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THE ATLANTA GEORGIAN AND NEWS.
MONDAY, ilfcCKMlIUl t
UNTIL TIME PROVES
THAT NEEOED
Governor Not Party to Suit,
Rules Judge
Newman.
Not T«t will the Central of Georgia
railroad eecure an Injunction from
ELKS -PAY TRIBUTE
TO MElwORY Of
Impressive Lodge of Sorrow
at Grand Held by
Local Lodge.
In commemoration of the death of
their departed brethren the Atlanta
Judge Newman restraining the railroad j lodge of Bike held a most Impressive
commission from enforcing the reduced
passenger rates In circular 334,
In a lengthy opinion, handed down
Saturday night, Judge Newman settled
this famous case temporarily and with
held action, neither denying nor grant
lng the Injunction as prayed for by the
railroad company.
In his decision Judge Newman says
It would be well to try the reduced
rates for a few months and ascertain
etaetly whether or not the rates are
confiscatory.
Several Important questions, how-
ever, were determined by the decision
In the first place Judge Newman de
cides that Governor Hoke Smith can
not be made a party to the suit.
He further decides that the attorney
general can net be made a party to the
suit.
But hs gives the opinion that the
railroad commission Is subject to In
junction and that the fact that the
commission has put an order Into effect
does not prevent an Injunction being
secured anglnst It.
Give Rstae a Trial.
In deciding that the reduced rates
should be given a trial before they were
declared to be confiscatory. Judge New
man eays:
*1 have given the matter of the prop
er direction to be given this case ear
nest and very careful consideration. It
is not a light thing to interfere with
the agencies created by the state, for
the administration of such Important
matters as the railroad commission of
Georgia Is chargsd with under the stat
utes of the state. Nor should the claim
that rights of property have been se-
rlously Invaded be lightly treated. The
light of the complainant to come Into
the courts of the United Htates with n
case like this, when It claims that the
effect of rates fixed by the railroad
commission Is to take Its property
without Just compfnsatlon, without
due process of law*, and to deny It the
equal protection of the law under the
firth and fourteenth amendment*. 1 as
well settled by repe;Ved decision* of the
supreme court ns anything wejl could
be.
Nichols.
M Complanlant's counsel earnestly
claim that while this investigation I*
going on. and during any delay to as
certain the effect of this circular, the
company Is sustaining serious loss, llui
that goes to the whole question at Is
sue. If that were shown satisfactorily,
the temporary Injuneth n should Issue.
But it Is not. All that can be mild as
to this, taking the most favorable view
of the allegations In the bill, Is that
the rallwny company’s officers. In good
fnJth, believe the conpnny will suiter
serious lo.^s. This surely Is Insuffi
cient.
'it Is not easy to say how long tills
rate should be tried to ascertain Its
•fTect upen the railway, company’s busi
ness. Six month» from the time the
rate became operative should certainly
demonstrate what Its effect will he. j
service at the Grand opera house Sun-
! day ufternoon. An Immense audience
assembled to do honor to the memory
of the thirteen prominent member* of
the order who have passe'd Away with
in the past twelve months, and a beau
tiful and fitting program was rendered.
The service was opened with a pro
cessional march from the ’’Queen of
Hheba,” rendered by J. P. Mat Wesson's
orchestra, followed by the ritual of the
order, which was conducted by Exulted
Ruler U. C. Broyles.
The opening ode was rendered by a
double male chorus, the audience Join
ing ip the chorus to the air of "Auld
Lang Syne.” Rev. A. R. Holderby then
led the audience in prayer.
Mrs. Arthur C'reviston, one of the
sweetest singer* In Atlanta, sang a
beautiful solo. "Crossing the Bar,” aft
er which Albert Borden Green, a reader
of unusual ability, renderd Tlrytint'a
famous poem, "Thanatopsls.” It. D.
Armour next sung that touching solo,
"The Sorrows of Death.”
Judge Joseph E. Pottle, president of
the State Association of Elk Lodges,
delivered the memorial address. The
orator paf^ an eloquent tribute to the
virtues of the departed brethren In
whose memory the service wa* held,
after which ho discoursed upon the ob
ject an$ purpose of the Order of Elks,
briefly tracing the rise and rapid de
velopment of the order. The'address of
Judge Pottle was followed by a beauti
ful duet, ”A» Pams the Hart," ren
dered by Mrs. Arthur Crevlston and
Mr. Armour. The tableau, represent
ing angels being wafted aloft, followed
next and was participated In by four
little girls. Misses Gladys Hand*. Mi
riam Fudge, Rebble Smith and Marie
Stoddard.
As the Elks marched Into the Grand
little girl, Dorothy Elkin Ivy. the
4-year-old daughter of Lieutenant W,
II. Ivy, of engine company No. 10, *aw
her father aero** pie house and rose
In her *«*at to cry:
^ "Hello, daddy! There's my dfld<Lv.’
The Elk* crowded around her an# "ev
ery person In the house Inquired n* to
her Identity. It was a little touch of
child nature that brought the audience
loser together.
The HervU-e was closed with the ben-
I'dlctlon. pronounced oy Rev. C. B.
HOLIDAY
HANDKER
CHIEFS
The Christmas Thought
Abounds
In
This Department
Wllmer.
The deparln) Elk, In tvhoae honor
<• service was hold wore John G.
.Miller, John B. Rnbrrla. John I). Mals-
by. J. J. Tolbert. l>. C. Camp W A,
Roberta, John H. Griffin, t.udwlg Mon-
In*. George \v. Mann, II. I). Green,
and C. (I.
Stern, P. J. McGove
My conclusion Is. It would be best that
tho company ahuulil continue tile rate
In effect for that length of time, and
ascertain the mull. After it ■•hall have
bean tried for title length of time, the
court will determine the right to an In
junction. However, after the return*
for complaltmnt'e passenger bualneas
up to January are available, and eon
be put In shape, If complainant's conn,
■el desire they may then furnish to the
court a sworn statement of the com
pany's officers, anil If they wish to do
ao. compare the same with the four Im
mediately proceeding months, ntut fur
ther. with the same four months of
the preceding year; that Is. from Sep
tember, IMS. to January I, ISO'. The
court will then take under advisement
again the nutation of Issuing a tem
porary Injunction."
After deciding that the governor ran
not be made a party to the suit. Judge
Newman's decision can be summed up
In the statement that he takes no ac
tion for the present. He neither de
nies nor grants an Injunction. The
mere allegation on the part of the
REV. ELLIS ORATOR
AT MEMORIAL SERVICE.
Special 1,1 The (leerglall.
Brunswick, On., Dec, 3.—Yesterday
afternoon at the Grand opera house, tho
Benevolent and Protective Order of
Elks held animal memorial exercise
rial address was delivered
. II. Ellis, [>.[)., of Mac
and the eulogy by Colonel W. K. Kay.
of Jacksonville, Kin., assistant general
counsel of the Atlantic Coat. I.lne mil-
We always make great prepara
tions for our Handkerchief selling. Even
normal conditions find us superbly stock
ed and ready for all demands. But witk
the holiday trade m mind, we kave tins
year so stressed and emphasized the de
partment that when you come you will
find your expectations not only fully
met, hut surpassed.
If you decide—and what could
you better do?—to give Handkerchiefs
as Holiday Gifts, come just as early as
you can, and, armed with your list, do your choosing while there is a hit more leisure.
There 11 he less every day now. Handkerchiefs are easily sent; they are dainty
and desirable; they are appropriate. There's no handkerchief stock m Atlanta that
can touch ours for values and
you 11 need.
Ladies sheer Shamrock hand
embroidered initial handker
chiefs \ . : 15c
Ladies sheer initial handker
chiefs . . . 15c
Ladies sheer Shamrock hand
embroidered initial with
wreath. Three patterns 25c
extent. R
un over
this list and see what you think
Ladies embroidered hand
kerchiefs 15c, 25c, 50c, 75c
Ladies' mourning embroider
ed handkerchiefs 15c, 25c, 50c
Ladies sheer Shamrock hand-
Ladies
chiefs,
hems
Children s
handker-
1-4 inch
mourning
1-8 and
. . 15c, 25c,
fancy box ban*
50c
d-
Men's plain hemstitched all
linen handkerchiefs
25c, 50c, 75c, $1.00, $1.50
Men's tape border all linen
handkerchiefs . 25c to 50c
Men’s all linen initial hand-
250
TO CURE A COLD IN ONE DAY
Take LAXATIVE HltoMO Quinine
Tablets. Druggists refund money If It
falls to cure. E, w. GROVE'S slgnu-
lure Is on each box. 25c,
Acworth Hot,l Le,„d.
Acworth, On., Dec. 3,—A change In
the management of the McLain Hotel
was made today when Oeorge McLain
rented the hotel to j. j. Brantley, of
Sylvanta, On. The hotel will continue
to he run under the same name.
eeatnry Is not sufficient, although they
make these statements In good faith
add believe serious loss will result. But
to determine this accurately. It Is bet-
tar to give the rates a trial.
JudfiS Shslby't Ordsr.
This csss had Its Inception In the
ALABASTINE
.The best of all materials for tinting
walla.
GEORGIA PAINT A GLASS CO„
40 Peachtree Street.
THE TEST OF A
MAN’S HUMANITY
Is his willingness to do somethin!?- The
test of his treatment and his confidence
In It Is shown by his willingness to
put It within reach of the public. Rased
upon these facts Dr. De Trunx Is
offering to the public hi* treatment
for the Opium. Drug and Alcoholic
habit* for the next ten days nt one-
hklf the usual rale* f„r such treat
ment. The treatment I* scientific,
harmless and successful; a* near pain
less as any successful treatment can
bf. TJie offer I open to all worthy
addict* who wish to be cured before
the new Drug and Liquor Law goes
Into effect. Our home treatment I* sue.
cessful for all uncomplicated case*.
Call or address
Branch Sanitarium De Truax.
Corner Washington and Hunter St*..
(Opposite Capitol) Atlanta. Cl a.
-S-'rSfS
I
TEETH
imliK Me neb.
tf*ttl P. Mouet ess
nut bar better..
I'll I f. A DELPHI*
I'KMAI. umuui
*v « wuiuitau si.
FnltPd State* court In Ahlinmn before
Judge Shelby just before the rates be
came operative -on September 2. An
Injunction was refused at that time
and the case set for u hearing before
Judge Newman in October.
This hearing occupied sevenfi dnys
utid was participated In by prominent
lawyer* on both sides. Former Sena
tor John C. Spooner, of Wisconsin, and
Lawton £ Cunningham, of Savannah,
appeared for tin* Central of Georgia,
while Attmney General Hart, Judge
James K. Hines, attorney for the rail
road commission, and Wlmblsh. Wat
kins A- Ellis represented the state
Since tlnj close of that hearing Judge
Newnwp has been at work on the de
cision and be has given It n great
amount of thought. Ho has realised
the Importance of the case from the
beginning and each detail
has been worked out with the great
est care. In hi* dcdslon, Judge New
man gives many authorities for hi*
action In the matter, and the** cover
the points in question thoroughly.
Injunction If Heavy Loss,
In deciding that the rates should be
given n trial. Judge Newman says:
"My judgment I*. after careful reflec
tion ahd consideration, that the railway
company should try the new rate for a
few months and see what the effect is
In Its passenger business. If ths re
sult should be a substantial loss In re
ceipts from passenger business, it
would be entitled to an Injunction
(tending the consideration and final de
termination of this case, and In this
event the decree can make proi»cr
Iston for the protection »
traveling public, and for. any los
talned by posseng* rs In the event the
final decree Mioyld be adverse to the
railway company.
If, after testing this new rate for a
few months, it should appear that
loss has resulted, then complainant
uld not be entitled to an Injuno
il pendente life.
For the reasons that have already
n given. 1 do not believe that the
allegation that loss will result to the
railway company from the new rate Is
such a well pleaded statement of fact
as that it is admitted to he true by
the demurrer.’*
As Judge Newman say*, the railroad
attorneys may furnish sworn state
ments from the officers of the company
after the returns for January’s business
are available and compare this business
of four months from September, with
the preceding four months or the same
four month* for last year, and then
Judge Newman will take under mlvise-
ment again the question of a temporary
Injunction.
kerckiefs
Ladies sheer crossbar
stitched handkerchiefs
25c
hem-
. 25c
Ladies' cross har handker
chiefs . . . 15c
Ladies plain linen handker
chiefs . 10c, 15c, 25c, 50c
Ladies Armenian handker
chiefs. All hand work
50c, $1.00, $1.25, $1.50
Ladies' French hand embroid
ered handkerchiefs
. $1.00 to $12.50
lace handker-
$1.50 to $18.00
lace edge hand-
250
rea
Ladies
chiefs
Ladies linen
kerchiefs
kerchief, 3 in box . 25c
Children s initial handker
chiefs. 3 in a fancy box 25c
Children's cross har fancy
handkerchiefs, 3 in a box 50c
Ladies' embroidered hand
kerchiefs, 6 in fancy holly
box. Box . . $1.00
Ladies' sheer hand embroid
ered initial handerchiefs, 6
in box. Two patterns $1.00
Men's plain linen handker-
. . . 10c
plain all linen hem-
andkerchiefs. 6
chiefs
Men's
stitched he
for
$1.00
kerchiefs
Men's all linen tape border
initial handkerchiefs . 25c
Men's all linen hemstitched
initial handkerchiefs . 50c
Men' s cross har all linen
hand embroidered handker
chiefs ... . . 50c
Men s silk handkerchiefs
25c, 50c, 75c
MEN'S SILK MUFF
LERS AND REEFERS
in black, white, gray, black
with dots, and many fancy
mixe d color, 75c, $1.00,
$ 1.25, $ 1.50, $2.00, $2.50, $3.00
"Shamrock" Linen, which you see so frequently mentioned in our list, is about
85 or 90 per cent pure linen; tke rest is cotton put m to give that sheer softness so
eminetly desirable in a handkerchief. “Shamrock handkerchiefs of our quality,
will come from the laundry just as soft and pretty as you could wish-—not rough
and harsh, like some others.
BOXES: We
dkerchief purchases.
of your gift and will he very convenient for you.
Main Floor to your left as you come in.
fa
FANCY CHRISTMAS
ncy boxes to give away with hanc
have a very attractive line of
They enhance the effective
ness
Chamberlin-Johnson-DuBose Co.