About The Atlanta constitution. (Atlanta, Ga.) 1885-19?? | View Entire Issue (May 11, 1903)
CONSTITUTIONAL CONVENTION GIVEN BLACK EYE BY JENNINGS Sensational Veto Message by the Governor of State of Florida —Southern. Legislators Were Faffing Into Trap—Joker Contained in Efections-of-Senators by the-People Resolutions Exposed. By Jos: OhL Tallahassee. Fla.. May 7.—(Special.)— ! The eovernor of the state of Florida has served notice upon the people of his state, the south and the country at large of the grave dangers Involved In a movement to which many southern people, and some southern states, have unthuughtedly lent their aid. Os fax-reaching Import is a veto message which Governor Jennings has just sent to the Florida legislature. Locally this message has attracted atten tion principally because of a discussion in the senate over the question whether the governor had authority to veto tills par ticular measure, but, even here where there has been much discussion of this phase of the matter, the broad signifi cance of the governor's act does not seem to be fully realized. It is a pretty safe prediction that, as a result of his act, a movement which was well under way, will have a quietus placed upon it. This is the movement for the calling of a constitutional convention of ‘the United States. Many States Have Acted. Under the guise of making effective the sentiment prevailing in many quarters in favor of the election of I nited States senators by the direct vote of the people, the legislatures of a number of states—it is said of twenty-four have adopted res olutions addressed to the congress re questing that a constitutional convention be called In accordance with the provis ions of article 5 of the constitution of the United States. Florid;! was number twen tv-live on the list—or would have been had the governor not exercised his veto power upon the joint resolution which had passed both houses and was presented to him in tiie usual order of tilings for his approval. While tills veto message was being considered In the senate, tiie house, apparently without knowledge that 1. had been written, had pointed out to it by a prominent member the dangers involved in the resolution, and promptly took action which was in effect a request upon the governor that he exercise nis veto upon the resolution which had so re tentlv been passed. Subsequently tiie senate, by formal vote, sustained the gov ernor In his veto, and the danger so far as Florida Is concerned, is past. Florida Against Convention. Whatever other states may or may not do, Florida will have no hand In tho call ing of a constitutional convention of the United States. Tho full text of Governor Jenning’s ve to message is worthy the study of ev ei y man interested in the peace and welfare of the south, it Is given its first publi cation in The Constitution. In it Governor Jennings, who has always been an advo cate of the principle of the election of United States senators by the direct vote of the people. : i -sent. arly aid s • ' ■ cinctly the dangers of the method provd ed In the resolution for securing that cud. Perhaps some of the dangers which one Fees pictured between the lines ot tne got error's text may be more fancied than real; but they are possibilities and, as fucli, ate sufficient io call a halt, so rat as the south is concerned, upon this con stitutional convention movement. Some of the Possibilities. An upturning of the present conditions —lnvolving the overthrow of all that has been accomplish; i by ballot reform laws and state constitutions; a federal elec tions law; a change In the representation in congress; a return of the turmoil and strife of the days when these states wore being redeemed from the evils of the reconstruction period—all these, things are possible should the plan which Gov ernor Jennings frowns upon be carried through to success. It makes no differ ence that the men back of tho constitu tional convention movement are them selves strongly opposed to all these things. If they place such a club In the hands of their political enemies, they must abide, by t result and share in the responsibility 'or it. If. too, by being instrumental in bringing into life Hitch a convention they place in the hands of the great ■ rporate Interests of the country—with marvelous wealth at their command—the power to place themselves beyond the reach of congress by stretch ing and strengthening the interstate commerce provisions of the constitution or by great y increasing the powers of the fnde.-i. Judiciary, for this, too, must they bear their full snare of responsibil- 5o Grounds for Doubt. Does anybody doubt, If tho opportunity is g. ■ n to corporate interests of the com T to s:> strengthen themselves, that It w 1 bo accepted, promptly and with I: win not do to paas these things over ss fancied rather than real dangers. So long as they aro possible, they serve as a menace’ to the Interests of tho people. The constitutional convention movement does present fhr-se possibilities -there can be no question about It. It is in the light of such possibilities Cured At 70 of Heart Dis ease Contracted During Civil War- Veteran Grateful. Dr. Miles* Heart Cure Effected Cure. Heart disease is curable, :-at in people of advanced age it'locs not readily lend itself to ordinary treatment. There is, however, hope for all sufferers in Dr. Miles’ Heart (lure, which we 1.t.0w from w.-.t.iiing hun deeds of case- and from the letters >,f grateful sufferers, will cure where all else has failed. It is not only a wonderful - s c for weak and diseased hearts, but it is a blood tonic, a reg ulator of the i.-ai.'s ; ;i .n and the most effective treatin' nt ever torniu ated for im proving the ct.-culalmn of the bl--<>d. “During th- Civil war I .-outractcd heart disease, ana in i'< .win living in the grand old town of Lexington, Vj., I grew so much worse, I li ft there with my v. re to visit my sister-in-law, Mi . I. A. Kirb ,at Roanoke, Va. While I said nothing to anyone 1 never expected to live to return to the dear old town. On reaching Mrs. Kirby's she insisted I should try Dr. Mil; 'Heart Cure. 1 pro cured a few bottles of it, al o the Nervine and Tonic. After using one or two bottles, I .mild see no improvement, and 1 despaired of ever being better, but my faithful wife in - -ted on keeping it tip. which I did. Im provement soon began in earnest an 1 I took hi all fifteen or sixteen bottles. I was re itored to p-ife<t health and wide lam 70 years old, I am comparatively a boy. You sir, are a benefactor, and 1 cheerfully recom mend Dr. Miles’ Heart Cure to suffering humanity.”—J- L. SLAUGHTER, Salem, Va. All druggists sell and guarantee first bottle Dr. Miles' Remedies. Send for free book on Nervous and Heart Diseases. Addres Dr. Miles Medical Co.. Elkhart Ind. j! message OF GOVERNOR ; i VETOING RESOLUTION j • ♦ • —. ... . ♦ • * * » -pHE veto message of Governor Jennings Is as follows: • ♦ * Hon. Frank Adams, President cf tire Senate. Tallahassee. Fla.—Sir: In £ 4 accordance wtth section 28. article 3, of the constitution. I transmit herewith 4 • joint resolution (No. 38), passed by the senate arid house of representatives ? 0 of the state <xf Florida, '•making application to congress, under the pro- • I vision of article 6of the constitution of the United States, for the calling of * • a convention to propose an amendment to ths constitution of the United | A States, malting United States senators elective in the several states by • ♦ direct vote of the people,” etc., without my approval. «. 1 This resolution won transmitted to ms in the regular course of bITS * ♦ passed by the legislature. j • Upon examination of article 5, of the constitution of the United States, • i it appears that: o ' "The congress, whenever two-thirds of both ticctsee shall deem it noces- * 4 nary. shall propose amendments to this constitution, or, on application of * • the legislatures of two-thlrds of the several states, shall call a convention » for proposing amendments, which, in either case, shall be valid to all In- • j tents and purposes as part of this constitution, when ratified by the legfs £ | latures of three-fourths of the several states, or by conventions In three , *> fourths thereof, as the one or the other mode of ratification may be pro • 0 posed by the congress." 0 * Thus, it appears that this resolution constitutes cn the part of Florida ‘ • her sov-wiegn and constitutional application to ths congress, as provided j | e for in article 5, of the constitution of the United States of America, to call a • a convention to propose an amendments to the ccnetttntlon of the United £ 4 States. 4 It is true that the language of the Joint resolution before me speedfias 4 • the purpose for which an amendment is sought, viz., "To propose an • * amendment to the constitution of the United States, making United States £ i senators elective In the several states by direct vote of tho people;" but j * Ida not understand that the toglelature can limit the powers and dutffee • 0 of a constitutional convention, called under tho provision of article 6, to any e * one particular amendment or purpose. I understand that the provisions of I 0 article 8 provides: © * First. That "The congress, whenever two-thlrds of both hnirses shall 4 deem it necessary, shall propose amendments to this constitution." • * This would limit the power of congress to proposing a specific amewul- ? o mmt, or amendments, and does not authorize congress to call » congres- « i slonal convention. £ 4 Second. It provides that: 4 • "On the application of tho legist aturee cf two thirds of ths several • ’ states (congress'! shall call a convention for proposing amendments." * 4 This resolution before me is In oompllance with the second provision » * mentioned; and, It is my opinion that, if a convention Is to be called, un- * s der the provisions of article 5, It would be a general convention and would • * have all the powers Incident to a g eneral convention to revise the const!- ° 4 tutton of the United States, or any part thereof, and make any' amend- 4 • ments thereto, that should be deemed advisable by the delegates partici- •» 0 patlng In such a convention. 0 Ido not understand that there exists a necessity for a constitutional i convention to revise the constitution of the United States. Should an * a amendment be desired for the purpose set forth in the resolution before » ’ me, it Is my opinion that, this amendment should be sought through the 1 * first provision of article 6as a single amendment for a specific purpose, 4 » without the. assembling of a constitutional convention. ® £ I am deeply impressed, after the investigation and study I have given • to tilts subject during the limited time that Is allotted to me by the con- f ’ stitutlon for the consideration of these matters (and the many other offl- ® a clal duties required of mo), with tho idea that ft is not for the best Inter- 6 t eats of the jieople of Florida -nor for Florida as e sovereignty—that she ’ * should take part in. or become a party to. an application to congress to 4 • call the convention as set forth In this resolution. • 1 Chapter 5014, laws of I>-Torlda. provides for the holding of primary- elec- , » tions in Florida for nominating candidates for any office under tho laws ? ? of this state, and to take the sense of the members of said party as to their ® o choice for United States senator. To my mind this meets the demand of <i * the people of Florida for an opportunity to participate directly- In the * 1 * selection of a person to represent them as United States senator. •’ The power of an election of a United States senator by members of the • * legislature maintains tho autonomy of states and. It seems to me, In the I light of our recent experience with the primary nomination, and the election • » of United States senator In obedience thereto by your honorable body. ? * that this Is the l>ost solution of what has appeared to tho public mind as 0 a 4 4 a difficult problem. t » Ido not deem It necessary that I should express my views on this sub- 4 0 Ject at any great length. Many re® sons appear to my mind that are ample * i to cause me to withhold my approval of the resol itton before me; but t “ those stated are, I trust, sufficient to Invite your attention to- what appears ’ e to me to boa very grave step that may lead to modifications of the constl- 0 ♦ tutlon not sought; to the reduction of our representation in congress, and * tend to destroy the peace and tranquility' ot our citizenship, now so high- 4 f ly enjoyed. ® a Therefore. I deem it my Imperative duty to return the resolution with- o ’ out my ajiproval. i I have the honor to remain, -wlt’a grsat respect, i 0 4> 4 Very truly yours, • ® W 8. JENNINGS, 4 * Governor of Florida. 4 S Se e -»-0 (j that Governor Jennings' veto should be ; studied; and studied in the light of such ! possibilities. It Is inevitable that his ac tion will Increase the commendation of I the people not only of his own state, ■ but of the entire south. Evidently Not Studied Carefully. i When this Joint resolution was under i consideration before the two houses of i the legislature, the statement was made j -and it was the general understanding— | that its adoption would mean nothing I more than a memorial from the Florida i legislature tn favor of congress submit i ting to the legislatures of the different i states an elections-by-the-people amend i moot to the constitution. It was sup | ported here, as It doubtless has been elso i where, on that understanding. The senti j ment In favor of the elections of senators ■ i by the direct vote of the people is not ‘of recent growth. Although they have I this, to al! Intents and purposes, in their primary system, the democrats of the southern states have been willing enough to lend their aid to those other states In which the people complain that they liave no voice in naming the senators. The democrats of the south have shown I this willingness time and again by the action of their legislatures in memorial i izlng congress. Never Before Contemplated. i But the present movement Involves i something which southern democrats ’ have never contemplated the calling to j gether of a constitutional convention ■ with its practically unlimited powers to I suggest, if not tc. make, changes of all I kinds. I One of the most persistent advocates I of ‘ lections by the people Is Mi'. Hearst, whose live newspapers have become pow erful political agencies in New York, Chicago and San Francisco. These news papers have been sending to democratic members of this and other legislatures copies of resolutions similar to that which has created such a sensation here, and these legislators—or some of them— have acted upon the suggestions sent them without, apparently, understanding their full import. Certainly that was the case here. The men who supported this particular joint resolution had no other idea than that it was, in effect, a mere memorial to congress such as had been sent on many times before. V-dely Different Methods. Governor Jennings draws the distinction clearly and sharply in his veto message. The two 'methods which tin- constitution provides for bringing about constitutional amendments or changes differ widely one from the other. First, it is provided that "The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to the constitution," 'GTE WEEKLY CONSTmiTIOISi .ATLANTA. GAo, MO2WAY. MAY 11, 1903. I which shall become valid when ratified ! by the legislatures of three-fourths of i the states or by conventions In as many states. This plan gives to one-third of . the membership of either house of con . gress the power to prevent the submis ■ slots to the legislatures, or to state con- I vetitiona, of any obnoxious amendments. , The power of congress Is limited to pro posing a specific amendment or amend- I ments The practical working of this ; plan of procedure would be to make it 1m- I ossible for any amendment striking at I the. south to get the requisite vote in ; congress, in the first place, or to secure , ratification by tho necessary number of i legislatures. The Other Way. i The second method is that on the nppll- I cation of the legislature of two-thirds of • the several states, congress "shall call a convention for proposing amendments.” | The size of tho "joker" in that constl , l utiona.l convention proposition must be ! •■■Pparent to everybody. While no charge Don t Stay Sick When a Postal Will Bring You Help. I Write mo today, for each day s delay means a day more of ill-health. Just tell j iii • which book to s< nd. i will mail you an order—good at any , ding .- tore -lor six bottles 1 )r. Shoop’s | Kestorauve. You may take it a month i 7." ■ ‘ ,is ’ tlle eosl is $3.50. II it tails, J will pay the druggist myself I aid your mere word ..hall decide it. ■While you are waiting, thousands of I others are. curd. out of each 40 who I make this month's test, there are 39 who I pay for it gladly because they get well | I willingly pay for the rest. i You don't need to have- faith in me I have the faith, for I know the remedy and I take the risk. Won’t yon simply try to get well? I have spent n lifetime in learning how ■o strengthen weak inside nerves' My Restorative brings back that power which alone operates the vital organs. 1 treat a weak organ as I would a weak engine, by giving it the power to act. My way’ al ways Slice.-‘ds, save when a ■ause’ like cancer makes a cure impossible. And most of these chronic diseases cannot be cured without it. You'll know this when vou read my book. simply stntewlii. li I i’yrpcpsm. t.eek veu want, and I ~J*!" 1 1 1 - address f>- Shoop. ''if I'ldneya, 1'...-, ~ls. Karine, ," r x y Vls . , Hook No.sfor Men (Healed.) I lioukNo. (ion Rheumatism. Mild cas*'*. not-chronic, are often cured by one or two bottlefl. At all druggists. of bad faith can He against those who have been active In promoting this scheme, there can bo little doubt that there are Possibilities of danger in many directions in a constitutional conventon. As Governor Jennings points out. "it would be a general convention and would have all the powers incident to a general convention to revise the constitution of the United States, or any' part thereof, and make any amendments thereto that should be deemed advisable by the dele gates participating In such a convention. Not Mere Memorial. And,, as the governor also clearly points I out, the legislature lending its vote to ’ tho call for such a convention is perform :mg an act of f ar greater Importance than i I giving a mere expression of opinion in : favor of any one proposed amendment, i By adopting, subh a resolution, the legis ' lature is entering the state’s sovereign I and constitutional application for a con stitution convention, and, moreover, it Is provided that when a sufficient number of legislatures have taken this step, the congress ‘ shall - ' call a convention —it be comes obligatory upon congress to act. So the act of each legislature,, instead of being a piere memorial or expression cf opinion, becomes part of the final act < t calling together the constitutional con vention with it s practically unlimit-d powers. As to Ratification. That Is not all. Take it for granted that iinendments proposed by the constitu ti.onal convention would have to bo rati fied by the states—though some publicists ' hold that a constitutional convention, once , assembled, becomes absolutely supreme. I \Ve have hid some interesting illustra j tions of this in the constitutional eonven ! tlon of some of the states—interesting ’ enough to giv.. rise to doubts,, to say the j l>-a.st of it. But even if it were agreed ; that the .proposed amendments should J be submitted t., the states for their rati- I fication or reji.-tion, it is worth noting I that the pov. i rests with congress to say how they shall be passed upon. They may be ratified “by the legtsla- ' tures” or "by conventions'' according as I congress may decide. Not congr-. -by a two-thlrds vote, but just "congress"—which means congress by a majority vote of the two houses. I A Big Black One! i Nigger in the wood-pile? Suppose the j I republican party, w-hlch has en excellent , working majority In both houses, should j deem it. good politics to provide for a , federal education law, which it could ' certainly- do, because it would control any ( institutional 'onventlon that might be I called; and suppose tho republican con- | :.-r- -s, as a part of the plan, should pro- : i \ ide for r.-itili itl in by state conventions, ; I . nd should further prescribe that every ' male citizen of <mli state, regardless of, the election laws of that state, should have a vote in selecting delegates to that j convention; th- n would you have your ' "Nigger in the wood-pile,” and out of it ! as well? Won't Do To Trust. i , A good many people honestly believe j ■ that the southern states will never again | I be troubled on this score by tho republl- I ■ can party. It. will not do to be too op timistic on ih"i point. The republican oarty has never yet ceased to cater to ; ' the negro vote which gives that party its control of at least half a dozen northern states; and It is pretty safe to predict that, given thr, power, the republican! I oliticians would Jump at the opportunity to strike a blow at the democratic south. ! Jennings Sees Such Possibilities. j AH these possibilities of trouble aro ' ■ involved in the proposition for a const!- i tutional convention. Governor Jennings ' ! has not cared to go Into details, but that : i he sees these po'-sibilities will be appar- , : ent to everybody who studies his message. | His ve'" messuo has met the overwhelm- , ; ing approval f tho members of his J legisla.tut c as It will, I am sure, of the I people of tho youth. And 1 do not think ■ 1 am m take . when I say that tho ulti- I mate effect, o’ this message will be the ! death of ths> constitutional convention I | movement- A Chance To Make Money. ; 1 have berries, grapes and peaches a ' i year old, fresh as when picked. 1 used i : Hie California Cold I’roc - ; .s. Do not h'-at 1 | or sea! ’lie fruit, just put it up cold, : keeps perfectly fresh, and costs almost nothing; can put up a husmd in ten min- . ■ utes. Last year I sold dlia-etions to over I I 120 families in one week; - iiy one will pay : I a dollar for directions -wm-n they see tho ; I beautiful samples of fruit As there are | : many people poor like mvself I consider it i I my duty to give my exo'-tfence to such I ' and feel confident any o . can make one ' i or two hundred dollars round homo Hi ! a. few dnvs. I will mail sample of ’ fruit and full directions to any of your i readers for nineteen <l3) 2-ccnt stamps, i which Is only the actual cost of tho sam ples. postage, etc. Francis Casey, St. Louis, Mo. 0 DARING CHARGE LED BY REESE. Georgian and His Men Rushed Stone Fort Heid by Filipinos. Washington, May 4.—Unofficial reports ’ received nt 'ho w-r department give ad ditional details of tho campaign which resulted lit the death of "General” San : Miguel and tho utter rout of his band of outlaws by th" Philippine scouts com mand"! by Lieutenants Nickerson and Reese. The scouts located San Miguel's bnnd I about half way between Caloocnn and Marlqulntt. in a strongly fortified car- . ral and block house built by tiie Span- i lards many years ago, and so w.-Il con- . ceuled by jungle that It bad escaped dis covery. Lieutenants Nickerson and Reese : and their men made a gallant attack on i this stronghold under a he avy lire from ! the enemy through the loop holes In tho : wall surrounding the block house. Tho scouts charged over the wall and engaged : tiie enemy in a hand to hand combat, utiving them into tiho fort. In this as- ■ sault Lieutentnt Reese was shot through the thigh just below tho groin. San Miguel, surrounded by a devoted , bodyguard of about thirty mon, under- i took to slip through the line, but being - discovered pat up a plucky running fight. ; l,l<-utenant Nickm-son with fifteen men attacked Son Miguel's party, but with held their fire until within short range, when they put three bullets through San ’ Miguel's body. San Miguel died gamely. I shooting while lying on the ground wounded Six of his bodyguard were killed. The remainder escaped in the : dense jungle. The light lasted about an hour am! a j half. The Americans lost three killed ! and ten wound'd. Including Lieutenant Reese. Tho enemy Jost forty dead that , were counted and the jungle concealed ; other killed and wounded. No prison- ! ers were taken. Many valuable papers : were found on the bodies of the dead and : were said to contain evidence against ' several prominent officials in the prov- ' Ince. 0 MEN CAUGHT IN DEATH TRAP. Nine Are Killed Outright and Five ' Seriously Injured. Roanoke. Va., May T.—Details reached here this afternoon of a fearful catas trophe which occurred late yesterday evening In the east end of West End tunnel, known as tunnel No. 2, at Eggle ston Springs. Giles county, on the Nor folk and Western railway, In which nine men were killed and five Injured, three of them fatally, while two others were almost miraculously saved. Railroad contractors were engaged in double tracking the two tunnels at the point named, and It w.tS due to their operations that the accident happened It seems that when the tunneling force had removed the earth and stone for the i tracks at the point where tho calamity ' occurred a huge slide of solid stone gave way on the mountainside and came down at an angle of about <5 degrees strik ing the gang fairly and literdly crush ing the life out of nine nu n. This strata j of solid rock was found, on examination, to be connected only by clay seams, and when the foundation was removed the strata, some 50 feet long, came with tre mendous force and without warning, catching the. men in the death trap. FUHD IS APPLIED TO STATE DEBT. Substitutes Were Pressed Favoring Pension and School Funds, but Payment of State Debt Proved More Popular Plan. Tallahassee, Fla., May 4—(Special.)— Tito house had both morning and after noon sessions today, but the senate had only a late afternoon session. The house took the important action ot passing a bill to ripply $579,5715.87 from the Indian war claims fund to payment of the state's bonded indebtedness. Before the bill was passed, substitutes by Jack son. of Citrus, proposing to turn the In dian war claim fund into the general revenue fund, and by McNamee, of Hills borough, proposing to divide the fund between the pension and state, school funds were killed. McNamee made a brilliant fight to carry his substitute, but the house seemed decided on paying the state debt. Another hard fight during the morning sessoln was over the bills providing for insuring state property. McNamee con tinu'd his fight of Saturday to substi tute Insurance by the state Itself as in surer. arid made several eloquent speeches In its behalf, but it was indefinitely post poned, and Senator Blount's bill provid ing tor old-line insurance and placing the duty of arranging it on the governor and his cabinet’ passed to the third reading. New Bills in the House. Among the new bills introduced in the house were four by McNamee, of Hills borough, embodying the recommendations or the last sheriffs' convention; first, providing for payment of jailers where em ployment is found necessary; second, pro viding that sheriffs and clerks must be pall for services within two months af ter services .are rendered; third, prescrib ing sheriff fees in county courts; fourth, providing rewards for officers and en couraging vigilance on their part. .McNamee introduced another bill pro viding for employment of acting state .attorneys in certain cases. Other new bills were by West, of Santa Rosa, requiring- fire insurance companies to transact their business In Florida through resident agents and prohibiting a division of premiums with non-resident agents; by Ware, of Washington, to re peal incorpatlon of the town of Vernon; by Love, of Gadsden, providing for issue of bonds by Quincy for water works and electric lights. Speaker Gibbons presented two docu ments relating to the Indian war claims fund. First, claim of Sidney I. Wailes for alleged services In collecting money from the federal government. Second, advance sheet from the state superintend ent's report claiming $188,41.'; 41 as owing to tho school fund, and asking for $200,("8) more. Collection Fee Asked by Wailes. Tallahassee, Fla., Al'iy s.—(Special.) This afternoon tho senate judiciary com mitti.-e hold a. public session to hear tho presentation of Sidney J. Wailes' claim for $105,000 commission for alleged ser vl'-es In collecting Indian war claims money from tho federal government. Former Governor Bloxharn, Major George W. Fairbanks. Former Con gf. -011(11 Bullock, Dougherty and David son w.re sworn and testified to valuable servle'-s rendered by Wailes in prepar ing claims for presentation to congress The house judiciary committee this af ternoon derided unanimously to report tomorrow for passage the Swayme im p. n.-liment : • : .lution. which has passed the senate. Florida, Divorce Law Discussed. Tallahassee, Fla., May 6—(Special.)— No question is receiving more attention i from the present legislature than that of ' tiie divorce laws of Florida. As the law now stands, there are now I ton grounds- for divorce In this state, briefly stated as follows: 1 That the parties are within the de- I gr.es prohibited by law. 2 That the defendant is naturally Im potent. That tho defendant has boon guilty : of adulterv. 1. Extreme cruelty. 5 Habitual indulgence by defendant in: violent and ungovernable temper. tl. Jlabftual intemperance. 7. 'Wilful, obstinate and continued de- I sertlon for one year. s. That defendant has obtained a di vorce from complainant in any other state or country. 9 That either party had a husband nr | wife living at tho time of the marriage sought t" bo annulled. 10. Incurable insanity for four years, j The bete noir of the present situation is tho ten'll or Inst ground which is the! cause embodied in the law which is : known as the Flagler divorce law. enact- ! <d at the last session of the legislature, i It will bo remembered that Henry M : Flagler, vb-e president of the Standard id! Company, who built the Florida East . Coast railway and the famous series of : palatial hotels along its line, had an tn- ■■ sane wife, confined In a New York pri vate saiiiturium. S-veral years ago Mr. Flagler established his residence in Dade : county, Florida. At the session of 1991 , of t lie Florida legislature a law was ' enacted making incurable Insanity for . four years a ground for divorce, and it ; was openly alleged and commonly be- ' lieved that the object of Hie measure : was to enable Mr. Flagler to obtain a divorce from his insane wife. This view was strengthened by the fact 1 that Mr. l-'lagb r did sr.un thereafter avail i nd di secun divorce in Dade county from his insane wife. The circumstances alleged to have | attended the passage of the insanity di- . vorce act. the promptness with which Mr. i Flagler availed himself of its provisions I to secure Ids release from his unfortuna’e wit'.- and his early remtttriage to a young ! woman of North Carolina caused a very ; great scandal ail over Florida. The pco- ; jtle seemed to feel that their representa- : live- had beep bribed, their state's good r.-tnie besmirched and themselves out- ! raged. Impeachment Resolutions Passed. TaHahas.’e. Fla.. May 9.—(Special.)—At i the morning session 'of the house. Mr. Horne, of Jackson, called up the senate joint r' solution denouncing United States Judge Charles Swayne as corrupt and in competent ami asking congress to im pea< h him. Under the suspension of rules the reso lution was read the second and third I times and placed upon its final passage. Mr. Jewel, of Orange, spoke In oppos! ! tfon to Hie resolution, stating he had known Judy.- Swayne as a member of the bar and had always found him a gentle- A <<reai very DROPSY <1 K KI) with vegetable remedies, entirely harm* ! less; removes all synip toms of dropsy in 8 to _’<) days. SO to 60 days er fect'i a permanent cure. 'Trial tr-- tment in r niahed ree to everv .<m’ rer; nothing fairer, or circulars, testimoti ais, etc., apply to Dr-H.H.Green's Sons. Box A, Atlanta, Ga E 7 t. THOUSANDS HAVE KIDNEY TROUBLE AND DON’T KNOW IT ST ' . sH! :! i r e : i • f .. ; 'A-f' • c"-’ : ’ -A A / I ■ .. -J- s/ ■ ' t To Prove What Swamp-Root, the Great Kidney Remedy, Will Do for YOU, Every Reader of The Constitution May Have a Sample Bottle Sent Free by Mail. Weak and unhealthy kidneys are responsible for more sickness and suffering than any other disease, therefore, when throtigh neg lect or other causes, kidney trouble is permitted to continue, fatal re sults arc sure to follow. Your other organs may need attention hut your kidney* most, because they do most and need attention first. If you are sick or “feel badly,” begin taking Dr. Kilmer s Swamp- Root, the great kidney, liver and bladder remedy, because as soon as your kidneys are well they will help all the other organs to health. A trial will convince anyone. The mild and Immediate effect of Dr. j Kilmer's Swamp-Root, the great kidney : and blaxlder remedy, Is soon realized. It , stands the highest for Its wonderful cures 1 of the most distressing cases. Swamp- Root will set your whole system right, and the best proof of this is a trial. 14 East 120th St., N"w York City. : ■ Dear Sir Oct 15th, 1902. "I had b-en suffering severely from kidney ; trouble. Al! symptoms were on hand: my termer strength and power had left me; t ' could hardly drag myself along. Even my i mental capacity was giving out. and often I ■ wished to die. It was then I eaw an adver- i i tlsement of yours tn a New York paper, but ! would not have paid any attention to It. had I it not pr imlsed a sv gu ' bottle of your msdleine, asserting (b.at ■ *ir - Swamp-Root Is purely vegetable, and does’ not ' : contain any harmful drugs. I am seventy years and foui ! conscience 1 can r.’ .mmend Swam It t to *ll sufferers from kidney troubles Four mem- i tors of my family l ave been using Swamp- I i Root for four Jlfferen’ kidney diseases, with i the same good results." With many thanks to you, I remain, Very truly yours. ROBERT BERNER. I You may have a sample bottle of this famous kidney remedy, Swamp-Root, sent free by mall, postpaid, by which you may test its virtues for such disorders as ; EDITORIAL NOTICE. -It you ha-, e the sllghtes" iiympl >me ' bladder trouble, or if there is a trace of it in your family history, . '- a at Dr. Kilmer & Co., Binghamton, N Y.. who will gladly send ; b m-' ately, without cost to you, a sample bottle of Sv--'-'. many of the thousands upon thousands of testimonial lei re.-.' and women cured In writing, be sure to say that you r s I t; The Atlanta Weekly Constitution. man. Mr. Jewel thought the resolution too scathing. Mr. Wells, of Hillsborough, also op posed the resolution. Ho thought the legislature had no business preferring ■ such charges against, a United States ; judge and was unwilling to condemn i Judge Swayne without proof of the truth ! of the unsworn statements contained In ■ the resolution. Mr. Ware, of Washington, expressed j surprise at the haste manifested in push- t ing tho resolution, as congress will not ■ meet for six months. He quoted from the . record ot affirmation and reversals on ap peals from Judge Swayne's decisions t ‘ rebut tho charges of Ignorance and in- , competency He claimed that th* -esolu- , tlon was a prejudgment of the ease, falsely purporting to emanate from an i outraged people, referred to lobbying among the legislators by Bankers Oneal, ! of Pensacola, for the resolution, inti mating that the resolution was con ceived for Oneal's benefit and spite. Mr. Horne, of Jackson, produced copies of the records of Judge Swayne's court, tending to show irregularities in the ad ministration of the bankruptcy law. He said no lobbyist had approached him. Mr. Ware had affidavits of court >lll - read, denying seriatim lhe charges in the resolution. Mr. Watson, of Osceola, supported tho resolution, referring to the trial in Swayne's court of democrats charged with election frauds, wherein, he alleged, the fudge Instructed the marshal to select as jurors only “true and tried repub licans.'' Mr. Watson expressed the conviction that Judge Swayne had no respect for a white man who Is a democrat. .Mr. Campbell, of Walton, supported the resolution. He thought Judge Swayne open to suspicion, and that he had lost th" respect of the people. He wanted tin light of congressional investigation and attacked the affidavits offered by Mr. ■Witte as coming from members of Judge Swavne's official household. The vote was taken and the resolution was adopted without any amendment -40 to 10. Crawford. Hedge. Jewel Mote, Oven, Robinson. Sprague. Wall, Ware atfd Wells voted against resolution. Opium, Morphine —Free Treatment. Painless home cure guaranteed. Free trial. Dr. Tucker. Atlanta, Ga. JUDGE ROASTS CONGRESS. Creation of Wilkesboro Term ot Fed- | eral Court Cause of Criticism. Asheville. N C.. May 8.-(Special.)- i Judge Janies E. Boyd, who, during the j last session of congress, bitterly opposed ■ the establishment of the term of the fed- i eral court at Wilkesboro, yesterday gave utterance from the bench to varied and remarkable sentiments with respect to the creation of the court. Without calling names, he declared that those who were responsible for the court, meaning former Senator Pritchard and I Congressman Blackburn, had put through congress a silly piece of legislation. Judge Boyd declared he did not propose to suffer either in mind or body with dirty hotel accommodation at Wilkesboro, and that, he would not put up with any thing of the sort if changes could not be made. Last winter Congressman Kluttz told Attorney General Knox, in Judge Boyd's presence, that while the hotels at Wilkes- j kidney, bladder and tirU- acid diseases, I poor digestion, when cr.tlge.l to pass your I water frequently night and day, smart i ing or irritation In passing, brick-dust or ' sediment In the urine, headache, backache, : lame brick, dizziness, sleeplessness, n»rv- I oust'ess, heart disturbance due to bad j kidney trouble, skin eruptions from bad blood, neuralgia, rheumatism, diabetes, ■ bloating, irritability, :• ■ : ■.■ :■ ■■ ’g. lack ot ambition, ! '. r -s ■.? fiesh. sallow I complexion, or Brichi's disease. I If your water, wh et allowed to remain i undisturbed in a g!•. s or bottle for I twenty-four hours, f rms a sediment or ' sett ing or has a cl ppeara se. It la j evidence that ycur kidneys and bladder I need Immediate attention. I Sw'imp-Root is the great discovery at iD r Kilmer the eminent kidney and blao i der’ «;>«'C’alist. Hospi'aD use It. with won- I derfu! -it.■'”■ = « -n b-'b slight and oero I crises. Doctors recommend. It to t patients and use It In their own f ' ’“i?' 7 ! boeausn they recognize In .'." 't the rreat«st and most, success;')! remedy. , ‘ Swamp-Root Is pleasant to ’ako ar 1 J I for sale the world "■.•er at dr ,ggts..' ' bottles of two siz s and ' w ’■ pri •■- -t. cents and one dollar. R. niem -'r ' J ! name Swamp-Root. Dr. K m-r Sw.imf l Root.’ and the address, Binghamton, N. j Y., on every oottle. i loro could not b ■■ast of '.w--. : l-Mh i facilities and hummim.' b : : I -runs . i J I regular menu, th- v w- g a-. ■ I for anvbodv. | Judge liovd's utteranc - v b-lng mwi i discussed, especial!" in 1 g'< " ■ • Lawyers say it is the f • •• i siding judge . r - .■ .. ii | criticism from the b. —. i Mrs. Barrett Talks of Neg"' I Detroit, May 8.--The m -ruing i Congress of Mothers w ' • ■ ' ' | reading of reports hr .-.to :■ ♦ and organizers. In her report Mrs. Carer, ' !■!. A. ’••a, | state organizer of Vt.-h. gav<- - I enco a history of the Robb-rts c . M appealed to the congress for of sympathy that would !•-• :r..C t- • ' .1 . saving I'tah from Mormon r< ;c '' in the T’nited States ■-■m-r -s. Mrs Kate Mailer Barrett, ' >..-xr.- dria, Va., told of the work I - :.g :r --complfshed In her state townrd .> ‘ for unfortunate chlid.ren - d tile a"-m; to secure the child labor. "It has only been of bite ye.-a." said, "that Virginia has felt, the no ea sily of such law-." This fact was attri"mt-"d to lof foreign population 'li.h !i:-d .-■■> ta'-'d "'it states in the union. Although southern born. Mrs. i:-'. "rott appealed to the women of the . ~ar. s" in the interest of the negro motli- .; -I ask ed them to work for t’>-- ;>• '! < i’ '-ie vatlng the black woman, who -1, said, wore just emerging fr rn Is ■■■ v Wants To Quit Noble H .s’ ir.'’ New Y rk. May 1 ’ Countess von Borss. who. bes- re in • mar riage, was Miss Josephine F Iman, of Indianapolis, and at. one time the be trothed of Sign -: Marconi, f v ■ ss telegraphy fame, has sailed frot for A meri :a for the i ■ divorce from her titled husband She Is a daughter of Judge Holman, a promi nent citizen and l ading jurist cf Indian apolis. _ $1.69 FOR THIS ELEI sS HAT This number is < f the ißf-bt drtiHns. k '/■;** 24, V s ;• 4 , I . hi-> $s a irenusm* I’nrl-ian V .uUtern Imt aa • cart; •- t ~t j ■ I .ist’.n. tivt ness t! .t ;cn !s rl- ' ■r* • gar. **. a lieitutlful hand* '•v i"*' ' V'"' *' made dr *ha| ? n a wire 't l n* frame, dio ps in li k and I • -». Dftbi ie. V t ? ..o'- ,t tc-. v l„- , Y j g' brai i, r. -l t -; 1 ' ’ V ' i with best qtinil'r cilL, >. !. h -Z ‘ \ |is fastened in front and back / i-»i • ’*•’ 1 1 with a < nt «.teel biic'J -. with • ends of siik falling i. cr ba *, in it -il o' t \ ’l'-nt made straw olacqne n bunch of ernvhed tnnii«»el!or rn«r» and !mi rted fol .V' •.elvet b.«n ean irimme iw th ■■ ' ' 1,1 * beautiful hat. < .. ;li -•• >.) .•_ - . ... '* • - rder. send ONLY by express, and you can riaijlne ? ran full*. .• : . leases you. pav the express apent ft with the < . - n 1 ■ ® HAT IS YOURS i.rmem’. r. d t‘‘ t - ' v.’jcn it ,-.rrit. rebirnit.it i)l K ’ \i‘ '• I v ; '' • 1 retnna x - ftl t any delay v« Mholchblr i-rlcM on home euppKcs ‘ i b? ' * toclac. JOHN It. THOMPSON & CO . 38\8u*e St.. CHICAGO 3
