Atlanta Georgian and news. (Atlanta, Ga.) 1907-1912, December 10, 1908, Image 1

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the weather. jlain late tonight or Friday. Temperatures (taken nt A. K. Hawkes Co.'s ♦tore): 8 a. m., 45 ?A r eee; 10 «• m., 49 degree*; 12 t Z lt degrees; 2 p. m„ 28 de- grees. AND NEWS SPOT COTTON. Atlantft. qnlet; S11-16. Liverpool* steady 4.96. New Orleans, eagy; 813-15. Nr* York, quiet; 9.15. Savantmh. quiet R9-16. Augusta, quiet; 9c. Oalvegton firm; 8%. Norfolk, quirt; 9c. Mobile easy; 811-16. Houston, steady; 874. VOL. VIL NO. 112. ATLANTA, GA., THURSDAY, DECEMBER 10, 1908. ■pTCTriT?. 10 Atlanta—TWO CENTS. * TvJLLlEj. on Tralna-FIVE CENTS. [ LEADERS OF DEMOCRACY PLAN CAMPAIGN FOR 1912 Meeting In Washington To Perpetuate League of Dem ocratic Clubs—“Get Together, Bury All Differ ences," Is Slogan. 1HT YEAR SUCCEEDS GENERAL GRANT Report of Settlement Out of Court Denied by Attorneys. Will the divorce suit offset the dam age suit or will the damage suit beat thft divorce su|t; will the defeat of one mean the winning of the other; will the eases be settled out of court or will they drag on thru many months? These are some of the questions most everybody is asking following the re- ernt developments In the Speer-Thomas affair. It was’ reported Thursday that a settlement out of court would be brought about In a short time, but law yers on both sides disclaimed any knowledge of such an effort toward that end. That the Thomaa side gained a point in filing Its suit first and having It placed on the docket ahead of the di vorce suit is the opinion of attorneys. They argue that should the divorce suit be finished first and a verdict for an nulment secured, It would leave the damage suit greatly weakened, to say the least. May Wait for a Year. In the ordinary course, of procedure it will be a long time, perhaps twelve to fifteen months, before the Speer- Thomas suits, recently filed, can be terminated in the courts. The suit of Russell J. Thomas against Mr. and Mrs. W. A. Speer, for alienation of the wife’s affection is No. 18172 on the docket of the superior court and filed for the January, 1909, term. The divorce suit ..f Mrs. Silvey Speer Thomas against Russell Thomas la No. 18175 on the same docket. If both suits are defended, the dam age suit will be reached and tried first which will be not sooner than twelve <>r fifteen months, according to the. statement of Deputy- Clerk Jeffries Thursdajyngrnlng. Even In that case ih* dlvWWPfcult Will-be five‘months later than .the damage suit, on account •f two verdicts having to be rendered In the former, between which two terms of court must Intervene. If the divorce suit Is not defended It may be taken up as early as July next year, but the final verdict would -not be reached before January, 1910. Damage Suit First, it will be seen thnt the damage suit will reached and tried first. It Is the opin ion of u numtier of lawyers who have been "onaulted that If a plea thnt the marriage "*» procured by duress could be encceeeful ir proved, this would then be a complete defense to the damage suit. There Is still n doubt In the minds of some of the attor neys whether the validity of the marriage ""»!d be attacked In this way In a collator- »l proceeding, there, of course, being nc doubt that If the divorce suit was tried first, and decree granted, this decree would be n defense to the suit. There was a rumor* Thursday morning, which gained considerable currency, that flu- cases hud lH*en settled, but this rumor 'Viis denied by Reuben Arnold and Luther nf counsel for the 8t»eers. and T. n. Felder, of counsel for Mr. Thomas. Each ••id the litigation would bo fought to the Child Wife Decree May Be Set Aside in View of New Evidence A petition Is being prepared by George Westmoreland for Mrs. Janie Bales, to set aside the decree rendered Tuesday In the superior court, an nulling the marriage of her 12-year-old daughter, Mertle, to Samuel Friedman, figed 18. and will be filed Thursday afternoon or Friday morning. The pe tition is being prepared at the Instance "f Judge W. I). Ellis, w-ho thinks that the facts in the case should be re viewed. It has been alleged to him that Mrs. Bales was persuaded to have the marriage annulled by D. Friedman, 'flther of Samuel Friedman, and that employed the attorney In the case, h Is also alleged that Samuel Fried- yum, nfter living with his child wife a r *w months, sent her home penniless GOVERNOR HOKE SMITH. WASHINGTON, Dec. 10.—A meeting was held last evening at the Raleigh Hotel of the executive committee of the National Democratic League of Clubs. Besides members of clubs, party lead ers were present, among them being Senator Newlands, of Nevada; Qov emor Hoke Smith, of Georgia; General Floyd King, of Louisiana; Representa tive William Sulzer, of New York; Colo nel William C. Liller, chairman of the league, and about fifty others. The meeting was for the purpose of conferring with representatives or Democratic clubs throughout the country and prominent party leaders to perpetuate the clubs formed during the recent national campaign. Means were discussed to bring about Democratic success In the congression al election two years hence and in the national campaign of 1912. The key note of the meeting was “Get together; bury all differences.” It Is planned In the near future to obtain a large building In this city, to be used as the permanent quarters or the league. . 4 „ The league will give a banquet here either on Jackson Day or Jefferson Day, and expects 200 distinguished Democrats to be present. I TRUST GovernmentWill Con serve Valuable Phos phate Lands. WASHINGTON, D,c. 10.—An order designed by President Roosevelt to check the operations of an International truet, which seeks to control the fer tilizer supply of Amerlra, will. It Is re ported, on good authority, be laeued within a fewr days. ' It will withdraw from entry all lande bearftig deposite of phosphatee, which are Included within the public domain. It appears that there la a considerable area of these lande, and they have re cently been aurveyed an;l segregated with much care by geological survey authorities acting under directions of the department of the Interior. , Rack of this action, on which the president has decided. Is a remarkable story of the first definite executive act looking to the conservation of natural resources In this country. Phosphate deposits represent the basis of the whole business of fertilizing. Phosphates are absolutely necessary for the restoration of fertility to worn out soil*. The United Slates possesses considerable uuantltles. but an alarm ing amount Is being annually exported, phase. Ill CRUDE OIL Kellogg Again Scores Heavily in Standard Hearing. “Drunks” Fall Off 62 Per Cent and Suffer ing Diminishes. NEW YORK. OSe. 10.—Croee-exam- liilng Professor Joseph French John son, dean of the School of Commerce of the New York University, at the Stand ard Oil investigation today, Frank B, Kellogg, the government -trust-buster," made a big hole In the testimony given by this witness lor the defense, by which Its attorneys tried to justify the huge profits made by the trust. Between 1890 and 1907 the advance In prices of 268 commodities amounted to SO 88 per cent. Mr. Kellogg de veloped thet In the year 1895 the Stand ard Oil Company had manufactured 40 772.168 barrel* of crude oil at a net profit Of $24,078,078.50, or a.little lees than 60 centa a barrel, and that In 1908 ,the truat had manufactured 84,06*1201 barrels of crude oil. making a net profit of 182,122,251.76, or a net profit of I1.J0 a barrel. Kellogg asked Professor Johnson whether he thought, considering the fact that the rlee In the price* of gen eral commodltle* amounted to only 30.88 per cent, a profit of over 100 per cent wm Justified. The witness said that he had never inquired Into this MARCH OF WHITE PLAGUE SHOWN IN MAP OF CITY Anti-Tuberculosis Society Has Record of Every House Where Disease Claimed a Victim In Past Five Years. Determined to wage en effective and Intelligent crusade against tuberculo- sis In Atlanta. Dr. Claude A. Smith, city bacteriologist. Dr. J. P. Kennedy, health offleer. and Secretary Thornton. nt the city board of health, have pre pared a map of Atlanta, showing the location of every house In Atlanta where there has been a death from tuberculosis within the years. This map will he furnished the At lanta Society for the berculosls. to he an aid to this society In Its work. The crusade will be begun within the next few weeks, and will he. “nd has not'contrfbutedToher support I for the most part, a campaign of edu s{ nee. (cation. The petition will ask that the decree Already. Dr. Smith *ny*. Gwr® ho* set nslde on the ground that Mrs. I an appreciable decline In the num- Rales didn’t properly understand the j, er ,,f cases of tub#rcuIo»I* jn i»b chj “gal effect of the petition to annul. All •n* iiartles interested will be cited by -iiHlge Kills to show cause Saturday w *>y the decree of annulment should not he net aside. Mrs. Bales and her attorney were before Judge Ellis ‘hunulay morning. Divorced and Married Again Within Two Hours result „ — the Increasing Intereel shown by the people In the -great while plague- and the education they have gained on this subject. Plague’* Heavy Toll. The map shows that there have been 1.225 deaths from tuberculosis within the last five years, an average of 226 each year. At present there are about 300 cases of tuberculosis In Atlanta, which Is considered small In compari son to the number In the past. The map show* that altho the ne groes comprise only about 40 per cent of the population, about 80 per rent of the houses where deaths from tubercu losis have occurred were houses ten anted by negroes. At present about 80 per cent of the tuberculosis cases are negroes. In some negro sections there are al most solid blocks of houses where there hove been deaths from tuberculosis within i he past five years. •There Is no reason,” say* Dr. Smith, •■Vfhy there should be any great amount of tuberculosis in this city. "If the people are educated up to the causes leading to tuberculoids and the means of prevention and of cure, tu- bereulc*!* could quickly be stamped out. Kducation Is the great essential." Decrease In number or police cases to date, 7,206, or 39 per cent. Decrease In number of "drunks" to date, 3,672, hr 62 per chtit. With only the fragment of a month remaining, the city of Atlanta has ex perlenced Its first year of prohibition under the new etate law and the fore going ehowe the result so far as the police are concerned. With the remarkable showing made by these figures, both Recorder Broyles and Police Chief Jennings, who have closely watched the situation through out the year, declare prohibition Is a success, and say It has wrought won derful good to Atlanta. The figures given show the year’s record thru Wed nesday and this record will be but little changed by the remaining weeks of 1908. The total number of cases made by the police during the year, up to Thurs day, If 11,632. For the same period last year the total number of cases Ava* 18 927. The total number of cases of drunk enness for this year, which Is perhaps the most Interesting Item, le 2,211, as against 6,783 such cases In 1907. Recorder 8ays “Success.” Recorder Broyles. In speaking of the effect of prohibition, said: 'I consider the police record for the year wonderful and I am thoroughly convinced that prohibition le a success. There has been a remarkable decrease In the number of rases In police court and In common disorder*. From what I have learned, it seems that prohlbl tton has had no material effect on the more serious Crimea, such as murders and other felonies, but there Is no doubt that It ha* greatly lessened such of fense* as wlfe-beatlng, stabbing* and common brawle, such as are superin duced by liquor. I am very much grati fied over the first year’s showing of prohibition and think we should give It a fair trial." Chief Jennings said: "Good Thins” 8*ys Chief. "The big decrease In the .number of caeca and of disorder generally shows that prohibition Is a good thing and Is proving successful in Atlanta. Of courts there are a' lot of 'blind tiger*’ and they are giving ue considerable trouble, but we are making It hot for them whenever they ehow their heads and have bagged a large number during the year. The ‘tigers' generally are pretty smooth and It Is hard to get the evi dence against them. And then, toe, it le a difficult matter to get a convic tion In the state courts. •There I* one feature of the good of prohibition that I have noticed and that le the decrease In the number of cases of destitution. There have been a very few reports of such cases during the present year. In the matter of crime, serious offenses, however, there IS UPHELD BY T Dealers Lose Suit, But Will Ask For a Rehearing. GENERAL LEONARD WOOD. General Wood, who had a meteoric career in the United States army, which he entered just prior to the 8panish-American war, is now in com mand of the department of the east, with headquarters at Governor'* Island, which command he has juet assumed after long and arduous serv ice in the Philippine Islands. General Grant, upon being relieved of his command, was transferred to the department of the lakes, with head quarters near Chicago, Was Charged With Murder of Dr. Fred Rustin. Both Recorder Broyles and Chief Jennings expressed the opinion that the near-beer bualnees her proven an ob stacle to prohibition, but say they will now be better able to cope with this feature because of the ruling of the court of appeals, to the effect that any beverage containing as much as 4 per cent of alcohol shall be considered In toxicating. Bravery of Trainman Saves $20,000 in Gold FromThieves. For the Empty Stocking | ■!' I 1I I I M I 11 11 'H H-H lot <if unfortunate little children whom Santa tinus has not been In the habit rr fremj^^V-rSanm'ciail.Tnbly^rne? |jbf giving thing* to-boy* and girls Ituxiw iMillllps renter a think for some poor little tot that T whose parent* are too poor to have In- , , Jlnrtln. ehv bad SIK ! * has not any mother w father, t _ _ ' 'll it welted .nitride the ...mi bouse till 4. lie sure to tell Sonin to bus some- T ditnre. deeree wit., knotted. I A thing they like with my dime. ; — I.J, y„, jr little friend. T MKRRYMAX CROSS. who 7HJRK3 EVERY TOW'.: HEEDS A PAPER U23 THE OEOBOIAS T . Star sootctlnee take* Dee. with 5* Oeerjtsa, bet 4«lm to tin " Allan*, paper r»dlt tor Its wllUnjr. JJ 1 ; ° l~*d « for tern heps In tbe raeae .L Every cl't and eowrt. Hrit or ,?•“• net,, a rew-p-per tba* 1r wllllnx 'J.JTrane tst, roerae, and tbe town or y that lf'kr * now-proer abotild ►. atone to reetro one.- Anrlrtoo. Ala., 76 uak-st. v boys spirit they » Just what we It Is this: llucnce with the old fellow, have no porents at all. And If the little boys and girls who are sure Santa Is going to visit them this year trill only send to The Geor gian a last year's doff, or drum, or toy irt, or n dime, wo will see that out some little tot that irtunate. Already the letters have begun to ant to belli them do. J come in, I ke the one that Is printed ; herewith, but a lot more arp needed That's the sort of spirit the girls nnd « of any sort or iys' of Atlanta foil and - .or, of ! * when they learn. To help make Christmas happy for a£tu ,do much good. SPOKANE, Wash., Dec. 10— An east- bound passenger train on the Qreal Northern was held up early today by three masked men. who secured rich booty In the mall car. but were foiled In their attempt to get *20,000 In actual cash which was being carried In the baggage car by the presence of mind of Fireman W. Perrin. The hold-up took plnce between one and two miles east of the village of Hlllyard and only the presence of mind of the fireman saved the specie, which was being conveyed from a Spokane to a Montana bank. In the darkness Per rin, after he and tho engineer had been driven from the cab with pistol*, crawled over the tender and uncoupled the baggage car and whirled away down the track with the car and engine. The bandits did not enter the car until It was too bite to fire upon the Intrepid firemen. Riders Spilled In Big Race NEW YORK, Dec. 10c—The score In the bicycle race at 3 o’clock, the eighty- seventh hour, was 1.6*8 miles and five lap*, with three teams tied there. Wei- thour I* still a lap behind. The former record for this hour was 1,693 miles.. Four riders were spilled In an at tempt to avoid a mtx-up. Their wheels were smashed, but they resumed In two uilnutt*. OMAHA, Dee. 10.—Charles Kd ward Davis was this morning acquitted of .the charge of murdering Dr. Fred Rus tin, after an all-night ssaslon of the Jury. During the trial an attempt was made to show that there was a suicide pact between Dr. Rustin and a woman nurse. He wss found dead In the hall of his home. , Dsvls, the ststs alleged, shot Dr. Rustin at the physician's own request, sfter the litter bed entered Into e suicidal pact with Mrs. Abble Bice. The woman testified a lie and Ruatln had agreed to poison or shoot «ch other, hut her nerve felled. Tbe pro*, eeatlon tried to show Dr. Rustin had hired No Verdict Yet In Ruef Trial SAN FRANCI800. Dec.Tb.'—TheJ$/ In the case of Abraham Ruef, charged with bribery, Is etUI unable to agree. The Jury went out yesterday afternoon, tiul'dld not ’deliberate very late last night. This Is the third trial of Ruef. He appeared almost a nervous wreck dur ing the trial. MR,CALDWELL SAYS RE DID NOT SIGN AD The supreme court of Georgia Thurs day afternoon handed down a decision affirming that of Judge Ellis In the su perior court and denying the Injunction of near-beer dealer* against the state near-beer tax law. Two Justices, At kinson and Holden, dissented from the opinion, and Colonel Walter R. Brown, of counsel for the petitioner*, gave no tice he would make a motion for a re hearing before the supreme court. The case was that of E. H. Carroll and others, Including 116 dealers In near-beer, who sought to enjoin the state from enforcing the tax on near- beers. They held that the tax of 8200 a year should be pro rated; that the pay ment of the fee should secure u full year's license. Instead of merely frooi date of Issue to December 31. They held that the tax should go to the school fund Instead of the penitentiary fund and that the tax was unconstitu tional for these and other reasons. The supreme court, two Justices dis senting upheld Judge Kills' decision denying the Injunction. The petitioners were represented by Colonel Walter R. Brown, R. B. Blackburn and J. D. Kilpatrick. Brooding Over Hus band’s Defeat, Cuts Throat With Razor. In The Georgian of yesterday ap peared a story concerning an advertise ment published In The Constitution of Wednesday, which In effect warned the public that Mr. and Mrs. J. W. Cald well. of Havannah, would not- be re sponsible for any debts contracted by the daughter of Mr. Caldwell, who la at present In Atlanta. Mr. Caldwell came to Atlanta last night, and made this statement: To the Public; The advertisement which appeared In The Constitution of Wednesday, warning the public that I would not be responsible for debts contracted by my Davie to shoot him. Dr. Itnetln wee shot daughter, Miss Eleanor Caldwell, was and hilled on September 2. Davie' defense (not authorised by me. was ea HIM. 1 J. W.'CALDWELL. WHEELING, W. V*., Dec. 10—Cotn- muters In a crowded passenger coach on the Ohio river division of the Bal timore and Ohio, were shocked yester day afternoon when a woman passen ger, Mr*. Margaret Mergllaty, after ut tering a cry as If In mental anguish, pulled n rexor from a hand bag and slashed her throat. They were unable to Interfere. With a gasp the woman fell over In her seat and bled to death In five minutes. GOY. GLENN POOH-POOHS BREAKING OF SOLID SOUTH Says Individually Southern States Are More Prosper ous Than Any Other Section and No Reason Exists . For Changing Its Politics. WASHINGTON. Dee. 10—"When my aucceaaor la Inaugurated I shall retire frem politic*.” said Governor R. B. Glenn, of North Carolina, at the Bb- bttt House. "The Job of chief execu tive of North Carolina has been a strenuous one. and 1 want to tako a rest. My friend* have urged me to run for United 8tates senator, but I have declined and Senator Overman will be renominated without opposition.” Governor Olenn will devote his time after his retirement to lecturing at Chautauqua* and lyceuma, but will re tain no Interest In politics. "It's all tommy-rot about the Repub licans making gain* In the South.” said the governor. "While It la true that my majority was about 16,000 more than that given Governor-elect Kltchln. the Democratic vote was larger by nearly 18,000 than It ever ha* been. The Republicans polled a bigger vote, of course, which showed that greater Interest was taken In the last campaign than In any past election. Why should the Southern states change their poll- I ties? I "Individually, the states of the South are more prosperous than the Republi can stales of the North. There never was a time when the South waa more prosperous. If, therefore, we are pro gressing. why. I repeat, should we change our politics?" "Because Mr. Bryan was defeated I* no reason for a change of mind on my part regarding him. X consider him one of the greatest Americana that ever lived and history will |>rove It. I alsr admire President Roosevelt. HI* ad ministration has been of the greatest benefit to the country. "Perhaps the two features of Ills a,l- rredlt more than others are the calling Is there Anythin* you could nit s Went Ad for todiy? Both Phouts 8000. Georgian Want Ad* sure fill the wants of all that advertise. 1 have tried them and have been surprised at the number of re plies gotten from my small ads. I advise you to try them. TOO LATE FOR CLASSIFICATION. BUSINESS OPPORTUNITIES. liKillt'K rtntH li licidrlt. *r*rlnii In Aflnntn; my iwrttic I Itih Inf’Tt**i», owing li» li fin Partner, Box 236, care Tit SITUATIONS WANTED—MALg. 'AM’KIi- IWlhm l*y flmt Him* Kilrwin eight JfMini' I'XIHM it’lirt* ! •|\ AillIrPM Y. r.e Ro» U fitrglan. GOVERNOR R. B. GLENN. of conservation of our natural resource* ami hlH effort to bring about a notation of rallroml problemi. I do not believe (hat Uecrttj s* rnlnfutration that will redound to hfn uUe In the Inaugural «eremonle* an< BOARDERS WANTED. LOST AND POUND tea.909 UKWAttli for **.*! it ml 1**1) brown, whit* wldti* nnd timwu tlrtw nllroail problem*. I do not believe unw. »'»n t becuu*<- a man differ* from me In MW fh» (*• :lc* he should not have my MUpport.- MilMIng, *'n Bike »he Ire four year* ago when 11 Af g'SHLS*2 North Carolina troop* to imrtlct- |Sn P J* ,ww together of the govern on la the lnterc»(|«1sf." have advised my rucc like-1