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the weather. “Unsettled weather with occos* The Atlanta Georgian SPOT COTTON. Liverpool, easier; 8.93. Atlanta, noml- Iona! showers Monday night and Tuesday,” Full and Complete Markat Reports are Printed Every Day A "VTT^ '\TTT"\A7"Q “The Braeebrldge Diamonds,” a thrilling mystery story, la now In The Georgian. XViN A-/ X ”1 J-V TT O being printed In The Georgian. n*l; I2c. New York, quiet; 12.20. New Orleans. nominal; 12c. Augusta, quiet; 12c. Savannah, steady; 12fe VOL. VL NO. 36. TWEITY-FIVE ATLANTA, GA., MONDAY, SEPTEMBER 16,1907. PRTfilB* Atlanta: TWO CENTS. ATJ.V4.VsOJ. 0n T r4 j M; five CENTS. Mistake in Train Dis patchers’ Orders Causes Collision. MANY WOMEN • AMONG VICTIMS Two Locomotives Meet On Straight Track During Early Morning Fog. OO0O000000000000000000000g 0 FARMER FINDS MOTHER 0 MANGLED UNDER WRECK. <1 C West Canaan, N. H., Sept 18.— O Benjamin Briggs, a West Canaan 0 farmer, was one of the first at 0 the scene of the wreck, and two O hours later he drew out the body 0 of a woman. On turning the 0 0 face, Mr. Briggs looked Into the 0 features of his mother, and al- O most collapsed from grief. Mrs. 0 Briggs had been visiting friends 0 O In the North and was on her way 0 to Boston. O0000000000000000000000000 West Canaan, N. H., Sept 16.—Twen ty-flve persons are dead and more than forty seriously injured, many of whom will die as the result of the head-on collision between the Quebec express, carrying excursionists from fair at Sherbrooks, Que.. and a fast freight on the Boston and Maine rail, road four miles north of Canaan. Most of the victims were women. Official List of Dead, the official list of the dead and In Jored furnished to The Hearst News Service by the Boston and Maine rall- rtad officials at Concord, follows: Identified dead: ANNIE BARRETT, Manchester, N. H. .MRS. E. K. BRIGGS, West Lebanon, N H. MRS. ADOLPH BOISVERT, Con cord. RICHARD CLARKSON. Lebanon, N. H. JOHN A. CONGDON. Bethel, Vt. MISS GODFREY, Newark. N. J. FRANK R. LOWE, Ipswich, Mass. F. M. PHELPS. Ochiltree, Tex. AUSTIN ROGERS, aged 8, Manches ter. N. H. TIMOTHY SHAUGHNESSY, Man chester, N. H. * M US, BRIDGET SHAUGHNESSY, Manchester, N. H. G. L. SOUTHWICK. Worcester, Mass. MRS. M. E. WARREN, Haverhill, Mass. There are the bodies of seven women, four men and one boy still unidenti fied. List of Injured. Following Is a-ilst of the Injured: John Barrett, Manchester, N. Miss Alice Barrlck, Manchester, N. H.; E A, Bachelder, Somerville, Mass.; Mr. and Mrs. William Beard, Manches ter, N. II,; Miss Annie and Miss Flor ence Beard, children, Manchester, N. H . E. M. Bouchard, Lowell, Mass.; Frank Brnwn. conductor of passenger train; John A. Callahan, train hand; E. I'nrmler. Lawrence, Mass; William Cunningham, Hamilton, Mass.; child of William Cunningham; C. A. Dervey, Manchester. N. H.; Edwanl Early. Lowell. Mass.: Arthur Freeman. Ca naan, N. H.: Philip Dagnon. Hherbrook, Que.; Erwin Gilford; Mrs. Alfred Gif ford. I.oulse Gifford, aged 2 years; Miss Ena Ountomer, Ipswich, Mass.; •Mr. and Mrs. Henry B. Hardy. Man chester, N. H.; Carl Hernan. fireman, freight train; William Hoffman, Bos ton; Anthony Jacques, Mlllbury, Mass.; •Mrs. Emma, Josquee, Mlllbury, Mass.; Alvin Jalron, Nashua, N. H.; Jennie Jalron; Abble Jansen, Nashua, N. H.; •Miss Margaret Largy, Manchester, N. U.; Theo Little, Concord, N. H; Hen ry Moran, Nashua, N. II.: Della Moran, Manchester. N. 1L: W. E. Noyes. Bow, •V H.; Miss Jenny Noyes, Pomfret, J. M. Noyes, Somerville, Moss.; Mrs Ora Phllbrlck. Wakefield. Mass.; Philip Pike, Jamlaca Plain, Mass.; Cora rounder*, Brockton. Mass.; Fred Saun ders, Nashua, N. H.; Esther Saunders. Brockton, Mass.; O. 8herldan, Lowell, Mass,; K. B. Shurtlcfif, West Canaan. Y H.: Mrs. C. St. Pierre. Avertll, N, 11 : Curtis M. Rice, Lowell, Mass.; Mrs. Curtis M. Rice, Lowell, Mass.; Mrs. R 0 se Royer (or Reagan), Man chester, N. It.; Frank Ryun, White River Junction, Vt.; Roy A. Weeks, Manchester. N. H.; Frank Welbster, Canaan. N. H.: Charles White. Bos- ton: Stella Van Pinner, Ipswich. Mass.; G B. t'rnlck, Manchester, N. H. According to W. R. Ray, Jr„ dl- yislon superintendent, J. R. Crawley, ’he night train dispatcher at Concord, tent a dispatch to John Greeley, the th*ht operator at Canaan, that No. 24 one hour and ten minutes late, order which Conductor Lawrence, “f :he freight train, showed after the •evident distinctly states that No. 20, Instead »f No. 24. was an hour and ien minutes late. Conductor Lawrence, ^vlng that he had sufficient time In me hour and ten minutes to reach the '■'.'•track at West Canaan, four miles net and. before No. 20 reached It or- ,‘■'7 his train ahead. The auperln- Je ht declared that the accident was IS PLAH FOR E Combination Struct ure For County and City. The mllllon-dollar city hall-court house aeems a go. The proposition will be submitted to the cltlxens of Atlanta and Fulton county next March In the shape of a bond election, and the people will be allowed to state by their ballots wheth. er or not they favor the handsome new structure proposed. This was determined at the session held Monday morning at which the mayor and a committee from council met Jointly with a committee from the board of county commissioners, and the proposition waa recommended favora bly by the unanimous vote of those present The plans submitted by P. Thornton Marye, the architect, were Indorsed and practically all the preliminary details of importance were agreed upon. If will go before council Monday after, noon and before the board of county commissioners later this week. "It looks llko a certainty now,” said Mayor Joyner, after the Joint session. The resolution of Indorsement was offered by Colonel Clifford L. Anderson, chairman of the board of county com missioners. It was as follows: The Resolution. "Resolved, That this Joint committee from the general council of the city of Atlanta and the board of county com missioners of Fulton county recom mend to tho mayor and general council of the city of Atlanta and the board of county commissioners of Fulton county that a Joint court house and city hall bo erected upon the land now owned by Fulton county and located on tho southeast corner of Pryor and Hunter streets, the city to purchase and own one-third of said land; the one-third Is situated on the south end of said land, and to pay for the portion of the building covering lts land, vlx: one- third of the cost of the entire building. The value of the land to be purchased by the city to be agreed upon, and. If the board of county commissioners of Fulton county and tho mayor and gen eral council of the city of Atlanta are unable to agree upon this value, the same Is to bo submitted to arbitration as follows: Tho county to appoint one and the city appoint one, and these two to select a third, and tho decision of the majority to bo binding. The coun ty Is to provide Its own furnishings for Its part of the building and the city Is to provide Its furnishings for its part of the building. The total cost of the building, outside of the furnishings, to be approximately 2800,000. "Wo horewlth submit for the con sideration of the mayor and general council of the city of Atlanta and tho board of county commissioners of Ful ton county tho report made to this Joint committee by Thornton Marye. relative to the construction of this building. To Coot $881,303. The total coot of the structure, ex clusive of furnishings, as estimated by the architect, will be 8881,202. The county will occupy two-thirds of the structure nnd will, therefore, pay two- thirds of. the coBt. On the other hand, the city 'must pay the county for onc- thlrd of the county’s property on which the city hall will be located, and this. It Is thought, will make the city and county really pay about the same. The report of the architect, as read by Colonel Anderaon to the Joint com mittee, proposes that the present court house and the annex be torn down completely; that a building six.stories In height, of marble or some other sub stantial material, be erected; that the ground area be 27.742 aquare feet and n 116 Ar,9 aniinro fpnt * thflt CENTRAL MAKES J, * Federal Cases Con tinued Until Oct. 7. TWO AMENDMENTS FILED BY ROAD Suits of Other Roads De ferred Pending Action On Case of Central. On account of two amendmenta. Hied by the complainant to Its original bill, making Governor Hoke Smith and George F. Montgomery, secretary of the railroad commission, parties to the defense, the case of the Central of Georgia Railway Company against the railroad commission of Georgia waa continued until Monday, October 7, by Judge Newman, In the United States district court Monday morning. 'The continuance was allowed In or der that service ntay be made' upon the two additional denfendants In the suit, which the Central Is making to secure a permanent Injunction pre venting the enforcement of the 2 1-2 cent rate recently Impoeed upon that railway by the railroad commleslon. The coses of the Louisville and Nash vllle, the Atlantic Coast Line and the Atlanta and West Point railways, which were also set for a hearing be fore Judge Newman Monday, were temporarily passed pending the dlspo .sltion of the Central’s petition for In Junction. When the cose was called Monday morning Attorneys Lawton & Cunnlng- the floor area 142,462 square feet; that the floor area for the city hall be 21.- 316 square feet, aa compared to 18,i60 square feet, the present area; that the floor area of the court house be 111,136 square feet, as compared to 68.884 square feet, the present area The new Joint building will be located on the present site of the court house, comer South Pryor and Hunter streets —270 feet on Pryor and 180 feet on Hunter. The estimated value of this property Is 2300.000. Election in March. It Is prgpoaed that the bond election for city and county be for 3600,000 each, and that both be held on the same day —preferably In March, when the regis tration Is representative, but not very heavy. , . .. . Councilman Longlno asked that pro vision be mnde for offices In the city hall of the chief of police, the chief of the Are department, the city attorney, and the board of education. He was anxious that the city attorney be re quired to devote hta entire time to the city and that his salary be Increased from 33,000 to $6,000. These matters were left to the con sideration of council at a later time. Mayor Joyner presided at the meet- jg which was held In his office at 10 -’clock. The others present were: Al derman Peters and Councllmen Longl no, Martin and Hancock and Commis sioners Anderson and Carter.-^ [art; Attorney* J. K. Hines, IV. A. Wlmblsh and Hooper Alexander, representing the railroad' commission, announced that they were ready to proceed In the hearing of tho case. Attorney General Hart then read to the court the demurrer filed by tho state to the bill filed by the Central railway. Commleslon’s Demurrer. Under the general statement that there Is no equity In the bill, the state demurred as follows; 1. The order of the railroad commls slow Is presumptively legal and there Is adequate remedy at law to contest Its constitutionality. 2. Before any officer of the state can be enjoined from enfqrcing a law tho Invalidity of the law must be estab Ushed In a court of competent Jurlsdlc tion. 3. The complainant not having vlo lated the law, there can be no multi plied nor multiplicity of suits brought against it. 4. The reasonableness of the rate will be determined by the final effect upon the oiieratlnns of the carrlor. 6. Should the rate provo unreason able after a fair teat, a remedy can be found In the railroad commission which la supposed to discharge Its duty. 6. There Is no party defendant against whom relief can be granted, neither the commission, the attorney general nor special counsel being charged with the enforcement of the commission’! rulings. 7. The circular has become part of the law and Its constitutionality can not be questioned, nor Its operation en joined by a suit In equity against per sons not vested with tho enforcement of the law. Governor Hao Power. 8. The commission has fully per formed Its function! under the law and has no power to enforce It. The duty of enforcing the law devolves upon the governor and a suit against him to en- loln execution of presumptively valid law Is, In legal contemplation, such a •ult against the state as la forbidden by the eleventh amendment to the con stitution of tho United States. It Is not averred tnat either or any of the defendants can or will Institute proceedings against the complainant O ON EDITORIAL PAGE. Continued on Page Ton. The “Growth ami I'rog- £ § roAS of the New' South” © 4$ feature, which has been ap- $ 4$ pearing on the first page of vj> 4$ The Georgian, will appear 41 4$ daily hereafter on the edi- 4 4$ torial page. $ * • «*••*•*** * O O 10. _ ed with the exclusive power to deter mine the reasonableness of rates and Its orders are not subject to Judicial review unless the rates are too low and amount to a confiscation. 11. The railway company Is not ent|. tied to’earn a given per cent on its cap italisation or on the value of the Invest ment, this being a legislative, not a ju dicial question. Attorney Lawton, for the Central, then read the two amendments offered to the original bill. Central’s Amendments. The first amendment made George F. Montgomery, secretary to the railroad commission, a party to the suit and an Injunction waa asked restraining him from certifying the order Issued by the commission reducing the rate on the Central railway. The second amendment mad* Gov ernor Hoke Smith a party to the suit, ami a permanent Injunction was sought restraining him from ordering any ac tion brought against the Central rail road for any alleged violation of the or der of the railroad commission. The amendment alleged that Govern or Smith has. "under color of the au thority of said order, which la In viola, tlon of the constitution of the slate and Continued on Page Ten. THE DIARY OF ANANIAS! (Copyright, 1907, by Aiuerlcnnjouruul-Exumlner.) Iriopfier 'The punishment of tho predatory corporations Is going on relentlessly, forms of commercial robbery. I was preient at Police Headquarters when they v Ing taken to jail for long terms. It is most gratifying to tec that tho administration tlesely. Yesterday eight more trust magnates were oonvleted of rebating and they were brought in and photographed for the Rogues’ Gallery, previous to bo- filtration is thus fearlessly protecting the people’s interests.” Clay Certain To Be Opposed Race. in Here Is a prediction. Senator A. 8. Clay la certain to have opposition for tho United States sen- THE GEORGIAN INDORSED * AT GREAT MASS MEETING HELD IN ANNISTON, ALA. Special to The Georgian. Anniston, Ala., Sept. 18.—At a prohibition mass meeting held here yes. terdny, tho following resolutions were adopted: Whereas, The Atlanta Georgian and The Birmingham Ncwb. two of the leading dally papers of the South, have espoused the cause of prohibi tion and In their editorial columns are doing all they can to advance this great Interest, therefore, be It ••Resolved, That Ibis assembly gathered In the Noble Street theater, Sun day, September 16, J907, do most heartily indorse the stand taken hy these two papers and commend them to the cltlxens of our county and state as worthy of their patronage and support, they being In every Instance on the side of morality, when an Issue Is sprung. "Be It further resolved. That copies of these resolu'lons be furnished The Atlanta Georgian and Tho Birmingham News for publication.’’ If It Isn’t Governor Hoke Smith, It will be Hon. Seaborn Wright, of Floyd. And It Is going to be a mighty warm campaign, too. tor whoever enters the list against the Junior member In tho highest legislative body of the coun try. Unquestionably speculation Is rife In every nook and corner of Georgia as (o the probabilities of Governor Smith' getting Into the race. It Is heard In totals, on street comers anil on the train. The governor’s two excursions Into the state In the past week have inaugurated a chain of speculation as to his probable course that has the whole slate talking. It Is difficult to And many who do not believe that he will enter the sen atorial contest. In the trip to Sum merville and In his speech there Gov ernor Smith eschewed politics alto gether. His Summerville address was devoted entirely to educational discus sion, and he made no reference to pol itic* whatever. But politicians and his friends could talk of little elso while he was there. The talk was not directed at him, but as among the men who heard or knew him. In north Georgia Governor Smith's future course Is of special In terest. For be It known that north Georgia grooming some favorite aims her self. They talk It this way up there; If Governor Smith opposes Senator Clay, then Scab Wright will go out aft er the governorship. If Governor Smith does not. then Mr. Wright will try to rest I he senatorial Job from the Cobb countv man. Then Ihere Is John W. Akin, of Bar tow, to be ret kneed with. dent of the gO00O00000OO0000000O000000 O WEATHER7 WHAT’8 U8E7 O BALL SEA80N IS OVERI 0 It does not appear that any- O O body can be Interested In weath- O O er conditions now, since the ball 0 O season Is over and Atlanta landed O 0 the bit of prised bunting. ’ How- O 0 ever, a few people might want to 0 O know on account of'erops, taking 0 0 a trip away and such unimportant 0 0 events, so here Is the outlook: Q O "Unsettled weather, with occa- O O slonal showers Monday night and 0 0 Tuesday.” 0 I 0 Monday temperatures: 01 0 7 o’clock a. m 69 degrees 0 is 8 o’clock a. m 70 degrees 0 O • o'clock a. in 72 degrees 0 0 10 o’clock a. m. 74 degrees 0 O 11 o’clock a, in 76 degrees O O 12 o'clock noon 7# degrees O O 1 o'clock p. m 80 degrees O O 2 o'clock p. tit 82 degrees 0 0 O POO0O00OOOO0O0OOOOOOOOOOOo REAR ADMIRAL WALKER DEAD Cano Meddlrk, Me., Sept. 16.—Rear Admiral John Grimes Walker, U. 8. N., retired, died here thin morning. 31,291 PENSIONERS DIED IN 12 MONTHS Washington, Sept. 16.—Advance fig ures of Pension Commissioner War ner’s report show that 31,291 soldiers and pensioners of the Civil war died during the fiscal year. would not l>e at nil averse to stepping up Into the executive, office. And John Akin is a strong man. He knows men nnd measures, has no small genius for the Intricacies of the political gfl nnd at this time is very strong ^ the prohibition forces In Georgia—and man realizes more keenly what n hlg factor that sentiment Is In Georgia now. When asked as to his possible can didacy for the senate, Governor Smith says that he Is too buiy administering the affairs of state to think of that. Put he is obliged to be thinking of it, because the whole state, practically, fs In a listening attitude toward him. It !•* believed thnt Governor Smith will definitely announce his Intentions before many weeks. With definite an nouncement of tils plans political mat ters will come quickly to a focus In Georgia. And as regards that gubernatorial . succession there Is Covington. Hard- Hc is presi- 1 man and possibly Congressman IlurU- ate senate now, and he wick to be considered. “I HAVEN’T QUIT,” SAYS BONAPARTE Boston, Sept. 16.—Before leaving for Chicago today Attorney General Bona parte said: "My resignation is not in the hands of the president and there Is no llkeli hood or Its being offered.” CHANNELSWIMMER RESCUED GIRL Dover, Sept. 16.—Jobes Wolffe, an English swimmer, started today to swim the English channel. When about a mile out he rescued Miss Lillian Ed wards from drowning, after which he resumed his Journey. CONSTANTINE WILL SOON FACE A JURY Chicago, Sept. 16.—Frank J. Con stantine, charged with the murder of Mrs. Arthur W. Gentry, January 6, 1906, was put on trial for his life to day before Judge Havana ugh. Constantine's attorneys made no de mand for a change of venue, ns had been expected. The court waa crowded to suffocation when Judge Kavanaugh arose nnd delivered a strong admoni tion to prospective jurymen. RIOTIIC MEN in ii cm Trouble Follows Strike of Eight Thousand Furriers. New York. Sept. 16.—Rioting aa a result of the strike of 8,000 furriers in the section between Broadway and Fifth avenue and Eighth and Four teenth streets, brought out the reserves of the .Mercer Street police station on four raid* this afterneon. In which fifty prisoners were taken. Tho prisoners were hauled by the patrol wagon load to the Jefferson Market court, where they were all held by Magistrate Corrigan charged with disorderly conduct. New York. Sept. 16.—An ultimatum was circulated this morning among the striking telegraphers, which, after re ceiving the signatures of a sufficient number, was to be preeented to the of ficers of the telegraph companies. The signers pledged themselves not to go back to work for a period of twelve months unless certain of their demands were compiled with by the companies. One of the leaders of the men said this morning he believed the crisis In the strike would come before the end of the week. Race Results. V, gravUend. First Race—Jack Atkin, 4 to 1, won; ell, 2 to S, second; Prince Hamburg, 6 to 6, third. Thud, l;ito 4-6.