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THE WEEKLY CONSTITUTION. ATLANTA, GA., TUESDAY DECEMBER 22 1885.
A Terrible Collision of Passenger
Trains Monday Night
IN WHICH SEVERAL LIVES ARE LOST
A Description of the Wreck and
the Scenes Attending It.
A collision between the East Tenn., Vs.
and G*., railroad fast train and the Georgia
Torino accommodation, occurred on Monday
night, the 14th Inst.
The collision occurred at 11 o'clock and flf-
ty-fivo minutes, and the place where t&o two
trains came together was a wild, rongh spot.
The train which wrought the mischief was
the East Tennessee fast passenger No. S& It
was composed of fire cars, one sleeper, one
drat-claas coach, one second-class coach, one
baggage and express combined and one moil
coach. It was under command of Conductor
F. M. Dagger, a young, fearless, norvy man,
with Engineer C. O'. Owens on the engine.
This train is one of (he fastest on the East
Tennessee road, and when tho heavy, powerful
engine that was palling it plowed its way
through the Georgia Pacific sleeper, scattering
death and destruction before it, it was trying
to tako up some of its lost time.
THE GEORGIA PACIFIC.
The train which proved a death bed to so
many, was the Georgia Pacific mixed or ac
commodation train. It was made up of seven
cars, lire box or freight can, and twopaasenger
coaches. Both of then passenger cars, aro
what are known among railroad men aa com.
hlnatlon coaches. The forward one was dt
Tided Into two apartments, one apartment was
given np to baggage, expapsa and mail, and
tho other to aeata lor second class and smoking
passengers. The other car, which waa tho last
one of the train, was divided into
the Ant class coach and tho sleeping car. Tho
sleeping apartment was at the rear end of the
car. The train pile* between Atlanta and
Birmingham, and runs with a maximum limit
of eighteen miles per hour. When it went on
its ill lilted trip, Tuesday night, Conductor II.
B. Stephens, a moat rare Ail and efficient man,
waa in charge with Engineer Anthony at the
throttle.
BOTH TRAINS nXHIXD TIME.
As !a wall known by persons who travel over
both roads, the East Tenncasco and the Geor
gia Pacific occupy tho same track from Atlan
ta to Anstell, and the trains of both roads aro
governed by the same rales for that space. Tho
condaeton of tho two roods receive tholr in
structions from the same train deenotcher and
are accountable for their disobedience of his
THE BED LIGHTS.
As Engineer Owens started away from Ms-
blctonhegave his engine the bit, and down
the grade tho train went rolling, ratling and
rambling. Around the curve it went and into
the Ant ent and oat of that into the aeoond,
out of the second it sprang with renewed oner-
gy In tho race to death It was rnnntng-,but
just os it emerged from the second cut Firemen
Kccfo sprang around and shonted:
"Bed lights! There???s rod lights ahead!???
Engineer Owens had his hand on his lever.
He waa on tho wrong aide of tho curve to see
tho red lights, hat when his Amman gave the
alarm ho knew whet was meant. He knew
that No. 63, with her red lights ont behind,
was in front, and without waiting to sen how
far In front ho rovened his englno, applied
bie-ftir hakes and awoke Unvnlght by
tllEILL 8HKIEK UPON SHULL BIIEIIK.
The A reman hod crawled upon the tank to
lower tho spout to All tho holler with water.
The engineer had grabbed hla Aambcan and
was atepplng down to grease hie englno.
Neither man bad a thought of the death-deal
ing machine that was within three hundred
yards of them, rolling on with mad impatience
to ilaughter human beings and tuber souls
without warning into etarnity. The fireman,
with a steady band and a light heart,
grabbed the chain to lowor tho water apout.
Ho was high above tho train and could tee
nil around him. Tho aky waa bright and clear,
and where the heavens kissed tho earth his
vision stopped. With one hand on the chain
and with hit eyes roving around, tho fireman
yelled out:
"All rlgh ???
But tho words warn frozen on his lips. He
never finished the sentence. His eyes saw
the head-light of No. 13 come rushing out of
tho curvo, and at tho same instant his
ACUTE EAR CAUGHT THE SHRILL WHISTLE
almost human in its appeal. Tho fireman
knew the road bed well. He knew that it was a
stoop down grade from that head-light to his
train???s red signal lights. He know that
lees than two hundred yards
separated the two trains. His
trained eye told him that that train was mo
ving fast, and his good judgment convinced
him that nothing could atoplt, and theta colli
sion, how terrible in its result, ho dare not
think, was inevitable. Awestricken and
dumbfounded by the dangerous, dreadful, yet
grand spectacle, he alone was witnessing, tho
fireman, raised his heart in prayer for the
souls soon to bo launched into eternity, and
crying out:
"My God, Anthony; No. 13 ta on ns!??? stood
still until tha crash came. And it did come.
Forminntea ,
THE CUAIH ECHOED AND RE-ECHOED
about the hills. Tho noise waa deafening and
when the englna'glGWcd into tho sleeper a
bright flash like unconfined powder maxes il
luminated tho heavens all around. No flash of
lightning was ever brighter and none aver
shorter, and when the light died away a cloud
of smoke, steam and dost went flying into the
air. Then s dull, hissing, cracking sound en
sued and all who heard it knew that ths en
gine waa losing its steam.
The sceno that presented itself beggars de-
??? ccrtption. No brash could paint it and no pen
coaid print it. Ths floor waa covered two
inches deep with boiling,hot water from which
???team was riling. Men, women and children,
old and young, were
ROLL1NO AND TUMBLING IN TIIE WATEB,
yelling and shrieking with pain. Mothers
were calling for their children, husbands were
asking for wives, friends were railing for
friends. AU were blind. The steam had killed
their sight by closing thoir eyes or injuring
them so that ths pain waa so intense when
they were open that the lids dropped involun
tarily before anyone could be recognised. Tho
lights were all out and tho people, maddened
with pain, were calling on one another to end
their torture. No one with a heart could stand
by and tee the awful spectacle. No one with
a heart could desert the sufleriog, dying people,
and those unhurt, (hr a time, were in as bad a
plight aa those who were dying.
BELIEF rXOM THE CITY.
The news waa received at the Georgia Pa
cific offleriabont 13-JO end Colonel Sage and
Mr. Smith, the train dispatcher, began ta pre-
cut could be received, or more
properly speaking oo many conflicting reports
were received hone were considered reliable.
At two o'clock the wrecking train loft the city.
Dr. G. G. ' Boy, Dr. Gaston and Di*
Powell were on hoard and The
Constitution corps of. reporters
who were assigned te the work. The train
reached the wreck at three o???clock and the
entire party on the wrecking train waa com
pelled to crawl over the East Tennessee train,
through the wrecked engine and down an em
bankment to reach the other aide of the creek.
The place waa then dark, oae fire was burning
on the hank of the creek and the
SHBIFKS AND GROANS OF THE INJURED
were ctUl to be beard. The physicians at once
began relieving the aufifering. Colonel Sage
decided to bring them to Atlanta, bat in order
to do so found that it would be necemary to
transfer them to car* oo thia aide of the creek.
A bridge waa necessary for thia transfer. In
an instant almost a boxcar was matched to
{ ilccea and a dozen bright fires wore illuminat
ug tho way across the creek from
one train to the pother. Tho night
was chilly, and those who could move about of
the injured gathered about the firp. Tho pic
ture thus presented was a weird one. A dark
niaht, with millions of stars overhead,
bright fire, with men huddled about it, wh<
heads and hands were buried in greaso and
white cotton. With great speed ana dexterity
THE BBIDuE WAS BUILT
across the creek, and then tho physician's
pleasure waa consulted.
When Dr. Roy and his aids reached the
wreck no one had died, bat one, an old lady,
Mrs. Banks, wsa dying. She and her hus
band, who had passed years together, were ly
ing side by side in the smoker on the floor.
Their faces were hid from view. Tho wifo
was dying, and tho husband was not much
better. Soon after Dr. Roy reached them tho
old lady breathed her lost. Tho husband was
still alive and able to talk.
???Where Is my wife???? he asked.
???Here,??? said Dr. Boy, ???beside you.???
???Put vour hand on me, Mary,??? he said.
But she was dead,aud Dr. Roy???s tender heart
kept the secret from the old man who& eyes
had been opened for tho last time.
???Where is my child???my daughter???? he
asked coon.
???She is here,??? answered some one who want???
ed to please tho old man???s dying hours.
???And my son????
???Here, too.???
???And my grand child ????
???Here with its mother,??? said a kind hearted
person.
The old man waa silent a minute, and then
trying to raise himself upon his elbow, ho said:
???Mary! M-a-r-y! 3l-a ??? and dropped
back dead.
In death his lost thought was of tho woman
ho loved in live, and when his lost breath
went out his soul followed her be hod loved to
the other world.
There was not a dry eye in tho house.
The old man and hla wife were covered with
a single blanket.
Hear them laid their son-in-law, and near
him laid his wife, the old couple???s only child.
And again, near them was their only child.
Soon after the old couple died the son-in-law
died, and five deaths had been recorded in the
cats on the Nickqjtck.
now THEY WEBS HURT.
Thcro were nine scats In the first
class car. Four on one sido and five on tho
other. Every scat was occupied when the ac
cident happened. J. W. Pierce, a Texas
J ilantcr, who recently trsded a load of ponlea
or Oyp6cy, the Arabian mare,was in the train.
He occupied seat markod 1 in the appended
diagramme. C. W. Felton, his partner,
was just across tho aisle on
2, Mr. Banks and'wlfo were in front of Pierce
on 3, and Bryant and wife wero across on 4;
Mrs. Jane Eliza Brown, of Flowenr Branch,
and her two children, aged three and six years,
were on 5; E. T. Hughey, of East Point, was
on (1; W. 31. Cook, of Fairburn, was on tho seat
with Felton np to two minutes before tho acci
dent.
HOW TIIE TRIP WAS MADE.
When the train started the groans of tho in
jured became audible. The dead laying side by
side in the car in the order above enumerated,
rolled from side to side and with its load of
living freight the train rolled along to town as
though nothing had happened. The physicians
wero busy with the living. Tho dead needed
no care. Noon after starting Mr. Hughey began
to sink. When near tho Chattahoochee riverhe
called Dr. Roy and said:
???I???m nearly gone.???
???1 hope not, ??????answered the doctor. ???Tako a
toddy.???
The doctor gave him a whisky toddy. He
swallowed it and for a few minutes ho appear
ed to improve. Then soon after crossing ???
river he grew worse and died just???as the t
~ as reaching the city.
The ride was one that will never be forgotten
by til who were present.
THE TEXAS MAW.
When Mr. Fierce, tho Texas man. rose np
After the accident..ho was blinds Mr. Irvrln,
erAuitellTwmaSSrhto; He ftothsd at the
month ana cried ont:
???Won???t somebody wipe my month????
Mr. Irwin did It. Tho poor man could not
movo a hand. Then he said:
???Here???s my money, $1,000. Send it to niy
folks at Ahlleen, Texas. Tell???em I???m dead/???
???You arc not dead,??? said 3Ir. Irwin.
???But Pll die,??? ho said. And lio proved a
prophet.
Gypsy, the mare, was in a box-car just in
front or the second-class car. Thia car drove
Itself half through tho box-car but tho maro
waa not hurt. Tho evening 3Ir. Pierce ship
ped hqr tho railroad mnde him sign a rcleaso
on her. At first ho rcftisod to do so, saying
???She may get killed.???
Ho finally signed tho rclcaso and got killed
himself.
Tho other Texas roan's hands aro badly hurt,
and while coming to town ho said, ???Oh, my
God! won???t 1 ever get to uso myronoon tho
plains among the wild horses again????
A MOTH EE'S LOVE.
While cn route to town 3Irs.Bryant asked for
her child.
???It Is cosy, over here,??? answered Dr. Boy.
???But I waut it!???
???Leave it there, please.???
???No. I want to nurso it.???
???But it???s mouth is too badly burned,???
answered the darkey,
The child was then alive.
???Oh, my God, my babe's dead I??? cried tho
mother.
THE DEAD.
A complete list of tho dead at midnight Is:
Mb. BERNARD PEYTON, tho general attorney
for the roiul, who wu instantly killed. Mr. Pey
ton???s home is In Charlottesville, Va., and ho will bo
taken home today.
Mn. NATHAN STANLEY, merchant, Anniston,
Ala., who was in tho deeper and also In
stantly killed. Mr. Stanley's last business
transactions was with Tiie ' Constitution, which
was late Monday night. lie had been in tiro sleep
er but a few minutes w hen the collision occurred.
Mr. JAKE BANKS, of Fayette county,
Mrs. MARY BANKS, his wife.
Mr. B. BRIGHT, their son-in-law,
Mrs. BRIGHT, their daughter, who died after
aching town.
And the BABY GRANDCHILD.
ThU was all of the family. They were
moving to Alabama.
Mr. PKIRCK.of Texas.
TWO CHILDREN of Mrs. Brown.
and the only colored man wfto was hurt.
The injured were all doing well at midnight
The bodies will all bo held subject to tho
orders of the relatives.
The road and the physicians did all they
could for the living while they lived, and the
undertaken did all they could for tho dead
after death.
The remains of J. W. Pierre, tho Texas min
who wss killed in the collision, were laid to
rest in Wettview cemetery Saturday after
noon.
The remains left Swift???s at three o???clock, ac
companied by Mr. W. O. Jones, Mr. Robert
Jones, 3Ir. Crow, Mr. Frank Walker and tho
Rev. Dr. White, of St Paul???s Methodist Episco
pal church. The body waa resting in a hand ??ome
metallic case, and waa dnawd In a fine burial
robe. At the grave the Rev. Dr. White renl
the burial services, and the body wss laid to
rest until next year, when It will be exhumed
and taken to Texas for final burial. When the
burial party returned from Westvlew they
??? L V * I .. If.
w??re met at Jones???s stable by 3Ir. Pierce???s non,
who reached the city after tho body started for
the cemetery, . .
Mr. W, O. Jones sent a kindly worded mes-
rege to tho family, telling them that Mr.
Pierce wss quite sick. This was fallowed by
Brother indicating a dangerous illness, and
then another notified them of his probable
death. Later the family was wired that ho
wesdead. Gently and gradually Mr. W. O.
Jutes broke the news, and after the family
knew of the death they were tol l of the death
in the rollisfon,
Mr. Pierce, was a wealthy Texas ranchman.
He owned three or four large rancher in the
l??et fart of Texas and was wealthy.
3fr. L. Rountree, a brother-in-law of Mr.
Nathan Stanley, the AnnUton merchant who
was killed in the collision, was in Atlanta yes
terday.
Mr. Manley arts only thirtjr-fonr yean of
age when he was kiRed, and yet ho left quite
a fortune behind him. lie was raised at
Kingston, N.t\,and married MU* Rountree
there. About eighteen months ago be went to
Anniston, and, opening n general store, made
money rapidly. On Monday last ho came to
Atlanta with his wife, who was cu route to
her old home to pass the Christmas holi
days. They reached the city almut noon,
and that afternoon Mr. Stanley {placed his
wife on the Richmond and Danville train.
After 3Irs. Stanley had gono 3Ir. Stanley pa
tiently waited until his train left tho union
pateeugcr depot. As tho train rolled out of
the city he sat in tho smoker talking to some
friends. When the train stopped at 3fnbleton
ho went into the sleeping car, and before rid
ing two miles he was dead.
Mrs. Stanley is not strong, and the night's
ride fatigued her. While she was lying in her
berth in the sleeper dreaming of her husband,
he waa dying a borriblo death. On Tuesday
morning Mn. Stanley asked the conductor of
tho train she was on to telegraph to her par
ents in Kingston to meet Tier at the depot.
The conductor wrote the telegram aud asked:
???What name shall I sign????
???Mrs. Stanley, please???3Irs. N. Stanley,??? an
swered the lady.
???Are you the wifo of the gentleman who was
killed in tho collision on tne Georgia Pacific
road last night???? asked tho thoughtless con
ductor.
???What???? asked Mrs. Stanley, who at that
time knew nothing of tho collision.
The conductor saw the mistake he had mado
only when too late. The lady fainted, and
until she reached Kingston It was a question
whether she would survive the Ill-fitted news or
not. Her parents and brothers, who hod heard
of tho accident by privato message from An
nUton, were at the depot to meet her, and the
meeting was a sad one.
Mr. Stanley had an insurance often thous
and dollars on hU life. He owned a plantation
In North Carolina worth ten thousand, and his
business in AnnUton is valnedat ten thousand.
One of the Brown children, a girl of three
yean, attracted universal attention, and
caused many a sigh. Strong men shuddered
when looking at the body, and ladles wept.
The child did not look like it was doad. A
pleasant emilo was on its face, and its eyes
were wide open. The body had been dressed
in pure white, and tho handa were crossed on
its breast. Tne free had not been dUflgurod
by the hot scalding wator, aud every one who
looked upon it agreed that no prettier a babe
overlived. With its head cushioned in tho
coffin, its wide open bluo eyes and its happy
smile, it appeared
MOKC ALIVE THAW DEAD.
So natural waa it that a lady after looking at
ita face a moment said:
???Either close that coffin or take that child
out of it. Don???t leave it there that way. It is
cruel. It does not look desd. ITho poor
thing seems to be laughing snd it breaks my
heart to think that it is dead. Inovorsaw a
prettier child. Its forehead Is high. Thcso
eyebrows are arched just to perfection. Tho
cyee are large and must liavo been pretty. Tho
nose U perfect and those lips so pretty. Seo
the checks too and that dimple In tho chin.
Messrs. J. H. and G. W. Hughoy, brothers to
3Ir. Uughy, appeared yesterday morning and
claimed the body. The body was surrendered
to their charge, and was carried to Forest
station yesterday afternoon.
J. D. Brown, tho husband of Mrs. Elisa
Brown, and the father of the two children,
reached Atlanta Wedncaday morning, and
passed the forenoon with his wife. In tho
afternoon he carried hU two dead babies up to
Flowery Branch, where they will bo intorred
today.
Mr. Stanley???s body was sent to Kingston,
N. C., Wednesday. Mr. Stanley was a Knight
ot Honor, and when the Atlanta lodgo heard of
this it at onco took care of tho
remains. Mr. Stanley has been in AnnUton
for a year or two. Ho went thoro from King-
Wednesday Mr. W. O. Jones roceivod a tele
gram from J. W. Pierce???s wife, ordering tho
body shipped home, but in a short whiio he
received another, asking him to hold the re
mains, and saying that a son would come on.
AN INQUEST BEGUN.
Coroner Havnes organised a jury early In
the morning, but after consulting with the or
dinary ascertained that he could only hold in
quest over thosc>hodlcd in Fulton county. An
inquest was begun on 3Ir. Hughoy and the,
children. THejoVySnui composed of
Chastain, J. L. Lowe, Scott Thompson, L. C.
Billingalca, E. B. Wilson, J. B. Johnson, L. E.
Eason, O. M. Bentley, E. L. Braddas. J, A.
Hollingsworth, J. N. Smytho, and E. C. Bruf-
fey, foreman.
Conductors Duggar and Stevens, Kngineors
Owens and Anthony, and Dr. Roy and Mr.
Ayera. tho train dispatcher, wero the witness
es. Tho testimony billed to show whero the
responsibility for the accident rested. Each
road???s employes shifted it upon the other
road, and when tho jury had given the
question a careful consideration* it
knew no inoro than when it Begun.
IIOW IT READS:
The following verdict was then prepared and dls-
crowed :
Atlanta, Ga, December 17, 188& We tho Jury of
THE ELECTION CONTEST.
JUDGE M???CAY DECIDES FOR THE
PROHIBITIONISTS.
And the Liquor Hen Goto Judge Clarke and Get an
Order Beetrainins Judge Calhoun Until Yeeter-
day-The Plot Thickening and Much
Litigation Threatened, Ete., Etc.
iiiqucM. organized and r.wom to inquire Into the
causes leading to tho death of Jako Banks. Mary
Banks, B. Bright, Mrs. II. Bright and child; if.
J. W. Fierce, K. T. Hughey, Mrs..
hlldn-n niui Jack Scott, find from tho|
II Won tietween the Kant Tennessee, itassenger, No.
12, and the Georgia Pacific passenger. No. .72. nt the
Iscvcntcen-nillc-tank on tho night of the 14th In-1
slant, snd wo recommend that tho grand Jury of
Cobb or Fulton county give the wholesale slaughter
thereby occasioned, an investigation,
0. Haynes. K. C. Huffrv,
Coroner,
Foreman.
ARE THEY ARTIFICIAL KG OS?
Wlmt an Inventor 8aya he Can tlo to Supply
the Market nt Hair a Cent Aplscv*
From the New York Tribune.
In the back room of a Broadway office a curi
ous invention was exhibited yesterday to soveral
provision dealers and merchants. Tho Invention
consisted of a number of artificial eggs, which re
sembled the real article so exactly that none but
an expert could distinguish them. The shells wero
made of a clear, transparent composition, and the
Hi ape was perfectly modeled. The portion sur-
select tho bogus ones from the collection.
rtr>t expert exposed his ignoraurr *-???*-*-*-
three real egg* and declaring thei
Tito
three real eggs and declaring them to be artificial
Hie Kannd.with a little belter luck, owing pertly
to hit avoiding the three refected by his unfor
tunate predecessor, managed to nick out two of the
real eggs and one of the artificial ones. Thus with
varying results each of the six men tried his skill
In determining the difference tietween theonsbv
their sj.M orauce. When each had tried and failed,
the exnfbltor raid:
??????Now, gentlemen you can test them In another
way.??? A frying pan was then plAced on tho store,
snd In a few minutes it began to simmer. Two of
ithe artificial eggs wero picked up, their shells bro
ken and their contents dropped Into the hot pan,
v here they soon began to simmer and sputter. A,
little ralt and pepper, a brisk two minutes* stirring
with a fork, and as fine a d|ah * , ~*
n- < diM l,u prepared at a
he fore 1:1-4 expectant guots.
???othing poisouoiw or dLisgrec-
?????, and
the tcvciai verdicts were: ??? Delicious,??? ??????flatter
thou the teal article,??? ???What are they mado off*
They aro not artificial,, but fresh eggs from the I
P ??? Well gentlemen,??? smilingly responded tho ex
hibitor, -Whether real or artificial, I can make
uiiV quantity of those eggs at ,a cost of about
half a cent a piece, while you cannot buy their
equal for leu than two or three cents. 'You have
gMroAaAMHfalu|upu cannot tell them from the
npl-caraiice or by tholr ta-tc
::r.m
more e.i'ily ??!c-
people out of ten
would be deceived, as the only difference lies in
the fact that the yolk and surrounding white por
tion will not harden separately as they do in the
real egg. The flavor is about the same, which,
after all, should bethe main consideration. It I*
my Intention to put th??**e artificial eggs on the
market soon, and my object In inviting you here
ti day was to make you favorably impn.-whcd with
them. I think I Lave done it. Good-day, gentle-
raron.???
???The resemblance to real eggs, If tho eggi arc arti-
??? la). Is close. The white and ynlk are well de
fined, and the membrane between tha white and
the shell Is ell there. The y oik .however, has a peeti-
the film tietween the
MMHMVMPHHWlng In the eggs that
were broken. Horae experts said that they were
l-Hircd eggs,??? and that some unriorked lime bad
accidentally got Into the packing, aud tiecoming
I heated by moisture, bad caused changes In the in
terior of the exp. Tl*e appearance of the shells
Ircemstobe thaloflimrd ears. Mr. Van lloaten
I sent some of the eggs to the New York butter, eggs
snd chrese exchange for examination _by experts,
and Dr. Wliliaai K. Kewtoo. Uw health Inopeetor
of rater on. took some tor anoiysia Dr. Kewtoo
* cm nog com Dieted his Investigation*, hut
as reported to have expressed an opfuton t&at the
tgsaroegp.
Thcro was a large crowd In tho United Statca
courtroom on tho 14th Inst., to hear the trial
of the contested election case which was bolug
argued before Judge 3kCay.
Colonel Cox had tho floor when court ad
journed Saturday, and resnmed hla argument
when court met 3Ionday.
JUDGE HALL SPEAKS.
Judge John I. Hall spoke next for tho pro
hibitionists. He said ho would answer first
the charge that tho bill was obnoxious to the
state constitution in that it did not effect all
localities aliko, of all persons alike, and that
It was not general in its operations, and that if
it was a general law it could not bo adopted hy
a vote of tho people. Judge Hall cited tho
county court law by which about
ninety counties of tho stato
were authorized to establish county courts on
tho recommendation of grand juries. That
was held to be a constitutional law and Judge
McCay was on tho aunretno bench of tho stato
at the time. It was held to l>e a general act,
although it excccptcd about forty-five coun-
tlca. Judge Cooley lays down tho samo rulo
and holds that whenever a law deals aliko
with nil the persons it affects it is a general
law. Judge Hall also cited tho stock law of
tho state. Tho legislature enacts the law and
affects no one until a locality adopts it and It
then It becomes a local law for that placo. It
is claimed that tho registration waa illegal
and unconstitutional because
added new qualifications to
voters and bccanse of tho short time allowod
persons in which to register. Judge Hall road
tho registration law of tho county, and tho
constitutional qualification of votora, and took
tho position that tho registration was a legiti
mate and necessary part of tho election ma
chinery. The constitution, ho said, authorized
tho legislature to prcscribo tho registration of
votcra???
Judge McCay???Yes. It would bo easy for tho
legialature to prescribe a method by which
minors coming of age could vote.
Judge Hall???But if the legislature In its
Judge McCay???Yes, but they might modify
the oath.
Judge Hall???If the legislature has doclarod
that tho registration shall oloee ton days before
tho day of election, it has kept within the cou<
stitutlon.
A JUDICAL SUPPOSITION.
Judge 3IcCuy???Suppose, under tho registra
tion law, no man should bo permitted to regis
ter. who was over or under forty ?
Judge Hall???Then it would beunconstitu
tlonal. because It would put on a qualification
that the constitution does not put on.
Judgo 3IcCay???That is the point they mako.
Judge Hall read from Cooley to suatain his
position.
TIIE rOLICE POWERS.
Judge Hall proposed to speak of when laws
went into effect but Judge McCky said he did
not care to hear anything on that subject.
Ho then went Into a alscuarion ox the ques
tion of whether or not the law was a general
law. It was a general cnactmont giving the
people the right to adopt it as a local law. The
law has no foreo nntll It la adopted bv'tho
people of a county and then It la a local law
for that count j. Ia it not just aa compotont to
do that aa It la for tho legbilatnre to pore oopa-
rate acta far each county.
Judgo Hall proceeded to. diactudon of tha
police powereof notate. Hocltodtho noted
"llcenoe caoco.??? In 6th Howard tha principle
la wt forth that If an article la imported It aui
be hold In tho original package, but the mo-
???inent the Importer break, tho package or die-
o c ? , 8M^u!;
He also argued that the state was not seizing
the property of the brewing company twit was
only stopping the sale of beer which it had a
perfect right to do. He cited tho case of a
Mississippi lottery company which paid five
thousand dollars to the legislature for ita char
ter and was to nay a certain tax and which
waa abolished by the oonstltutional conven
tion which met fifteen months later, and tho
money paid for the charter was not returned.
The supremo court held that the lottery com
pany took Its charter sutyoct to tho police
powers of the people and that tho legislature
could not bargain away the public hoalth or
morals of the pocplo That tho people them
selves could not do It much lew could tbalr
servants do It. The discretion to control such
things can no more bo bargained away than
can the power itaelf.
THE DOMESTIC WINE BUSINESS.
Something of a sensation was created by
Judgo Hall announcing that tho domostlo
wine feature of tho bill would Ins Inoperative.
But he contended that that provision of tho
bill could ho separated from the bill Itaelf, and
It would not all have to go down together. He
said if a bill contained matter that was viola
tive of the constitution and matter that waa
not violative, and tho constitutional could bo
separated from tiro unconstitutional, it ought
to Ira done, and tho good could stand aud tho
bad could fall.
Thnntday morning Judge McCay rendered hla
decision In theconU^tcd prohibition election east,
lie slated the nature of the case, and held that the
federal court had JurbdlcUoa of tha matter. As to
the reghtration Uw, the judge said that although
It failed to make provision for thorn who b'jcamo
qualified to vote after tho hooka closod, that Uct
did r.ot rillatc tho election.
The great complaint of this bill Is that by tho
cf the ntmort Importance that clcct!ons???in a!t their
detail* should be free and the court* not Interfere
with them In any way until the result Is an
nounced and all the machinery of tho election and
tho
EXPRESSION or THE POPLVAR WILL
be exhausted. 1 have made this decision with
tho responsibilities of the matter presdng strongly
upon me. There aro men Just as good as I am. Just
as wise as I am and as learned in the law as \ am,
who diffrr with me. 8ucl?? is human nature. S ???
Is the history of courts. They have aright to dl;
But they are not situated like Iain. It Is not
them to decide. It Is for me, and I mast decldo
it on my own convictions of right and not npon
theirs.
Mr. Julius L. Brown ???asked Judge McCay not to
sign tho order until Monday, so as to give them
**??? * are tor an appeal.
Cay said the announcement of such
Judge
Intention
s enough,
natt said tl
??? ,???j United
Btatcs than that inch losses and such damage* as
are set forth In this bill are not a good objection to
the law. Tho states have lower to legislate for
purrofcs of good order, the preservation of tho
public health and a thousand other objects, and
It is an every day event that soma man???s property
U mtdv lev* valuable, perhaps worthless, by the
operation of laws paired for the public good. It I*
well n???tiled by the courts that such rights and
sm-h properties as these complainants assert that
they are about to have damaged aro not protected
by the constant Ion of the United ??tales.
I du not doubt that there is ono of the provisions
of the Mil that I* in violation of the constitution
of the United Mates, to-wlt: that proriston which,
while It provides for the prohibition of tho sale or
all intoxicating liquors of every kind, exempts
dtnwstlc wines. This it was not compotont fur
conu'H niMgnra. nii'i nu/j in in earn ih
all the i la hla of citizens of other states. A n
in California engaged in making wino has, uimcr
the couxtitution of the United Mate*, Just aa much
right to fell It as a eitlsen of Georgia has, and it la
not competent for the legialature to put burdens
npon one that it does not put upon tho other. Nor
Urn I st all clear that this distinction in favor of do-
|nicf.tlc w Inca doc* not
BEK DEB KILL AKD VOID
^???holc bill. It la into there are many cases
I where an unconstitutional clause has been decided
not to effect tho other portions of the act, if they bo
IndiTcndent, and are capable of being stricken
# ??? ???be act without effecting the general
fMpVl do not believe, however, that tho tost In-
sif4cd upon by the complainants Is the proper one.
Their tot Is that we shall aay that tho people would
cr would m<t have voted for the bill or the IcgMa-
MMammttld or would not bavcpa*sed It without tho
[rational elauac. I* the language *> broad
be provision cannot be pruned away, leav-
??? ??? ... Jtrre still unhurt, spreading it* c??cntfal
branches ov er the land it Is dcslgued to nbade?
This act 1* essentially an act to prevent the
sale of spirituous liquor*. A general clause make*
it illegal to sell any intoxicating liquors, no matter
??? here made. If the people voted that way It
ould Ms dry. If they vote dry, dry It I*.
Coorts of equity cannot enjoinliipon **??!?? evidence
vc bat c here. Who knows what the result l<, or
tow the ordinary will decide? No one can know
n law until tho result Is declared, and yet there
ccmplaipsnts waut to stop the baud of the onll-
Insry ??o we cannot find out. We all remember the
doubt over the Have* election and over Cleve-
Ifand???s ehetlon, ano wcall know tho great Inter-1
lettK at Make, but
ra.i.t ??? i the vr.tc.
n ain aloriiy of five or six h*m-
j million paoplo acquiesced,
las and jn nearly* h*mdr..*d
i oolyone or two Interference*
year? there have been only one or two
with election managers or election ??#/
court*. Tho raerts have decided that it can???t M
done. Taking this care, therefore, altogether I am
c??,retrained by my conscience to refuse to gram this
t??mrain Juris rapped the crowd to order and
member this Is a court I am not
quite through yt\. This Is * republican govern
ment. The whole machinery is dependent npon
the popular will os expensed in elections and ItU
i In our skirmish lines, and rro
getting to the supreme court.???
???But,??? Mid Mr. Brown, ???the ordinary will goon
and make his decision and declare the result.
???Well, let him go on l??? said Judge McCay, and
the courtroom fairly shook with apnlaitre.
Judge McCay then signed tho following order
Bill for injunction, etc.. In the circuit court ori
United states???blmon Well, et. al.,vs. W. L. C
boun, ordinary.
, After argument heard In the above stated cause,
ills considered, ordered and adjudged that tho
prater of the bill be re hired and tho injunction de-
December 17,1SS3.
tsigncdl if. K. McCay.
ANOTHER CONTEST FILED.
During (he afternoon, 3Ir. Julius L. Brown, Mr.
A. C. King and 3Ir. Rosenthal went to Judge Cal
houn and asked him when he Intended toconsoll
date the returns and declare tho result. Ho told
Friday night tho counsellors of the liquor men
wont to Judge Marshnll J. Clarke, of tho superior
court, and presented to him a bill for Injunction tc
restrain the ordinary from taking sny further step
in the matter. The bill was tn effect tho samom
that filed with Judgo McCay, except that In It Mr.
John W. Clayton, tiro Whitehall street liquor
dealer, appeared as plaintiff. Ho seta up that he *~
a dealer In wines and liquor*, and u*k>
ordinary lie restrained, aud that tho bl
dared void and of no effect.
Judgo Clarko signed a temporary restraining
order and set the ease for a hearing In chambers at
nine o???clock Monday, (he 21st.
Tho gentlemen then proceeded to tho home of
Judge Calhoun, woke him up and rend tho order
to him. Tho judge rubbed his eyes and said:
???I???ll see you tomorrow.???
It Is said that the counsel for the liquor men In
tended originally to bring the case in tno superior
court, but tne bill had tobo signed tho night Judgo
Hammond retired from the bench and Iwfore Judgo
Clarko went on. It is also Mid that they Itavo Just
gotten ftlrly started in their litigation. As ono of
them expressed It:
???They've driven
aro ready for the battle. 1
And now, what next?
ANOTHER CABS DROUGHT.
Judge Tomukiu* went to New Orleans day
before yesterday, aa soon as Judgo McCuv ren
dered Ills decision, and presented two now bllli
to Judge Pardee, of the circuit court, asking
him to tako a hand in tho mclco.
THE SUPERIOR COURT CARE.
Yesterday the bill filed before Judge Mar
???ball J. Clarko was deposited in the clerk???s
office. Among tho now points are thcso: Mr.
Clay ten avers that be has been for a long
time, and Is still engaged as a wholesale
merchant of Atlanta, tnit he deals largely in
whiskies, wines and liquors, of all kinds, both
foreign aud domestic, which he sells to dealers
Ju other states, that he has a lane stock on
hand which it is impossible for him to dlsnoee
of without irremedablo loss if prohibited from
selling tho same as heretofore. The orator also
???vers that each year large quantities of wines
amounting to several thousand gallons are
produced in Georgia from grapes grown
near Atlanta, Decatur, Covington, Cuthbcrt,
Griffin and other place*, and aro
sold in competition with other wines produced
in other states and foreign conutrios, that he
deals in wines produced in France and Spain,
known as champagnes, sherries, made iron,
ports, burgundies, marragos, santurnea and
clarets. That he also deals in whiskies pro-
durod In Ireland, Cogna brandy produced In
France, gin produced in Holland, whiskies
E reduced In Scotland, ale and porter produced
?? England ami Scotland. Tito complannnt
also avers that the books of registration closed*
ton days bafaro the election, and that persona
when unable to become qualified previous to
the closing of the books of registration, wore
deprived of the privileges of voting upon tho
issue, also that tue act docs not provido how a
contest of the said election shall be conducted,
FOREIGN.
London, December 17.???Fill Mall Gazette
this afternoon announces that despite the par
tial denial of Mr. Gladstone this morning, a
liberal scheme for home rule In Ireland nos
been decided npon. This scheme, the Gazette
reiterates, provides for the creation of an Irish
parliament at Dublin, the acts of which tho
crown will reserve the right to veto only tipon
tho advice of tho Irish ministry, Irish mem
bers will continue to alt in the imperial parlia
ment at Westminster and take port in imperial
legislation.
Karl Fpcnrrr and Earl Granville approve Glad
stone's scheme of homo rule tor Ireland. Joseph
Chamberlain, Sir Charles Dllke and the Marquis of
soya: '???Should the qussn's speech on the opening
or parliament not allude to local government for
Ireland, Mr. Gladstone will move an amendment
to the royal addre*a, stating that such a measure
tor Ireland is necessary. The Fornellltos will sap-
port tho motion. Mr. Gladstone will then take
office and Introduce a bill granting homo rulo to
* eland.???
Tho following disnatch from Gladstone was
received today by tho news association:
. llkYWABDXX, December 17.??????The aheerne for
home rule in Ireland, published la the Htandard
thl* morning, and purporting to be my plan for the
settlement of the Irish question, la an lnscurate
itatlon of my views. I presume It la specn-
them. It waa published without my
rtr atilhnrilv ???
??? l> JlCIIAIUKbUU uu mo
opted to procure money
bs hr writing long let-
i info custody, ana for-
lowledgo or authority.'
London, December 10.???The following dig-
B tch from Gladstone has been received by tho
ble News company:
Uawarpen, December It.???If I should at any
time have any plan or intention to announco on
Iho question orlriah government, It will he dope
publicly and on my own responsibility, and not by
an anonymous and Irresponsible declaration. My
political friends are assured that I remember toy
obligations to them and they may safely under
stand that I am bound to none of the Ideas respect
ing homo rule for Ireland, recently announced In
my name. Alter raying this morn I bold myself
excused from replying to further inquiries, rumors,
or allegations regarding the Irish oucutton.
IfilgnedJ William K. Gladstone.
London, December 18.???Loodon bad a gen
uine senaatiou today. Early this morning ??
rang man and bis wife, John and Sarah
!sgce, were arrested st Kensington on tha
charge of having attempted to *
from the prince of Wales *
tern. They were taken I
mil charges were preferred against them, and
they were then remanded to await examina
tion. It appears tho prisoners had writ
ten two letters, but as theso
were not read in court today, ft
is Impossible to give their exact tannage, or
to state, except in general terms, wbst they
contained. It Is known, however, that the
letters made ademand for 750 pounds, and in
timated, 'in unmistakable terms, that unless
this amount waa forthcoming, the prince???s life
would Ira in jeopardy. The prince, it Is Mid,
paid only passing attention to ths first letter,
but when the second cams,
reiterating the demand for money
and threats of violence, the prince tamed the
letters over to the police and left them to do
whatever they thought best. Tho police sent,
a mrrnspc, as though coming from the prince,
to the addrem given in tho letters, directing
the author or the authors to appear at the spec
ified time and place. Assurance was given
that somebody would meet them at the ap
point'd hour, prepared to-hand over a package
(onUluing the money they iiad demanded.
The 3Iagt (* at onc e fell Into the trap. They
appeared at the place designated this morning
???nd were presented with a package of farth
ings. As they started to leave with their sup
posed treasure the police threw off their die-
guise a and arrested them.
The woman mode a voluntary confession of
the whole plot. At any rate the polige aay the
confession was voluntary. Tho woman, how
ever, Las since declared that she waa forced by
the police againzt her will to confess some
thing. It is thought aba fears the coaMen
made by ber in the first moments of conster
nation after her arrest may be bad for her on
trial, and she is therefore trying to weaken lie
effect by the assertion that it was forcsd
from her by the police, A repreaenUtive of
the preM railed upon an equerry of the prince
of Wales this afternoon, to learn any facto
obtainable about the attempt to extort
The equerry knew something of the
??f the letters. These, ho declared, represent
ed that 3(sgeo was an emissary of a secret so
ciety, and that he had been ordered to kill tho
princo of Wales.
But the letters further intimated that he did
not wish toobey this mandate. There was no
help for It, however, unless he could get money
enough to go to America. He wanted seven
hundred and fifty pounds therefor. If this
amount reached him lie would at onco bid a
lasting good-bye to secret societies and con
spiracies, and start acroM tho Atlantic. Nothing
further can be learned tonight
St. Petersburg, Deccmer 19.-Dispatches
just received here state that a terrible dyna
mite explosion has occurred in tiro PlUuchin
mines In Siberia, Accounts aro conflicting as
regards tbe number of persona-killed,'mmo
placing the number at 400^ while Athcrs place
It aa high aa 1,000. 'Vk
A Roy???s Delight Is a watch or d inn. W?? have
both. Our Woterbury watch, with chain and
whistle, costs yon only 12.50. Onr-breech-loading
double-barreled gun costa you only t12. Either
will niskc your boy happy.
OUR KNOWLEDGE-BOX.
[In this department we give brief and pertinent
answers to such quest Ions as our reader* may da- '
sire to ask???provided the questions ore of FpceUl or
general Interest. Answers may be delayed for a
week.]
Subscriber, Oxford, Ala.: Where aro fire
crackers manufactured 7
Nine-tenths of tho flrocrackeTSttonro from Can
ton, China, where they are made by convict* hired
by Fatshlng it Chow Hlng from the government at
the rate of three rents a day. All of the workia
done Inside of tho prisons, which consists of a
retervatlon of 400 feet square, staked off and sur
rounded by high bamboo palings. Tbe paper em
ployed In the manufneturo of Are cracker* Is mado
ef bamboo film, and 1* without doubt tho strong
est paper made. Each cracker Is filled, rolled
and parted by hand, and the nimble fingers of the
convicts finish them with astonishing rapidity.
The powder Is different from any other made, but,
despite tho finenem of it, Is nevertheless equally aa
powerful os our best blasting powder. When ready
for the market they are sent to Hong Kong, from
w hence they are distributed all over the world. In
the year 18M, CCO.OOO boxes of crackers were en
tered In Uds country. Eaeh box contains forty
packages, and each package from sixty-four to
eighty cracker*. From this some Idea of the num
ber of fire crackers exploded on Independence day
may be gained.
fiubacriber, BlackvIHoT 8. a: What do tha
people of the different countries pay per bead in
(axes to their respective govemraentsf
Franco is the most heavily taxed country In Eu
rope or in the world, the rate being 101.40 per cap
ita yeany. In the United States tbe national rev
enues average 911.80per capita, in Italy tllAOt In
Great Britain 111.60, In Germany tll.18, in Russia
???7.20 and In Spain ffi.60. Owing to ber arte aud .
manufacturing Industries, however, tho burden of
???2L40 in France Is not os onerous and dlstroslng as
the 17.20 In Russia or the 96.10 in Spain.
Reader, Forsyth, Ga: What book! should a
young writer read in order to form a good style?
The safest way is to read no books with a view
to tho formation of style. General Grant was not
g great reader but Ills memoirs have an admirable .
style. Tbe general was frill of hla subject and told
blistory In a rimplo straightforward way, without
attempting any fine writing. This explains his sue'
4 If you study the stylo of other writer* yon
the risk of imitating them.
.obecriber, Aehvi
few figure* showing t
The death rate In Manaohueetfe i* 1A29: In Mfe-
slntpl It is 12.80; In South Carolina it Is lAM-.lu
Georgia it la 1X97. and In IxmlManH It h Li.t i. From
theae figures It appear* that the south 1* a health lor
sc etlon than the north.
J. 8. B.. HawklnsvUle, Ga.: 1. What Is tho
length of the Panama canal? 2. How far la It com
pleted? 8. What Is tho estimated cost? 4. What
nations are interested 7
I. About forty mile. 1 Abontono-fourth of (b.
dlrtonor. A ,300,000,000. 4. Tho itockhoblen ??ro
Ficnchmen.
flubzortbor, O.lnnvlllo 0..: T. thoro any
Miffikd attacbld to ??????tho man In tho moon!???
It nru believed In old lime, that (lie moon'????
luhnbllrd by II limn with n bundle of 'll.-k. on Ills
bncll, Hovru ozlledlheroformanyeeiiturlc. D??mo
dl. him (Mn, and Chanceruffifnai hue,lloto
Hied,
Header, Orlando, Fla.! I. thcro anyelxnld*
muco attached loon, fwriou bltlhf hU 111 mull at
mother f
To bite Iho thumb at a penon Implied ta Inmlt
hence In "Romeo and Jullcl" Rain pro tl uye "I
will bit. ay thumb .1 thee, which I, .dlwracoto
thee If thee bear II." The thumb In thfi action, wo
wo told, retuirented ??? 6c, and the whole wu
equivalent to "A 6| for you I??? The ton. "To (Iro
or a.k. the fi(," u ??n exprenton of inrun, bM fur
m.ny .(Citwen very prevalent .moo, the Milan,
of Hu rope, and, according to Done, wu known to
ho Romans,
Bulwerlbor, Griffin, Uw: When wero .tool
pen. 6nt Invented t
They flat rud* their .ppaarmea In Eitglmd In
ltia
Sabwriber, Lonnivilla, (l..: I. tho Hon.
vt> * K
He hut hi. thigh ertnhed by ??? market tall In tho
trie wu.
Which country hu tho Uu|eM pertenUgo of
blind peopled
Xgypt. At Cairo on. penon In rrvry twenty to
blind.
B??? Atl.nl., Go.: Many icopt. In thl. city h??v.
aere.tdcriretometliollon. JelTonwn tl.vlr. Why
r.n???tlimngcmmu ta mad. to hive him lecture
Hr. D.vl. decline. .II Invitation, to lectnre, and
II would bo tueltu to Invlle'blm Ian for that pur-
pree. lleb.ll.rc.thwunderth.elreminunoe.lt
I. better for him to remain In dlgnlftod retirement,
enjoying blmtclf with hi. Mend. ??nd hlr book.
J, C. P. Whltovllloj N. a 1 How did
General Andrew Juluon get the nuw of "Old
Illrkoryf??? 2. Whero cui I get the reed of Kaffir
eon? I. What weald be an appropriate name for
tract of woodland Intended for rettlement,
1. The naan wan given him bec.ure la waa *>
** ??cl?,, , tVJ , viJi^ MBrtU '
fiuiocribor, AnnUton, Ala.: Who waa Sant*
Clown
BanU Ciena, or Saint Nicholas to the patron
???atntofboyL Ha to mid to have been the btrhop
of Myra, In Lyeto, and to havo died In 1M. Of Mr
hUtory Utile or nothing to known with
aa the bearer of prevent, to children on
Chrirtnuu ore ta well known. Ho to raid to havo
???applied threa dcetltute maldena with marrlago
Ingr. :
Tho final, I. Great butw. ore meeting It For
onr hewing Machine, are mm A_ jreat man^are
BXJY
PIANO
???OR???
ORGAN
-FOR-
XMAS
Prices and terms to suit yon. Mu
sic Boxes one to twelve airs, 50 ct??.
to ttoo.