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THE WEATHER Forecast: Fair tonight and to morrow. Temperatures: Ba. m., 65 degrees: 10 a. m., 69 degrees; 12 noon, 73 degrees; 2 p. m., 71 de grees. VOL. X. NO. 269. G. 11. & P. CO. NOT TRUST, SO COURT RULES Louis B. Magid Loses Suit to Nullify Power Merger’s Lease of G. R. and E. CASE IS TO BE TAKEN TO HIGHEST TRIBUNAL Definition of What Constitutes Illegal Combine Sought to Test 1909 Act. L'>uis B. Magid, stockholder in the G-"’gia Railway and Electric Com p. •)>. lost the first round of his legal battle with the water power merger to il,a le ii Judge Pendleton in the third d.sj.-ion of the superior court declared in newly organized Georgia Railway and Power Company was not a "trust.” T|? jurist asserted in dismissing Miigid's suit on demurrer, that Magid had not opposed the merger with suf ficient ardor to justify enjoining the leasing of the Georgia Railway and El .-trie Company. Judge Pendleton's action was based upon two grounds. He held that Ma gni. who had sought to nullify the lease contract by which the stock of th" Georgia Railway and Electric Com pan' passed under control of the mer ger had failed to establish a case be caiise he did not attend the stockhold ers' meeting and oppose the tease. To Go To Highest Court For Definition. Tiie court held that by no eonstruc im; of the old trust company of Geor gia decision could the newly organ ic ,1 Georgia Railway and Power Com pany lie called a "trust.'' Witkins * I.a timer. Westmoreland Rios and Spencer Atkinson, acting for Magid. gave notice at once that the CHS. V oulil he taken to the supreme court and a review of the old trust i ompany decision would be taken. This moans a new definition of what con stitutes a "trust" under Georgia stat utes 11 ■li ca i ion s arc that conservation lot . agcr to sav>' Tallulah Falls, will .<ij in the prosecution of the Magid ,-uit in the supreme court, now that the itat" officials have refused to bring suit to ..list the Georgia Railway and Pow’.-c t'ompant from holdings on the Tallulah river. To Test 1909 Act For First Time. Intimation was given today that the upped in the high court would be based on the constitutionality of the i, : of 191)9 allowing corporations to in, rge This act. according to informa tion. has never been tested and the Magid contention is that the leasing of J'.. Railway and Electric Com pany b\ the water power merger was , omplished under it. The power company, however, declares the mergei was accomplished under general alat- , utes. The Magid suit to nullify the con ■rot leasing the Atlanta tractions and enjoining the disposal of the stock of •he co in pH i) y to the water power mei - I was filed several months ago, to geth," With a damage suit in United Seifs district court asking for $2,180,- in tines under the Sherman anti trust law. 'l'h* suit in Federal court never has been argued. ROAD BUILDERS TO GET EXPERT ADVICE ON HIGHWAY WORK XTHENS. GA.. June 10. —The Geor gia Federation of Road Authorities will .I in Athens on June 24 and 2c. There will be approximately 300 coun ty oltlcers who have charge of roads Clarke county commissioners, . department of roads at the Univer ,.f Georgia, the Chamber of Com . and the mayor and council will ial,,. special efforts to entertain the , ; it .c s The speakers announced are |S follows- lereph F. Gray, state railroad eom .„'...;„nfr. Judge T. E. Patterson, state , ~,n commissioner; A. B. Blackshear. , ntative from Richmond county; <' \\ Met'allie. State geologist; Chan- David c. Harrow, Professor , '!|.|rb .- M. Strahan and Professor John , K.ieh, University of Georgia. Dr. K. Matheson and Professor I. P. l'p „ich. Georgia School of Teehnolo . I Han. ell Merrill. Thomasville, and r , .csentative from the Federal bu reau of roads. The Atlanta Georgian Read For Profit —GEORGIAN WANT ADS—Use For Results MRS. ROBERTS’ ARRAIGNMENT OF MOTHERHOOD SHIRKERS The woman who prefers petting dogs to coddling a little baby to sleep is like a snake. The modern woman is a stranger to the cry of a baby. The, wife who shirks motherhood is the agent of the devil. Atlanta has some, of these snake-women. They would rather bathe and caress a dog. play bridge, drink wine, or dance all night than to care for a little creature of their own flesh and blood. God didn't make such women.—Mrs. Sarah Laßoehe Roberts, of Wesley Memorial church, a volunteer worker in the Georgia Children’s Home society. WIVES mo SOON BABIES LIKENED TO SERPENTS Mrs. Sarah Laßoche Roberts Calls Women Avoiding Moth hood Dangerous. Women who prefer poodle dogs to babies and don't know “baby talk" are compared to snakes and other creeping things in a stinging letter sent by Mrs. Sarah Laßoche Roberts, a prominent Sunday school worker of Wesley Me morial church, to Robert B. McCord, of the Georgia Children’s Home society. “Baby talk," said Mrs. Roberts, "I am grieved to say. Js a foreign lan guage to some women—l should say creatures, who wear petticoats. God didn't make that kind. They are like the bugs and snakes and creeping things that make life disagreeable. I don't know where they come from and, like the snakes and bugs and other creeping things, I believe their influ ence is pernicious, if not really dan gerous.” Mrs. Roberts, acting for the Georgia Home society, returned from Crawford ville Saturday, where she had taken an orphan child and given it to a new mother and father. In describing her trip to Mr. McCord, she scored roundly the modern woman who had become a stranger to the baby’s cry. Some in Atlanta, She Says. "Those kind of women- -and they ex ist in Atlanta,” continued the letter, “want poodle dogs they can kiss and bathe. They want poodle dogs, want to play whist for prizes al) day. drink wine and dance ail night; but the idea of loving a baby to sleep sends them into nervous prostration. "What! Lose their fine figures and peach bloom complexions; sit up at nights perhaps with a sick baby? No, indeed. "By the most abominable machina tions of the devil these creatures who call themselves women shirk responsi bility of motherhood. "In my work for this association T have found it almost impossible even to gain an audience with one of these pampered darlings to try at least to en list the aid of her squandered wealth to help find homes for the poor little orphans.” In addition to the baby placed at Crawfordville by Mrs. Roberts, six more little tots who want homes are in the custody of the society. In ease any one should want a nice, bouncing boy or girl, he can get it by showing the proper credentials to the society. Furthermore, there are enough varieties on hand just now to allow him a choice of a blond or a bru nette. The ages of the waifs range from four months to fourteen years. THOMASTON BUILDING TANK TO HOLD 100.000 GALLONS THOMASTON, GA., June 10—On the old city jail cite, just off the pub lic square, the city of Thomaston is now erecting a steel water tank. 100 feet high, with a capacity of 100.000 gal lons. The tank Is being erected by the R. D. Cole Company, of Newnan. The sewer system of this city is complete, and the waterworks system should be finished in the next 60 days. The city voted $45,000 bonds for these improve ments. REV. GEORGeThOUGH DIES AT HOME HERE, AGED 75 Rev. George A. Hough, 75 years old, died at his home, 48 Evans street, early today. He has been a resident of At lanta nearly three years, having come here after giving up ministerial work in south Georgia because of ill health. He is survived by two daughters and three sons —Mrs. J. F. Rhodes, Miss Kate Hough and Edwin, Fred and Ar thur Hough. Funeral arrangements have not been made. ANGLIN TO BE TRIED AT MACON NEXT FRIDAY MACON. GA., June 10. John T. An glin, of Atlanta, who demanded an im mediate trial on ills four indictments for assault and battery on W. R. Jes ter. of Atlanta, will be tried next Fri day. His eases have been transferred from the superior to the city court, so as to give him an early hearing. BICHEST WIDOW’S MARRIAGE NOW POSTPONED Mrs. Whitehead’s Illness Cause of Postponement of Marriage to Carlyle Boyd. News of the postponement of the marriage of Mrs. Joseph B. Whitehead, of Atlanta, to Carlyle Boyd, of New York, has greatly interested Atlanta friends of Mrs. Whitehead, reputed the wealthiest young widow in Atlanta. Her marriage to Mr. Boyd, the man ager of a large New’ York brokerage company, was to have taken place this month, but it is said that Mrs. White head's illness has caused a postpone ment and the date has not been fixed. Mrs. Whitehead met Mr. Boyd last year in Washington at the home of Mr. and Mrs. John Hays Hammond. She returned to Atlanta and a short time later suffered severely from an attack of tonsilit'is, the second within a few months. A short time ago she went to Clifton Springs, N. Y., a quiet resort, in company with Miss Isma Dooly, an At lanta friend. Letters to friends recently Indicated J hat she was leaving Clifton Springs, presumably for Hot Springs. Va., where she has spent most of her summers for several years. NORTH POLE ON WAY TO ATLANTA? THEORY RESISTED BY BROYLES is Atlanta getting nearer the north pole? Professor J. Walker, an educator from Griffin, Ga., thinks we are, and lie is satisfied this approach to the "top of the world" is responsible for the present extraordinary cold snap. His advocacy of this remarkable theory brought on a lively debate today be tween the professor and Recorder Broyles at the close of police court, the Griffin educator having called as an interesting spectator of the proceed ings. Judge Broyles is a close student of astronomy, atmospheric conditions, and other scientific novelties, and he promptly took issue with Professor Walker. "The only way I know In which we could get nearer the north pole is to take a trip on railroads and boats,” argued the recorder. “I would like to know how one spot on the globe is going to crawl up nearer the north pole?" ATLANTAN STRICKEN BY DEATH ON WAY TO FUNERAL OF SISTER On the way to the funeral of his daughter in Jacksonville. Wil! Cordon, thought to be an Atlanta man, was stricken by death in West Point. This is the theory of the police, who are trying to establish the identity of the man. at the request of Mayor Johnson, of West Point. In Cordon’s pocket was found a tele gram. which read: "Will Cordon: Come at once. Jean ette dead Lena Cordon." This telegram was the only clew to identification on the body. APPRAISERS NAMED FOR GEORGIA FOREST RESERVE Three appraisers to assess the value of a 32.000-acre tract of land in north Georgia, being condemned by the United States government for use as a forestry reserve, were appointed by Judge W. T. Newman today. The men are Patrick Haralson, J. R. Kinkead and William Butt. Mr. Haralson is of Blairsville, and the other two from Blue Ridge. A report will be made by them within the next three weeks, which will be presented to the Fderal district court July 1. COLUMBUS BOOSTERS ELECT. COLUMBUS GA.. Juno 10,—The Co. lumbus Booster club, at its annual meeting, elected Frank M. Sommci katnp, tax receiver of Muscogee county, president, and W. Cary Thornton, a well known traveling man. vice presi dent. The secretary will be elected later. The club now has a membership of more titan 500. i-ompo-ed principally of the younger business men of the citj ATLANTA, GA., MONDAY, JUNE 10, 1912. REBEL CHIEF SLAIN; END OF REVOLT IN SIGHT Leader of Cuban Blacks Falls in Battle, and His Uprising Is Crushed. U.S. MARINES ARE FIRED ON AT NIGHT: REPULSE ATTACK Two Warships Rushed to Ha vana to Restore Order Fol lowing Race Riots. HAVANA, June 10.—Government of-, ficials announced this afternoon that they had received advices stating that General Estonez, the rebel leader, had been killed in battle with the govern ment troops, and that his revolt bad been crushed. SANTIAGO. CUBA. June 10.—Com pany A of the United States marine , guarding property at the Guero mines, was attacked by rebels in the darkness early today. More than 100 shots were fired before the negro insurgents were driven off. There were no casualties. The marines were in command of Cap tain Mainwaring. These were the first shots fired against lhe United States marines since the men have been land ed from warships for the protection of property. Rebels attacked a plantation at Man tillo last night and burned several tons of sugar cane. They were attacked by armed volunteers and driven away. Several volunteers were wounded. Ha tillo l.« 25 miles from ttys city. General Mario Menoeal. one of the foremost leaders of the Veterans asso ciation. and four other Cuban generals today volunteered to raise two thou sand men and offered their services to General Monteagudo, government com mander at the front. Monteagudo sent a reply declining the offer, and later dispatched another, saying that he might accept later. Rain Restores Quiet, Checks Havana Riot HAVANA. June 10. —A renewal of the uprising of whites against negroes was averted by an all-day deluge of rain, which restored peaceful conditions in Havana yesterday. The streets of the capital were deserted last night, save for patrols of mounted rurales. regular infantry, the police, and home guards. There was not the least indication of disorder. The riot of Saturday night, while ex tending to all parts of the city and causing general excitement and alarm, resulted in few casualties. One white onlooker was mortally wounded, and several negroes were Injured. The dis turbance lasted only a short time, but was consideerd serious, as indicative of the bitter animosity of whites toward the negroes which has been largely fo mented by reports of assaults upon white women. Orders at Savannah For Duty in Cuba SAVANNAH, GA.. June 10.—The quartermaster sergeant at Fort Scre ven lias been ordered by the war de partment to hold himself in readiness for duty at Savannah. Captain H. D. Dalton, on duty at Fort Screven as instructing quarter master, has received orders to hold him self in readiness to go aboard the trans port McClellan for duty in Cuba. This vessel will probably come to Savannah and take soldiers aboard. U. S. Warships Reach Havana i HAVANA. June 10.—The United States battleship Rhode Island and the armored cruiser Washington arrived here at 12:45 o’clock this afternoon from Key West. As they entered the harbor, reports were circulated throughout the city that. President Gomez had decided to resign if the American war vessels were not withdrawn from this port im mediately. WEST PEACHTREE CORNER SOLD FOR S4OO PER FOOT M. Roan has sold tile southwest corner lot at West Peachtree street and porter place to B. M. Yow for S4OO a front foot. The lot has a frontage of 73 feet, making the total price paid for it $29,200. A building will be erected on the site within the next few months. W ill Keep G.O.P. S team Roller Going ROOT IS TO BE CHAIRMAN 4a. I WJ ’■ itA ■ o f a //■ ;oSR'-\\ Senator Elihu Root, of New York, the man elected by the Taft majority in the Repuhlican national committee as temporary chairman of the G. 0. I’. convention, and in al) probability will preside also as permanent chairman. AUG. 28 PUNNEDj IS PRIMf DATE Convention to Nominate State Officials Probably Will Be Held September 3. W. C. Wright, chairman of the state Democratic executive committee, will call the committee together shortly— on or about Juno 22 -for the purpose of arranging for the forthcoming pri mary. He was unable to say definitely today when the primary will be called, but he gives it as his opinion that it will be set for August 20, and the convention for September 3. The fixing of these dates is, of course, a matter to be de cided finally by the entire committee. The regular state election is fixed by law’ for October 2. The primary will be called for the nomination of governor, and all stale house officers, which includes memh' s of the legislature. What Sort of Primary? The question of when the primary shall be held apparently -is of vastly loss Interest to candidates than the question of what sort of primary it shall be—popular plurality or county unit? The present executive committer called the late presidential primary un der the popular plurality plan, and there are those who believe It will call the August state primary under the same plan, notwithstanding that prob able plan’s unpopularity throughout the state, and particularly among the smaller and more rural counties. There are others who believe the committee will call a county unit pri mary for all officers, save the superior court judges and solicitors that they will be named in popular plurality pri maries, inside their respective districts. However, the majority opinion un doubtedly seems to be that the com mittee will tall a county unit primary all along the line, and let It go at that. The Probable Line-up. With the primary a little more than two months away, It looks as if the gu bernatorial contest inevitably is to bo narrowed down to John M. Slaton, of Fulton, and Joe Hill Hall, of Bibb. There are “interesting rumors" abroad, to be sure, concerning the pros pective Candida' s- of this, til it and the other patriot, willing to assume tile burdens of stat' , if the bugle < all Io duty seems loud and convincing enough and so on WIRES PULLED TO FREET.EITSON Georgians in Washington Bring Pressure on Department of Justice to Drop Case. WASHINGTON, D. C. June 10 Great pressure will be brought to bear upon the department of justice and the postoffice department in an effort to have the gov eminent drop the charge pending against Thomas E. Watson, the Georgia editor, alleging improper use of the United States mails. Senator Bacon and Representatives Tribble, Howard and Roddenbery, of Georgia, have interested themselves in Watson’s behalf and at Watson’s request have sought to prevail upon Postmaster General Hitchcock and Attorney General Wickersham to discontinue the criminal proceedings. It is understood the efforts of Watson have been, so far, entirely unsuccessful, as district Attorney Alexander Akerman, of Macon, Ga., is reported to he opposed to any discontinuance of the government's activitj in the matter. Unless Akerman consents to the cases being dropped, it is highly improbable that ihey will be. Wasson has been bound over to the Federal grand jury under a bond of SSOO. and if indicted, will he tried next March or April before Judge Emory Speer. RADISH OF 4 POUNDS GROWN NEAR HERE; FROM U. S. SEED, TOO When Congressfrnan William Schley Howard sent J. W. Fields, of Faith Crossing, Fulton county, Georgia, U. S. A., a free package of government gar den seed he had no doubt they would be treasured in a rubbish pile near a back yard fence or placed for safe keeping in a. garbage can. But that's not what J. W. Fields, of Faith Cross ing. Fulton county, Georgia, did with them, and today he has some of the largest vegetables ever raised in Geor gia. There is a great, red radish exactly four pounds large and extending six teen inches in one direction. Counting the top, it is almost as large as a small child, and of somewhat the same shape. Mr. Fields also says he has raised a bean tfto feet long. Incidentally Mr. Fields is not a fisherman, but just a plain farmer, with a reputation for ve rai it>' HOHL EDITION PRICE TWO CENTS I.R.SGORES AT LAST IN FIGHTON BOSSES California Roosevelt Delegates All Seated Except Two, Still Undecided. “HOOSIERS” UP TODAY BEFORE STEAM ROLLER Notables Aligned With Each Side-Fraud Charges Basis of the Colonel's Fight. CHICAGO, June 10.—Indiana dele gates at large were seated for Taft by the national committee. CHICAGO, June 10.—The threat oj the Taft people to acquire the entire California delegation was sidetracked today when, in a squabble over ths question whether the contest in the Fourth district should be heard, a mo tion by Senator Borah seating all the delegates except those contested in the Fourth district was carried. The Fourth is the only California district in which a contest was filed. This contest was put over until Wed nesday. Committeeman Knight, of California, demanded when the committee met that this contest be taken up at once. The vote on this motion is the nearest approximation of a victory Ihe Roose velt forces have won in the commit tee. While it does not add any to the Colonel's string of delegates, it showed that in one instance the Roosevelt men had shaken the nerve of the steam roller engineers. The Fourth California district was taken up as the first case. Knight was in fighting spirit when he demanded the hearing. "The case of California is ready,” he said. "Is there any reason why thin should go over? 1 read in the morning paper that it was to be put over. There is only a little technicality in one dis trict. If there is anything undet neath, 1 don’t understand it.” * At this point Senator Crane and Har ry New expressed themselves in favor of taking up the contest. Heney Fights Efforts to Delay. Then Senator Borah's resolution pre venting hearing of any ease in Califor nia except the Fourth district contest was offered and parsed. It went through quietly, the steam roller in the corner, the tires tempo rarily drawn. Senator Dick arose to explain his side of the case. "Broad principles are Involved here." he said. “It involves a question ol! certain delegates being selected not ac cording to the call of this committee." Senator Dick, then sought to get a continuance because of the ’failure of certain papers to arrive. Francis J. Heney. who is here to argue the case, declared he was ready to agree as to what the papers contained. The pa pers were to show that the California primary law w-as not in accordance with the wishes of the Republican par ty in California. “I have the journals to show the law was passed unanimously,” declared Mr. Heney. Committee Shuts Off Heney, Outsider. “I ask you if you know of other del egates who have a better right to seats, or do you mean to disfranchise the 4'10.000 Republicans of my state'.’” Crane moved to put the case over until Wedn< sday. Heney again arose to his feet. "In view' of the newspaper reports that the plan is to throw out the 26 Roosevelt delegates of my state,” he shouted, “I want —" “out of order,” ruled the chair. "Outsiders can not speak here except by sufferance of this committee.” “He ean not come in here on rumors and newspaper talk," shouted Commit teeman Devine. “If there is objection, the gentleman will not be permitted to talk,” ruled the chair. "1 do not believe any one should b» permitted to insult this committee," said Devine. A roll call on letting the California cases go over was then taken, and by a vote of 38 to 13 it went over until Wednesday. t'eeil Lyon then moved to put all of the contested delegates on the tempo rary call. Ten prominent Hoosier gentlemen stood directly in the path of the steam roller today. Among them are former Senator Al bert J. Beveridge, former Congressman