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STATUTE AGAINSI
FEE OT IS
ATTACKED
Constitutionality of Act of Las
Georgia Legislature To Be
Tested by Legal Action.
Fulton county’s salary act of 1911
designed to remove seven county of
ficials from the operation of the pres
ent fee system, will ho tested for it:
cortstitutionality in the courts befon
it becomes effective on January 1.
That, at least, is the pnnent attitudi
of the county officers who will be as
fected b\ the "antl-fi e system" bill
The count} commission will.bf asket
to take the matter to the courts b;
November 20. the date on which th<
t ommisslon will be forced to fix th<
expenses “f various county offices foi
the ensuing two years.
Tax Collector A. P. Stewart believe:
that the salary act Is unconstitutional
and his opinion is backed up by th<
findings of several local attorneys wh<
have been retained by county officials
Stewart's Dual Offices.
"There is nothing that I expect to d<
directly,” said Mr. Stewart. "I don'
feel that it is in my province to rust
Into the courts with this matter, bu
like the other officials 1 want to know
v here I stand.
“At the present I hold two positions
ct*e under the state and the other un
der the county. This salary act pur
poses to do away with the fees of this
< ffice and substitute a salary of $5,00(
a year. I don’t know whether thr
salary is for the county office or foi
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 mattei
is tested thoroughly in the courts. 1
expect to ask the county commissioner.'-
to bring the case to determine the stat
us of the entire act. I have the opinion
of reputable lawyers that the act is
unconstitutional."
Expense Accounts 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 fees of his offices are suf
ficient to pay such a salary, so some
of the present officers will not be able,
to draw their salary for 1913 until late
in that year.
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
•tatus before it is put into operation.
"Because of the dual character of
my office," said Tax Collector Stewart.
“I expect to sit tight until the com
mission puts it up to the courts. My
office really does more work for the
state than for the county, and the act
makes it difficult for me to reconcile
the two positions.”
EX-CONGRESSMAN DEAD.
MONTGOMERY. ALA.. Oct. 30.
Colonel Willis Brewer, w ho served four
years as congressman from the Fifth
Alabama district and has held several
•tate offices, including auditor, died to
day at his home, seven miles from
Montgomery. He was 68 years old. No
funeral arrangements have been made.
IF M THE TOO MUCH MEL
WO WILL BRING OH RHUMSTISM
Because the Mercury in the
Calomel Attacks the Bones
and Develops a Painful
Mercurial Rheumatism.
Calomel is a powerful niereurial drug.
That is why it is used as a strong pur
gative in obstinate biliousness. The
mercury will crash into the sour bile
break it up and throw it oft forcibly,
and it is the shock of the mercury and'
the bile coming together that causes the
awful nausea, vomiting and sometimes
even salivation. A shock such as this
always weakens the system and in a
few weeks there is another bilious at
tack and another dose of calomel is
necessary. It does not require much
reasoning to prove that each bilious at
tack roots into the system a little deep
er and a greater shock is necessary to
dislodge it. And every dose of calomt 1
that you take is putting mercury Into
your system, and mercury is a powerful
chemical which attacks the bones and
causes a gradual wasting away. This
* ne< rosis of the bone, or mercurial
the most painful and the
*■ '■ ! : ' ■ 1
THE SHAME OF ATLANTA
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NET IS BEING SPREAD IN
CITY’S FIGHT ON SMOKE
Official Atlanta Is preparing today to
enforce its new laws against the smoke
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 The Geor
gian yesterday, showing that Atlanta
coal consumers are wasting $236,250 a
year in smoke and that the 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 titan 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-
JACOBS' LIVER SALT is better titan
calomel every way. It contains no mer
cury: it flushes stomach and bowels
and cleanses of all sourness and clog
ging waste; and it dissolves the uric
acid which the fermenting waste has
generated and passes it off in the urine
When the blood Is freed from this
thickening, poisonous acid, and the
pressure of clogging waste removed,
liver and bowels will resume their nor
ma! activity, naturally, without forcing.
The action of JACOBS’ LIVER SAI.T
is quick but mild. It contains the same
sulphates that are in the system to di
gest food, and consequently combines
most easily with the Juices of the atom,
ach and acts naturally, without griping,
nausea or vomiting.
1 JACOBS' LIVER SALT is the best
liver -ilmulant made. If vou are bil
ious. It will cure you. If you are well,
la Ke It and keep well, for ev< ry one's
i liter Is a;, ,o get sluggish occasionally,
: and prevention is always better than
1 cure \ glass of Jacobs' Liver Salt is
I bubbling and pleasant—a fine before-
I breakfast habit. No substitute <an
t have tlie same uric acid solvent action.
I , Large jar 55e. (16c additional by mall).
I Lor rale by all Jacobs' Pharmacx Stores
and druggists generally. tAiivt.j
THE ATLANTA. G EOHG TAN AND NEWS. WEDNESDAY. OCTOBER 30. 191
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
best to save that cash.”
The law forbidding locomotives with
in the 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 F°r 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 Frida} . November 1.
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.
CONGRESSMAN CONNELL DIES.
I’olttilKEJli’Sli;, x. Y.. (Jet. 30.
L’ougressnian Richard E. Connell, of the
I went}-first district, a Democrat, died
s'luden!} of heart failure at his home
here vsiay.
8 NUNS PERISH IN
FIRE, TRYING TH
SAVEDRPHANS
Ten Children Missing After De
struction of Catholic Home
in San Antonio, Tex.
SAN ANTONIO, TEXAS. Oct. 30.
Sixteen persons, ten of them children,
lost their lives today in a fire which
destroyed St, Johns Orphan asylum
here. Among the dead are Mother
Mary of the Cross, sister superior in
charge of the home, and five of the
sisters who helped care for the or
phans.
The sisters lost their lives in a heroic
effort to save their charges. An effort
was made this morning to ascertain
definitely the number of children who
lost their lives. Ten ate known to be
missing, and It is feared that others
may be dead. Only a few of the bodies
have been recovet ed.
The fire broke out some time after
midnight. The building was a stone
structure, but the flames spread so
rapidly that the whole place was in
flames before efforts to rescue the
children could be made. The sisters
‘made a desperate effort to save their
charges.
Another Sister Dying.
The known dead:
MOTHER MARY OF THE CROSS,
sister superior, known in the world as
Katherine Rossiter, of Wexford. Ire
land.
SISTER MONICA, formerly known
as Miss Monica Montex, of Monterey.
MOTHER MARY FRANCIS.
SISTER CLEVER, formerly Miss
Slavin, of Dublin, Ireland.
SISTER LEO, whose home was in
Dublin.
KATHERIN DE TEMPLE, employed
at the orphanage; killed when she
jumped from an upper story.
Ten children missing, unidentified
and believed to be dead.
Sister Mary KostkeF, known former
ly as Miss Sullivan, is dying. She
jumped from an upper story after she
had been driven to a window by the
flames. A life net was spread, but
Sister Mary missed It in her fall. Her
back was broken and she was inter
nally injured.
1 he market house today was turned
into a temporary- morgue and the bod
ies of the recovered dead were taken
there.
At 7 o’clock the fire had burned it
self out, but search of the ruins up to
noon was impossible because of the In
tense heat. The fire originated in the
kitchen.
Mother Mary of Cross Heroic.
Two of the sisters who lost their
lives died when they made a heroic
effort to fight their way through the
flames on an upper floor and save the
children under their care. Others
known to have lost- their lives are ly
ing in the ruins of the building.
| Mother Mary of the Cross refused to
leave the building as long as any of the
children were inside. She did heroic
work in attempting rescues and to her
efforts largely is due the fact that any
of the children were saved.
Sister Clever and Sister Leo lost
their lives. while endeavoring to help
their mother superior in the rescue.
Their bodies also are among the ruins
of the orphanage.
The flames spread so rapidly that
when firemen reached the building
there was little opportunity for them to
assist in the rescue. The flames were
then leaping from the upper windows
while the entire lower story was so
filled with flames and smoke that it
was impossible for anyone to attempt
to enter. The firemen tried to save
those imprisoned above by spreading
life nets. Only a few of the children,
however, made their way to the win
dows. It is believed that they were
caught asleep In their beds and per
ished before the sisters were able to
reach them.
Work of checking up the children
rescued from the fire has been extreme
ly difficult. Mother Mary, in charge of
the place, and the sisters who lost their
lives with her are the only’ ones who
knew definitely the number of children
in the institution. The records of the
place were burned.
Children Trapped in Beds.
The asylum is outside the city limits
of San Antonio. The building was very
old and while the»walls were of stone
the floors were of wood. The building
was four stoiies high with an attic
above. The attic was also used tor
wards, the Institution at all times be
ing practically tilled.
The distance of the institution from
the heart of the city made the firemen
slow in getting to the place of the
flames.
Most of the sleeping rooms were on
the second floor. The fire attacked the
wooden stiarways soon after it started
and there was little chance to get the
children to safety.
Most of the inmates were small, the
orphanage receiving children one year
old and keeping them usually until they
were about twelve years of age.
1 Dead in Fire in
Louisville Hospital
LOUISVILLE. KY.. Oct. 30.—Fire
broke out in the Martinsville sanita
rium. a four-story building at 830
South Fourth street, this morning and
spread so rapidly that many patients
were cut off. Many were rescued by the
firemen or leaped into life nets. The
body of J. W. Foltz, a patient, was
found on the second floor.
I SIX-MILLION-DOLLAR
WARRIOR, NEW YORK,
SLIDES FROM WAYS
NEW YORK. Oct. 30. —With her
champagne-spattered bow glistening in
the sunshine and a pretty girl enthu
siastically calling, "I christen thee New-
York." the steel shell of the $6,000,000
super-dreadnought that is soon to be
the latest “pride of the navy” slid down
from the greased ways in the Brooklyn
navy yard today into the East river.
At least 100,000 persons witnessed the
launching, the most notable being
President Taft, who, from a private
stand, smiled on Miss Elsie t'alder,
daughter of Congressman William M.
Calder, as she excitedly crashed a be
ribboned champagne bottle against the
battleship’s steel bow.
Every pier and dock within sight of
the navy yard was black with cheering
crowds, while the yard itself filled
with thousands.
President Taft arrived early with po
lice and secret service men swarming
around him. The Roosevelt shooting
at Milwaukee, it was learned. was
largely responsible for the large num
ber of police.
THOMPSON’S SLAYER
TO PLEAD INSANITY;
$25,000 FOR DEFENSE
GREENSBORO, N. C„ Oct. 30.—Wil.
Ham F. Blair, who yesterday’ killed
George C. Thompson, division freight
agent of the Southern railway, at
Blair s home here, will plead insanity
as his defense. The note sent Blair
by Thompson, His employer, shortly’ be
fore the tragedy contained a polite no
tice of dismissal, stating that Blair had
evidently lost interest in his work and
that his services would not be required
longer.
Blair has recently inherited about
$25,000. Members of his family here
have already employ ed half a dozen of
the ablest attorneys available to de
fend him. No bail will be allowed in
his case.
The body of Mr. Thompson was car
ried to his old home in Culpepper, Va.
He had been in the railway employ
since he was thirteen years of age. His
family- Is preparing to make a vigorous
prosecution of the ease against Blair.
INSTALLMENT MEN
FIRE ON NEGRO WHO
DID NOT PAY BILL
Because a Marietta road negro failed
to pay a furniture installment when
the bill was presented, O. L. Dickerson,
a collector for the Jones Furniture
Company, called his office and demand
ed that two men be sent out to assist
him in taking charge of the furniture.
When the two men arrived on the
scene late yesterday afternoon one of
them, John Bridvwll, a youth of sixteen,
carried with him a large gun, which he
proceeded to flourish. The negro ran,
and Bridwell shot at him.
Both Bridwell and Dickerson were
arrested by County Officers Chapplear
and Heard, Dickerson charged with be
ing drunk and Bridwell with discharg
ing a pistol.
DAYLIGHT BURGLAR IS
IDENTIFIED BY WOMAN-
James Suddeth, accused as the negro
burglar who yesterday threatened Mrs.
T. C. Steen, of 242 Richardson street,
with a dirk when discovered in her
home, today’ was held by Recorder
Broyles on the charges of assault with
intent to murder and burglary. He
went to the Tower in default of bond.
Mrs. Steen appeared in court and re
lated the story of her thrilling experi
ence with the burglar, positively identi
fying Suddeth. A negro woman, whose
house was entered by a burglar yester
day, also identified Suddeth.
For Years Carlton’s
Has Sold the Finest
Women’s Shoes
Shown in Atlanta
But this reputation for fine Shoes is not
confined to $6 and $7 values, for we are offer
ing some of the sea
son s most fashionable
■ / styles in all leathers,
.! ««•/ at popular prices.
I j 14 and 16 button
/’ Boots, and lace styles
k of the same height, are
I \ favored fashions for
I \a, \ the Fall; and we are
\ s ho w i n g a splendid
WtsAk ** assortment of worthy
WJ\\ 'Yn qualities and comfort-
J \ able lasts, in gun metal,
\ patent colt, tan calf and
\ cravenettc, at $3.50
and $4.
YOU R size is here.
$3.50 and $4.00
CARLTON
Shoe and Clothing Co.
36 Whitehall St.
LABOR GRIEFS TO
VOTE FOR WILSON
Head of Engineers and Gom
pers Urge Union Men to
Support Democrats.
To the Editor of The Georgian:
As the campaign nears its close ft
is evident that the labor vote is go
ing to be cast more largely for Wilson
and Marshall than ever before for a
Democratic candidate for president and
vice president.
James F. Geraghty, secretary of the
Brotherhood of Locomotive Fire and
Engineers of New York, sent out a let
ter to all officers and members of the
organization in which he commends
Wilson, Sulzer and Glynn.
Os Governor Wilson, he says:
"Governor Wilson has shown his
heart and synfpathy are with the rail
road employees in his message to the
New Jersey legislature. He recom
mends legislation which will compel the
railroads to be equipped with full
crews, and he has advocated legisla
tion which would compensate an in
jured person. Therefore, it is our duty
to cast aside our political affiliations
and vote for the Democratic party, if
we ever expect to receive beneficial
legislation."
Samuel Gompers, president of the
American Federation of Labor, an
nounces his support of Wilson, and
says:
"Personally, I am in favor of Wilson
as president and will vote for him, and
I believe the preponderance of senti
ment on the part of the workers is for
Wilson and the Democratic party as
the party’ most favorable to measures in
the interest of labor. I believe Roose
velt will poll a large vote, but he has
no chance of election.
JOSEPHUS DANIELS.
Democratic Headquarters,
New York City, Oct. 30, 1912.
DEATHS AND FUNERALS
Mrs. J. N. Biddy.
The funeral of Mrs. J. N. Biddy, who
died yesterday afternoon at 4 o’clock at
the residence, 76 Whitehall terrace, was
held this morning at 8:45 o’clock at the
residence. The body- was taken to Bir
mingham for interment. She is survived
by het husband. J. N. Biddy, roadmas
ter of the Southern railroad, and two
daughters, Misses Ida and Minnie Bid
dy.
William W. Nash.
William W. Nash, aged 30 years, died
at 1 o’clock at his residence, 181 Plum
street. The funeral will be held a*
Patterson’s chapel tomorrow morning at
10 o’clock, and interment will be at
Westview,
Eli Mooney,
Eli Mooney, aged 87 years, died at
the residence. 699 East Fair street, last
night, at 11 o'clock. The funeral ar
rangements will be announced later.
Miss Octavia L. Tolbert.
Miss Octavia Lee Tolbert died
at the residence, No. 278 Rich
ardson street. She is survived by
two sisters, Misses Laura and Sue Tol
bert, and two brothers, W. H. and R.
E. L. Tolbert. The body was taken to
Swainsboro last night for funeral and
interment. .
W. L. Tankersley.
William Lee Tanke<«ley, the thir
teen-monthe-old son of Mr. and Mrs.
E. F. Tankersley, died at the residence
in East Point today at noon. Inter
ment will take place tomorrow morning
at 11 o’clock in Mount Olive cemetery.
SNEAD OUT ON $20,000 BOND.
AUSTIN. TEXAS, Oct. 30.—John
Beal Snead, who shot and killed Al. G.
Boyce at Amarillo, today was admitted
to bail. The bond was fixed at $20,000.
MASONS ADJOURN
WITHOUT DECISION
ON STATE TEMPLE
MACON, GA.. Oct. 30.—The c,
Lodge of Georgia Masons adjourned
annual communication today as. d
eral very important sessions' wUh"''’
taking up the question of iocaMnl °u'
new temple. ’‘
Officers were lected for the ensum
year, as follows: en sum g
Robert L. Colding. Savannah sraßri
master; X. H. Ballard. Brunswig i ß "'
uty grand master; Frank O MiHer
A alley, senior grand warden \ V r
England, Cedartown, junior g rand *
The following officers were appoints
Harry G. Edenfield. Millen granil
chaplain; John R. Wilkinson \ t f*
senior grand deacon; Frank W c m
Augusta, junior grand deacon;' Era "
I’. Baker. Dalton, grand marshal r e
Patterson, Lawrenceville, first
steward; George H. Fields. Bainbridg”
second grand steward; M' a c '
Athens, third grand steward; '7?
Wages, Macon, grand tyler.
Retiring Grand Master George M y.
pier was presented with a past'erJ"
master’s jewel. n ‘
No effort was made by the Rome del
egation, as was contemplated, to <han
the constitution so as to enable
grand lodge to meet elsewhere than in
Macon.
U. D. C. DELEGATES
RECEIVE REPORTS
ON WORK OF YEAR
ATHENS, GA.. Oct. 30.—The first
business session of the state convention
of the Daughters of the Confederacy
was held this morning at the Lucy Cobb
college chapel, following last night’s
session of welcoming addresses and re
ception. The reports of many commit
tees were heard, along with those of the
secretaries, auditors and educational
committee chairman. They were al 1
auspicious, especially the one by Miss
Ada Ramp, of Augusta, on free schol
arship, showing a decided increase over
last year. After the morning session
the Laura Rutherford chapter of'the
U. D. C. entertained the delegates and
their hostesses at a luncheon. The sec.
ond session was called to order at ”'3O
o'clock this afternoon and further re
ports were read.
PHIL WOLF NOW WITH
McConnell company
Phil Wolf, well known to the cloth
ing trade and for ten years connected
with Saks & Co., of New York, has
assumed the management of the cloth
ing department of the McConnell Shoe
& Olothing Co., under the new man
agement.
Mr. Wolf is one of the best clothing
men in the business, and he is an au
thority on the question of clothes.
The Liver is the
Road to Health
If the liver i> right the whole tystem ii right
CARTER’S LITTLE
LIVER PILLS wdl
gently awaken your I
•luggish, clogged-
up liver and cure CARTERS
constipation, SSfTTLt
upset
ach, in-
active ■■■hH
bowels,
loss of appetite, rich headache and dininesa
Purely vegetable. You need them
Small Pill. Small Do.. Sm.il Prica.
The GENUINE must baar signature
The ATLANTA O ,T
Also Tues., Wed. Mat. and Wed. Night
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Prices 25c, 50c, 75c, SI.OO and $1.50
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THE TRAVELING
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