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THE WEATHER.
Showers tonight and Sunday,
remperatures (taken at A. K.
Hawke" Co.'s store): 8 a m„ 65
degrees: 10 a. m., 76 degrees; 12
noon. 78 .degrees; 2 p. m.. 80 de-
gre«.v B
' ,) ,
A Ml
Atlanta Georgian
AND NEWS
SPOT COTTON
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VOL. YU NO. 41.
ATLANTA, GA., SATURDAY, SEPTEMBER 19,1908.
PRICE:
«)• Tratu«..KIVK CJKNT8.
LEGISLATURE RINGS DEATH KNELL
FOR CONVICT LEASING—ADJOURNS
T
BEGONE!
AGREE AFTER
LOMHT
Convict Lease Systern"
Ends on March 31,
Next.
The general assembly of Georgia Sat.
urdsy morning passed the new convict
bill which takes the state's criminals
from the hands of private lessees next
March and puts them upon the public
roads of the counties, where they will
work under the supervision of the
state. At 12:45 o'clock the assembly
adjourned sine die. after having strug
gled four weeks In one of the bitterest
lights the stats has ever known.
Governor Hoke Smith will approve
the new bill Saturday afternoon,
whereupon It becomes the organic
law. and. unless future legislatures
change It, the disgrace of selling con
victs Into slavery will be forever wiped
from the statute books of Georgia.
One section of the new law provides
.that after all the counties have been
supplied, without ?oat. with all the con.
ylcts they, dealt* for working roads and
other publlo'improvements. and all the
cities supplied with what number they
want at 110# each per year, and all the
stats Institutions, state farm or farms
are filled with them, then If any felony
convicts remain undisposed of the gov
ernor and the prison commission may
dispose of them as they think the best
Interest of the state demands, for a
period not to exceed twelve months
from March 31. 1*08. As this section
applies solely to felony convicts, the
counties being compelled to take all of
their misdemeanor convicts. It Is the
opinion of Governor Smith and the
leaders In the anti-lease movement that
no convicts will remain on hand to be
disposed of under this section. The
state averages only 2,100 felony con
victs, and this number will be ab
sorbed, It Is believed, by th» several
plans provided In the bill.
Passage Is Cheered.
In both the senate and house the
anti-lease forces cheered the passage
of the bill vociferously. In the senate,
nine members stood resolutely against
It on account of the provision men
tioned above. They stated they wanted
the system ended unconditionally, and
they stood like defiant warriors to the
end. Senator Felder, who has led the
fight fer abolishing the lease system,
voted for the bill with this explana
tion of hla vote:
"We have killed the lease system,
but we haven’t burled the corpse.”
When the senate met Saturday Sen
ator Oordy Introduced a concurrent
resolution that the general aaaembly
adjourn sine die Saturday. It was not
acted upon, as "the author requested
that action be deferred for awhile.
Senator Stephens moved a reconsid
eration of tha adoption of section 7, the
"tug-of-war” section relating to the
fitt position of convicts by the governor
and prison commission after countlee
and cities have been supplied with all
•bey desire.
It was evidently the purpose of Sen
ator Stephens to allow an opportunity
to take off the amendment put on this
•«ctlon Friday afternoon, prohibiting
the leasing of these "overs" to prlvste
individuals or corporations.
Senator Felder In explaining hla vote
declared he would never yield on this
bo'nt. sines he felt It would not be
merely a sacrifice of his Individual
opinion, but a sacrifice of Georgia.
Senator Mattox In explaining his
J^te for reconsideration said he had
t*en here long enough and would never
oohte again.
The Okeefenokee swamp It too near
t” my home for me to ever come this
w *? **aln." he declared.
The vote to reconsider was 27 to ».
senator Stephens then moved to re
consider the action in adopting the
amendment to the section. Senator
c'tder called for the ayee and noea.
1 us motion waa carried. It to 5.
f he amendment waa then struck out
A WORD FROM THE GEORGIAN
The convlet lease system waa killed today.
A bill has passed that received the votes of such men as 8enator T. 8. Felder and Representative
Murphy Candler, and It will receive the signature <rf Governor ^mlth.
The provlilons of tho law will be found In this paper, and tho tome may not be entirely aatlefled with
It, we believe that the new law, IF ENFORCED, will give Georgia all that could be asked.
The unparalleled fight that has been waged and tha unprecedented efforts on the part of certain mem
bers of the legislature to eontlnue the convict lease ore matters of history with which we are all too familiar.
The names of the men who gave their strength again to disgrace our state should be forgotten, and In
the light of an ago of advancement our thoughts should be spent on the brighter aide of what hat been
achieved.
The men who have fought for Georgia and an enlightened humanity and who have stood every storm and
trial that right might win, should have the love and support of every clean citizen of Georgia. There should
be no gift of honor of which they should be deprived, and may God grant that men with such convictions
as theirs may always grace the halls of our capital)
Honor to whom honor la due. The Georgian has been compelled to take a very unpleasant part In the
whole conflict—been compelled, we say, because we could not be true to our trust and do less than we
did.
We seek no honor. We deserve no praise. We ask no office—no thanks for what little help we may
have been able to give this great wave of uplift that haa swept over our state.
The man who stands out boldest In the throng and who did most to help was our governor, who, by hit
fearless determination, promised his veto to anything but the death ofeonvlet leasing.
Some men may have played polities; some fought for their fortunes and their livelihood, while others
made sacrifices—whoever they are, whatever they did, they are all Georgians and the experience we have
been thru no doubt will make some more tolerant, others more peraletent for the right.
No man can say but that Georgia Is better off, but that the name of our beloved state will stand out
clearer In the eyes of the world—and that the people will stand with even a prouder heart that so great a rb-de
haa been made for the cause of right and humanity.
Let The Georgian, at least, offer her hand alike to friend and foe and our hearts anew to the best Inter
ests of Georgia.
F. L. 8EELY, Publisher.
by a vote of 24 to 10. The section, as It
. Pursed bv the house, was then
h * ck * nt ° the bill by 24 to 11.
,... »»« done over the earnest pro-
"t Senators Will ford. Henderson
Thirty-ninth and Henderson of
,h ‘ I Ifteenth.
TP' senate then proceeded rapidly to
Gintinutd on Pay* Four.
HOW GEORGIA DISPOSES OF
\CONVICTS UNDER NEW LAW
Under the term* of the new convict law adopted by the general aa-
aembly Saturday morning, the 2,400 misdemeanor convicts and tha 2,000
felony convicts which the state haa to handle ere disposed of as fol
lows:
-The countlea ara forced to maintain and work the misdemeanor
convicts, each county taking the number It convicts. The counties
are allowed to buy or lease farms upon which both the misdemeanor and
felony convicts may be worked in order to raise supplies for tht road
work" It may be engaged upon.
Counties desiring to work their quota of felony convicts upon the
roads must notify the prison commission not later than February 10, 1809,
and annually thereafter before that date. Aftar this first distribution
Is made'to countlee desiring to work their quota, then counties desiring
more may apply to the commission and shall have them without cost,
except that an equal amount of convict labor Is to be returned to coun
ties furnishing the convicts when those counties are ready to work their
roads.
Two or more counties may combine Into districts and work their
convicts together, alternating In the use of the gangs.
The prison commission, when In funds. Is to organize a ad equip road
gangs for working roads In counties not able to maintain their own
8aI, *Munlclpalftles are to be allowed to hire any number of convicts they
desire, at 1100 per year each.
The prison commission may. with the consent of the governor, buy or
lease for five years additional farms upon which to work convicts. Each
state institution may have the use of fifty convicts when It desires them.
If any felony convicts remain after these plans have been exhausted,
the governor and the commission may dispose of them (felony convicts
only) as they think the best Interest of the state demands, for a period of
not more than one year after March 21. and to no Individual or corpora
tion Interested In the emnunt of labor a convict may perform per day.
The commission Is nude a bureau of Information for road build
ing. and four road supervision sre provided to aid ths counties In road
work.
FINAL CONTEST ON
FOR CONGRESSMEN
JACKSON, Miss., Sept. 1#.—The
congressional campaign In ths Seventh
Mississippi district, last of the series
of primaries In this state, was brought
to a close yesterday, and ths contest
between Hon. William A. Dickson and
Hon. Jesse Webb Is being decided by
the voterk today. While the belief has
somewhat generally prevailed that
chances favor "Farmer" Dickson at ths
winner, a new element of doubt on this
point Is Injected by the fact that ths
weather conditions do not appear vary
favorable, and this Is likely to prevent
the full rural vote being polled. In
which event the chances of Ur. Webb
will be decidedly brightened.
Independence Nomi
nee To Support the
National Ticket.
In spite of the recent announcement
of Bernard Suttler to the effect that
Yancey Carter, nominee for governor of
Georgia of the Independence League,
would forsake the national ticket, Yan.
cey Carter gave out a written state
ment Saturday repudiating the Infor
mation given by Mr. Suttler, stats
chairman of ths party.
Mr. Carter in his signed statement
•ays that any suggestion that he ts for
Bryan and Kern is Incorrect. He also
makes explanation regarding other
matters contained In the recent card
of Mr. Suttler. while Secretary E. H.
Goodhart also makes a statement to
the effect that he Is and always has
been an Independence party man.
Altogether the Independence party in
Georgia seems to be suffering from a
broken propeller, and the friction In
thu atmosphere on the top door of the
Austell building, where both Mr. 8ut-
tler's office and the campaign quarters
are located. Is very notlcable. This
TRY TO STOP
Dealers Ask Injunc
tion, But Ordinary
May Beat Them.
An appllcotlon-.for a temporary and
permanent order restraining Ordinary
John R. Wilkinson from collecting the
1200 special license levied upon near-
beer dealers by the recent act of the
legislature, was submitted to Judge
Ellis, of the superior court, Saturday
morning by W. O. HolsenbAck, W.
Anderson and W. H. Grlggeis. who set
forth In the petition that they are
dealers In near-beer.
The petition was aleo filed against
Comptroller General William A. Wright
who, It Is said, directed the ordinary to
collect the tax. and Chief Turner, of
the county police, who has stated that
he would give the near-beer dealers
outside the city until Saturday night
to pay tho tax.
Judge Ellis did not grant a tempora
ry order In the case, but set the peti
tion down for a final hearing on Wed
nesday, September 23.
Basis of Action.
As a basis for the permanent re
straining order the petitioners set forth
that the act fixing the tax of 1200 upon
their business was passed at an extrn
session In violation of the law govern
ing the acta and doings of the general
assembly: that they will be compelled
to retire from business If the tax Is
enforced and that It Imposes upon them
BRIDWELLCASE
Course Is Necessary
After Error of
Court.
enltentlary system
In vlo-
P*?
latlon of that section of. the constitu
tion relative to class legislation.
Since Judge Ellis did not grant the
temporary order restraining the ordi
nary from collecting the tax and the
-tltlon will not come up for a hearing
fore Wednesday, It Is understood that
tho ordinary Intends moving against
the near-beer dealers at once and Is
sue executions against those who have
not paid. This will forestall any In
junction proceeding.
or la
by Attorneys
NEAR-BEER DEALERS
ARE ORGANIZING
Veiled In much mystery are the de
tails of the organisation which has for
Its purpose the protection of the Inter
ests of near-beer dealers and other
classes of citizens against whom, It Is
alleged, unfair attacks are being made.
It Is not known who Is back of the
organisation nor what definite plans It
After hearing argument on the mo
tion to dismiss the case of W. L. Brid-
weU, charged with violating the prohi
bition law. and In whose case a ver
dict was Irregularly returned Thurs
day afternoon. Judge Calhoun, of the
criminal court of Atlanta, stated Sat
urday morning that he would make
known Ids decision In the matter Mon
day morning at 9 o'clock.
The motion to dismiss Brldwell was
SI TO DROP
Foraker Involved by
Ohio Ex-Att’y-Gen’l
Monnet in Expose.
NEW YORK, 8ept. 1#.—A Colum
bus, Ohio, dispatch aays In part:
"Frank 8. Monnet, attorney general'
of Ohio from January 19. 1896, until
..... „ , .... _ .January 1. 1900, last night told your
made Friday morning by Attorney T. '.. _ • . ..
B. Felder, the defendant's counsel, and e°rre*pondent of the offer made to him
In a written motion Saturday morning "T alleged agents of the Standard Oil
Company to pay him 8800,000 If he
would drop the suits which he had In
stituted In the courts of Ohio to have
the company ousted from the state.
"He told of a conference held at the
home In Washington of Senator Joseph
Benson Foraker and of how forceful
the argument,was put to him of tho
power of the Standard OH Company In
the world of politics and of finance; of
the mysterious visit to his office here
he submitted the following reasons as
grounds therefor: That the verolct was
not returned In open court; that It was
handed to the clerk In tho absence of
the Judge, the defendant and the at
torneys In the case; that the Jury then
dispersed without giving the defend
ant an opportunity to poll them, all of
which was done without the knowledge
or consent of the defendant or his
counsel.
Assistant Solicitor Hynds stated to
the court that the only way to dispose
of the case Is to complete the record
and let the case go to a higher court
by certiorari, where the question of a
new trial may be considered. He said
the court has no right to grant writs
of error, to allow new trials or to cor-
rset Its own errors because It is a
court of limited Jurlsdlcltlon, /
No Claim of “Error.”
Attorney Felder contended that he
made no claim that an error had- been
committed, hut that his client has not
been convicted by due process of law.
and that the verdict returned by the
Jury Is nullified because of the facts
set forth In his motion. He argued fur
ther that, according to law. If a Jury
finds a verdict and disperse* before It
Is rendered In open court the verdict
enn never be known legally, even tho It
le later published In open court. *
Attorney George Gordon, who assist
ed In the prosecution as the repreaen- , ° n ' library and he produced
tatlve of the Good Government League, £ert my P**HIoiis In the
who offered to deposit to his credt! In
any bank that he would name a fee of
8600,600, and asked for his trouble the
small fee of 8100.000.
"Monnet gave the following state
ment:
Says Foraksr Called.
" In January, 1899, I stopped at the
Arlington Hotel, In Washington, the
day before I appeared In the United
States supreme court In suits against
the National Bank of Chicago.
" 'I found a card In my box after be- .
Ing there a short time from Senator
Foraker. asking me to call at his home
on Slxteenth-st.
“ 'I called him up by telephone and
made the engagement to call that
evening. When I called at his home
and. after passing social exchanges
with members of ths family. I was
taken Into his library and he produced
Continued on Pago Floe.
argued that If the defendant In Volun
tartly absent from the court when the
rdlct Is returned he waives his right
to he present.
Before announcing that he would
take the case 'under ndvleement Judge
Calhoun stated that his court Is some
thing like a Justice court and that he
has very limited authority. He Inti
mated ns his opinion that the only ac
tion he can take Is to complete the rec.
ord and let a higher court pass upon
the question of whether a new trial
Conlinufd on Pago F4e«.
HE FOUGHT THE GOOD FIGHT
Continuod on Pa/ofito.
Standard Oil ouster cases In Ohio.
Cautioned Foraksr.
" 'They Included papers in the case of
the state of Ohio against the Standard
Oil Company, the state of Ohio against
the Buckeye Pipe Line 'nnd the state
of Ohio ngalnst the Northwestern Na
tional Gas Company, and as he laid
them down, he told me that he was an
attorney for the company. I at first
discussed the Impropriety and danger
of his representing these trusts, crimi
nal and civil violators of his own
state's laws, as long as he. as well ns
mytelf, should be Interested In the
wdlfare of the people of Ohio.
" 'He told me that he never allowed
his law practice to Interefere with
politics, or his politics with his law
j practice, and added that he was a
Judge of the ethics of our profession.
He then took up the cause of action
against there two companies and re
minded me of the great power, finan
cially and politically, of the Standard
Oil crowd. After talking a short time,
he asked me to have the proceedings
delayed In order to accommodate him.
I firmly declined to concede any time
whatever and told him so. He recalled
the great power of the oil trust to any
one opposed to It.
Dealt at Arm's Length.
■"After that Interview, we dealt at
arm’s length, and not as political allies.
I received at the same time, while In
Washington. I think, possibly the next
day. a telegram from C. B. Squires, at
Cleveland, Ir which he said:
Slake no agreement with any
one In Washington about Important
business matter until I can see you.”
" 'It was after this that I brought
the suit against Squires and the other
men nnd began taking depositions In
the case, when I was ordered by the
courts to stop any further proceed
ings.
"‘I was defeated for a renomlnstton
by Senator Foraker and hla friends and
only received *7 votes In the conven
tion out of over 400. I could not bring
the cases to trial before my term was
ended, and the first thing that oc
curred after John M. Sheats was elect-
•d was the dismissal of all the cases
against the Standard and other oil
companies, which I had been pushing
so hard.'"
Springfield Man Must Hang.
SPRINGFIELD, III., Sept. 15 .—Joe
James, convicted of murdering Clergy
Ballard, was sentenced to be hanged
October 28. No motion Was made for a
t.ew trial.
H-H
H-H-
BIG LEAGUE WINNERS 4-
-I- PICKED BY MANAGERS. *
— +
+ NEW YORK, Sept. 19.—In the +
4- opinion of the managers of the +
V National and American Leagu
4- teams the Giants ara first cholc
SENATOR THOM A8 8. FELDER.
With unawsrvinp, untiring zest, and with consummats ability, Ha
led the fight in the legislature to end the reign of the convict broker and
tho whipping boss.
pen:
+ organisation, and the Tigers and 4-
+ White Sox have equal chances +
+ for the bunting In the American. +
4- Nine managers pick the Giants +
+ In the National, four are for Chi- +
+ cago. one for Fltteburg and two +
+ no choice. In the American five 4-
+ managers picked Detroit, five +
-t- Chicago, one Cleveland, one St. 4
*r Louis and four blank. 4
-TW-. '-■«