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'®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)