Newspaper Page Text
'®be ILvi-Ukcldi) Bouwial
VOL. XXIII. NO. 17.
INVESTIGATION OF
PALMER'S PIHI IN
COALCASE BEGUN
U. S. Judge Asserts He Is
Going to Find Out If Attor
ney General Can “Ham
string” Case in His Court
INDIANAPOLIS, Ind.. Nov. B—At
the request of the government, the
conspiracy case against 125 soft coal
miners and operators of Indiana, Ill
inois, Ohio and Western Pennsyl
vania was continued when called in
the United States district court of
Judge A. B. Andrews here this-morn
ing.
Judge Anderson then immediately
started upon his investigation of
Attorney General A. Mitchell Pal-
I mer’s connection in the case, at one
tihie declaring “I’m going to tind out
the attorney general can
hamstring a case in this court.” Dan
W. Sims, of Lafayette, Ind., who re
cently resigned as special assistant
district attorney in the case, was
the first witness called in the inves
tigation.
Special Assistant U, S. District
Attorney Slack moved for the con
tinuance. The attorney general, he
said, had written a letter which con
tained instructions to eliminate cer
tain facts, which, if carried out would
practically nullify the government’s
case.
In making the -motion Mr. S.ack
quoted the following letter of Oc
tober 1, 1920, from Attorney Gener
al Palmer to his special assistant,
Dan W. Simms, at that time in
charge of the government's case:
* More Time Asked
“This is to remind you that the
ease against the miners is to be
based on facts obtained after the
Injunction proceedings and is not
to be based on facts obtained before
the injunction proceedings.
“This is in accordance with un
derstanding when I was in Indianap
olis.”
Shortly after this, Mr. Slack said.
Mr. Simms resigned.
“ 'lf we eliminate the facts in your
letter it will practically nullify the
case,’ ” Mr. Slack said fie told Mr.
Palmer.
“It also is because of this and the
resignation of Mr. Simms that we are
rot ready to proceed with the case
and I must ask further time and op
portunity to arrange the case,” Mr.
Slack concluded.
Immediately upon the conclusion
of Mr. Slack’s “speech Judge Ander
son made the following statement:
“Here’s an attorney general who a
• month before the trial writes to his
assis 4 :.rts telling them to eliminate
the facts.
“Let’s investigate this.’’
He cicered that Messrs. Simms,
Slack and District Attorney Freder
ick Van Nuys be sworn and take the
stand.
Simms on Stand
Just btfcre questioning Mr. Simms
regarding Mr. Palmer’s visit here De
cember 8, 1919, Judge Anderson de
clared the trial should be continued
but that he would rule on the motion
for continuance later.
Mr. Simms declared that a confer
ence was held here on December 8 be
tween Mr. Palmer, Judge Andersen,
Mr. Slack, Judge C. B. Ames, assist-,
ant to Mr. Palmer, Mr, Van Nnys and
himself.
There was io suggestion at this
conference that any evidence be sup
pressed on the question. Mr. Simms
said. . .
Ihe “understanding” mentioned in
Mr. Palmer’s letter to Mr. Simms
was a mystery to him, Mr. Simms
said. . , ,
Mr. Simms said he resigned be
cause the facts which Mr. Palmer
suggested should be eliminated would
“t; ke the heart out of the case.”
Ur. Simms said he wrote to Mr.
Palmer explaining his resignation.
Me got no answer, he said.
Slack Called to Stand
Mr. Simms’ telegram from Mr.
Palmer in which Mr. Palmer is
quoted as saying both Mr. Simms
and Judge Anderson agreed with him
to withhold the facts, is suggested
in his letter of October 1 to Mr.
Simms. Mr. Simms said he attended
a conference with Mr. Palmer here,
December 8, but that no suggestion
was made regarding elimination of
any of the facts.
Judge Anderson asked Mr. Slack
if Mr. Palmer did not say he con
sidered the calling off of the strike
, a “surrender.” Mr. Slack answered
in the affirmative and Judge Ander
son asked: “And didn’t I agree that
there had been a surrender but was
not quite sure who made the sur
render?”
“Yes,” answered Mr. Slack.
Mr. Slack-testified he had received
a reply from Mr. Palmer in answer
to his letter seeking further inter
pretation of Mr. Palmer’s instruc
tions.
"But I have not been able to make
out just what he means,” said Mr.
Slack.
Mr. Van Nuys followed Mr. Slack
on the Witness stand.
Drug Store Burglar
Mistakes Poison for
Drug, Found Asleep
MACON, Ga., Nov. B.—A burglar
who broke into a wholesale drug es
tablishment here yesterday, appar
ently swallowed some poison while
in searcji of narcotics. A policeman
•found him asleep in a chair. In his
pockets were the keys to the nar
cotic vault. Twelve hours later he
was able to say him name was John
D u ffy. -
Two-Headed Snake
Found in Indiana
NEW ALBANY, Ind. —Jacob Graf,
a farmer, living eight miles north of
New Albany, looked into the furrow
he had plowed. He shaded his eyes
and looked again. Then he reached
for a club. The plow had intruded
on a thriving colony of snakes, which
hissed and squirmed naturally. Graf
was not a snake charmer, but he
succeeded in quieting the serpents.
Later he proceeded to bury them, but
paused.
“Gosh.” he said, “can you beat
Ahat?’
F He stooped over and lifted one of
the sinuous departed from the
ground. It had two heads. The rep
tile is on exhibition at Chester L.
Graf’s implement store.
Plan Launched for
World Exposition
In Atlanta, 1925
A CONCERTED movement of all Atlanta business and civic in
tereste for an international exposition in Atlanta in 1925
*■ that will draw millions of people to Georgia from all corners
of the globe will bejaunched at a meeting to be called by Mayor Key
within the next few days. ✓
The meeting will be called in accordance with a resolution
passed by city council, authorizing the mayor to appoint a commit
tee from that body and to request the appointment of other com
mittees from the Atlanta Chamber of Commerce, the Atlanta Retail
Merchants’ association, the Merchants and Manufacturers’ Associa
tion of Atlanta, the Atlanta Clearing House Association, the Geor
gian, the Constitution and The Journal, to consider the advisability
of holding a world’s fair.
“I will call the meeting as soon as I have heard from the let
ters requesting that these committees be appointed,” said Mayor
Key Saturday. “I have already had several answers. Let me urge
the others to reply at once.”
The movement for a world’s exposition in 1925 was given im
petus Saturday by a statement from H. G. Hastings, president of
the Southeastern Fair Association, in which he set forth vividly
and appealingly the tremendous asset such an exposition will be to
the south and Atlanta, and described how eminently practical the
plan is.
In addition to Mr. Hastings, such prominent Atlantians as Ivan
E. Allen, who first suggested the world’s fair idea several years ago;
W. E. Harrington, president of the Rotary club; Eugene R. Black,
president of the chamber of commerce; George P. Eubanks, presi
dent of the Kiwanis club; Dave W. Webb, president of the Advertis
ing club, and others indorsed enthusiastically the movement for the
fair in statements to The Journal Saturday.
Committees Appointed
At Request of Mayor
Other representative Atlantians
are on the fair committees appoint
ed, in accordance with the request
of the mayor.
The committee appointed from
council is composed of R. A. Gordon,
chairman and author of the resolu
tion; A. J. Orme, I. F. Styron, W, F.
Buchanan and Harvey Hatcher.
President Eugene Black, of the
chamber of commerce, has appoint
ed a committee composed of R. B.
Troutman, J. P. Allen. R. K. Rambo,
Lee Ashcraft and W. D. Ellis, Jr.
President W. M. Brownlee, of the
Retail Merchants ’association, has
appointed a committee composed of
Ivan E. Allen who first suggested
several years ago that Atlanta have
a world’s fair; John Aldredge, J. P.
Allen, Walter J. Wood and W. Brown
Hays.
President James J. Ragan has in
formed the mayor he will appoint at
once a committee from the Mer
chants and Manufacturers’ associa
tion. The three newspapers have
appointed representatives - Clark
Howell, Jr., of the Constitution;
James B. Nevin, of the Georgian, and
John S. Cohen, of The Journal. As
soon as the clearing house is heard
from, the meeting will b& called.
Leading Atlantians
Indorse Project
That the suggestion for the 1925
exposition will have the unqualified
indorsement of leading Atlantians,
is evidenced by the statements of
those interviewed by The Journal
Saturday. Some of these follow:
Ivan E. Allen, first president of
the Southeastern Fair association and
the “original world’s exposition man:”
“There is no better time to start a
world’s fair than right now, for it
has been, ten years since the San
Francisco exposition. There is no bet
ter place to hold it than the south.
Buffalo, Chicago, Portland, St. Louis,
San Diego, San Francisco and other
cities have had their world’s fairs.
It is time for the south to speak.
Let Atlanta lead the way before oth
er southern cities ‘beat, us to it.’
There is not another city the coun
try in a better position to stage a
world’s fair than Atlanta. Why?
Because we have already the nucleus
that will enable us to stage a bet
ter world’s fair at less expense than
any other city. At Lakewood, in the
Southeastern fair grounds, tfie city
has a million-dollar plant around
which the exposition can be built.
There we have 360 acres of ground,
plenty of room; transportation facil
ities already started; good roads al
ready leading to the grounds; from
two to three miles of paved roads
and walks inside the grounds; one
of the best race tracks in the coun
try; .three permanent elegant build
ings;. a grandstand with a seating
capacity of 6,000; electricity, water
and the like. The present South
eastern fair can be opened like a fan
into a world’s exposition. Only one
r.iile# of paving remains to be done
to give, in South Pryor street, a
straight thoroughfare into the
grounds at a distance from Five
Points exactly the same as .he
Piedmont Driving club is on the
north. The cattle pavilion can be
stuccoed, as were those at tWe San
Francisco exposition, to provide al
most at once additional splendid
buildings. If the city will issue a
million dollars’ worth of fair bonds,
if Atlanta citizens will raise a fund
of half a million, if the county and
the state will contribute a share, At
lanta can give a world’s fair equal to
any in the world’s History at halffche
cost it would be to any other city
and in five years' less time. And,
once it is given, Atlanta will have
in the exposition grounds, a perma
nent park that will be the most beau
tiful in the country and the finest
investment the city could make.”
President of Chamber
Interested In Big Flans
Eugene R. Black, president of the
Atlanta Chamber of Commerce: "The
chamber of commerce is deeply in
terested in having a world’s fair in
Atlanta in 1925. It believes there
is sufficient time, if work is started
at once, to prepare for ai exposition
that will be international in char
acter and will furnish the opportu
nity to people of the nation to visit
Atlanta and become familia, with
this section of the country. Atlanta
hasn’t attempted p’-'thing of this
sort since 1895. That lapse of thirty
years makes it proper for Atlanta
to be selected a:, the American city
for such an enterprise. There is
another good reason for a world’s
fair—because of the great progress
made in the last few years in ’ndus
tries, art, inventions and science,
there is every reason why the people
of the country should be given an
opportunity for a tremendous ex
hibit of the modern wonders of the
world. The fair will be an incentive
to trade, industry and prosperity of
the south, as well as a great influ
ence for education.”
ELOPERS FROM
STATE FARM ARE
HELD AT TAMPA
MILLEDGEVILLE, Ga., Nov. B.
Word was received at the state farm
today that J. W. Gans and Juanita
Weever, the couple who eloped from
the farm last week, had been captured
in 'J’ampa, Fla.
Gans, who was the only day guard
at the female building of the farm,
arranged with the Weeys?r girl, who
was a prisoner sent from Atlanta for
shoplifting, to draw money from the
bank ot buy clothing for her in which
she- was to make her escape. The
money was in the girl’s mother’s
name, who is now in the institution
charged with the same crime for
which her daughter was sentenced.
It is said she recently inherited a
large sum of money and that she
was financing the entire matter for
Gans and her daughter.
No particulars could be learned to
day from Tampa other than the cou
ple had been apprehended. Warden
Hayes is now on his way to Tampa
to take charge of•the couple and
bring them back to Milledgeville.
Story of the Girl
TAMPA. * Fla., Nov. 8.' —Juanita
Weaver, the 18-year-old prisoner
from Milledgeville, Ga., who eloped
with J. W. Gans, a guard, stated
last night, according to the police,
that she had left with Gans because
she was in deadly fear of her life.
Gans, she said, was infatuated with
her and threatened to kill her unless
she accompanied him. The man prom
ised to take her to Guba, she claimed,
but when they reached Tampa their
funds gave out. She claimed Gans
exerted an undue influence over her
because, she declared, he induced her
to resume the use of morphine, to
which she formerly had been ad
dicted.
Wh-rn arrested at a local hotel both
Gans and the girl denied their iden
tity, but when questioned separate
ly by the police, the girl broke down
and told her story.
Alfred W. Brewerton
Gets Letter of Thanks
From J. W. Gerard
Alfred W. Brewerton. The At
lanta Journal cartoonist, has receiv
ed the following letter from James
W. Gerard, former ambassador to
Germany, and in recent presidential
campaign chairman of the general
finance committee, of the national
Democratic committee:
“My dear Mr.
“On this last day the campaign,
I write to express to you the
sense of high appreciation of the
national committee for your very ef
fective cartoons, which I assure you
played a very important role in the
successful conduct of . our campaign.
"Regardless of the verdict of the
electorate, we shall have attained
a victory, because, as a fesult of
the efforts of the Democratic party,
America will ultimatelv assume the
moral leadership of the affairs of
the world.
“Yours sincerely,
“J. M. GERARD.”
Mr. Brewerton naturally may ac
knowledge the letter without any
qualms—his home state was one of
the staunchest in the list that de
clined to slide over into the Repub
lican column.
Bank of Colbert
Robbed of Liberty
Bonds and Stamps
ATHENS, Ga., Nov. 6. —The Bank
of Colbert, Ga., near here, was bur
glarized at an early hour Saturday
morning. Doors of the vaults were
blown open, but only the contents
of the safety deposit boxes were
taken by the robbers. Besides nu
merous private papers of little value
to anyone save the cwners, one thou
sand dollars in Liberfy bonds and a
quantity of postage stamps belong
ing to tie Colbert postoffice were
carried off by the burglars.
Pcstoffice inspectors and bank de
tectives began work on the case Sat
t rday at neon, but so far no clue has
been obtained.
Woman With Payroll
Foils Bandits by Hiding
Money in Stockings
CHICAGO, Nov. 6.—Four payroll
bandits who attacked Miss Marie
Radner, bookkeeper of a broom com
pany, and fled with her payroll
satchel this morning were enabled to
divide $9 in small change among
themselves.
Miss Radner had placed the bulk
of the payroll, all currency, in he' -
stockings before leaving the b r 'nk.
She was slightly bruised when
knocked down by one of the ban
dits.
$300,000 Fire at Nashville
NASHVILLE. Tenn.. Nov. 6.
Fire early tonight destroyed the
three-story building occupied by the
Buford Bros. Hardware company, en
tailing a loss estimated at more
than. 1300,000.
ATLANTA, GA., TUESDAY, NOVEMBER 9, 1920.
SOUTHERNBANKERS
ORGANIZE COTTON
EXPORT COMPANY
Only Products of South Will
Be Handled —New Orleans
to Be Headquarters—Robt.
F. Maddox Moving Spirit
NEW ORLEANS, Nov. 7.—The Fed
eral Foreign Finance corporation, a
$6,000,000 enterprise to finance foreign
trade, was organized here Saturday,
night at a meeting of over 100 lead
ing bankers of the south, following
an all-day session devoted to a dis
cussion of present conditions and
means of meeting the emergency.
This organization, which is the
second to be formed under the Edge
act, is three times larger than the
first bank formed for the same pur
pose several months ago in the east.
The headquarters of the bank will
be located in this city and its pur
poses will be to finance the foreign
marketing of all the south’s staple
products, both raw and manufac
tured, with particular attention to
cotton, rice, sugar and lumber.
Bankers from twelve southern
states have pledged their co-opera
tion afid have agreed to see that
their respective states raise the quo
tas assigned.
Directors Named
Subscriptions will be received un
til December 10.
While no constitution or by-laws
were adopted at the meeting here
Saturday, the duties of the respective
officers to be elected were agreed
upon and a-board of twenty directors
selected. The directors will meet at
an early date for the purpose of
electing officers of the new bank.
The directors elected include the
following:
Alabama—Oscar Wells, Birming
ham.
Arkansas—Moorhead Wright, Lit
tle Rock.
Georgia—Robert Maddox, Atlanta;.
Mills V. Lane, Savannah.
Louisiana—R. S. Hecht, J. E. Ban
de nand J. P. Butler, Jr., all of New
Orleans.
Mississippi—S. J. High. Tupelo.
North Carolina—J. Elwood Cox,
High Point.
South Carolina —J. Pope Mathews
Columbia.
Texas—J. A. Pondron, Houston-
Nathan Adams, Dallas; T. J. Cald
well, Fort Worth.
Tennessee—R. Brinkley Snowden,
Memphis.
Florida—Arthur Perry, Jackson
ville.
The directors for Oklahoma and
Virginia are yet to be selected.
Maddox Presides
Robert F. Maddox, of Atlanta pre
sided over an executive session
which started early Saturday and
which adjourned shortly before mid
night. At that time the plans of
the organizers were made public.
The meeting was called by Mr.
Maddox, who is chairman of a com
mittee appointed at the recent con
vention of the American Bankers as
sociation, to look into the possibili
ties of such an organization. The
products of the south will be han
dled in large quantities for export,
according to general plans of the
bankers. Particular attention will
be paid to the cotton situation.
Feeliftg Runs High
Against Preacher
Who Slew Innkeeper
WINDSOR, Ontario, Nov. 8. —
Whether Rev. J. O. L. Spracklin, min
ister and prohibition enforcement
leader, must stand trial for the slay
ing of Beverly Trumble, following a
raid on the latter’s inn Saturday
morning, may be known tonight. The
inquest into Trumble’s death began
Saturday night and adjourned early
Sunday morning, was to be continued
here this evening. Adjournment was
taken to permit officers to sarchh
for a man named “Ed Smith.” who is
said to have seen the shooting and
who is expected to testify whether
Trumble was armed when he was
killed. ,
Mr. Spracklin was in Chatham, On
torio, today. He was spirited from
the jail here early yesterday morn
ing when officers heard rumors that ’
an attempt at violence was being
planned by certain friends of Trum
ble.
Feeling ran high in the border
towns over Sunday. Much was made
of statements by Spracklin at the in
quest that he and his men had en
tered the hotel through a window
when they learned a fight had taken
place inside the building. Previous
to the inquest Spracklin had been
quoted as saying he and his men en
tered the place through the front
door.
Falls From Treetop
While After ’Possum
And Breaks Neck
TOCCOA, Ga., Nov. B.—While en
gaged in a fight with an opossum in
the top of a persimmon tree late last
night, Herbert Cobb, prominent young
white man, fell to the ground and
broke his neck He lived only a few
minutes..
SELLS TAILOR MADE SUITS
FOR $lB
The Lincoln Woolen Mills, Division
No. 637, Chicago, 111., will send anv
interested reader of this paper (with
out charge) a book of high-grade
cloth samples in many different col
ors and patterns Their prices are
extremely low and you will find it
to your advantage to send for this
free book and compare their prices
with others before you order new
clothes. An example of their values
is a durable and attractive, smooth
finished worsted at $lB for a three
piece suit, worth at least S3O at re
tail. Another big bargain is their
heavyweight, pure Australian virgin
wool blue serge on which they guar
antee to save you not less than S3O.
The company is large and reliable.
All garments are sent on approval.
Money will be returned any time cus
tomer is not well pleased. If inter
ested. write them today for their
latest price list. self-measuring
charts and free book.—(Advt.)
“KEEP A-GOIN’”
A LIT-TU.E-
STRJSXCH °F ROUfiH
AxiD “THEM IT VJILL
I SMOOTH TRAVELING-
, vjith a full tamk of
VME'LL MAKE IT A
~ L 27 |/M .SHAPE
Ay
j 1
xm w 1
HIGHWAYMEN ADMIT
KILLING MESSENGER
M STMG CASH
MOUNT HOLLY, N. J., Nov. B.
Frank J. James and Raymond M.
Schuck, both of Camden, confessed
yesterday, according to the police,
that they killed David S. Paul, the
Camden bank runner, robbed him of
$40,000 iij cash and buried the body
in the Jersey pines near Tabernacle.
The money was buried in Evergreen
cemetery in Camden and most of it
has been recovered, the officials
stated totnight.
The alleged confessions were given
in signed statements at the Burling
ton county jail here, -where both men
are prisoners. Although neither man
was aware the otner had confessed,
the officials state, their stories were
almost identical on important points.
Details of the confessions were not
made public but Ellis Parker, Bur
lington county detective, said the
two men had “carefully planned” but
"clumsily carried out the job.” Rob
bery was the motive, he asserted,
and no one but James and Schuck
was implicated.
Murdered Man Had $70,000
Paul was slain in Camden, accord
ing to Schuck’s confession as given
»ut by Parker on October 5. The de
tective did not say who did the act
ual killing.
The messenger, who was taking
about $40,000 in cash and $30,000 in
checks and securities from the
Broadway Trust company of Cam
den to a Philadelphia bank, was
picked up by James, the confessions
revealed, according to Park, at Sec
ond and Arch streets and offered a
ride to the ferries. A block further
on Schuck got in the automobile,
which had the back curtains down.
Near the ferry, where there was con
siderable noise, Paul was struck over
the head. This rendered him uncon
scious. Parker said Schuck declared
in his story, but did not kill him. He
was carried several blocks before
a was opportunity to “finish the
job. Paul was then beaten over the
head until his skull was crushed.
Schuck and James then drove to
Tabernacle, according to the alleged
confessions, and threw the body in a
small stream of water on the out
skirts of the town. They then re
turned to Camden and buried most of
the jnoney in Evergreen cemetery.
Paul’s body was left in the water un
til October 14, when the two men
made another trip to the pine belt
and buried it in the shallow grave
where it was found October 16 by
hunters.
Bolshevik Forces
Claim Victory Over
Army of Wrangel
KOVNO, Nov. B.—Bolshevik au
thorities today claimed General
Wrangel had been severed from his
base in the Crimea. Capture •of
much booty and thousands of pris
oners was announced.
According to the official statement,
Soviet troops have driven Wrangel
back from the seven-mile neck of
the peninsula and surrounded large
groups of his army. The important
cities of Perekop, Hisilkovo and
Novo Alexandrovski have fallen to
the Reds, they said.
General Wrangel’s anti-Bolshevik
forces after penetrating southern
Russia about 100 miles, were forced
back when Soivet reinforements
were released from the Polish front.
The retreat was rather precipitate
but Wrangel asserted he was retir
ing to strategic poistions. He made
a strong stand at a well-fortified
position across the narrow neck of
the Crimean peninsula. The Bol
shevik communique would indicate
that position was beginning to
crumble. <
BOY BITTEN BY
DOG SUCCUMBS
TO HYDROPHOBIA
Lucius Henderson, seven years old,
the s6n of Mr. and Mrs. Harry Hen
derson, of Alma, Ga., died at the
Wesley Memorial hospital Monday
morning from hydrophobia, as the
result of having been bitten by a
dog several weeks ago.
Nearly three weeks ago the little
boy was playing in the front yard
of his home when the dog, exhibiting
no signs of madness, bit him on the
lip. The wound was not considered
serious, and as the dog appeared nor
mal, Pasteur treatment was not
given at once.
Five days after the child was bit
ten, the dog manifested symptoms
of rabies, and Dr. W. N. Flanders,
of Alma, was hurriedly called by
the lad’s parents. He administered
the Pasteur treatment, continuing it
until last Monday, when the wound
healed and the boy appeared to be all
right.
Thursday, little Lucius began to
show symptoms of hydrophobia, and
was rushed to Atlanta. s Emergency
treatment was of no avail, and he
died early Monday.
He is survived by his parents. The
body is in charge of H. M. Patterson
& Son, and will be sent to Alma at
10 o’clock Monday night for funeral
and interment.
According to Dr. Flanders, who ac
companied the afflicted boy to At
lanta, the dog which bit Lucius was
a great favorite with the children of
the town. He was usually playing
with them, and on occasion had
scratched them with his teeth.
The wound which he gave .Lucius
was slightly more serious than any
previous ones, but the boy’s parents
thought even then that it was an
accident and did not suspect the dog
was mad. When, several days later,
the dog attempted to bite other chil
oren, and began acting queerly the
boy’s parents became alarmed and
summoned Dr. Flanders.
All the other children who were
bitten, and there were several, were
promptly given the Pasteur treatment,
and it is believed they are out of
danger.
TAX EQUALIZATION
LAW IS HELD
PARTLY INVALID
That the tax equalization law of
Georgia will not be entirely over
thrown by the decision of the United
States stipreme court announced
Monday, but only that portion of it
with reference to arbitration pro
ceedings, was the opinion express
ed Monday, when informed of the
decision, by Henry J. Fullbright,
state tax commissioner, and Judge
Arthur G. Powell, of the law firm
of Little, Powell. Smith & Gold
stein, which represented the plain
tiffs in the case.
The decision has been momentar-;
ily expected since the final argu
ments were made to the United I
States supreme court a month ago;
by Judge Powell, representing the I
plaintiffs, and Graham Wright, as-1
sistant attorney general of Georgia, i
representing the state in support ot '
the constitutionality of -s the tax j
equalization law. i
Chooses Death Rather
Than Chaingang Term
CHESTER, S. C„ Nov. B.—A. C.
Heitman, rather than go to the chain
gang for obtaining money under
false pretenses, hanged himself in
his cell here. The body was to be
sent to Lexington, N. C., today for
burial.
COCA-CDUBOTTLERS
WIN SUIT OUST
PIBENTJIMPINT
Judge H. M. Morris, of the United
States district court of Delaware,
has just decided that the contract be
tween the Coca-Cola company and the
parent bottling company distributing
the beverage, is perpetual and that
the Coca-Cola company must con
. tinue to furnish the bottlers with
' coca-cola syrup at the contract price,
97 cents per gallon. Telegraphic in
formation of the decision was receiv
ed by counsel on both sides Monday.
The suit involved hundreds of
thousands of dollars and affected
bottling concerns scattered through
out several states. It is understood
that the Coca-Cola company will car
ry the case to the United States cir
cuit court of appeals.
Some months ago the Coca-Cola
company, after its reorganization on
the basis of a $30,000,000 capitali
zation, served notice on the Coca-
Cola Bottling company, of Chatta
nooga, Tenn., the parent bottling
corporation, that the contract under
which Coca-Cola syrup had been fur
nished to the bottlers* would be can
celled on a certain date. As such
action on the part of the Coca-Cola
company would, it was alleged, mean
a tremendous loss to the bottlers,
who had erected costly plants and
had made huge investments in their
business, legal methods were em
ployed to prevent the cancellation of
the contract.
Claimed Ferpetual Contract
The bottlers held that the contract
was perpetual; that they had contrib
uted immensely to the successful de
velopment of Coca-Cola as a bever
age and had shared in the expense of
i fighting infringements on patents.
The suit was first filed in the Ful-
I ton superior court, but by agreement
I of counsel on both sides, it was with
| drawn and refiled in the United
; States district court of Delaware.
| where the chater of the reorganized
I Coca-Cola company was obtained,
i Another suit, filed by the bottlers
rafter the inauguration of legal pro
■ ceedings, sought to secure the Coca-
Cola formula from the Coca-Cola
company in the event the courts
held that the contract was not per
petual. This second suit will now
be dropped, since the upholding of
the contract with the bottlers ob
viates the necessity for such litiga
tion.
The case was fought by a brilliant
array of legal talent on both sides.
Counsel for the bottlers included the
firms of Charles T. and Linton C.
Hopkins; Rosser, Slaton. Phillips &
Hopkins; Spalding, McDougald and
Sibley and Ward, and Gray & Neary,
of Wilmington, Del. Representing
the Coca-Cola company were Attor
neys CVlifford L. Anderson, Robert
C. Alston, the firm of Candler,
Thmopson & Hirsch and Attorney
F. G. Hilles, of Wilmington, Del.
Governor Cox Coming
To Tuskegee, Ala.,
On a Hunting Trip
MONTGOMERY, Ala., Nov. «.
Governor James M. Cox, of Ohio,
Senator Harrison, of Mississippi,
and Former Senator Thomas Tag- i
gart, of Indiana, will reach Mont-1
gomery Thursday morning en 'route i
to Tuskegee, Ala., wnere they will |
be the guests of Colonel Ed Laslle, |
prominent planter and sportsman of j
Macon county, on a hunting trip, i
5 CENTS A COPY.
sl.B(> A YEAS.
SCRAPPING’ LEAGUE
WOULD BE FATAL,
ROOT TELLS
Advised Harding to Keep to
“Simple Issue of Ameri
canization;” Expect Pow
ers to Agree to Changes
BY DAVID LA WHENCE
(I.eased Wire Service to The Journal.)
(Copyright, 1920.)
(All Rights Reserved.)
WASHINGTON. Nov. 8. — Ellhu
Root has advised Senator Harding
that “a new deal from the begin
ning by abandoning the peace treaty
of Versailles is impossible and that
to attempt it would bring chaos and
an entire loss of the results of th«
war and general disaster involving
the United States.”
This advice, it now can be dis
closed, was given bv cablegram from
London by Mr. Root during the lat
ter part of August and was an ef
fort to keep Senator Harding from
adopting the extreme (position on
the treaty and league which Senator
Johnson was advocating.
The cablegram was sent partly as
a result of an inquiry by Will Hays,
chairman of the Republican nation
al committee, as to whether The
Hague court could not be so de
fined as to Include the work sup
posed to be the object of the League
of Nations. Also there is an in
teresting story of whit happened at
Marion when the cable from Mr.
Root arrived.
First of all, this correspondent
presents exclusively today in The
Atlanta Journal tlie ideas of Mr.
Root as cabled to p. man who was
stopping in Marion during the lat
ter part of August and who showed
the cablegram to Senator Harding.
Text of Cable
Here is what Mr. Root cabled:
“Declaration on which Hays ask«
an opinion cannot be defined. The
Hague court cannot be made to
cover anything but justiciable ques
tions. Matters- of state policy must
be dealt with by conference of pow
ers. See explanation in my letter
to Hays of March, 1919. It is very
unwise to declare the league dead
•—it would not be true. The league
has hardly begun to function be
cause the terms of peace have not
yet been enforced by the victorious
nations. Polish questions, for ex
ample, are properly being handled
by the foreign offices without any
reference to the league. They are
not the league’s business.
“In my opinion a new deal here
from the beginning by abandoning
Versailles treaty is impossible. To
attempt it would bring chaos and
an entire loss of rqpults of the war
and general disaster involving the
United States. The only possible
course is to keep the treaty, modify
ing it to meet the requirements of
the senate reservations and the Chi
cago platform and probably in some
other respects.
Advice to H&rding
‘‘The precise way in which some
modifications can be best made
must be 'determined at the time in
conference with the other parties. It
is impossible to forecast the meth
ods because conditions next March
are necessarily uncertain. Now the
central idea is that the deadlock re
sulted from President Wilson’s per
verse refusal to negotiate for the
consent of other powers to American
ization of the treaty, but that our
new administration will secure that
consent.
“A separate declaration of peace
was jjustified only by President Wil
son’s refusal to act. After March
fourth that will no longer be justi
fiable unless other powers refuse to
consent to modification, which I do
not anticipate. Don’t allow Cox to
drive you off the ground of Hard
ing’s senate vote and our platform.
Keep to the simple issue American
ization.”
By examining the dates of the
speeches in which Senator Harding
discussed the treaty and League of
Nations during the month of Sep
tember and October it will be noticed
that nothing was said publicly by
Mr. Harding which Elihu Root, at
any rate, interpreted as a contradic
tion of the advice given, for Mr.
Root himself continues to support
Harding and made a speech at Car
negie Hall, New York, in October
reiterating his own views on Article
X and urging the election of Hard
ing.
Harding Reported Displeased
In Marion, however, during the
past week s the writer learned that
Elihu Root was not held in the same
high favor on questions of foreign
policy as he appeared to be in Wash
ington and-New York and other parts
of the country where it had been
confidently believed that Mr. Root
would be the backbone of the Hard
ing administration on foreign pol
icy.
Indeed it will be noted that in al
most all the dispatches sent out
from Marion giving gossip about the
future cabinet, Mr. Root was not
named for secretary of state. It also
is declared that when the Root ■
cablegram came from Europe Sena
tor Harding showed his displeasure.
Whether he communicated his criti
cism to Mr. Root is not known to
the writer but from the fact that
the former secretary of state at a
later date made a public speech urg
ing the election of Harding on the
league issue, the inference may be
draivn that Mr. Root was not ac
quainted with any such disapproval.
Indeed, the only evidence presented
publicly that Senator Harding is dis
posed to disagree with Mr. Root
came after the election and during
the past week, when in an address
to the-crowds who came to cheer him
at Marion, Senator Harding spoke of
the election verdict and then referred
to the treaty of Versailles as “de
ceased."
Mr. Root had cabled that it was
“very unwise to declare the league
dead ’’
Friends of Treaty Hopeful
Friends of the treaty, however,
have not lost hope and the few
who know about Mr. Root’s cable
gram believe that Senator Harding
must inevitably accept the Root
view. As for the explanation made
in March, 1919, in the letter sent by
Mr. Root to Will Hays, the refer
ence to The Hague court in that
communication is as follows:
“There was a weakness in the
system devised by The Hague con
ference. It was__ that arbitration of
justiciable questions was not made
obligatory so that no nation could
bring another before the court un
less the defendant was willing to
come, and there was no way to en
force a judgment.”
After declaring that in his judg
ment strictly “justiciable or judi-
(Continued on Fa<* 7, Coloma, 4)