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STATUTE (GIST
FEE SYSTEM IS
imp
Constitutionality of Act of Last
Georgia Legislature To Be
Tested by Legal Action.
Fulton county’s salary act of 1911,
designed to remove seven county of
ficials from tile operation of the pres
ent fee system, will be tested for its
constitutionality in the courts before
it becomes effective < n January 1.
That, at 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
the ensuing two years.
Tax Collector A. P Stewart believes
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.
Stewart’s Dual Offices.
"There is nothing that I expect to do
directly," said Mr. Stewart. "I don’t
feel that it is in my province to rush
into the courts with this matter, but
like the other officials I want to know
where 1 stand.
"At the present I 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. I
expect to ask the county commissioners
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 he 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 cominis
eion 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 wl h 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 Collector Stewart.
"I expect to sit tight until the com
mission puts it up to the courts. My
office really does inore 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, who served four
years as congressman from the Fifth
Alabama district and has held several
state 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 yOU TAKE TOO MUCH CALOMEL
YOU WILL BRING ON BRUMM
Because the Mercury in the
Calomel Attacks the Bones
and Develops a Painful
Mercurial Rheumatism.
Calomel is a powerful mercurial drug
That is why it is used as a strong pur
gative in obstinate biliousness. The
mercury will crash into the sour bib-,
break It up and throw it off
and it is the shock of the mercury and
the bile coining together that causes the
awful nausea, vomiting and sometimes
oven salivation. A -hock 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 ti greater shock Is necessary to
dislodge it. And every dose of calomel
that you take is putting mercury into
your system, and mercury is a powerful
< 111 " hlc h attacks* the bones and
a . K!u l ual lasting away This
tllt ' ’’ nnP ' 'frcurla!
Bhnors dan? 1 ; nful nn ' ! ,b ■ !
fem. ' ■"
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 ot the anti-smoke ordinance, and
intends to prosecute those offenders who
do not at onee begin complying with
the law.
The figures published in The Geor
gian yesterday, shoving that Atlanta
coal consumers are wasting $236,250 a
year in smoke and that the average
loss b) smoke damage to every person
in Atlanta Is $5 a year, awakened dis
cussion >f 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 etr-
] JACOBS’ LIVER SALT is better than
calomel every way. It contains no m r
eury: It flushes stomach and bowels
and cleanses of all sourness and clog
ging waste; and it dissolves the uric
aeld which the fermenting waste tias
generated and passes it off in the urine
When the blood Is freed from this
thickening, poisonous add. and the
pressure of clogging waste removed,
liver and bowels will rtsume their nor
mal activity, naturally, without forcing.
The action of JAUORS’ LIVER SALT
is quick but mild. It contains the same
sulphates that are in the system to di
gest food, ami consequently combines
most easily with the juices of tile stom
ach and acts naturally, without griping,
nausea or vomiting.
J A'’tißS’ LIVER SALT is the best
liver stimulant made. If you are bil
ious. it Will cure you. If you are well,
take it ;l t.l keep well, for every one’s
liver 1- ;.| . ,o get sluggish occasionally,
and prevention is always better thin
cure. A gla“s of Jacobs’ Liver Salt is
bubbling and pleasant—a tine before
breakfast habit. N> substitute can
have the same uric acid solvent a -tion.
I.iirge jar 25c, (16c additional by mailt.
I For <nle by all JaCobs-’ Pharmacy Stores
tind druggists generally. (Advt 1
THE ATLANTA GEORGIAN AND NEWS.
(lured 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 thf
use of proper furnaces. The city con
sumes about $1,575,000 worth of coal per
year, and tile 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 .i 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 lie aroused by appeal along sen
timental lines. But if a consumer (-an
save coal bills by proper tiring, he is
likely to try it. I’m going to do my
best to save that cash."
The law forbidding locomotives with
in Hie est) limits to emit black smoke
for more than about 11 minutes an
hour, specifying a limited amount of
smoke ev< iy 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.
Tin ordinajice forbidding owners of
stationary engines ami furnaces to per
mit the emission of black smoke for
more than twelve minutes in each hour
goes into effort on Friday. November 1.
The inspector will keep a close watch
for violations.
A number of agents for various pat
ented furnaces and smoke consumers
ate 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.
POCGHKEEPSIE, N. Y.. Oct. 30
Congressman Richard E. Connell, of the
Twenty-first district, a Democrat, died
suddenly of heart failure at his home
1 i-re tedav
6 NUNS PERISH IN
FIRE, TRYING TO
SAVEORPHANS
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 si'ters 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 are known to be
missing, and it is feared that others
may be dead. Only a few of the bodies
have been recovered.
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 formerly known
as Miss Monica Moittex. 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 he dead.
Sister Mar;,’ Kostker, known former
ly as Miss Sullivan, is dying. She
jumped from nn 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.
The market house today was turned
Into a temporary morgue and the bod
les 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 Bede.
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 stories high with an attic
above. The attic was also used for
wards, the Institution at all times be
ing practically filled.
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, wits
found on the second floor.
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 s on 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 Calder,
daughter of Congressman William M.
Calder, as she excitedly crashed a be
rlbboned 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 was 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
liam 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 employed half a dozen of
the ablest attorneys available to de
fend him. No bail will he 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 case 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 Bridwll, a youth of sixteen,
carried with him a large gun, which he
proceeded to flouiish. 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 212 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
r ’ 1 f i styles in all leathers,
u I f*®/ at popular prices.
n : a* 14 and 16 button
/ |«i»/ Boots, and lace styles
/ W of the same height, are
4 favored fashions for
% the Fall; and we arc
X W show in g a splendid
* assortment of worthy
i\ \ Ax qualities and comfort-
\ able lasts, in gun metal,
\ patent colt, tan calf and
\ cravenctte, at $3.50
J and $4.
YOUR size is here.
$3.50 and $4.00
CARLTON
Shoe and Clothing Co.
36 Whitehall St.
ÜBOR CHIEFS TO
VOTE FDR 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 It
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 sympathy 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 tool! a large vote, but he has
no chance \of election.
JOSEPHUS DANIELS.
Democratis Headquarters,
New Yorljt 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\B:4s o’clock at the
residence. The body'• was taken to Bir
mingham for interment. She is survived
by her husband, J. N.lßiddy, roadmas
ter of the Southern railroad, and two
daughters, Misses Ida i| in( i Minnie Bld
\
William W. l\ash.
William W. Nash, agedl 30 years, died
at 1 o’clock at his resldeince, 181 Plum
street. The funeral wify be held at
Patterson’s chapel tomorrow morning at
10 o’clock, and interment will be at
Westview. \
Eli Mooney. \
Eli Mooney, aged 87 yeaU’s, 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. Tolbeyt.
Miss Octavia Lee Tolbwrt died
at the residence. No. 2718 Rich
ardson street. She is survived by
two sisters, Misses Laura and Sfue Tol
bert, and two brothers, W. H. 1 and R
E. L. Tolbert. The body was ti’-ken to
Swainsboro last night for funerjal and
interment.
W. L. Tankersley.
William Lee Tankersley, the 'thir
teen-months-old son of Mr. and (Mrs.
E. F. Tankersley, died at the resid«mc»
in East Point today at noon. Inlter
ment will take place tomorrow mornijng
at 11 o’clock in Mount Olive cemetery
SNEAD OUT ON $20,000 BOND.'
AUSTIN. TEXAS, Oct. 30u—John
Beal Snead, who shot and killed Al. |G.
Boyc- at Amarillo, today was admitte d
to bail. The bond was fixed at $20.()40.
MASONS ADJOURN
WITHOUT DECISION
ON STATE TEMPLE
MACON. GA., Oct. 30.—The Grand
Lodge of Georgia Masons adjourned it s
annual communication today, after sev
eral very important sessions, without
taking up the question of locating the
new temple.
Officers were lected for the ensuing
year, as follows:
Robert L. Colding. Savannah, grand
master; N. H. Ballard. Brunswick, dep
uty grand master; Frank O. Miller, Fort
Valley, senior grand warden; w. q’
England, Cedartown, junior grand war
den.
The following officers were appointed-
Harry G. Edenfield, Millen, grand
chaplain; John R. Wilkinson, Atlanta,
senior grand deacon; Frank W. Coffin
Augusta, junior grand deacon; Frank
F. Baker. Dalton, grand marshal; B. S.
Patterson, Lawrenceville, first grand
steward; George H. Fields, Bainbridge
second grand steward; W. A.
Athens, third grand steward; Lee
Wages, Macon, grand tyler.
Retiring Grand Master George M. Na
pier was presented with a past grand
master’s jewel.
No effort was made by the Rome del
egation, as was contemplated, to change
the constitution so as to enable the
grand lodge to meet elsewhere than in
Macon.
u. d. cTdelegates
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 all
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 2:30
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
& Clothing 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 ■ right the whale lystea hriol
CARTER’S LITTLE
LIVER PILLS wiD
gently awaken yow I
sluggish, clogged- =“s
up livet and cure (Jwl L*M
constipation, WATTLE]
upset
in- ■ MUL
active aMMBH
bowels,
low es appetite, rich headache and duxmeea
Purely vegetable. You need them
Small PUL Small Data. Small Prtee»
The GENUINE mart bear signature
The
Also Tues., Wed. Mat. and Wed. Night
10 UISI ANA
World’s Record Musical Comedy
■hmm I I 356 Times
in Chicago
Prices 25e, > 50c ! _75c li< J1 ; 00 and $1.50
THURS. and FRI., Special Mat. Frl.
LOUIS MANN
In the Comedy Drama
“ELEVATING A HUSBAND”
Nights, 25c to $2; Mat. 25c to $1.50.
500 Good Seats at SI.OO Friday Matinee.
SEATS NOW SELLING.
p Week Oct. 28, Mats., Tues., Thurs., Sit. f
Q LITTLE 0
R EMMA BUNTING R
5 -IN- 5
y "TEXAS” V
T 8 Worth While Play You'll Like T
H NEXT WEEK‘‘LEKH KLESHNA'' H
GRAND— Keith Vaudevill
~ ™e APPLE OF PARIS” NEXT WEfK
' It. Minnl Amato b Co BERT
irfslan Pantomime , -ri it
lac Canine Penman
BISOH CITY FOUR
L oyd 5 Whitehouse. Ethel Mac- Dt.K
Donpugh, Sully b Hussey FlTl'
Dally Bargain Mats., Best Seats2<; c GIBBON I
LYRIC th w EE T
™E"TRAVkLTNG
SALESMAN
Next Week, "The
I
Is there anything you could
use a Want Ad for today?
Both Phones 8000.
—
J