Atlanta Georgian. (Atlanta, Ga.) 1912-1939, August 14, 1912, HOME, Image 1

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the weather - I z Forecast: Fair tonight and Thurs day- Temperatures; 8 a. m„ 70: 10 a. mm.. 81; 12 noon, 84: 2 p. m„ 86. VOL. XL NO. 9. J3.D80.800 HEIR BN TQASIOR WIDOW It's a Boy. and Will Bear the Name of His Dead Father. John Jacob Astor. MAY BRING CONTEST OF $150,000,000 WILL New Arrival and Mother Are in Excellent Health Parent Died on Titanic. NEW YORK, Aug. 14. A $3,000,000 baby was born at the Astor mansion. S4O T-'iftti avenue, today at 8:15-a. m. It is a boy and will bear the name of its father, John Jacob Astor, who went down with the Titanic in the greatest marine disaster of modern times The birth of the child was announced by Dr. Edwin B. Cragin in the follow ing statement: "A child was born to Mrs. John Ja cob Astor at 8:15 o’clock this morning. It is a boy and its name is John Jacob Astor. The mother is in good condi tion.” Dr. Cragln later announced that John Jacob Astor the fifth weighed 7 3-4 pounds. Ry the will of the late Colonel John Jacob Astor this posthumous heir was left .33.1100.000. There had been rumors circulated J if the posthumous heir were a boy n - ontc- ’ w ould be instituted by Colo nel Aster's widow, Mrs. Madeline Force A-lor. to secure greater wealth for her s- •n This matter will he determined Preparations for the arrival of the millionaire baby were made early yes terday afternoon when Mr. and Mrs. Force. parents o( Mrs. Astor. were summoned to the fifth avenue man sion. but the accouchement was delayed for many hours. Baby Is in Excellent Health. Dr. Cragin hjcs been in constant at tendance upon Mrs. Astor since the week before last. - In making official announcement of the birth Dr Cragin said that the baby, as well as Mrs. Astor, was in excellent condition. At the same time Dr Cragin said thpt he did not look for any complica tions. but that he expected the voting moth' and her baby to continue doing well. There had been considerable fear among the relatives of Mrs. Astor as Io the outcome of the accouchement be cause of her physical sufferings and mental stress resulting from the disas ter to tile Titanic, on which she was a passenger with her husband. Unusual interest from the social, financial and legal viewpoints attaches to the status of the new child. There Is a possibility that the birth of the boy ma> mean a legal contest for the re distribution of the 5C0,000,000 Astor es tate. Under the terms of the Astor will, the sum of $3,000,000 was set aside for each child born, other than the children, Vim-ent and Muriel, of whom Mrs. Ava Willing Astor was the moth er. The legal question involved is whether or not the language of this provision of the will is to be construed as a provision for the new heir—that Is to say. a specific provision. Lawyers differ as to the answer to the question. Wardrobe Worth More Than $2,000. The new baby had a stock of baby clothes ready for him that would de light a whole congress of mothers. The little wardrobe represented an outlay of more than $2,000 for the essentials alone and much of the embroidery on the dainty little garments was the handiwork of the young mother. Much of the flimsy, fluffy raiment «as imported from a Paris dealer, and the best experts in New York worked for months upon some of the dainty things in which baby Astor will cod'his winning way into the world of fashiofi and finance. The baby is the fifth of the name. John Jacob Astor, the first, was born in 1763, the second in 1 788. the third In 1822 Colonel John Jacob Astor, father of the present owner of the name. «a« the fourth to bear lhe name of the blunder of the family fortune. The Atlanta Georgian Read For Profit—GEORGIAN WANT ADS—Use For Results Sightless Newsdealer W ould See Through Eyes of Convicted Murderer AMAZING OPERATION PLANNED TO END BLINDNESS w - w mH# f ||k fl f J£ gp ” .fl • k w fl Ml STEEL SILL VETO OVERRIDDEN DI HOOSE • Measure Taken Up Almost Im mediately After Being Re ceived From President. WASHINGTON. Aug. 14.—The house this afternoon passed the steel bill over the president's veto by a vote of 173 to 83. WASHINGTON, Aug 14.—Unde terred by the action of the Democratic and insurgent Republican coalition in the house, which passed the wool bill over his veto yesterday. President Taft today sent a message to congress in which he vetoed the steel bill, passed by the house and senate, and sent to him for hl? signature. Earlier in the day there had been ru mors that the president was so bitter over the failure of “standpat” Repub licans to attend yesterday’s session and support his stand that he would allow the steel bill to become a law, and only the president’s message end ed these rumors.. The president based his veto of the steel bill--the metal schedule of the tariff—on the ground that it was framed “without consulting the reports of the tariff board, and provided only for revenue and not for the protection of American industries.” Explains His Objections. In a lengthy message the president enumerated his objections under the principle heads: First, he took exceptions to the act of congress in overlooking the publica tions of the tariff board, and chided the house for paying no attention to the findings of tiiis body. Second, he objected to the schedule because it provides a tariff for revenue only and not for protection. Third, because of its tremendous im mediate . ffect on millions of working men and their families and hundreds of millions of dollars worth of goods, without first providing for a careful and disinterested inquiry into the condi tions of the whole industry. In summing up his reason for with holding his approval of the measure, the. president said: Tariff Board Ignored. •From the outset of my administra tion 1 have advised a revision of the tariff based on a non-partisan study of tlie facts. I have provided the means for securing such information in the appointment of a tariff board. Their thorough work, already completed on several schedules, has justified my con fidence in this method. The principle is indorsed by chambers of commerce and boards of trade in almost every city of importance in the country. “The proposed bill has not been framed on the basis of any such study of tlie industry. Avowedly its rates are fixed with no consideration of any thing but revenue. The principle of protection is disregarded entirely, and therefore it is not too much to say that tlie effect of these sweeping changes on the welfare of those engaged in the various industries has been disre garded." Up for Passage Over Taft’s Veto WASHINGTON. Aug. 14.—Immedi ately after President Taft sent a mes sage to congress today vetoing the steel bill the Democratic members of the house forced consideration of the measure with the intention of passing it oveY the president's veto. Speaker Clark ruled that considera tion of the veto took preference over tlie regular business. Representative Mann, the minority leader, appealed from the chair's decision Representative Unde wood moved to lay the appeal on the table. The Underwood motion was carried. 241 to 10. The Republicans were caught napping and were unable so rally any support. Mann himself voted for the Underwood action. ATLANTA, GA., WEDNE SDAY, AUGUST 14,1912. Woman Kept Waiting Three Hours for Cab Now Sues for SB,OOO Seriously 111, She Says, Whe ' She Sent in Call for Vehicle From Home. Mrs. Annie L. Chambers, of 272 Formwait street, says it is worth SB,OOO to wait three and a half hours for a cab. In two suits filed bj herself and her husband O. G. Chambers, she asks that amount of the Atlanta Baggage and Cab Company for the company's delay in sending a call for her on , July 16. Mrs. Chambers says she was serious : ly ill and called for the vehicle to carry her one and a half blocks from No. 100 Crumley street to 272 Formwait street. She asserts that she called the cab at ' 5 o’clock in the afternoon, and it did 1 not arrive until 8:30. The suit was filed ! in city court today. GOVERNOR WILL SIGN BILL ORDERING SUIT FOR TALLULAH FALLS Governor Joseph M. Brown intimated , clearly- today that he would sign the legislative resolution authorizing state’s suit for the recovery of the Tallulah Falls property. The chief executive said the original . Shaw resolution requesting the govern , or to bring a suit had been changed in the house so that it would have the es . feet of a law. A suit is ordered by- the . legislative action. In case the governor approves the measure Attorney General Felder will be ordered to institute suit at once. The attorney general has said that his , method of procedure would he an in junction to restrain the Georgia Rail , way and Power Company from further work at Tallulah until the land titles are cleared. PEDDLER IS ONE WHO HAWKS GOODS, RULES THE SUPREME COURT According to the state supreme court a peddler, in -4he meaning of the Georgia law licensing vending, is the person who actually goes out in the highways and by ways and hawks his goods. A person who may hire the peddler is not a peddler at all. The court's definition came as the re . suit of an appeal from the judgment of the superior court of Tattnall county made by S. P. Smith, the sheriff, and other county officers, who had been enjoined from licensing .1. K. Whidden Whidden. it seems, had peddled fnr a Confederate veteran, who, under the law. is not required to pay a license. > The high court held that Whidden was the. peddler because he did the hawking, ( and, therefore, the clause exempting Con* federate veterans did not apply to him. ATLANTANS QUITTING THE CIGARETTE HABIT; SMOKE MORE CIGARS The sale of cigarettes in Atlanta has decreased 25 per cent since January. , according to statistics gathered at a well known Whitehall street stand. This applies to all (lasses of ciga rettes. A partial explanation of this is found in the fact that there has been an increase in tlie cigar trade. “I know of no reason why this should be," said the proprietor, "unless smok ers gradually are turning away from cigarettes to cigars. It's a fact, how ever, that fewer people are smoking cigarettes in Atlanta." U. S. VICE CONSUL TO COLOMBIA KILLED BY ASSASSIN; PROBE ON WASHINGTON, Aug. 14. Win. B. Mac Master, American vice and deputy consul at Cartagena. Colombia, has . been assassinated. This news reached the state department today. Mac Master. who was an American born In Colombia, was shot in tlie , back while hunting, apparently by one of his guides. Other attempts to murder him have been foiled, several of the conspirators having been jailed tor participation in the plot. ' The state department has ordered an investigation. Sw' ■ M. WIIIP ■■ >■ ROBERT L. CLAY AND HIS EYES M CONTBAGT LHIS HELD MUD Supreme Court Draws Distinc tion Between Georgia's Bill and That of Alabama. Drawing a wide distinction between the Alabama law recently held uncon stitutional by the United States su preme court and the Georgia law, the state supreme court today declared constitutional Georgia's labor contract statute, sometimes called the peonage law. The court's decision was made in the case of Tim Wilson, a Leesburg negro convicted of misdemeanor for violation of tlie contract law. The case was cer tified to the supreme court by the court of appeals. While general phases of the Georgia statutes have been submitted to court test before, today's decision is the first handed down by tlie high court on the constitutionality question since the United States court knocked out the Alabama statutes in the famous Bailey peonage cases, as a violation of the thirteenth amendment to the Federal constitution. First Ruling on Entire Law. The Georgia contract labor law passed in the interests of planters in 1905 makes it a misdemeanor for a la borer to refuse to carry out a contract to perform work for whidh money or goods of value has been advanced. Un der the Georgia construction, it must be shown that the laborer deliberately intended to defraud his employer by accepting contract wages. Georgia Law Not Affected. Justice Atkinson in writing an opin ion in whiqli all justices concurred carefully drew a distinction between the Alabama law and the Georgia law. intimating that the Federal < ourt de rision did not affect th* soundness of t he <leorgia law. Xecording to the Bailey decision, the Alabama law made the refusal Io work out a labor contract priina facie evi dence of criminal intent and allowed the employer making a contract .with a labor* to receive one-half nf the fine imposed in Hip • \«*nt of a conviction for misflomeanoi as provide d bv the law. In <li.-eu> ing the working of tiie GRAND JURY ILL PROBE LYNCHING Law-Abiding Citizens of Mus cogee County Demand Im mediate Investigation. COLUMBUS. GA., Aug 14—Law abiding citizens of Columbus and Mus cogee county today are making de mands for an Immediate and thorough investigation by the grand jury of th< lynching here late yesterday afternoon, when a sixteen-year-old negro youth was taken from officers in the court house, hurried to tlie outskirts of the city and there shot to death. The grand jury meets tomorrow, when the probe is expected to begin. The negro. Tom Cotton, alias T. Z. McElhenny, had just been convicted and sentenced to three years in the penitentiary for killing Cedron Land, a white boy, six miles north of the city, on Sunday, June 30. Yesterday the court room was crowded with relatives and friends o( the Land family when the negro was arraigned for trial in superior court. All went well until after the jury had returned a verdict of guilty. Judge Price Gilbert had pronounced the three years sentence, court had been ad journed and officers had started to re turn the prisoner to jail. • As Bailiffs R. L. Willis and J. T. Darby started out of the court room, relatives and friends of the Land fam ily crowded around the officers, with drawn revolvers, and demanded the custody of the prisoner. The officers refused. Then the mob forcibly look the negro from them. Reaching the street with the pris oner, eighteen members of the mob held up a passing street car, put the negro aboard and forced tlie motorman to speed to the outskirts of tlie city. At Wynton switch the negro was taken frpm the ear to a nearby field, where lie was riddled with bullets. His body was left lying in a ditch. A coroner’s jury was impaneled last night and returned a verdict of "death by gunshot wounds at the hands of un known parties." Georgia law Justice Atkinson says: "In order to constitute a criminal in tent, which is the basis of the law, sat isfactory pfoof of the contract must be shown, tiie procuring of money thereon, or oilier things of value, the failure to perform the serviei s contracted for, or failure to return tile nnmey advanced * * * without good and sufficient i a use." BILLY SMITH WILL MANAGE LOCAL CLUB AGAIN Deal Is Closed in Mobile Whereby Popular Baseball Chief Comes Back. CHATTANOOGA. TENN. Aug. 14. William Andrew Smith will manage the Atlanta baseball club next year. The contract has not been signed as yet and will not be until the close of the present season. Rut a verbal agreement has been entered Into and Rill Smith will be in Atlanta September 17 to take over the club and to resume the position from which he was de posed after winning the pennant for Atlanta in 1909. Since that time the Cracker club has had a succession of unsuccessful man agers and apparently driven to desper ation. the Atlanta Baseball association has closed with the man who was un ceremoniously canned just three years ago. Let Out by Andrews. The news leaked out here when Man ager Smith notified PresMent O. K. An drews. of the local club, that he would not serve as Chattanooga’s manager again this year. This he did by wire from Mobile. Up to this time it was supposed that | Smith would return here next year. I Though he has been particularly un successful in Chattanooga, it was deemed best to offer him the manage ment a third year. When this deter mination was made known to Smith, he withheld his decision. At that time it was not known what Smith had in mind, but it later leaked out that he was dickering with Atlanta. The deal was finally closed In Mobile, and from there Smith notified President Andrews that he would return to Atlanta Jordan May Succeed Him. It Is virtually certain that the man agement of the Chattanooga team next year will go to “Kid" Elberfeld or to Otto Jordan. Bill Smith went to Atlanta as a manager in 1906. Previous to that time he had managed a pennant winner in Macon, and he has had a long and suc cessful career as manager and player in various minor leagues. His first year wit.lt Atlanta he had no luck, bu* In 1907 he gave the Cracker club the first pennant It had had in twenty years. With a pitching staff made up of Russell Ford, “Hoot-Mon" McKenzie, the late Rube Zoller, Hoy Castleton and Bob Spade, with a pair of catchers of the caliber of Sid Smith and Ed Sweeney, with Jim Fox, Otto Jordan, Lou Castro and Bill Dyer In the in field, and with Dode Paskert, George Winters and Jesse Becker in the out field. he had an aggregation that won the pennant after one of the most ex citing races of baseball's history. Team Riddled by Sales. The following year the Crackers took a slump, owing to thq fact . that the team was riddled by drafts and sales, but in 1909 Smith again got together a pennant-winning team. The Crackers, after a poor start and a bad slump that lasted all through May. took the lead late in June and did not give it up. The team that year consisted of Rohn and Henn, at first; Jordan, at second; Scotty Walker, at third; Newton, short stop. Lee. Bayless, Wintersand Moran, outfielders; Smith and McMurray, catchers; Rogers, Fisher. Bartley, Max well, Atkins. Johns and Viebahn. pitch- The one-sidedness of the race made the season a poor one financially and, as Smith could not get along with the baseball association over certain mat ters of handling the team, he was canned at the end of the season. Since then he has managed the Buffalo and Chattanooga teams with varied success. HOHL IDITION 2 CENTS EVERYWHERE SLAYER’S EYES FOR BLIND IYIAN Cornea of Wife Murderers Orbs May Give Paper Seller Sight. SPECIALISTS CONSULTED AND OPERATION PLANNED Newsman Suggests Removal of Clay’s Eyes, and Is Con fident He Will See. Seeing through th* s eyes of a murderer for the rest of his life is the hope of John Cashin, a peaceful, blind paper seller of At lanta. At his earnest behest ex pert plans are note being made to remove the orbs of a man that the law says shall not live in or der so restore Cashin's power to see the things of the world in which he has lived for j’ears in total, hopeless darkness. John Cashin would literally apply the ancient Mosaic doctrine of an eye for an eye. The law has said that as Rob. ert L Clay killed his wife, Robert L, Clay must die. Twelve jurors have de cided that earthly use for Robert L. Clay has passed. His physical being must pay the cost. But. John ■ Cashin can see hope through the eyes of the slayer. Though Clay’s body die. Cashin would have his eyes see, but see from the brain and for the soul of one who has never offended man-made laws and who is therefore entitled to live. Clay Hopes for Life; Blind Man for Sight. 1 Clay waits in the Tower In hope that a new chance for life will be given him by the highest court of his state, but as he waits on the judges so Cash in waits on him. For in his death, the man who sells papers in darkness at Whitehall and Alabama streets, hopes for vision of sunshine, of the power to see his fellow man, of the right to mingle as a member not as a depend ent of society. He has planned and specialists of Atlanta have admitted that there is so much feasibility in his scheme that they are actually investigating the pos sibility of transplanting the cornea of the murderer's eyes that see into the head of the citizen who is sightless that ne may see when the law has been sat isfied with the wife slayer's life. The plan originated in the brain of Cashin. His earnest, repeated, request, was the cause of specialists consider ing even for a moment an operation said to be unknown to ocular science. Consults Eminent Specialists on Plan. Cashin has the. papers that he sells read him each day. One day early this summer the news was read him that a jury had imposed the death pen alty on Clay. The judge had ordered his execution in July. He immediately became obsessed with the idea "this man must die, why should not I use his eyes?” The idea grew with the days. Cashin finally decided to consult a physician. He had once been examined by Dr. J. N. Ellis. He called on him again. His plan, as bizarre as Poe ever im agined, was submitted to the physician as a matter of fact business. Dr. Ellis at first gave the man no hope. But Cashin was insistent. His own mind told him that the operation was pos sible. He pleaded with the physician. He finally succeeded. It was decided that if his optic nerves are still serviceable after his years of blindness there is the possi bility that the ey.es of a man that has read the death sentence might make him see. To Ask Dr. Calhoun To Make Examination. Dr. Phinizy Calhoun, noted oculist, Will be consulted and asked to examine Cashin. He will decide whether hit optic nerves will admit of possibility of the transplanting of the eyes ■ Here is the plan: As soon as Clay has paid the pen alty of bls crime, his eyes will be re moved before the body is taken from the death chamber. They will be placed in a warm saline solution anc e