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2 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 ~ gL'/H-y- ,7 <>■> 'z.' - ■ E- - L' OXS M CftM Ofc wrasse f ■ K S&U ? J • - • • * W :* :. * aßggggg#*. i * ■ mii frtil llwhmMh r F i w ( ■ > J jJf'; 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. 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