who are charged with the Immediate control of die institution, and as their present num¬ ber, five, Is rather small, I recommend that the governor be authorized to ap point, from the county of Clarke, two ad¬ ditional members to said board. DAHLONEGA COLLEGE. I enjoyed the pleasure of attending the commencement exercises of this very ex¬ cellent Institution, and gladly testify to its usefulness. It is doing a magnificent work for North Georgia, and deserves the encouragement which it has received at tne hands of the general assembly. The governor recommends the appoint¬ ment of a state penitentiary agent and that bids be received for all the state's purchases. He recommends that the state treasurer be authorized to lend out the sinking fund of $100,000 on the state’s bonds. The governor makes war on bucket shoals. He says: “The evi'l that Is bedng inflicted on the State by the operation of what is known as bucket shops is incalculably great. The possibilities of great wealth with which these places allure their victims are well calculated to mislead and en¬ trap imen eager to grow rich, and is a tempting bait especially to young men. Lives are -being constantly wrecked and fortunes squandered by these tempters. The material and moral welfare of the state demand that the bucket shops be suppressed.” On election laws the governor says: Daws regulating elections should effect¬ ually prevent fraud, and so guard the right of the elective franchise thtat the destiny of our state will be entrusted only to those citizens whose toaHot is unpur chasaible. • * * The amount of money which can be used by a candidate before the general assembly should be limited, the purpose specified by law, and the successful candidate should be required, before he assumes the duties of his office, to exhibit land file a sworn itemised state¬ ment of expenses which should not ex¬ ceed the amount allowed by law. For a violation of this law he should forfeit his right to the office to which he is elected. The proposed measure should be suf¬ ficiently comprehensive to specify the purposes for which money can be used in a campaign in a party primary or final election, and free officials from that obli¬ gation, which is Incurred by personally receiving from others a contribution to aid in securing an election. If, for instance, candidates for the office of solicitor general. Judge and United States senator are permitted, by direct contributions. «to place candidates and the party authorities. In the respective coun¬ ties, under direct obligation to them by contribution to campaign fund, it will de¬ grade political life, put capacity and worth at a discount, and make money t'he test of merit. The influence of money in politics is already too great, and should be promptly reduced to a minimum. All contributions for political campaign# should be made direct to the party offic¬ ials, and no man, not a resident of a county, should be permitted to contribute to the county election. To prevent undue Influences of money from this source, such contributions should. In congression¬ al campaigns, be given to the district committee, anff to atoto empaton* to to. state committee, to be by them expended where they think best. THE INCREASE OF CRIME. The Increase of our prison population is a matter for serious consideration. In 1*3 there were only 39S convicts In our peni tentlary; 10 1871 ' ^ in H6: and ”° W there are 2,357. TMs, of course, does not numbering about T.860. The number 4n the penltenttery would be even larger but for legislation by your predecessors, under ih f J provisions of w " hkrh a large 'wn number who were convict ^ cf . f fek>ny ha * ^%ent %ent to to <*e tfce county county ehalngangs. ' . In 1871, 15 per c-/nt. y of lhe convicts were whKe, and lo rm * per cent. *re *Mte. STATESBORO, GA., FRIDAY, NOVEMBER 5,1897. During this period the blacks in the penitentiary haVe increased flOO pet cent. While the increase in White convicts has been small, our penitentiary the ranks has of been the rapidly replenished from number of colored population. The con¬ victs in recent years is touch larger Phan just after they were given their freedom. More were received into the penitentiary in the year 1896 than In the years 1869, 1S7G and 18?i combined. The whole num¬ ber of convicts received from the estab¬ lishment of the penitentiary, March 10, 1S17, to October 26, i860, a period of 49 deceived and 7 months, was 2,029; total Hum brr during the fohr years, 1894-6- 6-7. was 2.307. show the The following table will com mitments to th< e penitentiary for tne last eighteen (18) years: COMMITMENTS FROM 1878 TO 1896. Two years, Oct., 1878, to Oct., Oct., 1880...... 1882.. ^33 r.sf Two years, Oct., 1880. to Two years, Oct., 1882, to Oct., 1884.. . 696 Two years, Oct., 1884, to Oct., 1886.. 777 Two years, Oct., 1886, to Oct., 1888.. 775 Two year3, Oct., 1888. to Oct., 1890.. 966 Two years, Oct., 1S9.3, to Oct., 1892.. 1,090 One year, Oct., 1892, to Oct., 1893.. 711 One year, Oct., 1893, to Oct., 1894.. 638 One year, Oct., 1894, to Oct., 1895.. 635 One year, Oct., 1905, to Oct., 1896.. 628 Total tor 18 years......... ....... 7,747 This result lias been reached In spite of the fact that in addition to what has been done by towns and cities support¬ ing local school systems, we have spent within that time about four million dol¬ lars in nn effort to educate the colored people that they may become better citi ZCTJS. The governor adds: The best of the race Intellectually axid morally should be selected to teach in public schools. The law should require the school authorities to look closely into the conduct and character of each ap¬ plicant before license Is granted to teach. This provision should apply alike to white a.nd black, tn every Way possible we should endeavof to improve the morals of the people by imparting, through the school room, correct principles and pure morality. The teacher should not only train the mind, but build noble charac¬ ters. CRIME AND LYNCHING. The gxaveT crimes are of alarmin-g fre¬ quency and more seriously affect that portion of our population who reside out¬ side the towns and cities. In these sec¬ tions, frh* crime of burglary, arson and rape have become more frequent than in the years of disorder which followed the civil war. The frequency of the offense of rape htas become alarming in the extreme, and seriously interferes with the security and oocGifort of living in the country. There are now dn the penitentiary 78 convicts for assault to rape, and 81 for rape. Of all crimes known to our law these two are the most villainous. Their fre¬ quency has terrorized the people residing; in rural districts, and so aroused their fear and resentment that it has been Im poasdble 4n many of these cases to induce them to await the action of the courts. Since November 1, 1894, there have been 12 negroes lynched who were charged with rape and assault with intent to rape, and one white man who was charg¬ ed with nape. In addition to these, there have been seven negro men, one neg;ro woman and one white man lynched who were charg¬ ed with other offenses. Total tor three years 22, or a little more than 7 per year. These occurred in the following counties: Appling, CMnch, Dooly, Habersham. Mon¬ roe, Montgomery, Muscogee, Talbot, Col¬ quitt, Twiggs, Jasper, Calhoun and Bibb. It is the duty of government to protect Its citizens, and to.ck* all that can pos¬ sibly be done to prevent the commission c»f not only the offenses which have pro¬ voked the people to resort to such a rep¬ rehensible remedy, but afll offenses, charged aqd to guarantee to every citfzen jwith a crime a trial before an impartial tribunal, as guaranteed by the oonstttu / In the discussion of lynching, let it be clearly understood that It Is not a ques¬ tion as to whether or not those guilty of crime shall be punished, but whether or .not the Innocent shall escape. Not a ques¬ tion as to whether tho gulky shall be punished, but whether or not the act of punishing shall multiply criminals. In a free government'like ours there is no excuse (for lynching. If there ?s evi¬ dence to convict the courts will punish; if there is not, punishment should not be In¬ flicted. The courts of our state can be trusted to punish the guilty and protect our property, our persons, and the honor and virtue of our women. I am deeply concerned for a remedy for this evil that we may save from guilt the men Who engage In it, and protect the In¬ nocent, who are too often sacrificed. TRIAL BY MO$. The mob is not a safe tribunal to Justly determine any cause. Not long since in this state it is said • hat a mob, which had gathered, failed to take action because of a division in their own ranks . . one portion wishing to hang a man who had not been tried and the other, to liberate one who had been tried, heard In all the courts and sentenc¬ ed to be hanged for murder. The mob Judges without a full and con pi ete hearing from both sides. Its mem¬ bers are not the most capable C(f Judging. It decides in passion and, too often, in whisky. How can it fail to make mis¬ takes and sacrifice the lives of the inno¬ cent? I feel the more deeply upon this ques¬ tion because from the best information I can secure, I believe that during my ad¬ ministration there have been in this state several men lynched who were not guilty of the crimes with which they were charged. How many, can never be known, for their tongues are hushed, and they are denied an opportunity to prove •sheir Innocence. I am informed that one man, whom the mob believed to be guilty, was shot down. A question then arose as to his identity and he was salted down like a hog, Shipped to the location of the crime and found to be the wrong man—an innocent man. When an Innocent man is lynched for a crime it serves to protect the guilty. The members of the mob. their friends, and sympathizers seek to impress it upon the community 'that the right one haa been punished and the guilty goes unsought and unsuspected. Even during this year, evidence has come ,o HSM showing that in several states vict.ms of the mob have been innocent men. During my term of office one man, who was rescued from the mob, was accorded a trial which re suited in showing that he was not guilty of the offense with which he was charged. Another fled from the mob o the execu live office and M..eu for protection and a trial it developed by Jury- that Thjsjr be was w r not s gutlty of • the ch “ r «®. for whlch tl)e m b endeavored to itake ms lire* . or To wi what be used ''*■ ^ for purposes n “ J her than *?*” the aii;,god reason gLV cn to .he public, will never be known. In one Instance, not long ago. it was stated and accred Ited that a man who had been charged h r pe nnw'rf n-u When ,a the truth , became known u it i brought to j'shf the f “t that tl e p rpo e in preferring the charge was to have him lynched in otter « U PP™» >'« the prohibition law. In another Instance 'seaped The »oh “which JS?to pursuit and established thj fact that feat'the^UartlOB pa " iC 9 ^ e " ^ C ^ Jf lt • debt Had the . hc !d haV e been oues importonre "d? adhering to tew.'and of r so iegrdatlng as t,, suppress this ev iJ ; an f guarantee lo € j ' ^ ® Wlth , crime a fair ar.a impartial trial. Responsibility tor the crime rests not on»y up® * p< i_ the crime co . mmun and ^ y ^mita a^ t^erat^ oar _ a it it an <* W>n legislators wno reruse io enact laws to suppress It. ii can and will be stopped when the ter element Mo deprecate mob tow af- gressively condemn and determine to sup¬ press the practice. that the north¬ It is no excuse to say ern people, who have less to provoke them to it. lynch. Get us not take their as a standard; but rather show a higher type of <ov5' ! T**Hr»n in f ””‘ «**'** “r- ♦ here a standard to which they may as¬ pire. » LYNCH FOR WHAT CRIMES. Lynch law has not been restricted to cases where the charge was an outrage upon a female. In Texas a man was lynched simply to suppress his evidence; In Kentucky because he was objectionable to the neighborhood, and in Indiana five men were lynched for burglary. In our state, in the last three years, seven men have been lynched for murder, and one man and ohe woman because they were suspected of arson. WHEN CHARGE IS RARE, Even had It been confined to offenses committed upon females it could not be justified. To adopt It, in these cases, is to put the life of every man in the power of any woman who might for any reason desire his death, When such crimes are charged the passion of the people is more deeply stirred than by any other, and the mob is quick to act. Yet viewed from the standpoint of rea¬ son and not of passion, there is less ex¬ cuse for lynching ih such cases than in any other. Delay cannot be given as a reason, nor a fear that Justice will be de¬ feated. At Monllcello and Columbus the men were taken out of the court room during the trial and lynched. In most cases they are taken from the custody of officers of the law, when they know that court will convene and give a speedy trial. For this offense, above all others, the courts are quick to try, and if guilty, the juries certain to convict. It is not then that they fear delay or the acquittal of the guilty, but It Is a de¬ fiance of law. It is a desire to substi¬ tute passion for evidence and vengeance for Justice. There being no excuse to be found for fear cf either delay or failure of justice, but one reason is left, and that i9 the ob¬ jection to the outraged victim having to go into court and relate the horrible story. That this is a terrible ordeal, every one must concede, but human life must be valued even above thi3 trial. She would undergo this trial, not as a sacri¬ fice to the guilty, but to conform to the rules of law, which centuries of experi¬ ence have demonstrated to be absolutely essential tor the protection of tne inno¬ cent. The truth cannot be had save by having both sides heard before an im¬ partial tribunal. To remove this objection, however, our law provides that, on such occasions, the judge may order the courtroom cleared of all save the jurors and lawyers en¬ gaged in the case on trial. There is, therefore, no Justification nor excuse for a resort to lynching, even in .his class of cases, when the defendant is charged with the most dastardly and horrible of crimes. No man doubts in these cases that the law will punish the guilty, and if he did, he could not find a remedy by making a murderer of himself. The remarkable (act exists that In a ma jorlty cf Instances the party lynched Is taken from the custody of officers. I can understand how a near relative of -hhe victim of the lust of a human brute who see, before h!tn the man whom he be I!eves has comm tied the outrage, and in the heat of passion, ^ay, h.rn, can enlist the interest and sympathy of a oomraan. Ity: but how any one can fall to condemn x-xr -f j’S’Xp 2EK comprehension. EFFInCT OF LYNCHING. and worthy ■ places where taw Is sdptnuu chofStw." , quent occurrences of lynching will ad vtrlise ours as a lawless state ahd ajs a balf-civilizod people. It sacrifices the Innocent, brings law into disrepute, creates lawlessness, im pedes material growth, ’ and in the eyes of all ,, tne .. world ,, , lowers the a.andard . . . of . our civilization and degrades the character of our people. This barbarous practice does not de crease, but increases crime. Having stained their hands In blood, its perpetra tors are more easily led to again violate law. Recently a man tried on the charge of murder and convicted of shooting a citizen through t-he window, as he sat by his own -hearthstone at night, confessed also that he it was who tied the rope around the necks of the two men who were lynched In Columbus In 1896. Icon demn it and will not apologize tor such lawlessness. To exlerminaie the practice it must be made odious and dangerous, The penalty should be the scorn ctf the people and the punishment of the law. DUT\ Ob DEMOCRATS. There is no room for debate upon this question. If there is, there is none for Democrats. With them the question is settled. There is bu‘ one position the members of that party can take. In the campaign in which the members of this general assembly were elected, the Democratic party went to the people up7 on a platform adopted by the state con van Hon In which this declaration Is found , to.vrlt: “Resolved, That we deplore and de nounce Jynchings and favor the en¬ actment of such laws as will effectually prevent the same." I now’ ask the men who were elected upon this platform to enact Into law pro¬ visions which will in good faith meet the requirements of this declaration. I do not believe that you will daily with this question, or pass laws which will be In¬ effectual. The Democratic party owes It to the people to live up to the pledges which It made to induce them to entrust it with power, or to come ooldly to the front and admit that it wilfully and deliberate¬ ly deceived to secure votes, and is un¬ worthy the confidence of the people. Your action Is to determine whether or not this condemnation can be truthfully uttered. To be honest Is as much the duty of a political party as an individual. Let the remedy which you apply be heroic and severe. THE REMEDY, In murder cases the complaint 1s that the oases can be too easily continued and justice unnecessarily delayed. 1 am not «n advocate of hasty trials, but of prompt °” e ®* , No . ° ne ?^ 0U A^ be .MS rUs,iied into it a whKe heat and a falr )Tlal impossible, Th(J law shouid ln all oase5 perm i t the fW , rl on motlon o{ the defendant, or on jtg QWn mo .,on. or on motion of state at. torney , to change the venue to any county , n the gtate Ia determining whether or n0( (Q ord< . r a chanr e of venue, the Judge f . hould be aut h orlze d to exercise a very broad discretion and act upon all knowl edg{ , tha , he mlght poss ess bearing upon the questiop If , ln hls opinion, a change or venue is necessary to secure a fair and impartial jury, ' he should order the ( . hange _ an decision should not be rev!ewed by thc supr( . me court. The au- 1horSty o{ lhe flrc uit judge in such cases ehouM be made plain and ample, and ali douM removed to powcr of t . he gu . preme court to review hls decision, Thls change in our law i believe, Is the flrst g ‘ necessary to secure, ln all cases, nromn . nd , rla i, in some Instances It is difficult to S€ th^irtnttr.rof'eontteua'nces. ,, KJtl ons to continue, denying to the »u STn'ueged to grant a new error in so ,loinK Th,! circu11 J,lrt * e who knows ,he m^ion™",^ '*£&' ™ ’’fl"Ttey^onte ^, i ' a tr , lr u Just verdict can be had without further delay than «u Dr enu* court Every practioneer knows that thc rigfrit of continuance is the most abused of all rl * ht * ******* ** the law in court pro cedures aad ih my 0 p Jnlon the clrcutt Judge wlll cotT€Ct ltie abuse if empower tn <in *ur, “ -pj p W which gtees the defendant more peremptory strikes than the state *hoqld be >o amended as to give eacn party cue same number. Under the existing law power is given the defendant to object without cause to so many jurors that he can. in many cases, pack a Jury in his own interest. X have heretofore recommended to the general assembly, and again urge upon you. that the law be so amended as to punish assault with intent to rape with death unless the punishment be reduced upon the recommendation of the jury trying the case, just as it may be done now when the charge is rape. Those who commit these ofTenses de¬ serve to be punished under the same law. It has been insisted by some that the way to stop lynching is to provide for the prompt punishment of all who com¬ mit the crimes which provoke it. Neither the Jaw’s delay nor the failure of justice can be given as an excuse for lynchihgs in rape oases. In dealing with the offense of rape In our courts there has been for the guilty no delay and tio escape. Courts are promptly called, trials had. and Justice quickly administered. In stlch oases the men whose names are in the Jury boxes in Georgia can be relied upon to convict. The evil will exist for a long time, if not disturbed, until public opinion is ed¬ ucated to the point where the condemns-] tion is sufficiently Intense and unanimous to make it impossible. It is therefore necessary that without waiting for this slow process, the major¬ ity representing law, order, justice and civilization, pass such legislation as will repress the lawless element and secure, the reign of law. The certainty of prompt trials alone will not end lynchings. The but delay of the law is a favorite excuse, it Is not the real reason for its existence. Other legislation is needed to aid in checking it. The arresting officer is now clothed with authority to take the life of the assail¬ ants when resisting their efforts to take a prisoner from his custody, and, and it is his duty to take life if necessary to protect the prisoner and retain him in custody. This he should be required to do at the hazard of his own life, or the prisoner should be unshackled, armed and given an opportunity to defend himself. The knowledge on the part of the mob that this would be done would deter it from pursuing its lawless purpose, and the law would be permitted to protect the innocent and punish the guilty. That it may be ascertained whether or not the officer having the prisoner in cus¬ tody does his full duty in every instance, I recommend the passage of a law re¬ quiring a thorough investigation in every case and providing adequate punishment when he falls short of the full measure of his duty In protecting his prisoner. When this is done he should be ineligible to elec¬ tion or appointment to any office until his disabilities are removed by the general assembly. The administrator or family of a party taken from the custody of an officer and killed should he authorized to recover from the county the full value of his life, which in no case should be less lhan $1,000. This provision will not only, by appea iinR to selMnteresta, make the stronger influences In each community active In opposition to lynchings, but up on principle, Is but doing justice to the ( am ijy 0 f the v'etim When the state takes char of a prls0 ner It Is Its duty , 0 protect Wm agaln8t all dangers save .y u , jwna |ty 0 f the law inflicted for the wlth which he Is charged, and for { u Keils^vsw t d o#o. It Is just for damages to ? ssk surrender him to those who seek his Ufa n violation * '•,'Simation of law, without justly incur to pay . 'jnages there- THE CONVICT QUESTION, The governor's message so far as It re lates to the convict question ha* been al reJ *dy published in full In The Journal, The governor -holds that-the mlsdemea nor convicts should remain under the con trol of the counties and that the camps ghould bc regular i y inspected by an officer 0 f t he state. The governor reiterates his declaration made to the Democratic convention when he was nominated, that he would veto re-establishing the present lease jj e opposes working the convicts on the county roads. The governor proposes the creation of a commission which shall be in full control, He wants a tract of land on which the ^oya, women and men who are not able , boiled A . , shal ... . be main alned. Able-bodied convicts he wants hired out for a term of five years under control of the state. Meanwhile he would with the labor of the other convicts build a central penitentiary. The final disposition of the able-bodied convicts he would leave to be aisposed ttf at th * expiration of five years, pt nn provides for a reformatory for hoys and girls. ^he governor also recommends the orea jj on a tyjard 0 f pardons and urges some j aw w nich will equalize the assessment of taxes He a i B0 urge s the return of $240 which M,ss IJla , M M * J1 owe ‘ 1 nJlld P aI V fnr the ptate of ° Georgia as the state’s share toward , , the Cowpens monument, “BUD” FULLER ON TRIAL. Charged With Attempting to Murder Ilia Child by Starvation. “Bud” Fuller was placed on trial -t Atlanta Monday before Judge John S. Candler in the superior court on the charge of attempting to kill his little son, Render Fnller. The case is a very uiiffsual one, the father being charged with leaving his helpless child in the woods to die of starvation. Owing to the demurrer which was filed by Fuller’s attorneys to the orig¬ inal bill of indictment Solicitor Hill drew drew up another bill which was approved by the grand jury a few day' ago. MUST CEDE TEN FEET. government Having Trouble with I.enf Owners »t Clllckninnuga Park. The Chickamattga park commission¬ ers have been notified by the war de¬ partment that unless the property owners in Walker county, Georgia, abutting the proposed of government construc¬ road now in course tion to Lafayette, cede thc govern¬ ment the additional ten feet required to make the road forty feet, in uni¬ formity with all the other roads ap pToaching the park, the work rannot sneeeed. A large number of owners have ceded the necessary right of way. but many of them are holding hacl •ad have declined to do so. WON'T RECOGNIZE MERRY. Uncle Sum*, Representative Beta Cold Shoulder by Nicaraguans. It is understood that tlie diet of the Greater Repnblic of Central America now in session at Managua, Nicaragua, has refused to agree with the argn me its put forward by Secretary Sher¬ man in support of the appointment of Captain William L. Merry, of San Francisco, as minister of the United Stetcs to Nicaragua, Costa Rica and Salvador, while partly recognising the claimed in certain quarters tP is step is taken in order to M he United States government, if e, to fully reeognixe the diet. 01)B LAW-MAKERS (JET DOWN TO WORK IN EARNEST. BILLS PROHIBITING FOOTBALL. A Brief Summary of Kach Day’* Pro¬ ceedings In the Hour® and the Senate. Thursday's Proceeding*. The second day’s session of the house was a dull one, and the proceed¬ ings were in striking contrast with those of Wednesday. The only dis¬ cussion of consequence was over a bill to provide for thjp sale of equitable in¬ terests in property. This measure, by Mr. Felder, was favorably reported by the general judiciary committee, but Mr. Fogarty objected to it until pro¬ vision was made for recording bonds for title, and the bill was recommitted, Mr. McCook’s bill to prevent the hunting or catching of o’possums be¬ tween March 1st and October 1st, was taken up with a favorable report from the committee on agriculture and passed l>y r a vote of 109 to 15. Mr. Folder, chairman of the general judiciary committee, submitted a fa¬ vorable report on the bill prohibiting the reporter and stenographers of the supreme court from practicing law. This favorable report was adopted. A few local bills were introduced in the senate Thursday, and the follow¬ ing bills were taken up for a third reading and laid on the table: A bill to amend the constitution as to the election of judges and solicitors geueral of the superior court; bill to enlarge the powers of the railroad commission; bill to authorize the state school commissioner to grant perma¬ nent licenses to graduetea of the Nor¬ mal aud industrial school of Milledge ville. Friday’* Proceeding*. The majority of Georgia’s law-mak era left Atlanta Friday for Nashville and spent Saturday taking in the sights at the Centennial. Both houses ad¬ journed at noon Friday. The house met at 9 o’clock and be gan the reading of bills for the first time. Among them was a bill by Mr. ’Felder, of Fulton,, providing for nu¬ merous and important changes in the city charter of Atlanta Mr. Henderson, of DeKalb, intro¬ duced a bill calling for the changing of the county site of DeKalb county from Decatur to Stone Mountain. The question that the county -site was es¬ tablished permanently at Decatur by the act creating a comity site for De Kallc county will bgsettled if the bill is passed, as it provide#,/or the repeal of all conflicting laws. By Mr. Blalock, of bavetbe Fayett^ that the state treasurer shall autno^mr to draw upon any funds of the state the 1st day of April of each yeafin the mi the same to be -iwed for the imyment of school teachers and to be paid back by the school fund. At 12° dock the house adjourned until m o clock Monday morning. * nday morning’s session of the sen ate was short and devoid of interest except the passage of Benator Grays catt e steaUng bill. Ihis bill was introduced early dur ing last year’s session ami was report ed adversely by the general judiciary committee. Benator Stewart, of tho Twenty seventh, introduced a resolution tliata joint committee of five from the sen¬ ate and ten from {lie house be appoint¬ ed io visit the state normal school at Athens, to investigate the work that is beine done, and to make such report as they deem proper to promote tho best interest of that institution, Mmitlny’H I'roceediiig*. Tho legislature took cognizance of last Saturday’s football tragedy in At¬ lanta in two measures agaiust the game, a bill‘in the senate and a reso¬ lution iu tho house. Mr. Awtry, of Cobb, offered the following joint reso¬ lution: “Resolved, That it is the sense of the general assembly of Georgia that the game of football should be prohib¬ ited from all schools and colleges re¬ ceiving financial aid from the state. Resolved, further, That the trustees of the Btate University be requested to have said game of football prohibit¬ ed from the university at Athens and from the various branches of the same. ” It was referred to the committee on education. The most important measures that came before the bouse Monday were Mr. Kevin’s new bill for a constitu¬ tional convention, explained in his in¬ terview, and Mr. Boynton’s bill to make taxes due a month earlier, on November 20. The latter came tip on (bird reading lmt failed of a bouse ma¬ jority for the committee report and was temporarily tabled after reconsid¬ eration by the house of its adverse vote. A bill to make a roster of confeder¬ ate veterans in each county, after some discussion, failed of a majority, but notice to reconsider was given. A number of minor bills were passed. Air. Felder, of Fulton, introduced a resolution, which was passed, thank¬ ing the officials of the Western and Atlantic railroad, the Pullman Palace Car company and the Tennessee cen tennia! for courtesies on the trip of the legislative delegation. promised A legislative sensation is in the way of a bill for the election of the state librarian by the legislature, The bill has been prepared and will be introduced. President Berner and President Pro Tem Gray both being absent Monday morning, the senate was called to or der by ,Secretary Clifton. SeDator Battle was elected to preside. ’.his A bill to prohibit football in state was introduced by Senator Allen, of the Forty-first district. The indi eatious are that it will pass. On motion of Mr. Comas, the bill of the senate to prescribe the methods of determining contests in elections for removiug of county sites was with drawn from the general judiciary com wittee. It was redd the second time and recommitted. Tuesday's Proceedings, Both houses of the legislature spent a dull rooming Tuesday and both ad¬ journed before noon. In the house the child labor bill, prohibiting chil¬ dren under 13 years of age from work¬ ing in factories and similar institu¬ tions, was the special order of the morning. By request discussion of the matter was postponed for one week. The Boynton local dispensary bill, which provides for the abolition of bar¬ rooms, was temporarily tabled at the request of ex-Governor Boynton, who introduced it, pending the argument of the prohibitory saloon Bush Bill. A resolution was adopted, after the speaker had called three times for a quorum, declaring it the sense of the house of representatives of Georgia that United States senators should be elected by the people. A resolution was introduced by Mr. Oliver, of Burke, providing that the third day of June—the anniversary of Jeflerson Davis’ birth—be a legal holiday, was temporarily tabled pend¬ ing action on a similar bill previously introduced. A bill was introduced by Mr Hen¬ derson, of Forsyth, providing for the election of judges and eolicitors-gen* eral of the superior court. It was re¬ ferred. Mr. Nevin. of Floyd, introduced a bill entitled, “A bill to protect labor¬ ers, mechanics, artisans and others from blacklisting.” The bill is in¬ tended to protect wage-earners from boycott and collecting concerns. A resolution offered by Mr. West, of Lowndes, asking Dr. Warren F. Candler, president of Emory college, to address the general assembly on November 9th, was unanimously adopted. In the senate the Brin so q bill was tabled temporarily. Thanks w ere extended the people of Nashville, the railway companies and the pull man Car company for courte¬ sies extended senators who visited the Nashville Centennial. After the transaction of less impor¬ tant business, both houses adjourned. RESULT IN MARYLAND. Tlie Fnte of Senator Gorman Wu* In the Italiiiico. In Maryland the state contest was over the election of two officers, the state comptroller and the clerk of the court of appeals. Tho nominees of the republicans were: Comptroller, Philip Goldsborough; clerk of the court of appeals, Alan Rutherford. The democratic nominees were: Comp¬ troller, Thomas A. Smith; clerk of tho court of appeals, ,T. Frank Ford. The returns so far received indicate that the legislature will be democratic on joint ballot. This means the re¬ turn of Gorman to tho United States senate. MUST NOT DISCRIMINATE. IlltrrsBntion Agalnat Memphis Charleston Granted. ^ petition of intervention was ; n the United States circuit court W, Chattanooga Friday by the ^pi.J Cotton oi) comp anv „j[|!lW!f‘~ r fWWW‘ fc 1 1 1 ■ J M hiB and Chfet WiWWl company pawners . charge that the road is discriminating against them and refus . to han , their C ottou seed, Ju(lge Clark issued an order to be gin at onoe delivering the cotton seed of the petitioners and to cease any dis cr j m j Da ti 0 n in favor of any other concern if tbey were engaged in such j Jug j cesg , BLANCO TAKES CHARGE. W>yler Galilly Welcomes ilia Successor to Cuban Shores. The Spanish cruiser Alfonso Ilf. with Marshal Blanco, the new gover¬ nor general of Cuba on board, reached Havana Bunday morning at 7 o’clock. When the Alfonso entered the harbor Lieutenant Genera! Weyler, the Marquis Ahumada, Admiral Navarro and other high military aud naval offi¬ cers went in a special steamer to meet Geueral Blanco. After a long and cordial conference Lieutenant, General Weyler yielded up iis command to his successor. FEVER RECORD IN MISSISSIPPI. Htate Hoard of Health U»uc* Its Usual Dally 1 port. The Mississippi board official of health is¬ sued the following statement Friday night: “Clinton, three new eases; Nitta Yuma, no new cases; Cayuga, two new cases; McHenry, one new ease and one death;Edwards, four new colored cases in town ami three white cases in the country." Biloxi, ten new cases, no deaths. Total cases to date, 570; total deaths to date, 25. CAR THIEVES IN PENAL CAMP. Men Convlrteil At Ilallon, tla., Now Ai Cole City. Deputy Warden Pearson, of the Georgia penitentiary, reached Coal City Tuesday, having in charge the following members of the Dalton ear thieves gang: Walter Bohannon, Bill Long, Ben Painter, Thomas Kinne uiau and Ed Morris, colored. In the party also was old man Taylor Delk, the murderer. Bohannon stated that he had got it from pretty reliable sources that Drew M. Peeples was in hiding in north Georgia with relatives. EVANS TO FOUND SCHOOLS. Rich American in Fads Will Be a Phli anthropi.t. Announcement is made at New York that Dr. Thomas W. Evans, the Amer jean dentist of Paris, whose wealth is variously estimated at from $30,000, 000 to $35,000,000, will spend a part of that huge fortune in founding and maintaining educational institutions in different cities of this country, Dr. Evans left for Paris on the French liner La Touraiue, which sail ed for Ha T re Saturday. FUSIONISTS CARRY NEBRASKA, _ Thev Arc Reported «o n.ire Secured a Big Mejorlrr. A gpec j a i f rom Lincoln says: Ne* pj-gstg renewed her allegiance to fii gion Tuesday by electing the three oan didates on that ticket by plurali lieg ran gi n2 from 10,000 to 23,000. Nothing like complete returns have been received, bnt enough are in to measure the result and indicate a greater fusion victory than in deutial year. BY TflOS. A- MCGREGOR. . «6! ^Tr-. DEATH OF T, ■ av HE WAS-CANDIDA'P ID* XANOB OP GREATER NEW TOOT. >• ' THE END'CAME VERY SUDDENLY.. t f The Champion of Jeffersonian p.mcmrpar .. ( Falla Under Strain of a Vtgovona Campaign—The Son Substituted. > #•« Henry George, and’eandldife author b! ‘ •Pr'bgfrbks and Poverty,” of tlte' Jeffersonian democracy for' tatfOr W' ! Greater New York, died suddenly at 4:45 o’clock Friday mornifig'at the Union Square hotel in that' city of cerebral apoplexy. ' In his great Cooper Union speech accepting the nomination for mayor,-, less than a month ago, he said i “I’ll make this race if, it costs me my life. This is a call to duty, and as a good citizen I have no right to dis¬ regard it on account of mere personal considerations. ” Mr. George arrived at the hotel about 1 o’clock in the morning. He had just returned from several large mass meetings in the boroughs of Queens ami Brooklyn. The work of the night seemed to have told on him. He complained of being tired, bu.t his frieudB and relatives who waited on him thought it was only the natural fatigue that follows such hard cam¬ paign work as Mr. George has been doing. Not long after reaching the hotel he was stricken down. Thus the cheers of the campaign workers were suddenly changed Henry to sighs, for true to his word, George, the apostle of the rights of man, died as he wished to die—in harness lighting for the cause—toward the close campaign of the greatest the world municipal has political ever seen. died The end was peaceful and he without pain. physically frail and Mr. George was campaign the strain of an exciting re¬ quiring speech-making after at pointB night, many miles apart, night was more than, nature could stand.* He spoke at Whitestone at 8 o’clock and made speeches at College.J’oiqt New . aud Flushing before returning to York to Hpeak at the Central opera house. Mrs. George went with him. All the halls in which he spoke Flush¬ Were filled and at College Point and ing crowds were turned away. At Whitestone he drove from the railroad station to the meeting hall at a gallop. To the cheering crowds he said: “I believe that all needed reforms are summed up in that eat, philoaopy—^ drink, right of every men to to speak as he sees fit, so long as he d< not trench on the rights of any otl mas. I believe that God. t hasfe siJ can take care of Hi is no need lor usJ 'm. enforce them. If flf At _.j t» believe that I will be elected, W# enforce the law upon the rioh am alike.” Henry George was .fifty-eight old, being born on September school 2, He received a common t tion 1881; ‘‘Social Problem*,’’ “Property in . Land," a. controversy 1884;'“The with the Duke of Argyle, Condition of Labor, ’’ an open letter to Pope Leo Philosopher,” XIIL, 1801;- (Herbert and a “Per¬ plexed Spen¬ cer) 1892. In 1886 Mr. George was nominated by the United Labor- party-for 68^006 mayor of New York, polling Abram votes, against 90,000 for 8. Hewitt, the democratic nominee, and 60,000 for Roosevelt, now assistant secretory of the navy, repnblicau. - . After his nomination for mayor" by the Jeffersonian democrat* several weeks ago, Mr. George made an ex¬ tremely active canvass, speaking Sev¬ ern! times every evening and working from early to late at hiB headquarter*. Th* Hon Substituted. At 11 o’clock Friday morning the* Thomas Jefferson democracy held-a me etiiu' aird submitted the naipe of Henry'George, Jr., for the candidate' name.of his father, Henry GeCrge, as for mayor of Greater- New York. The. nomination was accepted. born Henry. George, Jr., was in Sacramento, Cal., in 1862. He wa* educated in the public schools of San Francisco. COTTON OIL MILLS BCRN f Georgia Cotton Oil Company Lose Theif riant at Edgewood. S' The Georgia Cotton Oil Mill com¬ pany bnildiiiga at Edgewood, a suburb of Atlanta, were completely destroyed by fire between 3 and. 5 o’clock Sun¬ day morning. . Everything, with the exception of a few of the smaller buildings, burned to the ground, and the oil had safcurar ted the buildings to such. an extent, that no charred timbers were left* The hull,and lint storage houses, the pumphouse quick steam aud the boiler rfcfeffehons'e rodm, the \#&r& fire^ the ones saved. The loss is estimn&dT at $117,000. ■ * s HOPEFUL" AT Only One Case and One Death Keported Monday, f ’ . Montgomery's b^IrtV of health* re¬ ported Bunday -six nfe^-'casesi and nd deaths; Monday,' one new Case, Yarbrough, 323 Herron sixeet;, o*£ death, R. H. Weathers, -909 .Sooth Court. street. Th,is im*n InfeptUm^to wprkejf, i?» tUe infected district. licit spread out of the, western eihauited j>art'.of town and material is about ‘ ' *' *'***! there. ’ A heavy rain fell Sunday night «nd the air promise was cold ol aud much bracing colder Monday, weather, ■ with NEW YORK C AMPAIUN QTElt. Th( , Lk.j of tha Ma<> Meetings XYemMeld , Saturduj Ntght. ■ vj The Greater New’York municipal campaign practically ceased iwroll the political ramps made Saturday. thorough There-^ere the tils final appeals Sunday and Moirfiay. n to the voters parkdjs Monday There were ’a few j night, but to all practical intents and rmrposes- the campaign fended Satnr day night, and the result jjssas left in the hands of the 570,000 voters.