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Xhe Weather: plowing »r« the I jUrttltw* for Atinu Atlanta Georgian (and news) Spot omcm Atlnntfl. quiet, 11%. My, 11 1-16. VQL. V- NO. 261. HTTSlGHT ATLANTA, GA., SATURDAY, MAY 4,1907. PRICE: IS City Attorney Knows of No Forfeiture of Duct. battle expected before council Electric Company Insists That City Lost Duct by Ordinance. Has the city of Atlanta, through the Hording of the old consolidation ordi nance, lost the duct which she had In all the conduits of the Georgia Railway and Electric Company? This question was again brought up at the meeting of the committee on municipal and other railways Friday. Again President Arkwright expressed a determination to hold the duct, de spite the statements of the members of the committee that no such action was ever contemplated. Again Alder man Key and Councilman Longlno stated that they would oppose the granting of a single concession or grant to the company until the duct Is conceded to the city. Both the alderman and the council' man were members of the committee that passed on the consolidation ordl nance, and they Join with the other members In asserting that the forfeit ure of the city’s duct was not even mentioned. They were backed up In their con tentions by statements from every member of the consolidation ordinance committee, and by a statement from the city attorney, that the question of the city forfeiting Its ducts was not even discussed when afreet railway competition In Atlanta was allowed to cease. The Georgian three weeks ago se cured statements from every member of the committee who could be reached, and they ware unanimous In saying that such a thing as giving up the city duets did not even enter their heads, and that the matter was not mentioned at a single meeting. The city attorney has added hla evl dence that he recalls not a single dis cussion of the proposition. Among the members of the consolidation ordi nance committee, all'of whom say that If the ducts were forfeited It was through a Jugglery or Jumble of words, are such men as Alderman LaHatte, J. Frank Beck, II. F. Garrett, James E. Warren, James L. Key and T. D. Longlno. City Attorney’s Opinion, "As I stated before the committee on municipal and other railways Friday.” said City Attorney James L. Mayaon Saturday morning, "I can not recall a single discussion of this duct queS' tlon. ' "It the city forfeited Its duet In’all the conduits of the Georgia Railway and Elertrio Company, It certainly was not discussed by tho committee." The members ot the committee go further and say that such was far from their Intentions, and that If tho matter had been mentioned they would have opposed It vigorously. "Why," said one member, “It Is pre posterous to suppose that we wereglv- Ing the Georgia Railway and Electric Company something because they form ed a monopoly of tho street car busi ness here. We were out to get what we could for the dtj - - - such a combination. 1 When the history of the question was given In Ths Georgian several weeks ago It was predicted that there would be a battle royal between tho city and the street car company before the mat* Ur was finally settled. Would Hold Ducts. President Arkwright expressed a de termination, at a previous meeting, to hold the ducts, of members of the committee. Alder man Key and Councilman Longlno, on tho other hand, stated they would op pose tho granting of the street car company a single privilege or conces sion until the company had conceded the City her ducts. ..“he first skirmish was fought when “* favorable report V>f the committee on electric and other railways, on a franchise of the company to lay a sin gle track on Walton street from Ma rietta and Cone, was read at council meeting three weeks ago. < ounriiman I.onglno and Alderman K'-y asked that It be recommitted. This was done. First victory for the city, rtlday the franchise came up before the committee again. President Ark- "right argued that the franchise was one that would benefit the public and that It had nothing to do with the duct Mon. He said further that the ducts old belong to the company nnd the COLLIER AND CLAYTON SWAP COMPLIMENTS IN THAT ASPHALT MATTER H. L. COLLIER. R. M. CLAYTON. Commisioner of publio works and city engineer, who fail to agree on their respective duties and on the quality of asphalt in Whitehall street. Business, Own and Other People’s, Com mented on by Two Officials of City. members of the consolidation ordlnani committee who did not know IF must nave been negligent of their duty. To Walt for Surrender, ''ouncllman Longlno expressed him self as opposed to granting the com pany anything until the ducts had been conceded the city, saying that there *as nothing In the agreement between me company and the city which con- ,b |a, *l giving up the ducts. Alderman Key said If the ordinance 1. ,,contained nny such'provision as 1 resident Arkwright contended, It must nave beg,, through the "iharp prac- “ces of someone. took the view that the franchise asked for had no relation to du F{ question and again returned a favorable report. i I, rl, y attorney svae requested to . , ln >o the question of the ownership ,1}"* ducts from a legal standpoint. If the city attorney decides that legally It not belong to the company the "If Commissioner Collier would Just peat what he had said before tho com- attend to his own business as well us he attends to some other people's busi ness, and would leaye other people’s business alone as well as he leaves his own business alone, the city would have fewer law suits, and he would have leas trouble himself."—City Engl neer Clayton. "City Engineer Clayton's advice was entirely gratuitous. I am certain the public, whose servants we are, know I give more time to the public than does tho city engineer. These ’baby’ acta are unbecoming an .officer."—Commla sloner of Public Works Collier. These hot shots followed the sugges. tlon that the city engineer and the commissioner of public works make an Investigation of the streets of Atlanta paved with asphalt, and decide on stepi to make the contractors repay ths city for pavement, alleged not to have come up to the contract It alt happened at a meeting of the streets committee of council Friday afternoon. A paper submitted by Mr. Collier called for an Inspection of tho asphalt pavement by the city engineer and tho commissioner of public works. Mr. Collier submitted about forty sam ples of asphalt pavement averaging about three-fourths of an Inch In depth, which, ha said, according to the contract should have been nearer three Inches. "Aimed at Clayton." The city engineer declared that the paper was aimed and was a stab at him. He sold ho would have to decline to serve on a committee to Inspect his own work, when It was being attacked and criticised. It was finally decided to ask council to appropriate 8300, which would be paid an expert to analyze and pass on the asphalt and to determine If the specifications had been lived up to by the contractors. City Engineer Clayton said he had nothing to give out relative to tho mat ter Saturday morning, other than to re. mlttee the day before. He said It w absurd to call on him to Investigate hie own work. The following statement was given out by the commissioner of public works: Mr. Collier’s Statement. “As to the paving question now oc cupying the thoughts of the city hall circle, I am perfectly willing to leave to the general council and the public when the facts are properly placed be fore them. "City Engineer Clayton's advice yes- terday was entirely gratuitous. "I am certain the public, whose serv ants we are, know I give more of my time to the public than does ths city engineer. "I am not permitted to have other business, while this restriction Is not placed on him. - "These ‘baby acta’ are unbecoming an officer. - He knows ths asphalt has not worn from 3 Inches down to 3-4 of an Inch In four years; and he knows It hss not run down hill, for White hall street from the turn of the street car-tracks beyond the Southern rail way to the Central railway Is leve. and here the pavement shows up the thinnest. "These old asphalt streets were placed under my charge In'April 1905, and If asking for an Investigation Into the cause of their rapid deterioration Is not my duty, pray tell me whose duty It Is? "ft Is the city engineer meddling—not the commissioner! ’’Shall the officers of the city pi tect the taxpayers, or shall they keep mum when such emergencies arise? ’Other cities havs been able to force a repaving and It is worth Atlanta’s efforts. ’As to domsge suits, the records will show my department has greatly re duced the number and the amounts re covered over former administrations, and that we have been responsible for no more than our pro rata share’with other departments/’ TO Kirkwood Man Missing Since Fishing Trip. to use dynamite IN THE SEARCH Mystery of Disappearance Leads to Belief of Foul Play. FOUR CHILDREN BURN WHILE PARENTS DANCE Wist Branch, Mich.. May 4.—Four children perished In the burning of ths residence of Martin Campbell, eight miles from here, which burned to the ground with all Its contents last night. Six amall children were locked In the houee, while the mother and father were at a dance a mile away. The fire originated from a big fire In the stove. The parents are prostrated with grief. MARK TWAIN TOO SLEEPy TO DISCUSS HIS OBITUARY New York, May 4.—While the Jamestown exposition officials were sending out hysterical telegram* an nouncing their fears that Mark Twain was at the bottom of the sea In H. II. Rogers’ yacht, "Kanawha,” the humor ist was today enjoying tho sleep of the great and Just In his home. He was reported fogbound In Hampton Roads. Further details concerning the obit uary of the great humorist were de stroyed today by the New York pa- R ers, and they called for Mr. Clemens’ ome on the telephone. The reply came that Mr. Clemens had retired late last night and was at that time sleeping soundly, and would not be disturbed to discuss hla pending obitu ary. PRISONERS ON STAIR WA Y; BLOCKED BY BIG SAFE With the only means ot exit, ths the bars ot the Tower, were a number stairway, completely blocked ,on the first flight by a 10,000-pound Iron safe, fully two doten men and women were held prisoners for more than an hour late Friday afternoon In tho Grant building, at Marietta and Broad streets. The situation was finally relieved by Dr. J. T. Beck, who has an office In the building, and who telephoned to a barber ehop near by, requesting that the police be notified. Policeman Frey, who was passing the barber shop, was Informed of the pre dicament of the .prisoner*, and hurried around to the entrance to the Grant building In Broad street. • There he found the only avenue of exit entirely shut off by the mammoth safe, which a force of workmen were trying to get up the stair*. On the op posite side of the safe and held as ef fectively as though they were behind of worried and excited people, about six or eight. of whom were women. For more than an hour they had eat upon the steps and waited anxiously about In the corridors for some relief. In this crowd was Dr. Beck, who had received a hurry call to attend a pa tient and who was pacing the floor Im patiently. Policeman Frey Informed the fore man of the work that he would have to Immediately provide a means of exit, and finally, after much effort, the big safe was tilted to one side so as to leave an opening of only about ten Inches. And through this small space the "prisoners" had to squeeze. One by one they went through. On* rather flethy woman, the biggest In the whole bunch, had great difficulty In com pressing herself Into the ten Inches of space and narrowly escaped becoming tightly wedged. courts and fought out there. If he decide* that through tha ob scure construction of one paragraph of the ordinance the committee did suc- I ,u —r ceed In acquiring the ducts, then It will rfoiiht. he taken to the be a fight straight out between the city and the company. When the report of the committee on municipal and other railways Is road at council Monday the fight will be re newed and something more than a skirmish Is anticipated Did J. L. Nash commit suicide by drowning himself In the Chattahoochee river, or was he murdered and hla body thrown Into tha stream, or Is he alive and well?. On Thursday afternoon at 2:30 o'clock Mr. Nash, who lives In Kirk wood, left home to go to the river to fish. He took with him a suit esse, containing a change of clothing. When he failed to return Thursday night his wife became alarmed and telephoned 31. Nash, a brother of her hus band's. With County Policeman Dunbar, Mr. Nash went to the river. There they found the adit case of J. L. Nash con taining his good clothing. Indicating that ha had made tha change. No suit of clothing was found on ths river bank, as has been reported. Joe Abner, a fisherman, furnishes the only evidence concerning Mr. Nash. When Nash arrived at the river he en gaged Abner and they rowed acroaa the stream to take up a trot-llne. After fishing a while they rowed back across the river, and Abner left. . Mr. Nash was still In the boat, and that Is the last seen of him. Hie brother, F. M. Nash, believes that he was murdered, as he always carried considerable money on hla person. He states also that his brother was pros perous, happy In hla family life, was a fine athlete and had no mdtlve for tak Ing hla life. On Saturday morning the river in the vicinity of the pavilion was thor oughly dragged, but without result It may be found expedient to use dyna mite Saturday afternoon to make the body rise to the surface. J. L. Nash Is a public stenograi and has an office at No. C Vla< place. He resides In Kirkwood and has a wife and two children. He l( about 30 years of age. F. M. Nash bas offered a reward of ISO for the recovery of hie brother’s body. PEEKSKILL COUPLE NOT REV. COOKE BODY OF MARVIN CHILD FOUND ON FATHER’S FARM Dover, Del., May 4.—The body of Horace Marvin, the little boy supposed to have been kidnaped, lias been found in his fa ther’s farm, near here. LITTLE ADELAIDE ROWE - WOUNDED BY DISCHARGE OF GUN AT STOCKADE Child of Seven Pep pered With Small Shot. Clew Caused Greatest Ex citement at Hempstead and Mineola, N. Y. New York, May 4.—The man and young girl under surveillance at Peek- skill, as the eloping Hempstead minis ter, Jere Knode Cooke, and bis helrees ward, Floretta Whaley, conclusively es tablished their Identity today as C. M. Barnes and Helen M. Barnes and were Instantly dismissed to continue their carriage drive through the country In peace. The guard over the couple was lifted before the arrival of the Hempstead officers with a warrant charging Cooke with abduction and another crime against the girl. With the collapse of this clew, which had greatly excited all H* m Pstead and Mineola. as well as Peeksklll, the po lice returned to the belief that the un frocked priest of the Episcopal church and the young girl are now In hiding In New York city, August Belmont, as senior warden of St. Georges church at Hempstead, Instructed the private de tectives to renew their efforts In the metropolis. 000O0000O0000O0O00000O00OO o 0 0 DIDN'T GET SNOW 8TORM O DOWN HERE, ANYWAY. O 0» — O Anyway we didn’t get any ot the D O enow storms that various and sun- O O dry sections of the West and 0 O northwest enjoyed (?) Thursday. D O Sunday promises to be a fine 0 O day, and the parks and country O O around Atlanta will be visited by 0 0 thousands of citizen*. 0 Forecast; 0 "Fair Saturday night and Sun-0 0 day. cooler Saturday night." 0 Saturday temperatures: 0 7 o'clock a. m (3 degrees. 0 Her back and arms tom by a charge of small shot, little Adelaide Rowe, of 78 DeKalb avenue, Is lying In Grady Hospital, where she Is fast recovering. Her wounds are the result of a pe culiar accident which occurred at the city stockade Friday afternoon. Little Adelaide, who Is only 7 years of age, went to the stockade to carry a basket of supper to her father, J. J. Rowe, who Is a night watchman at the stockade. She was laughing and talk ing with her father as ahe arranged the supper on a table. Suddenly there was a loud report and the little girl screamed with agony. Blood spurted’from numerous wounds, and little Adelaide fell to the floor In a faint. Charlie Parse, a guard at the stock ade, was handling one of the new re peating guns Just received. The guns use hollow steel bullets, filled with tiny shot. . In some way the gun was dis charged and the bullet struck the con crete wall of the room, bursting and scattering the shot In every direction. More than 100 of these struck the lit- With Buildings In complete Company Is in Sore Straits. LITTLE ADELAIDE ROWE. tie girl. Adelaide was sent to Grady Hospital, where, after,* long and tedious opera tion, the shot were removed from her arms and body. She will be able to return to her classes In the Grant Park School within a short time. WOMEN AND CHILDREN ARE GIVEN PROTECTION BY U. S. IN GUATEMALA Washington, May 4.—Diplomatic re- Mexican embassy here to tha effect that latlona between Guatemala and Mexico are broken, according to statements here from n high source. This Is not taken by officials of the state depart ment here to Indicate that war between Guatemala and Mexico will follow. The Mexican legation at Guatemala City la to be closed and the American minister, Joseph W. J. Lee, at that place, Is to take charge of Mexican In terests In Guatemala. In addition, Important diplomatic ac tion Is to be taken, probably today. Jointly by the United States and Mexi can governments, In behalf of a large number of women and children who have been arrested In connection with the recent attempt to assassinate Presi dent Estrada Cabrera by. throwing a bomb under his carriage. Information has been received at the these prisoners, held merely on sus picion, are being treated badly. In the cause b( humanity the United States and Mexico Intend to step In for their relief. The work of caring for these unfortunates will fall upon Minister Lee, whose legation will be made place of refuge for them. LEGATIONS NOT STONED AT GUATEMALA CITY. Special to The Georgian. New Orleans, May 4.—Consul General Novella, of Guatemala, this morning was advised by the Guatemalan min ister at Washington, General Toledo, of the Incorrectness of the currently cir culated story of the storming of the Mexican and American legations at Guatemala City recently, nnd expressed the desire of President Cabrera to have the story refuted. EVOLVE PLANS FOR BOND ISSUE Appeal Was Made to Feder al Government But Is So Far Unsuccessful. FALLING POLE NARROWLY MISSES MRS. ROOSEVELT Washington, May 4.—Mr*. Roosevelt narrowly escaped death while returning from a crulee on the Potomac river In the yacht Sylph yesterday. The facts leaked out today and were admitted by Mr. Loeb, secretary to the ..(< degrees. 0 . .4* degrees. 0 ..(3 degrees. 0 ..(4 degree*. .O . .*« degrees. 0 . .(• degrees. 0 ..71 degrees. O O ocuwuwkwwiooocdoOOOOOO 8 o'clock a. m.. ( o’clock a. m.. 0 in o’clock a. m.. O 11 o’clock a. m.. 0 13 o'clock noon.. 1 o'clock p. m.. 3 o'clock p. m.. BELIEVE CHISOLM. PERFECTLY SANE OR.PARTLOW SAYS Physicians Say He Express ed Belief He Could Make Money on Cotton. president, this afternoon. The accident occurred when tho Sylph, In trying to dock, crashed Into a pier and the (lag staff snapped off close to the deck. The heavy pole fell within two feet of Mrs. Roosevelt's head. Special to The Georgian. Birmingham, Ala., May 4.—Rebuttal witnesses were Introduced by the gov ernment today In the trial of Alexander R. Chisolm, charged with embessllng 8100,000 from th* First National Dank, to show that the prisoner Is not Insane. Albert Morton, paymaster of the Ten nessee Company, eald he had found the defendant very accurate and had not seen any change In his demeanor. Joseph Leland, assistant physician at the state Insane asylum, said that Chisolm was under hie care there and that he did not think he hhd either paresis or paranoia. Dr. W. D. Part- low, senior physician of the state asy- , said he thought Chisolm perfectly s. Both the physician* told of con versations with Chisolm. They sold he talked to them about the cotton mar ket and expressed the belief that he could make money by secret agencies. The case will probably reach the Jury Monday. Hughes' Attorney Suicide. New York, MAy 4.—Ernest W. Huff- cutt, aged li, private counsel for Gov ernor Hughes, committed suicide early today on the People's Line steamer C. W. Morse, en ro«)e here. A revolv er was found beside the body, and a bullet hole In the right temple. Huffcutt left a letter to the coroner and one to Miss Lillian Huffcutt, of this city, whom he calls hla sister. The note asks the coroner to turn over his body Immediately to his sister. He requests that the body be cremated and urges that a public funeral be avoided. Huffcutt was once dean of the Cornell Law School. Washington, May 4.—Announcemn 1 that the Jamestown Exposition Com pany finds Itself Impoverished before the exposition buildings and groun.la are completed was received with no surprise by government officials in this city. From the time the company came to congress and to the executive depart ments of the government with requests for appropriations there has been a tendency among the government people to refuse as far as possible all concern In the Jamestown Exposition. It was only the lost days of the last session of congress that the attempt to> secure a substantial appropriation was success ful. That the company was In sore straits for money was evident ten days before the exposition was formally opened. A meeting of the board of directors of the company woe called, anil It was decided to postpone the opening owing to the lamentably unfinished condition of the buildings and grounds. This would subject the company to law suits for damages to concesslonnlrles, an expense It was In no condition to stand, even if the exposition had to be opened In en unprepared state. Before the announcement by the company that It needs 3350,000 to com plete the buildings and grounds an at tempt was made to get help from the United Stntes government, but the gov ernment was not be won over to the plan, nnd tho company then evolved the plnn of getting out a bond Issue, secured by the land on which th* expo sition stands. It Is now thought that tho company Is trying to get New York capitalists to toko up the bond Issue. J, GOULD WORLD'S TENNIS CHAMPION Wins First,’ Third Fourth Sets with Miles. and London, May 4.—Jay Gould, the American tennis champion, defeated Eustace H. Miles, who defended the English title, for the world’s champion ship, winning by a score of three sets to two. Mr. Gould also won the fifth set mi l match by < to 4. With the score S to In hie favor, Gould was compelled to rest on account ot cramp In his arm. The winner was given n great ova tion. Growth and Progress of the New South The Georgian record, here each day urn, reonomle net * march of th* • BY JOSEPH B. LIVELY. Shreveport. La., the parish seat of Caddo Parish, has never enjoyed a more, prosperous year than the one Just passed, ami although the year 1907 has only passed a few months ot It* life, we (eel that an era of prosperity far exceeding 1908 has just commenced. Th* main factor of this activity Is attributed to the Immense supply of natural gas which Is piped to our city a distance of 31 miles, and which Is now being used for domestic purposes by nearly every family In our city. The factories, of which there are a goodly number, realizing the Importance of this com modity as a fuel proposition have adopted Its use. In view of the fact that It I* cheaper In every respect compared to wood and coal. Not an Industry of any nature would do without It and th* highest praises are given in favor of natural gas. Aside from this, Shreveport has taken on great activity In the building line. Two bank buildings are now being orected at a cost of 3350.00U. One public school building Is now under construction at a cost of $40,000 and plans are being prepared for an additional high zchool at a cost of 300,000. Other buildings which will be built this year are; Enlarging court house, $30,000; Baptist church, $50,000; Centenary College, $30,000; new city hall, $75,000; new business blocks, $360,000; residences, $200.00". These few Items represent an expenditure for building alone of more than a million dollars. The combined deposits In our four banks represent a total of $0,000,000. At present our population Is about 83,000, but In order to take care of the many families who are coming In dally, five subdivisions have been opened up and very few If any of ths-lota which were offered to the pub lic remain unsold. Property has doubled In value In th* last two years. In the way of new Industrie* which have been attracted to Shreveport this year are a 8100,000 creosotlng plant, 830,400 hardwood factory, bruom factory, and many other small Industries. Aside from all this, we must not forget the many opportunities thnt are offered to the farmer and truck raiser. Our lands, which arc ns fertile as any In the United States, have attracted many newcomer* here and wo have located over one hundred families to make their home with u>. Shreveport I* not on a boom, but has taken on a steady growth. We attribute our success to the many railroads which have centers here and not one finds It anything else but profitable. Shreveport has paid out over $875,000 In bonuses to bring railroads here. With her many mile* ,d paved streets, good schools, best fire department In the South, her rich agricultural advantages and last but not least "natural gas to burn”— with these and more we welcome you to Shreveport.—The Tradesman, Chattanooga. — . -