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2 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 ■ ; ~4 < ' UMS ■W- ■ ■ mm MMska ■™ W JI Llj.mK ' a 7 ' /' * i Wi > dfc' • Mil tfiH I' I ~ Mil' M'• - .* 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. 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