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THE WEATHER Forecast for Atlanta and Georgia: Fair and warmer today: fair and colder tomorrow. VOL XI. NO. 75. JUOGEJOHN mus, iltß Hl DEAD Venerable Jurist Passes Away After Years of Service to City and State. FUNERAL TAKES PLACE TOMORROW AFTERNOON End Came at Home Early To day Distinguished Son Survives Him. I J j>.ire John 1.. Hopkins, long known .i- dean of the Atlanta bat one of ” best known men in Georgia, died tods' after an illness of several •non’ ■ that had taken a serious turn >ll y two days ago. He h eathed his last at 9:20 o’clock ids morning in the Hopkins home, at ' Spruce street. The news was a ■xl. to thousand-. Judge Hopkins ;.i been a foremost figure in '»gal cir e- for more than a generation anti ‘•cognized as an authoritj’ on v*a- i ions phases of court procedure. horn in Monroe county. Tennessee. I an-! married there in 1853. he stoved to i Atlanta at the close of the Civil warj and for the remainder of his years took' a keen interest in its welfare and a‘j large part in its progress Distinguished as Superior Court Judge H> was judge of the superior court torn 1872 to 1878. winning a wide repu- ■at ion for ability and impartiality. Aft. that term he became senior mem h r of the law firm of Hopkins & Glenn, rd later senior member of the firm John L. Hopkins <t Son. until the ‘•lie of his death. Judge Hopkins was a member of the | otis code commission which whipped i • statutes of Georgia into recogniz- | M shape. The other two members j • re Judge J. R. Lamar and General i • ’liffonl 1.. Anderson. Tn 1910 Judge 'I- pkins codified a section of the laws, | - work being approved by the leg!?- [ of 1911. Judge Hopkins was th r author of i ' Hnokins on Personal injuries.” Hi’ wife, formerly Miss Elizabeth I 1 ‘ook, of Tennessee, died about two I :irs ego. He s survived by two sons. Linton 1 . md Charles P. Hopkins, who made t ■ Hopkins law firm one of the best mown In the slate, and two daughters, • I - Al. H. Howel! and Miss Charlotte Hopkins. I e funeral will take place from the •'Hi- tomorrow afternoon at 3 o’clock. • GRAND JURY PROBES AFFAIRS OF AUGUSTA BANK. NOW DEFUNCT AUGUSTA, GA.. Oct. 30.—The grand i < y of Richmond county, now in ses ton. hat begun an investigation of the flairs of the Citizens Ttust Company, 1 loeal concern with 1100,000 capital, ' hich failed several months ago. The ■editors of the institution, including lie depositors, lost more tltji n $250,000 and not a c■•nt has been received from : “reiver so far. It is believed that the depositors can realize only a few cents i on the dollar. It has been openly chaiged that the officers of the institution, violated the •late banking laws by loaning D. H. 'Villard more than ten per cent of the •apital stock without security. NINETEEN ARE BLINDED BY TROLLEY WIRE LIGHT ANDERSON, IND.. Oct. 30.—Nine teen persons were stricken blind by gazing at a light caused by workmen welding with an electrical process on a trolley wire early today, according to physicians who treated the cases. Several who saw the light were not stricken until a tew hours later. INJURED ABOVE SHOETOP. ALL HURT GIRL WILL TELL NEW YORK. Oct. 30.—Slightly injured by falling off a street car. Miss Emma Selger refused to give a policeman any other information than that "I have been injured above the shoetop." GERMAN CROWN PRINCE THROWN FROM HORSE BERLIN, Oct. 30 —While shooting near Danzig today. Crown Prince Eitel Fred erick was thrown from his horse. His Injuries will prevent him from attending **rince Rupprecht's funeral. The Atlanta Georgian Read For Profit—GEORGIAN WANT ADS—Use For Results. Neighbors Rescue 3 Families From Home • Fired by Hungry Rats North Siders Flee Flames in Night Attire—Rodents Nib bling Matches Start Blaze. Flames roaring from the roof of the home of H. A. McCall, 128 East North avenue, awoke neighbors just in time • for them to rouse and save three fami- I lies in the burning home early today. All the occupants of the house were ' Sjeepihg when the alarm was given, i The McCall family was the first to be I aroused, and not waiting to dress they {joined the rescuers in saving the fam j ilies of D. H. Camp and A. W. Thomp i son. All escaped in their night attire. The fire is thought to have been caused by rats nibbling matches In a heap of rubbish on the second floos. FRENCH BALLOONIST BREAKS AIR RECORD, FLYING 1.364 MILES ■ STUTTGART, GERMANY. Oct. 30.—A new international balloon record for dis tance has been made in the contest for the Gordon Bennett cup, begun here Sun day, by the French balloon Plcardie, i which landed near Moscow. Russia, after ’ traveling 1,364 miles. The old record, I made by Alan R. Hawley, of the United States, was 1,172 miles. i While a French balloon had broken • the distance record, all chances of the ■ United States winning the contest had I not been wiped out. for one American . balloon, Uncle Sam. was still aloft so far as known at noon. The unofficial American entry. Dusseldorf 11, was also in the air. Twelve balloons hhd come down, ac cording to advices received by officials here. This left seven official and unof ficial entries in the air. FORMER CAPTAIN IN SERVIAN ARMY MADE INSANE BY WAR NEWS { GROVETON, PA.. Oct. 30.—Brandish | ing an old saber, a relic of his army I life. Rady Keckish, a former captain j in the Servian army, rode down Main { street astride a big gaunt mine mule, 'I demanding that all Turks lay down their arms and surrender, as no quar ter would be given them. t Keckish was nude and rode the old mule without saddle or halter. He called on the heavens to witness the atrocities of the “unspeakable Turk.” and fiercely declared they must all die by fire and the eword. When the police arrested Keckish it j was found that he was mentally de . ranged as a result of reading of Turk i ish atrocities committed in his native | town a few days ago. I FRED MAXWELL, SON • OF ATLANTAN, SHOT AT ANDERSON, S. C. i i ANDERSON, S. C., Oct. 30.—Fred j Maxwell, eon of Colonel J. D. Maxwell, of Atlanta, was shot five times last night ! by Floyd Bolt, at the latter’s home, near ■ here. Colonel Maxwell is in the Insurance i business in Atlanta. The Maxwell family I of this county Is prominent It Is stated young Maxwell went to the Bolt heme and was bartering on the door when Bolt called out to know who it was and what was wanted. No reply came, and Bolt got his pistol and shot in the direction from which the sounds came. Later he found that five shots had taken affect, four going through the fleshy part of the leg and one through the groin. i Maxwell is said not to be dangerously I wounded. i KILLS SELF WHEN HER SON IS DENIED HOME DETROIT. MICH., Oct. 30.—When Mrs. Mabel Green learned that her son could not be given a home at a Detroit institu tion unless he was an orphan, she shot and killed herself. The boy is two years old. His father is married to another woman. When the latter heard of the tragedy she offered to rear the boy pro viding her husband wanted him. GIVES OF HER CUTICLE TO SAVE HUSBAND 1 NEWTON, KANS., Oct. 30.—T0 save the life of her husband, who was burn ed in a gasoline explosion, Mrs. T. M. Erb has sacrificed more than two square feet of skin to be grafted tp-Jiis wounds. The couple are lying on adjoining i beds in a hospital^here. OFFERS SCHOOL BANNER. FORSYTH, GA., Oct. 30.—1 n order to stimulate interest in school work. County School Superintendent T. H. Phtnazee has offered a banner to the school which wins in educational contests at the monthly meetings of the Monroe County Teachers’ association. MADDOX AND HUTCHENS SPEAK. DALTON, GA., Oct. 30.—Extensive preparations are under way for the Democratic mass meeting at the court house hero next Saturday. Judge John Maddox and G. R. Hutchens, of Rome, will be the leading speakers. KILLING CASES TO BE TRIED. COLQUITT, GA., Oct. 30.—1 n Miller county superior court now in session here chief interest centers in the cases of Will Cato and Dan King, charged with the murder of James Beard in this city. WHITFIELD BOYS COMING. DALTON, GA.. Oct. 30.—The Whit field County Boys Corn club will send a big exhibit to the corn show in Atlanta December 3-6. Fully 50 club members will attend in a body. BECKEH GOES TO CHUR IlfflOF DEC. S Slayer of Gambler Herman Rosenthal Calm as Death Sentence Is Passed. MOTION FOR NEW TRIAL IS OVERRULED BY GOFF Wife Hears Husband Doomed. Prisoner Taken to Sing Sing at Noon Today. NEW YORK, Oct. 30.—Former Po lice Lieutenant Charles Becker today was sentenced to death in the electric chair by Justice Goff in the supreme court, for the murder of Herman Rosen thal.' Becker was convicted of instigating the murder of the gambler informer on | the night of October 24. I The former police official took his sentence calmly . Justice Goff set the week of Decem ber 9 for Becker’s execution. He im mediately was ordered to the death house at Sing Sing. Mrs. Becker was in the court room when Justice Goff pronounced the death decree. Those sitting near her thought she would break down, but she bore up with wonderful fortitude. Denied Ten Days To Wind Up Hjs Affairs. I Becker, had just left his wife a lew i seconds before in the offices of Sheriff i Harburger, where there was a pathetic j scene. The condemned man gripped hie i wife in his powerfui arms, and for a j moment neither spoke. After the sentence had been passed. Sheriff Harburger began preparations to leave with Becker for Sing Sing pris on on the 11:50 train. Five deputies j were ordered to accompany :he con demned man. Becker asked for ten days in which to wind up his affairs, but the sheriff refused to grant this. Attorney John M. Hart was present as the representative of Becker. Mr Mclntyre was not present, hat ing sent word that he was too ill to appear. Mr. Hart presented a motion for a new trial, but it was overruled by the justice. Becker was taken from his cell in the Tombs before the opening of court by Supreme Court Justice John W. Goff, was led over the bridge of sighs by two deputy sheriffs and stood ready for sentence when the judge took his seat. Had Steeled Self For the Ordeal. Becker had steeled himself for the ordeal. He expected a sentence ol death in the electric chair at Sing Sing. His face was calm and he stood with folded arms. He betrayed no emotion. Without trembling, with lips drawn into a straight line and with eyes that gazed straight ahead he awaited the worst. Sheriff Julius Harburger had made preparations to take Becker to Sing Sing immediately after sentence was pronounced. However, Becker’s law yers ‘were expected to protest that it would take Becker until Saturday to wind up his affairs, and Harburger was uncertain whether or not the prisoner would be taken to the death house to day or would get a slight respite. It was reported that Becker had quarrelled with John F. Mclntyre, ills lawyer in chief, and that Mclntyre had withdrawn from the case. Becker had insisted upon taking the witness stand in the trial for his life, and after his conviction persisted in giving inter views to the newspapers despite the warnings of his lawyer. John W. Hart, Becker’s attorney of record, was ex pected to take charge of the future affairs of the former police official. Chief interest centered in the sen tencing of Becker, but there were other developments commanding attention. The four gambler-informers. Jack Rose, Louis Webber, Harry Vallon and Sam Schepps, declared that they were no longer afraid of assassination when they get their liberty as they realize that a death blow has been struck the “police system," and that it no longer can inflict punishment upon anyone who attacks any of its members. The sentencing of Becker wiped out any lingering animosity which Mrs. Ro senthal, wife of the slain gambler, felt. "I am sincerely sorry for Mrs. Beck er,” declared the widow today. “I am not sure whether she wants my sym pathy, but nevertheless she has it. She is a brave woman, but she is blinded by her devotion to her husband. I pity her from the bottom of my heart. She is a Ivyal woman and a brave one." ATLANTA, GA.. WEDNESDAY. OCTOBER 30. 1912. LIKI6IMT fEE SYSTEM imeffl IS MO i i Constitutionality of Act of Last Georgia Legislature To Be Tested by Legal Action. STEWART TO STAND PAT TILL THE COURTS DECIDE Officials Concerned Will Ask Commission to Prove Legal ity Before Enforcing It. ■ j Fulton county's salary act of 1911, I designed to remove seven county of . flcials from the operation of the pres . ent fee system, will be tested for its . constitutionality in the courts before it becomes effective on January 1. That, al least, is the present attitude : of the county officers who will be af fected by the “anti-fee system” bill. The county commission will be asked ( to take the matter to the courts by November 20, the date on which the ; commission will be forced to fix the expenses of various county. offices for; tlie ensuing two years. Tax Collector A. P. Stewart believes I that the salary act is unconstitutional, ' and his opinion is backed up by the findings of several local attorneys who have been retained by county officials. I I Stewart Now Has Two Offices. “There is nothing that I expect to do | directly,” said Mr. Stewart. “1 don't feel that it is in my province to rus.i : info the courts with this matter, but like tlie other officials 1 want to knov where I stand. “At the present J hold two positions. ' one under the state and the other un der the county. This salary act pur poses to do away with the fees of this office and substitute a salary of $5,000 a year. I don’t know whether the salary is for the county office or for the both offices, and I won’t know un til the courts decide the matter. “For that reason I expect to proceed just as I have been until the matter is tested thoroughly in the courts. 1 expect to ask the county commissioners to bring the case to determine tlie stat us of the entire act. I have the opinion of reputable lawyers that Ihe act is unconstitutional." Expense Accounts Are Now Required. Under the new law county officials are required to send to the commis sion by November 20 claims for office expenses. The act affects the tax col lector, the tax receiver, the ordinary, sheriff, clerk of superior court, solic itor general and solicitor of the city court. These officers will join with the tax collector in asking the commission, to test the act before permitting it to go into effect. The salary act passed by the legisla ture during the summer session of 1911 and effective on January 1, 1913, was . the result of ceaseless agitation to take county officials from the present fee system. By its provisions it affects no county but Fulton, and it is this phase that has raised pertinent questions as to its constitutionality. It provides a straight salary for seven county officials and puts it up to the county commission to determine the office expense of each. In one of its clauses it provides that no official un der its operation can draw down a sal ary until the foes of his offices are suf ficient to pay such a salary, so some of the present officers will not be able t<? draw their salary for 1913 until late in that year. Tax Commission Powers Defined. According to the best information, the state constitution distinctly defines the tax powers of the county commis sion and for this reason the commis sion will be unable to levy a tax to meet the expenses of the county offices without running counter to the funda mental law. It is these questions which are agi tating the officials affected, and will result in a court test of the entire status before it is put into operation. "Because of the dual character of my office," said Tax (.’ollector Stewart, ”1 expect to sit tight until the com mission puts ft up to the courts. My office really does more work tor the state than for the county, and the act makes It difficult for me to reconcile . the two positions." TELEGRAPHERS VOTE ON STRIKE. CHICAGO, Oct. 30.—A strike vote ’ was started by telegraphers employed on the Chicago, Burlington and Quincy ' railroad today, following the refusal of ! the company to grant the men a wage I inoreaw of 10 per cent THE SHAME OF ATLANTA r— ' ■ BQ . \ Hh' - mqi ii ji --mmiiir- V jNM WPTe JMmiII ■! NET IS BEING SPREAD IN CITY’S FIGHT ON SMOKE Official Atlanta is preparing today to enforce its new laws against the sinoki nuisance. Inspector Paul McMichael has the record of a number of viola tions of the anti-smoke ordinance, and Intends to prosecute those offenders who do not at once begin complying with the law. The figures published in Tlie Geor gian yesterday, shoving that Atlanta coal consumers are wasting $236,250 a year in smoke and that tlie average loss by smoke damage to every person in Atlanta is $5 a year, awakened dis cussion of conditions. The figures, in actual dollars and cents, opened the eyes of the public more than any vague criticisms of conditions could do. On the trolley cars and at street corners today the men who saw the pall of smoke hanging over the city spoke of it not as a natural hardship, to be en dured in patience, but an artificial nui sance which can be abated. Proper Stoking Needed. Inspector McMichael’s estimates show that about 15 per cent of the city's con sumption of steam and domestic coal can be saved by proper stoking and the use of proper furnaces. The city con sumes about $1,575,000 worth of coal per year, and the saving would be $236,250. But he showed also that the loss by smoke-damaged clothing, homes and properties amounts to not less than $875,000 a year, and this loss is shared by every person In the shadow of the smokestacks and chimneys of Atlanta. “If you can prove to manufacturers that their smoke costs them dollars and cents, you have won the battle," said one prominent consumer, "They might not all be aroused by appeal along sen timental lines. But If a consumer can save coal bills by proper firing, he Is likely to try it. I'm going to do my I best to save that eash." • The law forbidding locomotives with- in tlie city limits to emit black smoke for more than about 11 minutes an hour, specifying a limited amount of smoke every five minutes, is already in effect and arrests for violations are probable within the next day or two. Inspector McMichael has found that the railroads have an average of 300 loco motives inside the limits every day. The roads have agreed to do what they can to abate their share of the nuisance. Watch For Violations. The ordinance forbidding owners of stationary engines and furnaces to per mit the emission of black smoke for more than twelve minutes in each hour goes into effect on Friday. November t The inspector will keep a close watch for violations. A number of agents for various pat ented furnaces and smoke consumers are in the city this week, attracted by the published accounts of Atlanta's fight for purer atmosphere, and some of them report they are placing modern equipment In a number- of local plants AUGUSTA ARBITERS STILL PROBING CARMEN’S CASES AUGUSTA, GA„ Oct. 30.—The board of arbitration In the street railway strike is still at work on the cases against 23 motorman and conductors under suspension. The men threaten another strike If the arbitration board does not put the majority of those suspended back to work, and veiled threats have been made by the attorney for the men. However, if the carmgn do decide to strike again they will not have the general sympathy from the public and that strong sentiment in favor of the men which prompted the public to walk for nearly a month EXTRA 2 CENTS EVERYWHERE P MORE° SEEKS WIFE HE GAVE IIP TO INHERIT FORTUNE Though She Has Been Rewed and Divorced Since Then, He Still Loves Her. LEFT WOMAN TO WIN HIS FATHER’S ESTATE Last Heard From Her in At lanta-Fears for Safety of Sweetheart. z Kept four years from the woman be loves and had made his wife, by his father’s threat of disinheritance, Ed ward B. Wardlaw. of 318 Main street, Chattanooga, ha.s called on the Atlanta police to find his sweetheart, though he knows that stress of circumstances compelled her to wed another man two years ago. Word has reached Wardlaw that she has obtained a second divorce, and he now wants to make her his wife again. in his letter to Chief of Detectives Lanford, the Chattanooga man recites that he met and married Myrtle Smith in tlie Tennessee city some four years ago. He had failed to consult his fa ther, a man of means, before taking the step. Had to Quit Her To Get Fortune. The parental ire descended on the young pair. Wardlaw was told that if lie did not leave the woman he had made his life mate, another would b» gi\en the inheritance on which he was depending when he stood at the altar. Wardlaw was practically penniless, His wife was in no better finances. Though they loved each other devoted ly, he says, they realized that they had to face a practical problem. They finally entered a tacit agree ment to apply for divorce, but to' re main faithful to each other through the years until the father had relented or had died and the Inheritance was young Wardlaws. The decree was obtained, and Mrs. Wardlaw came to Atlanta to earn a livelihood. Though separated by law, the pair continued to correspond. i'inall.v Wardlaw received an appeal ing message. Tlie girl assured him of her constancy, but declared she had been ill in an Atlanta hospital and was then unable to work. To keep from starving she must wed, unless Wardlaw could aid her. He could not, and later the news was brought him that she had married in Tampa. Fla. Rich, He Again Seeks Sweetheart. Months passed before he heard from her again. The next letter told him that her second husband had mistreat ed her and that she had left him and had applied for a ’divorce, and had res eeived assurance that it would bff granted. She expressed her Intention of moving to Atlanta. Wardlaw, In the meantime, had re ceived his inheritance. Nothing stooef in his path to happiness. He wrote his former wife, proposing a second mar. rlage. No answer was received. He waited and waited. !• inally, fearing for her safety, he decided to call on the po lice. Today s letter to Chief “Lanford was the result. The would-be husband de elures he is sure of the woman’s love, and that if the legal complications hava all been removed he will gladly make her his wife again. PELLAGRA IS SPREAD BY BEDBUG. ASSERTS EXPERT LOUISVILLE, KY., Oct. 30.—That the bed bug is the agent which spreads pellagra as the mosquito spreads yel low fever, is the theory advanced be fore the Kentucky State Medical asso ciation by Dr. J. H. Hendren, who has treated more case of pellagra than any other physician in Kentucky. JOHN D. OPERATES OWN PHONE TO GUARD SECRETS TARRYTOWN, N. Y„ Oct. 30.—John D. Rockefeller has installed in his Pon tiac Hills home a private switch board with 33 extensions which he can oper ate himself without fear of any out sider hearing his conversation. TO SERVE SENTENCE HERE. GREENVILLE, S. C., Oct. 30.-“ Babe” Durham, a mountaineer, who took French leave of the United States court last week, while the jury was deliberating on his case, has been brought, in from the mountains by his bondsmen, and is now held at the county jail, awaiting orders ir be taken to Atlanta to serve a year's sen tence for “nioonhslning. "