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THE WEATHER. For A’Juit* and Vicinity—Partly cloudy tonight and Thursday, prob ably showers Thursday. The Atlanta Georgian Full and Complete Market Reports are Printed Every Day f In The Georgian. AND NEWS “Jhe Bracebrldge Diamonds,” a thrilling mystery story, Is now being printed In The Georgian. SPOT COTTON. Liverpool, barely steady; 7.23. Atlanta, nominal; 13c. New York, steady; 13Vi- New Orleans, firm; 13%. Augusta, quiet; 13*6. Savannah, steady; 12%. VOL. IX. NO. 14. ATLANTA, GA., WEDNESDAY, AUGUST 21,1907. PRICE: Ask That Aldermen Send Back Fran chise. HAVE NEW LIGHT ON BELL COMPANY COMMISSIONER BROWN SUSPENDED BV GOVERNOR; M’LENDON GIVEN PLACE Every Member Who Makes Statement Wants Chance To Investigate Further. Let the Southern Bell franchise go back to the committee, where the dis closures made by The Georgian may be Investigated!' This Is the practically unanimous de mand of the city council, and It la be lieved that the aldermanlc board, car rying out the wishes of council and the demands of .the people, will send the franchise back. The Georgian has secured statements from every member of council In the city' with the ^exception of two. who could not be reached, end all, with the single exception of Councilman Taylor, who has not yet reached a decision. Insist that the franchise go back. Following are the statements: Councilman Huddleston—Let the franchise go back by all means. That the city Is not getting enough for these valuable grants is apparent. Councilman Baskin—I ree no reason why the franchise should not be sent back to the committee, where Its de tails may be looked into. It certainly appenrs that something la wrong. Councilman'Mangum—The city. It seems to me. ought to get more for this valuable franchise. Let It go back. Councilman Pomeroy—There can be no objection In the world to Its going back. Something good for tho city will no doubt come of It. Certainly no harm can be done. ! » . Look Closely Into It. Councilman Pearce—The city Is not getting what It should for this fran chise. Let the committee look closely Into this matter and get something worth while for these valuable conces sions. Councilman Glass—It ought to go back. There must be something wrong with It, and I want to look Into It my- self. Councilman Roberta—Let It go back to tha committee. It seems to me that everybody would he for that. The al dermanlc board should non-concur and then a full Investigation by the com mittee could be held. Councilman Martin—I favor a fair, full, and complete Investigation of all such matters. I b«l*®ve In treating the companies right. The matters that have been presented should be fully looked Into. Councilman Longlno—The franchise never did sound right to me. The city Is getting nothing for a JJ-year fran chise that Is worth thousands of dol lars. Let It go back to the committee where there may be a proper Investi gation. Hancock Didn’t Know. Councilman Hancock—Let It go back by all means. I was a member of the committee, but would never have agreed to It If I had known the de- ductloas were going to cut the per centage of the city down to nothing. Councilman Taylor—I am Investigat ing the matter and am not yet pre pared to make a statement. Councilman Styron—I am for any thing that Is for the beat interests of the people of Atlanta. Let It go back. It Is significant that the members of lie committee who passed on this the committee who passed franchise, as well as the other mem bers ot council, unite In demanding that the aldermanlc board send thla franchise back for further considera tion. Council had labored under the de lusion that the Southern Bell, by granting a percentage of Its gross re ceipts to the city, was really grant ing something. Since The Georgian showed that the franchise provides for deductions greater than the JOSEPH M. BROWN. S. GUYTON M’LENDON. THE EDDIf SUIT Ends Fight Against Aged Head of Chris- ' tian Science. ANOTHER SUIT MAY BE STARTED New Commissioner Sworn in Within Two Hours After His Appointment by the Governor. Joseph M. Brown, railroad commls- time until then shall not be counted sloner, was suspended from office Wed nesday morning by Governor Hoke Smith. Hon. S. Guyton McLendon, of Thom- asvllle. elected last fall to succeed Commlsaloner Brown at the expiration of his term, October IB. was Immediate ly appointed to succeed the suspended official. l Governor Smith signed two orders about 10 o’clock Wednesday morning. Commissioner Brown was Immediately served with copies of the order In his ofTIce. He declined to aay anything rcl atlve to tho suspension, but took tho matter vory quietly. Mr. McLendon drove to the capitol about 11:30 o’clock Wednesday morn ing and was sworn In by Governor Smith. This action places him In au thority In loss than two hours after his appointment. Mr. McLendon was seen at his hotel shortly after Governor Smith’s action was made known. He declined to make any statement In regard to the matter except to aay "It seems that the gov ernor Is getting busy.” Orders Iteued by Governor. Mr. McLendon Is In the city and was at the capitol Wednesday morning. Governor Smith declined to make any statement wnatever relative to his action In suspending Commissioner Brown. The two official orders are very brief In form, and are as follows: v "August 21, 1207. By virtue of the authority conferred upon the governor under the provisions of section 2185 of the code of .this stats ‘It Is ordered: That Joseph M. Brown, Esquire, of the county of Cobb, be, and he Is hereby, suspended from the ofTIce of railroad commissioner. "HOKE SMITH. Governor. ’C. M. HITCH, Executive Clerk." "August 21. 1(07. ’Ordered: That Hon. 8. C. McLen don, of the county of Thomas be, and he Is hereby, appointed railroad ^com missioner to HU the vacancy occas ioned by the suspension of Joseph M. Brown, Esq. "HOKE SMITH, Governor. C. M. HITCH, Executive Clerk." le pel of c rcent- have naturally changed front, The statements by these members of council commit Alderman Peters In favor of letting the franchise go back. The alderman stated to a representa tive of The Georgian, Monday, that If council wanted It back, he would vote so to recommit It. The members of council say so unequivocally In the foregoing statements, and this assures faron the i Acted Under Code. The section of the code under which the governor predicated his action In suspending Commissioner Brown Is as follows: “Any commissioner may be suspend ed from office by order of the governor, who shall report the fact of such sus pension, and the reason' therefore, to the next general assembly, and If a ma jority of each branch of the general assembly declare that said commission er shall be removed from office, his term of office shall expire. The gov ernor shall have the same power to (111 vacancies In the office of com missioner as to nil other vacancies, and If for any reason said commission ers are not appointed during the pres ent session of the geperal assembly, the governor shall appoint them thereafter and report to the next senate, but the that both are In favor of recommitting the franchise. Conncllman Terrell Is til, and Councilman Grant Is out of the city. . From the statements secured by a representative of The Georgian, It ap pears practically certain that the al dermanlc board will recommit the franchise of the Southern Bell to the committees that considered It before. Alderman Key and Alderman Mc- Eachern are outspoken In favor of the franchise taking this course. Aider- man Peters stated that If council de sired. he would so vote, and council, as Is shown In. the Interviews published In The Georgian. Is practically unanl- mous in Its desire that the franchise take this course. Alderman Qullllnn states that he would so vote If the committee wished It back, but that he thought the alder manlc board could as well make the necessary amsndments and return It to council for concurrence. Alderman Curtis, It Is fell sure, will vote In favor of letllnffthefrnnchUego back where a full and fair Investigation m A S !dem«n , HoUand and Beutell are yet avorable vote of Alderman Peters. But Two Members. The committee on electric lights and telephones and the committee on ordi nances and legislation Jointly consid ered the franchise. It was stated by a member of the committee Tuesday that only two of the elgbt members of the committee were present when it was recommended favorably. Also present at thla meeting were Vice President Gentry, of the Southern Bell, General Manager Roberts and Judge H. E. W. Palmer, the com pany's attorney. One of these two members stated that be was not aware of the deduc tion! provided for, or he would not have voted for a favorable recommen dation. Cnunellmen Chosewood and Hannan could not be reached over the ’phone aiu,u,«- • — -ztt. t ... , . - .. matters. Tuesday morning, but It Is understood undecided what stand they will take. tine matters. as part of the term of office of sold commissioners, respectively, as herein provided. Said commissioners shall take an oath of office, to be framed by the governor, and shall not, jointly or severally, or In any way, be the hold ers of any railroad stock or bonds or be the agents or employee of any rail road company or have any Interest In any way In any railroad, and shall so continue during the term of office; and In case any commissioner becomes dis qualified In any way, he shall at once remove the disqualification or resign and on failure so to do he must be sus pended from office by the governor and dealt with as hereinafter provided. In any cane of suspension the governor may fill the vacancy until the suspend ed commissioner .Is restored or« re moved.” Surmise* at to Action. There are various surmises as to the causes leading up to Governor Smith's action. In his campaign and since his flection the governor stated repeatedly that It was his purpose to have a com mission In conformity with his views, and that If any commissioner failed to do his duty he would suspend him from office. Several contributory cause* are be Ileved to have actuated tho chief ex ecutive. Commlesloner Brown has given out various Interviews recently to show that freight reduction means nothing to the consumer, but that It simply put* the money In the hands of the manufacturer and tho whole saler. He also dissented from the majority opinion of the commission In the pas senger rate reduction, effective Sep tember 2. He adhered to tho xone ays. tern, and when the majority opinion was filed, put on record a dissent that agreed only In part with the finding of the other two members. It is believed that Governor Smith felt that Commls. sloner Brown was In the main opposed to the reforms desired by him, and In dorsed by the messes at the polls. May Fight the Order. Under the act authorising the re moval of a commissioner It will noted that the governor Is required to specifically set forth his reason to the general assembly. That body ad journed Saturday night, or rather Sun day morning. Another session will not be held until the fourth Wednesday In June, 1808—unless an extra- session should be convened, which Is a very re. mote possibility. Commissioner Brown's term would have expired on October 15 next. Hon. 8. O. McLendon, of Thomasvllle, was elected to succeed him at the fall elec tion, but under the order of the gov ernor he will begin hie duties Immedi ately, W hile Commissioner Brown declined to make any statement. It Is believed that he will fight the order suspending him. He probably feels that the sus pension Is an aspersion upon his per sonal Integrity, and for that reason will doubtless fight to vindicate him self. Even If he doe* resist through the Court*, final action could not result before the expiration of hi* term. Brown Elected In 19<H. Commissioner Joseph M. Brown was sleeted a member of the railroad com mission on August 15, 1804. He came to the office with twenty years of rail road experience back of him In the service of tha Western and Atlantic, both when the property waa operated by the state and after It passed under the control of the Louisville and Nash ville. As a rats sxpert he ranks high, many considering him one of the beet rate experts In the country. He has been a deep student of tariffs, traffic and all matters appertaining to the business. While a student In Harvard. Mr. Brown’s eyesight failed, and for a long while It was feared he wonld be total ly blind. It left him with a permanent eye trouble. Recently. Commissioner Brown's historical novel, “Astyanax,” came from the press. He spen thirty years compiling tha data for this work, snd It has received the favorable criti cism of critics In all ports of the coun try. News of tho suspension of Commis sioner Brnwp spread rapidly through the capitol and the city, creating a sen* satlon. Commissioner Brown remained quietly In his office until 1 o'clock Wednesday afternoon, attending to rou- Concord, N. H., Aug. 21.—The markable fight which has been wsgod for five months against Mrs. Mary Baker O. Eddy, the aged head of the Christian Science church, ended today In the withdrawal of the suit brought by hire. Eddy's "next friends.” The motion to withdraw tho action was mode be fore the masters Immediately after court opened today, and was promptly granted. The mysterious Influences which have been behind the litigation caused It to be reported that a different form of action will be brought, but the friends of Mrs. Eddy declare that her enemies have been completely routed. Chandler’s Statsment. Mr. Chandler said In notifying the court of the withdrawal of the cose: "There are many reasons for this action, and ths principal one results from the unprofitableness of any Imme diate results upon the issues as now framed, compared with the burdens and disadvantages to be Incurred by us before and after the decision. The suit has been almost wholly altruistic In Its nature and not n single f of the large fortune whose exlstei disclosed or which may be accumu lated oa a consequence of this suit can become at this time the property of the next friends. ‘There are also reasons sentimental In their character overcoming the strong desire .if the next friends to prove the fact and vindicate the rea sons upon which this suit Is basod, This suit Is, however, dismissed.” Counts), for Defense. Frank S. Streeter, of counsel for Mrs. Eddy, addressed the master* In reply to Senator chandler 1 * motion, and said: vyT 7 ; In behalf of Mrs. Eddy, wo demand that the mosterB proceed with this hearing and determine tho questions submitted, namely, that Mrs. Eddy was Incompetent to manage her business affairs on March L 1807. The motion of the couhsel for the next friends proves that their case has collapsed and that they are now running to cover. This Is their legal right but I am thinking of tho legal rights of Mrs. Eddy. She Is entitled to tha protection the court. New York Paper Pushed Suit "After providing liberally for her child and her own, she has devoted e portion of her money to the growth of the religious belief founded by her. Now, her adopted son hns loaned the use of hie name to a suit brought by alleged ‘next friends’ but really started by a certain New Tork newspaper which has retained great counsel and prepared the bills. It Is based on false pretenses and Is unique In the history of legal procedure. It Is brought against her will and we have all along questioned whether It was brought In good faith.” Judge Aldrich read the decision of the masters ss follows: The Ruling. “We have only this observation to make with reference to the present as pect of this case: “The commission, I think, requires that we should report the evidence. IVe may be wrong In our disposition of your motion, Mr. Streeter.. Although this Is a friendly suit. It In a sense, of course, Involves the Interest of different par ties, and when the parties assert a lack of mentality there Is no further case. Mrs. Eddy stands with nothing to answer as we view It. If we should go forward we might do something unwarrantable. If should stop and report what has been done to Judge Chamberlain, there could no harm bo done such as results from delay. <HJOOOOOOO<H«H>OOOOOOOOOiKiOO SAME OLD "UNSETTLED O IS ON WEATHER MAP O Unsettled weather Is ahead, but the “fans” don't particularly object, as the team will be away for sometime yet. Forecast: “Partly cloudy Wednesday night and Thursday, probably showers Thursday.” Wednesday temperatures: 7 o'clock g. m. 8 o’clock a. m. 8 o’clock a. m. 10 o’clock a. m. 11 o'clock a. m. 18 o’clock noon , 1 o’clock p. m. 2 o’clock p. m. 74 derrees 78 degrees 78 degree* 81 degrees 82 degrees 82 degrees 77 degress 80 degrees POOOOOOOOOOOOOOOOOOOOOOOOO Race Results EMPIRE CITY. First Race—Manhelmer, 11 to 20, won; J. P. Berger, 7 to 6, second; Su pine, 4 to I, third. Time, 1:00 2-8. Second Race—Taunt, 2 to 2, won; Caithness, 1 to 2, second; Llnnepee, 4 to 1, third. Time, 1:40. Third Race—Aunt Rose, 7 to 1, won; Cymbal, 7 to 5, second; Hans, 1 to 2, third. Time, 1:01. 8ARATOGA. First Race—Hal, 10 to I. won: San guine, 2 to 1, second; Chuilta, 7 to 10. third. Time. 1:08 2-5. Second Race—Amanda H., I to 5, won: Lights Out. 2 to 8, second; Jock Bar, 4 to 5, third. Time, 4:16, years longer. And it must be remembered that with the 23 years already possessed by the company, they can continue their present business for that length of time without the city getting anything.” The Georgian puts the mayor on notice that it is here to expose to public view the true facts that he, with corporation “wool over his eyes,” would not see. To conceal Atlanta’s rights in favor of the corporation, Mr. Joyner tells us they had uncontested franchise rights for 23 years to come. DOES THE PUBLIC THINK MR. JOYNER, WHO HA& BEEN RE CEIVING PAY FROM THE CITY OF ATLANTA NEARLY A QUARTER OF A CENTURY, MADE THIS STATEMENT WITHOUT KNOWLEDGE AS TO WHETHER THE BELL COMPANY HAD OR HAD NOT FRANCHISE RIGHTS ON CERTAIN STREETS ONLY, AND WHETHER THEY HAD OP ERATED ON STREETS OF OUR CITY FOR YEARS WITH NO FRANCHISE RIGHTS? AND DOES HE THINK FOR A MINUTE THAT HE CAN CON CEAL FROM THE GREAT CITY HE IS SUPPOSED TO SERVE, THE GLAR ING FACT THAT THE WHOLE MATTER OF A NEW FRANCHISE WAS OPENED UP BECAUSE OF A PETITION FROM THE BELL COMPANY FOB A FRANCHISE TO LAY A DUCT ON EDGEWOOD AVENUE? Does he think he can explain the statement that “they can continue their PRESENT business for that length of time (23 years) without the city getting any thing?” And why, if they had rights to a perpetual franchise or for even 23 yean, they ever even asked a franchise for Edgewood avenue, or why they ever consented to a change of only 33 years’ duration, if the “possibility of a perpetual franchise stared the committee in the face?” Number 3—“And again, I want to say that the officials of the Tele phone Company are the most agreeable to deal with I have ever known. Some fifteen years ago, at my suggestion, the company installed at its own expense a telephone service in every fire engine house and has kept it up since that time. * * * This matter alone has saved the city and its citizens hundreds of thousands of dollars and has cost the city nothing.” By what right, may we ask the mayor, did you suggest and accept free telephones for the citv of Atlanta? Is not Atlanta able to pay for her ’phones, and he in a position, because she would not be under obligations to corporations, properly to tax them? ARE THE PEOPLE OF ATLANTA SUCH CHILDREN THAT THEY CAN NOT FIGURE THAT TEN ENGINE HOUSS THAT WE HAVE NOW, AT THE REGULAR CHARGE PER PHONE, WOULD NOT COST EVEN $100,000 IN NEARLY 160 YEARS, MUCH LESS HUNDREDS OF THOU SANDS OF DOLLARS IN 15 YEARS? It may provp interesting to the Atlanta public and add weight to the may or’s opinion, to remark that, after delivering himself of this interview in aid of and comfort to the telephone corporation, he is now on a junket of the baseball cir cuit with the Atlanta team, while a matter involving $12,000 or. more a year in come to the city, over whose destinies he presides, is at stake. The mooted ques tion of the ownership of the ball team need not, however, be reopened in this con nection. ■ There can be no reason for anybody denying Atlanta a reconsideration of the telephone franchise, unless it is feared Atlanta will get a better deal. The Georgian notifies the mayor that, if by any misrepresentation, he is instrumental in keeping Atlanta from her rights in the telephone franchise, this newspaper will apply to the courts for an injunction and fight it at its own ex pense. OF SEC, E.C. SETZE Thomas H. Goodwin, temporary re celver of the Firemen's Real Estate and Investment Company. Tuesday morning made demand upon Peter F. Clarke, the auditor, for the book* of "4. Setze. secretory, who Is charged with a discrepancy of 814,118.88. but upon request of the auditor he was given until next Monday to complete his work. . _ It will be remembered that W. B. Sheldon, the expert accountant who was employed to make an Investigation of the books, reimrted that there was a discrepancy of 814.118.8S In the books, which were kept by Mr. Setae, tho secretary and treasurer. Hon. James L. Key. representing a minority of the stockholder* of the pany, petitioned Judge Pendleton the appointment of a temporary receiver. Thomas H. Goodwin was ap pointed. This waa on June 1. Upon request of Mr. Setae, Mr. Clarke was given possession of the books for three weeks. Tuesday morn. Ing, Mr. Ooodwln made a demand for the books, having waited neary three months. Judge Pendleton will hear the ar guments for and against making the receivership permanent In September. Growth and Progress of the New Sooth The Oeorglso here records each day some economic fact In reference to tbs entrant progress of tbs South. BY B. LIVELY The Georg!* and Alahtms Industrial Index says In Its Issue for this week: "Itcport* to The Index for the pest seven dsyn tell an uninterrupted and vigor- one story of continued Investment In Industrie! snd construction enterprises In Geor gia and Alabama, and one which lllaetrate* with greater force than that of theoret ical argument that there baa been no recent legislative enactment In either state to make capital tliuld. The llgurea which are green thla week nre.lsrgv. Home of them are: 2100,000 lumber company. Ktowah county, Alabama: expenditure of 8300,- W)0 for eltea for railroad terminate, Illrmlnghom. Ala.:. 1100.030 flock. Savannah, (la.; 1100,000 company to hnlld overall factory. Birmingham, Ala.; 8110, ,v 3 company to build electric street railway. Brunswick. G*.; |S0,0>, company to develop mineral lend near Attalle. Ala.; steel pilot enlaraemdut. Gadsden, Ala., and 22 new corpora- tlonn with total minimum capital atock of 2284,700." Among other Ihlngi reported liy The Index are: Ire factories, Ensley. Ala., snd l’raltvllle, Ala: capacity of knitting mill to be doubled. Huntsville, Ala.; laundry. Montgomery, Ala.; bakery. Asbburn, light plants, Fort Onlnei. tie., snd Franklin. Ue.; coni and Iron mine* to be opened near Gadsden, Ala.; 811.000 company to manufacture building materiel, Birmingham, Ala.; 125.000 lumlx’-r company, Valdosta, Ga.; 825,000 lumber company. Mobile, Ala.'; 23,000 lumber company, Oarncy, Ala. Among construction definitely projected are: Churches. Enfaula, Ala.. Valdosta. Ga.. Birmingham. Ala., and Oakland City. Ga.; two court houaea, three hotels, three Jells, two waterworks yjleiu*. five warehouses snd numerous business build. urvl II liulldlns bom lb land transactions the following ere no ted r 225.000 farm land ante user gomery. Al*.: rale of 75 residence building lots. Shad.* Volley, Ala.; II&.0O) farm land pure ha *e In Hrentur county, Georgia; organisation of, 210,0)0 land company, At lanta. tin.: isle of 25 acres of land, located aloe mile* from Atlanta, for about 1360 per acre. Among the contract awards reported are:, To build (teorgta anti Florida railway ayatrm; gas plant. Uadad ng. West Point. Os.; two steel brt [Ages and church. nnectlng links of Ala.; 223.000 bank build- OUR CORPORATION MAYOR AND THE BELL TELEPHONE Mr. Joyner, Atlanta’s corporation mayor, presented to the public on Tues day, through a local paper, what should be labeled a “Bell Interview.” Some extracts: Number 1,—“It was agreed to by every member of the committee and the board. Council unanimously passed it, and it seems to me to be a fair and equitable agreement.” Council passed the ordinance granting the franchise because it had been fa vorably and unanimously reported by two members of a joint committee of eight, and one of these two voted for it because the other, the chairman of the committee, recommended it. Present and Voting—Councilmen Terrell and Hancock. Absent—Aldermen Beutell, Quillian and Peters; Councilmen Martin, Pome roy and Styron. It looks fair and equitable to our corporation mayor that on $400,000 of business done through and over Atlanta’s streets, Atlanta should get but $2,000 and that the Bell Company should be allowed to deduct all other taxes due the city, or enough to cause Atlanta to owe the company a rebate at the end of each year, while at the rate the same company pays another city, Atlanta should get $12,000 per year. * ■ Number 2—“I want to say that the company, under the report of City Attorney Mayson, HAD uncontested franchise rights for 23 years. The possibility of a perpetual franchise also stared the committee in the face. * * * The ordinance simply extended the franchise for ten ist b .... ma brick mannfartnri s 248,000 plant baa been making Inqulrlra tt company which'ilesir