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MILEAGE SILL IS GALLED FAULTY AND VETOED Governor. in Killing Measure, Declares It Is Contrary to Federal Constitution. Governor Brown today vetoed the ►ill requiring the pulling of mileage on rains, a measure for which the travel ng men of the state have been fight - ng for many years. At present the nileage must be exchanged at station vindows A petition of Georgia traveling men, isking that the train rule be ordered, is >ending before the state railroad com nission The governor’s veto will force he commission to make a ruling on he question. Indications are that this tiling will be unfavorable to the trav ling men. The governor brands the act as igainst the constitution of the United States, in that it makes the state incur in obligation to regulate a voluntary ion tract. He points out that mileage is purely a oluntary contract between the railroad ind Its patrons, fixing a rate lower than he maximum allowed by the state rail-' oad commission. For the state to at empt to say in what manner this vol intary contract shall be carried out could be to assume an unconstitutional ibligatlon. he declares. Reasons For Veto. The governor says: Tn section 1 this bill says that 'lt shall not be necessary to exchange the mileage ticket or coupons there from for a ticket, any contract to the contrary notwithstanding.” Section X of the Constitution of the United States says: "No state shall pass any law impairing the obligation of contracts.” Section 1 of this bill, therefore. Is in violation of the organic law of the land, and is thus inevitably in valid. Again, the very designation by which the law describes the rail road companies, viz: "common car riers." necessarily carries the re quirement that they shall protect equal rights for and accord equal privileges to all, whereas this bill provides that he who gets the re duced rates shall have an advan tage in convenience over all pas sengers paying the maximum rates. In the case of the Lake Shore and Michigan Southern Railway Co. vs. Smith, the supreme court of the United States has said: Cites Supreme Court. "The legislature having establish ed a maximum rate, a general law now assumes to interfere with the management of the railroad while conducting its affairs pursuant to and obeying the statute regulating rates and charges, and notwith standing such rates it assumes to provide for a discrimination, an ex ception in favor of those who may desire and are able to purchase tick ets at what might be called whole sale rates —a discrimination which operates In favor of the wholesale buyer, leaving the others subject to the general rules." The ruling made by the court as to one species of discrimination would, of course, be applied to all other varieties of the same Upon the subject of mileage tick et regulations, in the case of Recli ner vs. Pennsylvania Railroad Com pany (18 1. C. C. R. 60) the Inter state Commerce Commission "Held. That the right to use ex change orders and mileage books is in the nature of a privilege volun tarily accorded by the carriers un der their tariffs, and must be ac cepted by those wno use such spe cial fares with all lawful and non discriminatory limitations that may be attached to them." Finds Another Flaw. The decisions of the supreme courts of several states are in line with the above authorities. Again, in section 1 this bill says: "The railroad commission is em powered and directed to take such steps and to make such further regulations (under penalty) as it may deem necessary to enforce this act.” The foregoing is unlawful in that it delegates to the railroad commis sion the right to prescribe penal ties. whereas that right is one which the legislature must exercise but can not delegate. It alone makes laws and prescribes penal ties; its creatures enforce the laws by applying the penalties. I will add that 1 can not escape the knowledge that in taking this official position 1 am forced to be the instrument in seriously disap pointing an energetic, useful and worthy element of our citizenry; but we must each recognize that we can not always have what we want, but must take what the law allows us to have, and that there come times when disappointments are the discipline of the law, and that in the struggle of life each class or each man is a winner when that class or that man secures equality of rights and privilege with all oth ers. For the foregoing reasons found in the constitution and in the deci sions of the courts, etc., being obe dient to the I w in enforcing the law, I am con pelled to veto this bill. JOSEI H M. BROWN Go\ ernor. Girl Swimmers Train for Contest Sept. 15 WATER POLOISTS MATCHED At Top—Start of a boys’ race __ at Piedmont lake. Below—Jennie /T Perkerson. on right, and Virginia _ Merker. two swimming rivals. / /Jr*' . —I / Ifr -wwv ygftrwSMqMßß TaitaWx 'BBL yy 1 I*—- '< _ '// \ \ MSI // \< • . -WhSRi /'4 \ \ Wklwlmeik 1 \WBI luP*'' feed. I y W fiJOl W A \ Interest Between Competitors for Silver Cup Given Men and Boys Keen. Jennie Perkerson and Virginia Mer ker. Piedmont lake’s two premier girl swimmers, are keeping In training as consistently as any member of the Olympic team and nearly every day at the park Life-Savers Carraway and McDermott are hailed with a "Watch out for me. I'm going out!” Jennie's favorite method of getting strength tn her arms is by rowing, and she has developed into almost as capa ble an oarswoman as she Is a swim mer. Virginia sticks to the water and practices various strokes trying to get a variety in order to rest her must les on a log swim. Jennie has beat Virginia decisively in a mile «wlm and in a half-mile swim, but they are willing and anxious to race each other again, for Virginia is constantly improving anti Jennie is not the sort to rest on laurels won in the past. Another race for a new length probably will be pulled off on Septem ber 15, when Piedmont park bathers will end the season with the largest water carnival of the year Interest is keen among the men and boys who are striving for the silver cup offered to the winner of the greatest number of points In the races of last week and the coming races. R F. Sams now Is in the lead, hut has so slight an advantage that any one of several swimmers may take the cup away from him. A water polo game, probably the first ever seen by the public of Atlanta, is being arranged for that day between two well matched teams. "Any one who has seen football can understand water polo.” says Captain Ren F. Schlomberg. who is training the aquatic players "Football, you know, is just a milder form of water polo, and the water game is full of excitement from the start to the last moment.” WIFE ARRESTS INVENTOR OF MECHANICAL SPANKER CHAMPAIGN. ILL., Aug. 20.—Be cause his wife objected to his using a mechanical device, invented by him at the University of Illinois, for punish ing their child, Professor Duff Andrew- Abrams beat her, and she had him ar rested. He pleaded guilty, waiving a jury and paid a fine of $12.50. Abrams is associate professor in the engineering experiment station in ap plied and theoretical mechanics. He applied his theoretical mechanics to the erection of a spanking machine for the chastisement of children without the usual manual labor. When he tried to demonstrate the practicability of the device on his little son the mother ob jected. SOCIETY FIREMAN LOSES HIS HEAD BY A BLAST ST. LOUIS. Aug. 20.—Henry Youtze, chief engineer of a volunteer fire de partment in the fashionable West End residence district, was decapitated by the explosion of a chemical engine which he was endeavoring to play on a fire. It is believed he neglected to open the nozzle before turning the stopcock His wife saw the accident. HIGH SCHOOL FACULTY. CRAWFORD, GA., Aug 20.—The trustees of the Crawford High school have elected the faculty for the ensuing year, the term to begin September 1. Professor H. F. Smith is principal; Mrs. Annie Avera, first assistant; Mrs. S C. Faust, second assistant, and Miss Rubx Rol.ir.d. mush teaelu r. THEATLANTa GEORGIAN XND NEWS. TUESDAY. AUGUST 20. 1912. / O f Olwarf’Ww®? - wm \ \V IB' V' • ■IaX - * Wil 1 L Ulk i IJHMr 1 MM (M I - v No’ 5, IHK- -x - *"* l ******' ATHENS BANKERS TO BE TRIED AT SPECIAL COURT SESSION.OCT.7 ATHENS, GA., Aug. 20.—Judge C. H. Brand has called a special session of the Clarke superior court for October 7, at which time cases against J. W. Griffin and R. H. McCrary, charged with violat ing the state banking laws, In connection with the failure of the Athens Trust and Banking Co., of which Griffin was presi dent and McCrary, cashier, will be taken up and dispensed with. The case also involves the failure of the Crawford Oil Mill Co., of which Griffin was presi dent and to whom illegal loans were al leged to have been made by the Athens, Trust and Banking Co. Seven different charges have been preferred against the officers, two of which are felonies. NEEDLE DRIVEN INTO HEAD; POLICE SUSPECT WOMAN LOS ANGELES, Aug. 20. —Colvin H. Bullard, formerly a postoffiee inspector, is at the point of death from a wound from a sacking needle in his light tem ple. The needle had been driven three inches into his head, when he was found in the cemetery at New Hall and there were vidences of a struggle. Torn pieces of a photograph of a young woman upon which was written, "From your Bakersfield' sweetheart.” were found near by. Bullard's wife lives in Ba kersfield. The police are searching for a young woman said to have been seen with Bullard two hours before he was found. ATLANTAN HEADS ACADEMY. LEXINGTON, GA.. Aug 20.—The trustees of Meson academy at this place have elected Prof. B. B. Mooney, of Atlanta, principal; Mis-s Mary Cul pepper. of l-'ort Gaines, assistant, and Miss Noll Foster, of Hampton, In st ructot in music. GIRL STAGE DRIVER QUITS AFTER 23 YEARS SERVICE STOCKBRIDGE. MASS.. Aug. 20. Miss Florence S. Markham, who drives the stage and carries the United States mail between the village of Interlaken and Stockbridge for the government, has made a remarkable record In her occupation, which she has followed since 1889. in that time she his trav eled nearly 100,000 miles. In the winter Miss Markham his been forced to shovel her way through snowdrifts, and in the spring she has repaired damage done to roads by I heavy rains, in order to make her trip. ONE FAMILY. TEN VOTES: POPULAR WITH CANDIDATES RIVERSIDE. CALIF.. Aug. 20.—G. W. Hill, of West Riverside, says there are tbn of his family who would vote if one of them is registered. He Is a pio neer, having come to California in 1859 and to Riverside in 1891. Registration clerks ate working overtime at the clerk's office to get the voters signed up. A large percentage of the women in Riverside are registered. AMERICAN WOMAN IS POISONED IN ENGLAND FOLKSTONE, ENGLAND. Aug. 20. Mrs. Enright, a middle-aged American, died in a hospital at Hythe today as the result of poisoning. She was found ly ing on the beach Sunday at Hythe. TRAMP HURT IN WRECK. VALDOSTA, GA., Aug. 20.—A head on collision occurred here in the yards of the Georgia Southern and Florida railroad when a heavy freight train ran Into a locomotive and three coaches al the Ashley street crossing. An un known negro trarno. who was stealing a ride, was badly injured. PLATFORM FALLS ATNOTIFICATION;i 2DDINAHEAP Dozen Believed To Be Seriously Injured at Ceremonies For Governor Marshall. INDIANAPOLIS, Aug. 211.—The plat-i form behind the speaker’s stand col- ! lapsed at the Marshall notification at 2:50 this afternoon, while Judge Parker was delivering his notification speech. More than a dozen persons were injured, some of them seriously, it is believed. The injured were taken into the Democratic State club house, on Ver mont street. In front of which the stand was located. Judge Parker, who was scoring! Roosevelt and the Progressive party | at the moment the collapse occurred, was not injured. More than 200 men. women and chil dren were precipt.ated a distance of 20 feet to the ground and buried in the wreckage. Governor Is Notified. Governor Thomas R. Marshall this afternoon was notified officially of his nomination for vice president of the United States by the Democratic na tional convention, and formally accept, ed the honor in a brief speech. The no tification speech was made by Judge Alton B. Parker, chairman of the noti fication committee. In his speech of acceptance Gov ernor Marshall said in part: "This campaign calls upon some for justice, upon others for charity, upon all for patriotism it does not call for the bandying of epithets nor for an ap peal to the personal. We may safety leave to that senile dementia which has seized the so-called Republican party the personalities of this cam paign. Its unfitness to rule thfc re public is disclosed by its inability to keep its temper. As for the party’s bosses, the improper Influences in American political life are about equal ly divided between them. Everywhere "Boss” Barnes is crossing swords with "Boss” Flinn, and their charges and counter charges disclose greatness only when we apply Emerson’s statement: Consistency is the hobgoblin of little minds.’ What the Party Offers. "The voter who can not satisfy him self this year is indeed censorious. Eliminating the verbiage of platforms taking their substance and viewing the candidates placed on them, the voter who believes that the cost of production at home and abroad should be equalized to the manufacturer of this country and who wants an oligarchy to rule may vote the straight Republican ticket; the voter who believes in a similar protective theory, but who prefers to an oligarchy that the president shall be the state, may vote the Progressive /icket; the voter who believes this gov ernment should be turned into a so cialism. may vote the Socialistic tick et: the voter who thinks that church and state are not separate in America and that the people have a right to set tle religious questions and to determine by ballot what is good and what Is bad, may vote the Prohibition ticket, and all those who insist that It is not the busi. ness of government to equalize the cost of production at home and abroad to the manufacturer until it equalizes the difference in the purchase price to the consumer at home and abroad, who be lieves that the only equalization justi fiable in our government is the equali zation of opportunity, who thinks that public office is a public trust, who does not believe that disgruntled and de feated politicians are genuine reform ers. and who think that reforms are not born with sore toes, may vote the Democratic ticket." Crowds Gather Early. After a night of incessant lightning, thunder and downpour of rain that re sembled a deluge, "notification day” opened decidedly cooler, and before the time for the forenoon auto ride the sun frequently broke through the clouds to the great joy of scores of visiting Dem ocratic celebrities and thousands of vis itors. Although Tomlinson hall had been prepared for indoor ceremonies in case of showers, crowds early began Io gath er for the open air program in Univer sity park, where 25,01)0 persons could congregate within sight and hearing of the speakers. As the Democratc hosts swarmed at the Hotel Denison, where the smiling Tom Taggart reigns supreme, the en tire absence of silk hats and frock coats constituted a striking feature Among the notables were W. G McAdoo, of New York: Senator T. P. Gore, the blind orator from Oklahoma. Joseph E. Davies, of. Wisconsin; dele gations from Louisiana and from other far-off states. The special train car rying 100 Illinois Democrats arrived at 1:30 p. m. Following a sightseeing tour of the city in automobiles, a noon luncheon, given by Thomas Taggart at his hotel, occupied the time until the notification ceremonies began. At the conclusion of the speeches an auto trip, winding up at the home of Governor and Mrs. Marshall, where a reception was held, concluded the day's program. ALBANIAN REVOLT FAILS; INSURGENTS BACK HOME CONSTANTINOPLE, Aug 20.—The Albanian revolution against Turkish rule has failed, according to a dispatch re ceived here today from I skup in the vilayet of Kossovo In European Turkey This message said that the Turkish gov- I ernment commission had succeeded in arranging a compromise with the Insur gent Albanians who are returning to their homes •••••••••••••••••••••••••a : Taft Fights for His • • Commerce Court; to • : Use Veto Club Again • • WASHINGTON. Aug. 20.—Pres- • • ident Taft today made it clear to • • cabinet officers and others that • • he intends to ve.to the legislative. • • executive and judicial bill which • • reached the white house today • • minus the objectionable seven- • • year tenure clause, but contain- • • ing no provision for the commerce • I • court. • ; • The president reiterated his as- • ‘ • sertion that he would stay in • • Washington all summer rather • • than see the commerce court abol- • • ished. • • • •••••••••••••••••••••••••a SHELDON TO HOLD PURSEFORG.O.P. . I Good Work of Treasurer of 1908 Campaign Recognized by Reappointment. WASHINGTON. Aug. 20.—George R. Sheldon, of New York, will be the treasurer of the Republican national committee during the coming cam paign. said Charles D. Hilles, chairman of the national committee, at the White House today. Mr. Hilles said that Mr. Sheldon, who was treasurer of (he. committee in 1908, had done such good work during the last campaign that the present committee thought it a just recognition of his ability to select him for the same post this year. Bull Moose Have Spent $19,403.31 CHICAGO. Aug. 20.—Th? first financial statement of th? Progressive party was issued here today by La Verne W. Noyes. A summary of th? receipts and expend itures showed that up to the time the Progressive national convention had concluded Its work about $20,000 had been taken in. Os this all except about SSOO has been expended. The expenditures were in connection with th? national con vention and maintaining headquarters here. The Progressive heads say that at least SIO,OOO was saved by using the same seats and many of the same fixtures for their convention that the Republicans had used. The statement follows Subscriptions. From individuals $2,000.00 From Chicago hotels 3,350.00 From seat sales. S2O. sls and $lO seats 8,917.00 From $3 seats 4,345.55 From programs 1,265.39 Total $19,877.94 Expenditures. For hall, arrangements therein, music, printing. office ex penses. etc $19,403.31 Balance $474.63 The Progressive state executive com mittee met today at th? LaSalle hotel. The state campaign opens tonight at Galesburg, where Frank H. Funk, guber natorial candidate, will be the principal speaker. Kansas Taft Men to Bolt Regular Ticket CHICAGO. Aug. 20.—Supporters of President Taft in Kansas are going to bolt the regular Republican ticket. They will so-in an organization of their own. This was the news brought to Republican headquarters here today by Chester 1. Long, former United States senator from Kansas. The Roosevelt faction has captyred the Republican organization in the Sun flower state. Long said that Taft elec tors would be placed on an independent ticket and that a ticket to oppose the Progressives wmuld be put In the field. It is probable that the right of the Progressives to put the Roosevelt elec tors on the Republican ticket would be tested in the supreme court. The con servatives. however, have little hope that the moose followers will be denied the use of the Republican emblem. WISE AND COOPER MEET IN DEBATE AT JACKSON JACKSON. GA.. Aug, 20.—A large crowd of Butts county citizens attend ing superior court listened to the joint debate between Solicitor J. W. Wise and John R. Cooper, held here yesterday afternoon. Mr Cooper followed Solici tor Wise for more than an hour. The speakers were applauded continually and made a good impression. Have you been looking for a wholesome food, One that's healthful and nutritious? A suggestion, perhaps, will do some good, Try Post Toasties, they’re delicious. Written by F. P DANZ. rare Hart & Murphy. St Paul, Minn hne of th? sfi Jingles for which the Postum Co, Rattle <’r?ck, Mlrh , paid SI.OOO in June T m / > REPRESENTATIVE JUSTIN CALLED ML MUST Tennessee Congressman Ar raigned on House Floor as Betrayer of Constituents. WASHINGTON, Aug. 20.—Represen tative Austin, Republican, of Tennessee, was denounced by Representative Rai ney. Democrat, of Illinois, on the floor of the house today as being in th« service of the water power trust. Aus tin’s resignation from the house was suggested because of Austin's alleged intention "to hand over the city oi Knoxville, Tenn., and the constituent! of his district, bound and gagged, tt the w r ater power corporation.” Representative Rainey declared that Representative Austin received 812,000 in stock for an investment of s2l from the Knoxville Power Company, which he afterward sold for SB,OOO In cash. Rainey continued: "I desire now’ to consider the Ten nessee situation. The omnibus dam bill provides 17 dams for the rivers of Ten nessee. Two of these dams are not tn be constructed In Representative Aus tin's district, but in the district of his colleague, Mr. Sells, who was without knowledge of the bills until they were presented on the floor of this house. Well Trodden Trail. "In my investigation of the water power trust. Insofar as it relates to the rivers of Tennessee. 1 find a well trod- I den trail leading from the congression |al office of the gentleman from Ten i nessee to the representative of the wa iter power trusts, and for the benefit of the gentleman front Tennessee and oth ers who may be interested in this'sub . ject, I propose now’ to call attention to the evidence he heretofore so vigorous ly demanded that I produce.” Representative Rainey then offered records which he asserted were proof that Representative Austin was in the employ of the water power trust. "Recently," concluded Mr. Rainey, "the gentleman from Tennessee made the statement that if 1 could produce proofs that he. as a representative, fa vored the water power trust, he would consider himself disgraced and would resign. 1 do not Insist that the gentle man resign from this body. I do not think, however, that the cause of water power conservation in Tennessee would suffer if the gentleman’s connection with this house would cease. The gen. tieman will be missed if he resigns, however, by water pow’er trust lobbies.'* Wilson Wires His Congratulations TRENTON. N J., Aug 20.—Governor Wilson today sent the following tele gram to Governor Marshall: 'My heartiest and sincerest congratu lations It is a matter of the deepest i egret with me that I could not be pres ent to extend my congratulations in per son and to express again the warm sat isfaction it gives me to -he associated with you on the Democratic ticket. I should have liked to have a chance to join you in saying how confident I feel In the presence of the party's greatest op portunity to serve the people without fear, favor or timidity. Pray accept my warm personal regards.” Moose Fight For Party Circle CHICAGO. Aug 20.—A determined fight by the party for a party circle on the state ticket at the fall elec tion is to be made, according to leading Progressives here. While the Illinois election law defines a party as one which received two per cent of the vote at the previous election and says only parties : can have circles at the top of their bal lots, the Progressives propose to show that this feature of the law has always been disregarded. A number of third parties have been granted the privilege of the circle, they say. They plan a mandamus suit in the state supreme court to compel grouping of Progressive candidates in one column with a party circle at the top. State officials have asserted that the new parly has no standing under the law and that it will not be recognized as a party organization when the ballots are printed. 4TH DISTRICT CONVENTION GOES TO SUMMER RESORT . COLUMBUS, GA., Aug. 20.—The Fourth district congressional conven tion has been called to meet at Warm Springs September 7 to name a nomi nee for congress from this district. As Congressman W. C. Adamson has no opposition before the state primary to morrow, there is no question of his nomination, and the district conven- I lion will be more of an outing than a business meeting. 3