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the weather. For Atlanta and Vicinity—Gen erally <alr tonight and Friday; no decided change In temperature. The Atlanta Georgian Full and Complete Market Reports are Printed Every Day In The Georgian. AND NEWS “Tho Bracebrldge Diamonds,** a thrilling mystery story, Is now being printed In The Georgian. SPOT COTTON. Liverpool, steady; 7.57. Atlanta, nomi nal; UH* Now York, quiet and steady; W.K. New Orleans, dull; 139-16. Augus ta, steady; 14c. Savannah, steady; 13 5-16. VOL. VL NO. 27. ATLANTA, GA., THURSDAY, SEPTEMBER 5, 1907. PRTfrrc. ,B Atlanta: TWO CENTS, t AV-LVaEj. On Trains: FIVE CENTS. [ A. P. McCrary Buys Tract of Land For $18,000. AIRS. SAM P. JONES SELLS,FARM LAND To Be Institution of Church of Christ, But Open to All Poor. In N nuc. consisting A aelf-suetalnlng home tor orphans and a school for the poor. This Is the plan of A. P. McCrary, on Atlanta man, and so fond Is he of the Idea and so confident of_lts suc cess that he has contributed the sav ings of many years on the farm—S18.- or.o—to buy the land on which to lo cale the Institution. The land lies near Marietta, and was purchased from Mrs. Sam P. Jones, the widow of the late evangelist. Mr. JIcCrary Is a member of the Churotj of Christ, and the building of the Institution will be under the aus pices of the church. Assisting him in the preliminary plans Is Dr. S. H. Hall, of .Vashvllle, an evangelist. The proposed institution will be known as the McCrary Orphan School, and while being more directly an in stitution of the Church of Christ, will i. to all orphans. It is proposed conduct a Bible school there, . ... ha.„ determined to run an ■ • i •- t'tqtion, where any poor .... - P-, -.-iv go. ! Farmtr. ’ years of age. He p . '■! life on the farm. Hu; ' mi his dairy farm 15 West End ave- ■ il the tract of land, i acres, Wednesday, it Is situated three miles from Mariet ta and Is on the Marietta car line and the Western and Atlantic railway. On this tract Is one of the finest pench orchards in the South. In this orchard now are 31,000 hearing peach trees. Mr. McCrary outlined his plans. "Outside of the purchase of the lot. which I shall present to the home," he said, "little that Is definite has been done. There are only four churches nf the Oh”rch of Christ In the state (hat I know of. "The orphans' home will be open to the orphans nf all denominations. The educational Institution that will be run In connection will be the same. "Donations and contributions for the erection nf the building for the home will be asked, but after the building is erected, it will be self-sustaining. Orphans Will Work. "The orphans will do who* they can to run the farm and will be assisted t>v the members of the faculty and the officials of the Institution. "Poor boys who are not able to pay their way through school will be al lowed to enter the Institution, and for their work on the farm will be given un education, board and all that Is nec essary. “There Is enough land there to pro- Vld* all the provisions necessary, and the peach orchards should bring a tidy sum every year. I think Dr. 8. H. Hall will be the superintendent, al though nothing definite along this line has been determined. ."it Is one of the dreams of my life t" see this Institution established and running, educating the poor and the needy and caring for the children be' reft of parents.” The Georgian Will Go To Courts With Bell • Franchise To Protect Citizens of Atlanta (LEGAL OPINION ON THE BELL FRANCHISE ORDINANCE) ) The Georgian Company, Atlanta, Ga. , Dear Sirs: In response to your request that we investigate the ordinance recently adopted by the mayor and general council of the city of Atlanta, granting certain franchises to the Southern Bell Telephone and Telegraph Company, and advised you as to the validity of this ordinance, we reply that after a very careful examination of this ordinance and of the law applying thereto, it is our opinion that the ordinance is absolutely void. There are several grounds upon which we base this opinion, but we do not understand that you now desire us to go into a detailed state ment of all the facts and of the reasoning which lead us to this conclusion. Suffice it to say, as being the ground most easily understood by a lay man, that our conclusion is based principally upon the fact that it is not within the charter power of the city to grant this ordinance at this time. By an amendment to the charter of the city of Atlanta, recently enacted, it is provided, in substance, that no franchise granted to a public utility corporation of this character may be renewed, altered, modified, or extended by the mayor and general council of the city of Atlanta earlier than one year prior to the expiration of said franchise. It has been held by the city attorney—and in this conclusion we concur—that in the absence of a time limit fixed in the franchise itself, a franchise granted to such a corporation expires with its charter from the state. We find, upon investigation, that it is a fact that no time limits were fixed in any of the grants heretofore made to this company, and that its charter will not expire for several years yet to come. Yours very truly, ANDERSON, FELDER, ROUNTREE & WILSON. The Georgian has placed the matter of the Bell Telephone franchise in the hands of its general counsel, Anderson, Felder, Rountree & Wilson, with instructions to take such action through the courts as may be necessary to protect the citizens of Atlanta. The mayor and council have violated the law in giving to the Bell Company a franchise to use Atlanta’s streets for 33 years.. A technical violation of the law could be overlooked by the people if they were not being made the victims of a "franchise grab.” The same company pays 3 per cent to Richmond. New Orleans gets $17,000 a year for its telephone rights. Atlanta is being sold for 1 per cent and, moreover, is agreeing to give back nearly all of that by deducting what the Bell Company pays in taxes, etc. That the public may fully understand, The Georgian wishes to say that the Bell Company has only permits by streets. They need a general franchise. It is understood that they want to issue 30-year bonds, which can not be done without the franchise they seek. The law explicitly states that the mayor and council of Atlanta can not extend, change or renew any franchise rights whatsoever until within 12 months preceding the expiration of existing franchises—the franchise given the Bell Company is in violation of this law. The Georgian hereby puts the Bell Company and intending purchasers of Bell Company bonds on notice that the first attempt of said Bell Company to operate under the new franchise will be prevented through the courts. Further, that at the first tax period due pro ceedings will be had by our attorneys to compel the said Bell Company to pay ad valorem and other taxes, regardless of any agreement made with the present mayor and council of the city of Atlanta, and that The Georgian expects to fight this matter to the end, or until the Bell Com pany gives Atlanta as good a trade as it gives any other % city—whether by a supplemental contract paying an additional sum equal to two per cent of its gross receipts or by any legitimate means paying Atlanta 3 per cent of its receipts as it does elsewhere. T Comp’y Orders Oliver to Cease All Oper ations. MANY LABORERS OUT OF WORK Many Regard Action as Po litical Move by the Mor gan Interests. NSPECTED IN Terrell to Ask Correct Gas Bills. KERMIT- ROOSEVELT Chicago, 8opt. 5.—Hermit Roosevelt, «"n of the president, and who was rnak. Itig the long "hike" from Fort Leaven worth, Kans., to Fort Sheridan, with the first squadron of the Thirteenth Cavalry, deserted the soldiers at Joslyn, HI., it developed today, after a woman hail broken Into hls tent to pet him. The officers of the four troops which compose the squadron do not know the " hereabouts of the young man, accord ing to long distance telephone mes sages. The woman breaking Into the tent decided the president’s son to give up 'he march. He told Lieutenants Philip Sheridan, Jr., and Fltzhugh Lee, Jr., ihat he could not atand the trip any longer and that he was going to take a train for Chicago. Since he left them <he officers have learned nothing fur- 'her regarding his movements. They mink that he may have gone on a hunting trip after he arrived In Chi cago. 00000000000000000000000000 0 0 o PETITION OF PEASANT 0 2 MISTAKEN FOR BOMB. O 0 ° o Vienna. Austria. Bept. S.—An O O official note Just Issued says that O o the reported attempt on the life of O O the emperor was caused by an old O 2 peasant approaching hls majesty O 2 with a petition. The paper was 0 2 roughly folded and looked like a O O bomb to the emperor’s body guard. O 0000000000000000000000000a Councilman Terrell w(JI ask that hls resolution providing for cheaper street car fares, telephones and gas be so amended as to provide for straight, correct inspection of the gas and elec tric light meters. The resolution Is now In the hands of the committee on electric and other railways and the committee on electric lights and telephones. The committee will probably meet one day next week. Councilman Terrell says the railroad commission has power not only to reg ulate rates for these public utilities, bu has full authority to order stamlan methods of meter Inspection and rega iar systems of Inspection. Hls amend ment will provide that the commission be asked to take this step, as well as to order that eight street car fares be sold for a quarter; that gas be reduced to 75 cents per thousand feet, and that the telephone rates be reduced and fixed on a scale based on the number of local subscribers. ^ •There Is no doubt of the fact, * stated Councilman Terrell, “that there Is con siderable complaint about the present methods of meter Inspection and from good, reputable cltxens who would not misrepresent the facts. '•If the commission will adopt standatd plan, then the city could ap point her own meter Inspectors to see that the gas and electric light meters are properly Inspected.” The councilman Is confident of tne passage of hls resolution. •T am satisfied,” he stated, “that council will adopt It. These public utilities are making more than th.y de serve and everybody knows It. They can afford a cut In prices. The people are practically solid for my resolution, and I believe council Is. "If council passes It. you can depend on a fair, thorough Investigation by the railroad commission, and this will mean reduced rates for street car fares, tele- ^ThcrAs'no doubt of the fact that the resolution Is meeting with the favor of the people generally, and hls proposed amendment will probably be greeted with the same welcome. Race Results. 8HEEPSHEAD BAY. First Race—Mr. McCann, 7 to 5, won; Dr. Keith. 4 to I, second; Essex, even, third. Time, LOT 3-5. Second Race—Keston, 13 to 20. won; Dennis Stafford, 1 to 2, second; Arlroo, out, third. Time 3:53 4-*. CHARLES S. BARRETT. Re-elected president of the Na tional Farmers’ Union without op position. OLIVER TO SUPPLY CARS FOR BIG DITCH: HE GETS_$562i500 Knoxville Contractor Is Awarded a Large Con tract by Government. Washington. Sept. 5.—W. J. Oliver, of Knoxville, Tenn, the man who was "whangdoodled,” as he put It, out of the Job of constructing the - Panama canal, has been awarded the contract for furnishing E00 steel dump cars for use on the Isthmus. The amount of hls bid was 35(2,500. 00000000000000000000000000 0 O O GOOD BASEBALL WEATHER O PROMISED BY UNCLE SAM: 0 0 O To make smooth Billy ’Bmlth's 0 O flight pennantward, the weather O O man has wiped off the "unsettled" 0 C from hls forecast, and replaced It O 0 with the welcome "fair.” O C Take a look: ' 0 0 "Generally fair Thursday night O O O O 0 0 s o o o O 0 and Friday.' O Thursday temperatures: O 7 o'clock a. m 70 degrees. 3 o’clock a. m.. .. ..71 degrees. 0 o'clock a. m 73 degrees. 0 10 o'clock a. m 75 degrees. O II o’clock a. m.. .. ..77 degrees. O 12 o’clock noon 80 degrees. 0 1 o'clock p. m.. .. ..12 degrees. 2 o'clock p. in.. .. ..13 degtees. 0 ' 0000000000000000O0O00000O0 CENTRAL GETS OFF licit IN ARBITRATI Umpire Raises Assess ment But $751,- 659.30. An Increase of only 3751,(50.30 was secured by the state In the tax arbitra tion on the franchise of the Central of Georgia railroad, which concluded at 1:30 o’clock Thursday afternoon. The fight was only on the franchise of the road, as the assessment on the phyelcal property was accepted without dispute. The Central returned Its 1,- 070.78 miles of road and other ptyMcal properties In the state at 313,522,6(7. Comptroller General Wright assessed It at tl(.308.744, an Increase of 33,288,0(7, which was accepted. The franchise was returned at 38.- 801,173, and Comptroller Wright sessed It at 113,150,378, an Increase of 19,550,203. On this assessment the Cen tral made a fight. The franchiee value was fixed by the rosd In Its return at 13,084 per mile, and the umpire. Judge A. L. Mil ler, .fixed it at 33,785 per mile, making the total franchise value 34,062,833.20. As stated above, this Is an Increase of only 3751,(50.10 over the original re turn. The award was concurred In by Alex Smith, arbitrator for the road, but Commissioner Stevens could not be seen to ascertain whether or not the award suited him. Inasmuch as Attorney General Hart put the Issue raised by President Hen son, of political Influences deprsdatlng the value of railroad property up to the board. It Is Interesting to know Just how much that question weighed In the award. Fifteen Die In Hotel Fire NearTacoma Tacoma, Wash., Sept. (.—Fire de stroyed the Webb Hotel at Shelton, 10 miles from Tacoma, last-night. It Is re ported IS persons perished. , Miss Bailey and Mrs. Mudgs, both of Sheltoh. are known to oe among the loat. All the other victims are be lieved to be men. Seven bodice have been recovered. R. F. DUCKWORTH. President of the Georgia branch of the National Farmers’ Union, who Introduced the Immigration resolution at the convention. IS TO BEARRESTED Mrs. Phillips Too III To Be Served With War rant. Cleveland, Ohio, Sept. 5.—With woman detective standing guard Just outside the bed chamber and two po licemen patrolling In front of the house, Mrs. Charlotte Phillips today lx virtual ly under arrest at her home, where her husband. J. J. Phillips, was shot to death early Monday. Chief of Police Stamberger has sworn out a warrant charging the woman with murder In the second degree, but the woman’s conditio nhas prevented service. The authorities admit that the evidence upon which the warrant was sworn out Is purely circumstantial, and would not warrant an Indictment unless the arrest brings out further Informa tion. The woman’s friends denounce the police action as an outrage. An Inquest was held yesterday and the first witness. Dr. I. L. Richards, testified that he was summoned to Jhe bedside of the dying man fully three hours after the shooting. He said Mrs. Phillips admitted him to the house and told him her husband had been shot by a burglar. The woman appeared ner vous and highly excited. The physician found Phillips In bed. Dr. Rhoades was called for a consulta tion. Phillips then asked the two doc tors to Isave the room, as he wished to speak privately with bis wife. FLEECYSTAPLE Duckworth Immigra tion Resolution Is [Adopted. By J. E. RODENHAMER. Little Rock, Ark., Sept, 5.—The old officers of the National Farmers' Un Ion were elected without opposition. A motion was made to nominate the officers as a body and elect them by acclamation. This, however, did not meet with uniform approval, as some of the men wanted to make nomina tion speeches. The officers who have been ln charge for a year, and who will continue at the head of the organisa tion for another year at least, are as follows: President—C. S. Barrett, of Atwater, Ga. Vice President—J. EL Montgomery, of Gtesson. Tenn. Secretary-Treasurer—R. H. McCul loch, of Bebee, Ark. The national board of directors l« composed as follows: W. A. Morris, of Sulllgenl, Ala.; \V. 8. Miller, of Lake Creek. Texas; J. N. Met’clus ter, of Mamy. La.: S. L. Wilson, of Mississippi; J. M. Jefferds, of Oklaho ma. The national bQard of directors meet Continued on Pago 8ovtn. Chattanooga, Tenn., Sept. E.—The Southern railway haa ordered Contrac tor W. J. Oliver to stop work on all extensions and Improvements In this section. The Stevenson extension, a line about forty miles long, which la being constructed by W. J. Oliver & Co. for the Southern railway. Is the largest contract affected. Five sub contractors have been at work, employ. Ing about 350 laborers, of which num ber about fifty were skilled laborers. The contractors are H, H. Thrasher & Co., Yandell Brothers & Co., J. H. Ed- Ington & Co., H. Krless & Sons, and Frank Maloney & Co. The Phoenix Bridge Co., of Pittsburg, which hail the contract for the erection of the steel superstructure for the bridges of the extension, suspended work Monday, after erecting a bridge over Battle creek and preparing for work on the bridge over Sequatchie river. The ac tion of the bridge company was In re sponse to orders received from the {leadquarters of the company, which was In turn ordered to suspend work by the Southern railway. The Stevenson extension represents an outlay of about 34,000,000, nnd If the work was pushed to completion could be entirely finished within eighteen months. The excavation In the tunnel through Lookout mountain has been completed and the tunnel Is now ready for walling. In addition to the work on the Ste venson extension, the Southern railway has been engaged In double-tracking for a distance of seventeen miles In the vicinity of Ooltewah. This work also Is being done by W. J. Oliver * Co. under the direction of the resident engineer of the road at Knoxville. Tenn. A force of several hundred men have been emplo’yed on this part of the work. The double-trackage was stnrt- ed about a year ago and Is nearing completion. The action of the Southern railway Is considered by many to be a "bluff” to stem off the tide of adverse railroad legislation. For what time the work Is to be suspended Is purely a matter of conjecture. It Is generally believed that It will be of short duration, de pendent upon the outcome of whatever Its purpose. A gentleman who Is a close student of railroad affaire consid ered the move of the Southern railway to be of more far-reaching effect. Mat ing hls belief that the Morgan Interests aVs acting thus as a political move and that the work will not be resumed for about eighteen montha Another ad vanced the theory that It was a move on the part of the Morgan Interests to force down the stock of the Southern and tributary lines for financial pur poses. The Central of Georgia and tho Geor. gin Southern and Florida railroad, which are said to have been controlled by the Southern railway, have been the only other roads so far which have suspended Improvement work. ANARCHIST CAUGHT NEAR ROYAL PALACE Gattlo, Italy, Sept. B.—The secret police today captured a dangerous an- archlat whose name Is said to be Zorto and who. It was learned from docu ments In his pockets, Is connected with the anarchist band at Paterson, N. J. Sinrto was captured while prowling around the royal home. Growth and Progress of the New Sooth The Georgian here record* each day aoma rtftn— “ South. BY B. LIVELY reported as to In* The Lang Manufacturing Cfftnpnny, of Weat Point, Oa„ atall additional new machinery; pn —* * '* “ The Union Cotton Mllla, of Ui chase of ctmslderahle new equlpn pan? operate* 96,(00 spindle* and 2.400 looms. Messra. W. 8. Robinson, H. F. Forbea nnd other* of Dallas. N. C., are Pan ning the organisation of a company to build a mill for spinning cotton yams. They propose an equipment of 6.000 spindles. The Inmnn Mllla, of Inman, 8. t\. Is reported as to tratld an additional mill, the equipment to be 20,000 anlmllea anil accompanying looms. This .company Is at present operating 18.336 stdndfes nnd 600 looms. The Corinth Wtsden Mills, of 8t. Lou I*. Mo., will hold a meeting on October 22 to consider Increasing cnpltnl atook by $100,000. This plan will give the company * — stock and r—— — — new uini’hliiery; present equipment Is 3.000 splndlea and 30 looms. Cotton Mills, of Union, 8. C., Is understood to be planning the pu chase of considerable new equipment to replace worn-out machinery. This con preferred stock. w $100,000 pi Reports atate that the Franklin Cotton Mills, of Concord, N. C.. will bull additional mill, the equipment to be 12,000 spindles and accompanying machinery This company la at present operating 7,$» spindles on the production of yarns. The Cherry Cotton Milt*, of Florence, Ain., la said to bare awarded — 1 “ .. .... t In Mi. 11 .00$ splmllea. Other Improvement* are understood to be under con sideration. The 8kybtud Hosiery Company, of Flat. Bock, N, C., _baa b?fu Incorporated with capital stork of $30,000 |>v Me* N. C.. anti U B. Htlllwell. of New W». §»■ The Shaw Cotton Mills, of Weldon, N. I •took of $100,000. of Flat Rock, N, C. t baa been tacorpe Kara. J. F. Wilcox and F. H. WBro*. of >„yi York: purpose, to manufacture knit hosiery. *— |j ■' baa beeu Incorporated with a capl