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the weather Forecast: Fair tonight and Tues, day. Temperatures: 8 a. m., 74; 10 a . m., 81: 12 m., 85: 2p. m„ 87. • VOL. XL NO. 37. BOYCE SLAIN FOR PLANS TOELOPE AGAIN Jaiiker Sneed to Plead That He Shot to Save Wife From New Escapade. FOUND LETTER TELLING OF PROPOSED FLIGHT Reconciled. Husband Arranged to Start Anew, When He Made Discovery. AMARILLO. TEXAS. Sept. 16. —That ht killed Al G. Boyce to prevent him from taking his wife from him again i. be tile defense of John Beal Sneed, rich Amarillo banker, in his trial fo> the murder. s n eed will claim that he and his wife had become reconciled about two months ago and had planned to re move to Mississippi and start life anew when he came upon evidence of a pirn of hi- wife and Boyce to elope -.gain. This plan, he will claim, he Mund in a letter from Boyce to his vio tilling that he had left Canada . ini . omc to Ajnarlllo ami outlining a plan for her to leave her husband and (let with him a second time. Young Bojce had been offered the management of an immense cattle ram it in Argentine Republic. Th'- Potter county grand jury in spe- i vial session took up the killing today. An indictment is efcpected during the da- and a torneys for Sneed are ex pected tomorrow to institute habeas corpus proceedings to secure the release us their client from jail. A feature of the inquiry before the grand iury was whether Sneed had an ei'implice in the killing, ft has been -uiblishcd that two men. one answer ■: i- tl>> i't -cription of Sneed, rented a . oltagi next door to the Methodist .hi!.-i. in front of which the tragedy • iiurrcd. The second man has disap- Mrs. Sneed has also left her home. No Armed Outbreak Between Families. I •cvclopment • today indicated that tiw lav would be allowed to take its i "ii -e and that there would be no r n d conflict between members and friend* of the Boyce and Sneed fami- \ t'i 'iigh the Boyces ami Sneeds went about armed today, there was no "p-n outbreak. The Sneeds are wait ng foi the Box ces to make the next nm e. according to lite ’’code" in feud 'a t. irt. an I the Boyces are deterred i'-'..ii.-i of the critical illness of Mrs. A G. finer-, superinduced by the shock of th- killing of her son. Mis. Boyce was one of the first to t<a h her son Saturday. As he lay in thr streel his mother rushed to him ■ lie. kneeling beside him. took his head n I'l-r lap and willed the blood from hi- face. "How much more of lliis must 1 -land ." he exclaimed. Later she went to her home, where collapsed. It is feared she max not -iirviv. the shock. "'ill Boy< e. brother of Al. was al ""M in time to avenge the killing Sat- ''iay. it was. learned today. With a repeating shotgun in his hand, he rush - ■ I" the scene, reaching there only a inute after officers had taken Sneed tiway. Slew Eloper In Front of Church. 'need, slayer of Captain A. S. Boyce principal in the Boyce-Sneed feud, a -' Saturday shot and instantly killed ' Royce, who eloped with Sneed's wife ■' s January. The killing took place in ' ! " nt of the Methodist church here. Sneed, disguised as a hunter, wearing o.- rails and a false beard, lay in wait Boyce behind a corner of the He carried his gun in a long red box. Hr fired one charge at ‘ ose range. Bo.'cc died a few moments later and wers easily .captured Sneed and coin. •1 him to jail. Sneed for a week o rented a small shantv near the church. ■irs. Boyce, mother of the victim, is f itrated and max die. a few weeks ago Mrs. Lena ' ’ and her husband had become ricilcd and were supposed to be liv eably in Georgetown, Texas. It not known that he was in the city. ' ' killing of Boyce is the latest incident in a long list of trage "hich higan last January when , 4 Lena Sneed ran awax with Box co ■nitarium in Eorl Worth, whore 'ad been placed be her husband for °u troubles. '/‘"■o b'"l the young man' father in I Uorth and killed him in a quarrel i the elopement > The Atlanta Georgian Read For Profit—GEORGIAN WANT ADS—Use For Resu'ts. —' ■- - ' —— ■ ' > BROWN SJYS HUM HEAD HOLOSJOB TILL JUNE Governor Will Refuse to Issue Commission Until After the Legislature Meets, HE QUOTES STATE LAW IN SETTLING VEXED PROBLEM : i Means That Price Won't Serve "Short Term" and Displace • Commissioner Connor. | Governor Joseph M. Brown author ized the announcement today that he 'would hold that Commissioner of Agri culture Connor, holding office under appointment to the unexpired term of Commissioner Thomas G. Hudson, can not be displaced before the legislature ' meets next June, canvasses the gen eral election returns and formally de t-lares the person duly chosen by the people to succeed to the office. The governor bases his opinion upon section 94 of .he code, which prescribes the manner n which the governor, treasurer, comptroller general, attorney general and commissioner of agricul ture shall be elected, and which spe-. cifically recites that the stipulations laid down shall apply to all. rhe legislature is required to can vass the returns in the governor’s case and declare the result before the elec tion is complete, and no person may qualify for governor whose election has not bebn so declared. No Commission Before Legislature Meets. The governor, therefore, will hold that he has no authority to commis sion any one whose election has not been accomplished in the manner laid down; and it would be impossible that any person other than Connor, under that ruling, could qualify before next June, save in the remote contingency of a special session of the legislature be ing called in the meantime. The governor authorizes the state ment that he will commission no one before the legislature meets, no mat ter xx hat the state executive committee may do in the matter of filling an im aginary vacancy to occur in October or November, and regardless of what may happen in the regular October election, in the matter of electing a commission er of agriculture to begin his term of service in advance of the assembling of the legislature next June. Unquestionably, the governor's an nounced attitude will go far toward clearing up a situation that has been very much obscured in the public mind of late. Connor To Hold On to His Office. James D. Price was nominated by the Macon convention to a full and regular term in the office of commis sioner of agriculture. That term will begin about July 1, after the legisla ture has formally declared Price's elec, tion. A question arose in the minds of some lawyers, however, as to whether there w ould not. as a matter of fact, be an existing vacancy in the commission ership immediately following the Octo ber election, and if it would not be pos sible for some one, other than a Demo, crat, to have his name placed on the regular state ticket in October, and. in the event of his receiving a number of votes, legally demand the office under the law. Because of the difference of opinion among lawyers as to when the unex pired term of Hudson -the present term of Connor—expires, Chairman William J. Harris decided to have James D. Price's name placed on the ticket in the October election as the Democratic nominee, merely as a precautionary measure, and in order to have a Demo crat ready to qualify for the office in the event a vacancy were held to ex ist. Governor Brown’s declaration that he will not commission Price, or any body else, before the legislature has met and declared a result, definitely closes the matter. Connor will not he displaced before the June meeting of the legislature, aft er which Price will be commissioned. The governor states that the law is very clear in iiis mind, and that he would be compelled to refuse a com mission to any person, as commission er of agriculture, unless that, person came to him certified h\ the legisla ture. i mix in the event of resignation, re moval or death would the governor be authorized to name a successir to Con. nor before next June, unless the legis lature in extraordinary session in the rm antimt should declare ailothi r eleit- I i'd to the ollie- All of these eontln- Igi ii' ".- :ir<’ o i moi- of • our • , ’ sat ithc.x need not bt taken into considers- Mermaids’ Skill Astonishes Society Folk at East Lake Meet AT HOME IN POND AS ON DANCE FLOOR ! /all l :,s> y ; • .-Wx jlik r I x 9 ® J - rn. Mil b/’ a- f I w /x( A i WW fw Gm W, lIMRsls I cliff ' ! / V £jx^' ;; ' ; ' : 'x J iiMF/ ~ \ Jud-1V y / \<?—lx x MISS HELEN thorn. j/ 1 — N MISS LIDA NASH. Miss Nash Wins Swimming Event, and Miss Rambo’s Driving Stunts Astonish. Three Atlanta society mermaids are beong congratulated today on winning new laurels. In the lake at the Ath letic club's country home they proved themselves as much at home in the wa ter as on the links or the dancing floor. Swimming is coming into its own this year. Miss Lida Nash and Miss Helen Thorne were the two young women who entered the long distance swim ming competition, and despite the chop py water, which made swimming diffi cult. Miss Nash made the distance from boathouse to dam in 20 minutes 55 sec onds. Miss Thorn was a close second. Miss Regina Rambo, sponsor for the recent Confederate reunion at Mariet ta. was the only entrant in the fancy diving contest. Her daring dive from the 20-foot tower won her a round of applause. The club plans holding a water car nival every summer in future, and ex pects to have a dozen girl entrants by next season Atlanta boasts sis some excellent swimmers for an inland city. Miss Lida Nash was considered one of the best at Wrightsville Beach this season and both Miss I horn and Miss Rambo are superb athletes. Walter Hubard won the featute events, taking two first prizes and one second tn his three contests. He de feated Crane in the long distance men’s race, swimming to the dam and return in 18 minutes 25 seconds. He also won the diving contest. Crane finished first in the 50-yard dash, with Hubard sec ond. Karl Brittain did some spectacu lar high diving. TAFT ELECTORS OF KANSAS LOSE AGAIN IN INJUNCTION WAR DENVER. COLO., Sept. 16. By unanimous decision the judges of the United States circuit court of appeals, sitting in Denver, today refused to grant an injunction asked by the Taft faction of the Republicans of Kansas to prevent the secretary of state of Kansas from placing the names of Roosevelt electors on the official ballot under the Republican emblem. Appeal will bo taken by the Taft fa<*- tion to the supreme court of the I'nited States. The court held that the ease is not one of which ,i court of equity may take cognizance. Xpplfeation tor the injunction wa- ordered liimniwiil, the cost to b boine by titosi who brought tlte action ATLANTA. GA.. MONDAY. SEPTEMBER 16. 1912. MISS REGINA RAMBO. | CURTIS IS INDICTED FOR SLAYING MAN WHO SLURRED WIFE W. H. Curtis, brother of Dr. A. Lee Curtis, of Atlanta, who shot and killed J. H. Helton, a stationer, in Jackson. Miss., a week ago. pleading self-de fense, is being held in Jail following in dictment by the Hinds county grand jury. The jury found a true bill against Curtis on Saturday. He will be placed on trial at the regular term of court in December. According to Dr. Curtis, his brother has not asked for bond on the theory that the offense is not bailable under Mississippi statutes. The younger Curtis will adhere to his plea of self-defense and maintain in court that Helton had a pistol in his hand when he entered the office, of Dr. Applewhite, where the shooting oc curred. ( “ GOING FOR-THE MAIL ” CHURCH DODGERS KICK ON SUNDAY SHUT DOWN Notwithstanding the fact that a hu< and cry went up when the postal de partment cut out the distribution of the Sunday mail at Jhe At'anta postoffice, prominent business men are of the , Opinion that trade conditions have not been affected. i Postmaster McKee says he has re ceived but few protests on the new a - and these largely from men who used the going- to-t he-postoffice excuse to dodge church services. A canvass of business houses develops the fact that Atlanta concerns long ago had nearly abandoned the idea of look ing over mail on Sunday. ■Virtually the only objections to the new rule come from traveling sales men, who find it difficult to get impor tant mail sent to them to hotels. This situation, it is believed, will bad to an increase in the use of the special de livery system. WOULD BAR NAME OF JACK JOHNSON FROM DIXIE PAPERS NEW ORLEANS, Sept, 16 A Nash ' ville, Tenn., editor has stalled a move merit to bar the name of Jack Johnson the pugilist, from Southern new pa pet ■. and today every editor in this ■ ity re ceived a letter from Nashville bearing such request The Nashville editor de'lai.-s that nil marrying the white woman who i'-I cent I.t killed Im isi 1' .lop a .ip ntfei i ~i, 1 aftioiit to every white woman in th-l land WOMAN LAWYER HAS NEW SCHEME TO GET PERMIT IN GEORGIA Mrs. Virginia Mclntire Weaver, who has for the last year fought in vain for the right to practice law in Georgia; has hit upon a unique scheme to carry her point, declare her friends. She has gone back to West Virginia, her former home, and is preparing to stand her‘examinations and be admit ted to the bar there. West Virginia admits women lawyers. Once admit ted to the bar in West Virginia, Mrs. Weaver believes that when she returns to Georgia she will have to be granted the same privileges here as would any other lawyer from another state who produces the proper credentials saying he had been admitted to practice in his native state. Mrs. Weaver is a graduate of the At lanta Law school and when she found that Georgia laws barred any woman I from playing the, part of Portia, she 1 tried to have the legislature change the ! law, but failed. She is now in Morgantown. W. Va„ and as soon as possible intends to re turn to Georgia and take up the prac tice of law, if she be allowed to do so. SLAYER SPENCER TO DIE IN CHAIR TONIGHT; CHEERY AS END NEARS BOSTON s»ept. 16.-Bertram G. Spencer will be electrocuted In the Charlestown prison shortly after mid night tonight. He will pax- the penalty fol the murder of Miss Martha B. Blackstone, a Spiingfield, Mass., school teacher. The woman was shot down w hile encountering a burglar. Both Governor Eoss and President Taft have refused the pitiful pleas of his mother, Mrs. Kate* E. Spencer, for commutation. In Christian Science, Sp'iner lias found strength and so titude as the end approach! s and the guards at the pris on today said he is the best behaved and most cheerful of the fifteen men who hat! been confined in the death c It a in her. SEVEN PRISONERS SAW OUT OF JAIL; WIFE OF ONE HELD 1 H ILLI' ■' >TH E, i )H!i >, spi |u Si ten prison' r- of th ■ county pail made lh"l w .ipi heie early today by sawing the bare of their cells Ml- William Wolfe, wifi of om of lln i aped pri -om r-, Was arrested thlr morning i hing'd with complicity In th' is. ape of the num Five whit. and two , d nun. of ii'uhh ...... I 4 iil - ■ d Mi’i buijfldiij linn <.* - | ■ ape. LIGHT CONTRACT TO GO THROUGH k Expected That It Will Be Finally Recommended to Atlanta Council Today. > When the council committee on elec i trie Sights met this afternoon it was . expected that the city’s pending con tract for street lights with the Georgia i Railway and Power Company would be I finally recommended to council, Alderman John E. McClelland said i he favored asking for new bids. City ; Electrician Turner said that Atlanta should have as low rates as Macon. But the contract has already been approved by Mr. Turner and the committee and unless the Central Georgia Power Com pany or some other company expresses! a desire to bid on the city contract, the majority of the committee and of coun cil will approve the contract with the Georgia Railway and Power Company. Mr. Turner returned today from Ma con, where he Investigated the cheap light rates. He says he is convinced the reason Atlanta can not get such rates by competition is that there is an agreement between the Georgia Rail way am| Power Company and the Cen tral Georgia Power Company not to bld againsl each other. Ihe Central Georgja Power Com pany. of Macon, has constructed a line to Atlanta. Preston Arkwright,* pre'si • dent of the Geo-gin Railway and Power! Company, declared that there, is no agreement between the two company not to bid against each other. He said, though, on account of the delays in th? Tallulah Calls power plant develop ment. Ids company had contracted with the Central Georgia Power Company* to use some of its current. MASKED MENI TRY TO KIDNAP WOMAN FROM : HOME: FLEE IN FRIGHT SAVANNAH GA , Sept 16 Mrs Marie I. Jones, daughter of David C Foreman, Is In a hysterical condition at her home as the result of an attempt to kid nap her last night Mrs lores was attacked by two masked I men. who hound and gagged her and carried her from her bed room to the rear of Hie house on the lower floor 1 There they deserted her when discovery was Imminent. According to Mrs Jones there w i a third man stationed on the outside, perhaps as a lookout l> was the shrill whlHtli ~f ibis man Unit v.lined her captors of dangei Mi- Clarein-e Stewart heard her Mister ici'ianing and I<hi;iil her l.oimd and gagged and wrapped In >i sluet 'fhe family I!• unable ■' ;< .s ign nnv motive I'.o i| n l iio mi-i. lod'i.iping t'H.i aim w.i ,i.-i<o|. 1,. i| le e |,j, |"l Mt - Junta was not disturbed, | TiOMT IPITiQH 2 CENTS EVERYWHERE, P M SMMEHURD FORCED TO UESCINO ACTION Backs Down in Its Attempt to Modify Regulations of the City Council. OPEN WAR TO COMPEL i ABOLITION OF NUISANCE Still Considering Move to Wipe Out Commission—Fight to Go to Council. / Forced to back down by widespread criticism of Its attempt to modify council’s smoke regulations. Chairman i R. M. Harwell, of the smoke ■ commis sion, has called a meeting r>f the rules committee of the commission to rescind its action. j The committee at the same time will I frame a new set of regulations fior the guidance of the commission itself, which will he submitted to the.board. The board's action In modifying the already light regulation’ as council governing the emission of smoke of varying density was denounced as a I usurpation of authority by many coun oilmen and by City Attorney Mayson. ■ Abolition of the smoke board, which 'as declared to be standing in the way f reform, was seriously urged War to Enforce Smoke Ordinance. I Councilman Charles W. Smith, fath er of the smoke ordinance, said today that while he had not decided whether |he would Introduce an ordinance to I abolish the smoke commission at the j meeting of council this afternoon he , would begin his fight to see that the original smoke ordinance Is enforced. f hairman Harwell declared that Councilman Smith was too hasty in I criticising the smoke commission. He said that he was opposed to the act'on of the commission In amending the city smoke ordinance and that he informed the other members that such action was illegal. He added that the commission did not want to hinder the movement to abate the smoke nuisance. " e came into office inexperienced.” he said. “We are dealing with a com plex problem. We must proceed de liberately at first.” Councilman Smith’held a conference with < "ity Attorney Mayson today to determine the exact legal status of the smoke law. The commission has changed radi- ” (ally the law of council. City Attor ney Mayson has ruled that its action was Illegal. Council Smith intends to get council to take a definite stand on the matter this afternoon. Mason Also Would Abolish Commission. Councilman Claude C. Mason, In an Interview today, joined Councilman Smith in his plan to abolish the smoke commission if the commission does not see fit to enforce the smoke ordinance. Ihe original smoke ordinance did not contemplate a smoke board.” he •said. "The board was added as a. com. promise, and it xvas given exceptionally wide authority. It seems to me to have proved a failure.” Oscar Elsas, a wealthy manufacturer and one of the members of the smoke commission who voted to amend coun cil's smoke ordinance, called on several members of council today and request ed them to give him a hearing before | abolishing the smoke commission. He was promised that council would refer the matter to a committee and give everx one an opportunity to express their opinions before taking final ac tion. Mr. Elsas said that he intended to comply with the smoke ordinance at once with his own plant, the Fulton ■ Bag and Cotton mills. He said he had (already employed an expert to tell him I just what was needed to consume tha ' smoke generated by his furnaces. WIFE, SELF-POISONED. NEAR DEATH BEFORE TELLING KIN OF DEED SAVANNAH, GA. Sept 16.—As <l result of taking rat poison FTida.x nigh'. Mis Glare Hutu died last night at Park View sanitarium Mis. Hunt suffered from the poison for ii number of hours before advising her family of the trouble and getting medical asslgtanie. Mi- Hunt sir <■ veais old and a iiHtlxe Os Aroo-look cotinix Maim Her mnlh.-i Mrs Saimol It Russell. >f LoSIOII ,'l XlXi., as doc;, iivi iiu.rban I j Hid uli< suit.