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The Atlanta Georgian Read For Profit—GEORGIAN WANT ADS—Use For Results VOL. XL NO, 85. ■■ HUM GRiNIEO HMI Judge Pendleton Issues Writ on Ground That Board Exceeds Authority. SUGGESTS THAT POWER RESTS WITH COUNCIL McClelland Pleads For Saving of Old Plant—Mayson Points Out Perils. Judge Joan T. Pendleton this after bion granted an injunction restraining lie Board of Health from tearing down ,he huge smokestack on the okl crema ,ry. over which political factions in Atlanta have been wrangling for many weeks. The granting of the order to Alder- . n McClelland is a nominal victory for the Woodward forces, and will de ar the destruction at least until the .vor-elect returns from the West, ■.vliere he has been making a tour of nvestigatlon. At the same time that the writ gainst the Health Board was granted, ■lie temporary order against the city s rescinded. The court pointed out hat the order was granted because be Health Board wanted to tear down •1 . smokestack as a menace to life. If t had sought to condemn the entire ■'ant as a nuisance it would have Been .ithin Its authority. Mayson Points Out Perilous Condition. City Attorney James L. Mayson ? td that the stack was in a danger* ■his condition and liable to fall, thereby ging both life and property; tlderman John E. McClelland con •.-nffiii that the stack was not In a dan .,•-rous • ondition, and that ft was as ca- ■ l.h of use as it had been for several months. Judge Pendleton refused to admit any . • rbal testimony in the hearing. He • mid allow only affidavits to be Intro uc c. Aiderman McClelland declared Cn.it ht had not been able to get a number of affidavits because the wit nesses desired had been closeted with the city attorney. Tudgt Pendleton said he would not n.ioin the city council from tearing own the smokestack or the whole cre matory. He said the council had full • i.hority in such matters. The only •"Lit. he said, was whether the board of .dth wi>< exceeding its authority, lim- •i to only sanitary affairs. Alderman McClelland lost the first ■int in the ease when Judge Pendle ■•l (.fus.-d to postpone, the hearing mi tomorrow. The hearing was post- • i-o from 9 o’clock until 12 o’clock ■ .' Attorney Mayson said he would makt the point against Mr. Mr- ' ••■ibind that he was acting In vlola "b •! the city charter in appearing • nn attorney against the city. ■ ‘lnter L. Moore, president of the lumber of Commerce, has called a t>ng of the directors for this after •n •■ urge an immediate solution of garbage problem. He said the ■<i u.i-r wanted to find out if the fight ' ' tn* building of the new crema •• work on which can not begin li| ii th; old one torn down, was • by real merit or was political ■•” tionalism. Too Serious to be A Political Issue. '■ --'i'l if it was merely political sac " ‘a ism. the matter of garbage dis was entirely too serious to be de a fac t>onal fight. r'?k irl Van Dyke said today ■ the injunction against tearing ‘ tne -mokestack of the old cre ' aas granted, he intended to do ”>ud to force the board of health • ume the use of the old crema* A ' * garbage disposal plant ■... ' might to get another site for ; ■n\, Cre .?,’.® t " r5 ’ an y way.” said the I'U'i '■ J can’t afford to stop the t., iv , garbage in the old crema* IJ( „ " dllm P it around the city to NEGRO cab driver C ONFESSES HE SLEW WIFE WHILE DRUNK '• \it I,PIu n ‘‘< r ° cabman of i.i, i 1 " “venue. walked Into police 1,1 k i a . rtern, K»n and confessed JU? ' " fp The police had not h e r , r ,n *‘- He further stated ,U ' ,n! ' , 'lenve had so weighed on ' ' n,, » >ing but the death penalty v him relief ■ TL.' l n . S '< cabman, he went • h-tdkht and, while drunk, '• a.-, buri, i o' H|l, ‘ died Friday and uurt<d Huturduy. , Reno Divorce Mills to Gose Permanently as Result of *l2 Election Waves of Reform Strikes Nevada. Legislature Pledged to More Stringent Laws. RENO, NEV., Nov. 11.—The Reno di vorce mills will probably be permanent ly closed after the first of the year, as a result of the reform wave that has swept the country. One of the sur prising results of the recent election is the selection of a legislature with a majority opposed to the present lax state divorce laws and pledged to the enactment of stringent statutes. Under the present laws thousands of people have come to the state to secure divorces. ITALIAN GANG SLEW GIRL FOR REVENGE IS NEW POLICE THEORY GEORGETOWN, CONN., Nov. 11.— That the young woman whose body was found early Saturday- morning In the mill pond near here was murdered for revenge by a gang of Italians and that the murder was committed at some distance from the scene where the corpse was found and brought to the scene in a wagon, was clearly estab lished by the state police today. Little progress has been made toward positive identification of the body. The initials. “G. C.,” embroidered on cloth wrapped around the body and the gold ring which the woman wore furnish practically the only clews to her Iden tity. The theory that the woman was killed as an informer in the local liquor raids of a week ago is believed to have been practically- abandoned and Prosecutor Bars, of Danbury, says that no woman gave any evidence. WEATHER EXPERTS EXPECTED TO BRING RAIN WITH THEM •Weather Forecaster VonHerrmann, of the Atlanta bureau, is scanning the sky with a dubious eye this afternoon and sadly shaking his head. ‘‘Too many cooks spoil the broth,” he remarked. “Have you ever seen two prettier day-s than Sunday and today? I never have. Tomorrow is going to be the same, too.” ‘'Why are you looking so worried, then?” queried the reporter. “Because all the weather sharps are coming,” responded the local guesser. “Thirteen pf the weather bureau ex perts are going to meet in Atlanta this week. As a result, the whole thing has become muddled an<i now we’re going to have wet, sloppy rain all day Wed nesday. It doesn’t do to haye too many fingers in pie pie,” he sighed. AUGUSTA PREACHER AND NEWSPAPER MAN HAVE STREET FIGHT AUGUSTA, GA., Nov. 11.—J. Marvin Haynie, city editor of The Augusta Chronicle, and Rev. Osa P. Gilbert, pastor of the Second Baptist church, had a physical encounter at noon to day in the heart of the business dis trict, while hundreds looked on. Both participants were arrested and must face Recorder Irvin tomorrow morning. The disagreement arose over the pub lication of a church notice. The two met at noon and Haynie repeated what he had said over the telephone. The minister made a pass at the newspaper man and the two clinched and fell to the sidewalk. When the police arrived the honors were about even. RACES RESULTS, AT PIMLICO. First —Virile, 15-1, first; Lawsuit, 2-1; Lace, out. Also ran: Scallywag, Flying Fairv, Robert Bradley, Grosvenor and Sklbbereen. Second —O’Em, 5, first; Troy Weight, 1; Golden Castle, 1. Also ran: Spring mass, St. Joseph, Spin, Rose F., Detect and Ragusa Third —Ivobel, 1, first; Joe Knight. 8-5; Yellow Eyes, 1-2. Also ran: Patrick S., Napier. Emperor William, Onager, Hoff man, Working Lad, Racquet. Fourth —Collqny, 7-2, first; The Prophet, 3-5; Shannon River, 3-5. Also ran: Slmon dale, Buckthorn. Fifth—Leo Chares. 9-10, first: Briar Path, 2; Tarts, out. Also ran: Genesta, Trifler, Battery, Mary Ann K., Kinderlou, Wanda Pitzer. Sixth —Fred. Mulholland, 3, first; Henry Hutchinson, 4-5; Col. Cook, out. Also ran: The Squire, Royal Message, Lord Wells and Chemulpo. "entries?" AT PIMLICO. FIRST- Selling. Maiden 2 year olds, 6 furlongs (18): Golden Vale 115. Rhomb 112, Kewessa 115, Alohawk Boy 115, Fly by Night 112, xChicade 107, xWhlsper Belle 107, Novelist 112, Jonquil 112, Frank Hud son 115. Bluen Belle 112, Syosset 112, Sklbbereen 112, Repentant 112, Goldy 112, Astute 112. SECOND—Six furlongs, 3 year olds and up (9): Eadbald 115, Hirnation 111, Mon golian 108, Ceremonious 115. Pride of Lis more 115, The Rascal 118, Occonechee 115, Besom 115, Lothario 118. THIRD —Two miles, 3 year olds and up (8): Colonel Holloway 102. Soloma 108, John Reardon 102, Frog Legs 126. Mission 103. Bounder 102. Airey 102, Stairs 84 F.OURTH- Three year olds and up, con solation steeplechase handicap. 2 miles (8): Dissenter 135. Relluf 145, Red Squir rel 130. Shannon River 132. Sltnondale 135. Block Bridge 138, Bello 148. Rennault 133. FIFTH -Owners handicay, 3 year olds and up. mile and an eighth: Frog Legs 125. Sam Jackson 107. Blackford 105, Dr. Duenner 111. Springboard 98, Guy Fisher 113. Bwana Tumbo 109 SIXTH Selling, 3 year olds and up, mile and an eighth (10>: Charles F. Grainger 115 Frank Purcell 113, Luwtol' Wiggins 115, xAdolante 100. xl .tie E|> 100, Outlan 109. Accord 111, Agenientfcus 106. xTaboo 107. Billy Vanderver 115 xApprentice allowance claimed. Weather clear, track fast. ATLANTA, GA., MONDAY, NOVEMBER 11, 1912. HUSBANO FATALH SLASHES nnni/rn oHuKLn Young Clubman Dying After Attack in Home of New York Woman. SON OF ONE OF LEADING FAMILIES OF CHICAGO Victim Flees House and Is Found in Nearby Cellar. Assailant Escapes. NEW YtiRK, Nov.. 11.—Frederick Judson, Jr., 21 years old, a broker and member of a well-known Chicago family, was fatally stabbed late this afternoon in the apartments of a Mrs. Danna on the fourth floor of No. 3 West One Hundred and Fourth street ’ by her husband, who escaped. The husband, it was said, had long suspected the alleged intimate rela tions existing between his wife and ■ young Judson and had set a watch. • Judson, so It was said, reached this city this morning from Philadelphia ' and went immediately to the Danna apartment. The husband, warned of tlie presence of Judson, returned un expectedly shortly before 3 o'clock and i opened the door of his apartment with • a night key and surprised Judson and his wife. . Fatally Stabbed By Irate Husband. Judson, it was said, started to run toward the hall, but was caught by the Irate husband, who dragged him back Into the room and slashed him a half dozen times about the face, neck and body. Weak from loss of blood. Judson managed to stagger down the stairs to the street and crawled around the cor ner Into the basement of 446 Central Park. West, where he was found by Mrs. Bennett, the housekeeper. Judson was taken to J. Hood Wright hospital, where late this afternoon it was said he can ont live through* the night. The stabbing, the police say. was done with a pocket knife. No state ment could be obtained from Judson. After the stabbing Danna changed his clothes and disappeared and de tectives have been unable to find any trace of him. Wounded Man Lives in Chicago PHILADELPHIA, Nov. IL—Thomas J. Andrews, cashier of the First Na tional bank of this city, left this even ing for New York. He is a relative of Frederick Judson, a wealthy young Chicago broker, who has been staying at the Racquet club in this city, where he was ‘put up” by a prominent broker at the request of Mr. Andrews. Judson also occupied a room for some time at the University club. DEAL FOR TINKER TO MANAGE CINCINNATI REDS IS COMPLETED CHICAGO, Nov. 11.—Announcenient was made today that a deal where by- Shortstop Tinker, of the Cubs, will be come the manager of the Cincinnati Reds had been completed. This announcement was made after I a lengthy conference between President Murphy, Evers and Tinker this after noon. embezKement'charged AGAINST COTTON OIL MEN SAVANNAH, GA., Nov. 11.—W. O. | Brown, local manager of the cotton I seed department of the Southern Cot ton Oil Company, has been indicted by a grand jury of the superior court of Chatham county on several charges of embezzlement. The accused will be ac corded a trial on November 19. Friends of Brown have done every thing in their power to keep the facts from becoming public. SEVERAL WOULD SERVE. DALTON, GA., Nov. 11.—Several lo cal Democrats are being prominently mentioned for postmaster here since the Democratic success of last Tues day. Among those who are said to be applicants are T. S. Shope, editor of The Dalton Citizen: M. K. Horne, J. C. . Osborn, J. M Johnson, A. L. Edwards, SB. L. lleartslll. former editor of The Argus; J. G. McLellan, Judge Joseph Bogie, ordinary - , and D. C. Jones. Caruso Comes Back to America With New Medals Galore CARGO OF MELODY ON LINER • ft . , .—— \ / sSfl S - la : Sy: Geraldine Farrar, the American Adeline Genee, the dancer, who opera singer, who is back from has returned to tour America. Europe, after an illness. LIVE ‘DEAD’ IMII MAY FACE TRIAL That Augustus J. Fenn, the promi nent south Georgia lumberman who disappeared several years ago and was reported drowned, may be prosecuted in the Georgia courts for conspiracy to defraud two Insurance companies was Intimated by an officer of the Southern States Life Insurance Company today. R. H. Roberts, one of the men who swore in open court that he saw Fenn fall out of an open boat and disappear beneath the waters of the Appalachi cola river one moonlight night almost three years ago, already has been lodg ed In the Crisp founty jail charged with perjury and his partner, J. S. Land, who swore to the same thing, is being sought by the officials of the county on the same charge. The officials of the Southern States Life expect the trial to bring out some unusual developments. If their expec tations are fulfilled. Fenn, who now is in Texas or Mexico, will be appre hended by detectives and brought back to Georgia to face the charge of con spiracy. He was released at New Or leans several weeks ago after being found at the end of a two-year search by.the Pinkerton detective*. Land, who was said to have been in the boat with Roberts and Fenn, has disappeared and no trace of him can be found In Crisp county or the surround ing’ country. Roberts, who Is in jail, absolutely refuses to talk. The insur ance officers say they will prove that but two men started down the river in the boat, those two being Land and Roberts, and that Fentj framed it up with the two to pretend that he was drowned. When Fenn was apprehended in New Orleans, his wife, who actually believed him drowned, according to the insur ance officials, was winning a suit for $15,000 life insurance which he carried. The trial of Roberts and of Land, if he is caught, will take place at the next term of the Crisp superior court. If at that time a conspiracy is proved the insurance company will seek to havt Fenn returned and sent to the peniten tiary for conspiracy to defraud. TAUGHT CLASS AT 75. CQLUMBUB, GA., >Jov. 11.- Mrs. M. S. Jones, whose funeral was held here yesterday with Interment In Pine Grove cemetery, Phoenix City. Ain., although 75 years of age, taught a Sunday school class until a week before her death. Enrico Caruso, who has arriv ed in America deeorfifed with, many new medals. Geraldine Farrar, Too, Re turns. Radiant With Health and Spirits. NEW YORK. Nov. 11.—The greatest array of operatic talent that ever reach ed this city at one time arrived last week aboard the steamer Kronprinz Wilhelm. With more decorations than his broad chest could display, Enrico Caruo came smiling down the gangplank inquiring the result of the election. When told that Woodrow Wilson represented the people's choice, he replied: “It suits me, but I should have been just as satisfied to see any one else elected. What’s the difference to an artist? Politics and opera have noth ing in common.” Caruso would not talk of the law suit which he won in Milan. The only top ic that interested him was the number of decorations presented to him by European royalties. During the summer he sang in Vien na, Stuttgart, Munich. Berlin and Ham burg. The German emperor, who heard Caruso sing in one of Puccini’s operas, sent for and decorated him with the Order of the Red Eagle. A week later <he king of Wurtemberg bestowed the Art and Science medal, and a month later he received the Order of St. Mich ael from the Prince Regent of Bavaria. Geraldine Farrar, looking more charming than ever, despite the fact that she has been ill in Berlin, de clared she was in better vpice than ever. The announcement of Scotti’s en gagement to Charlotte Ives was news to her. she said, but Scotti has not for a long time interested her. she added. Mme. Emmy Destirin and Leo Slezak. the six and a half foot tenor, were other passengers. Slezak was accom panied by his wife and son and daugh ter. DlnEi Gllly, the Arabian baritone; Adamo Dldur, the basso; Carl Jorn, tenor; Herman Well, baritone, and Bar mi Marcoux, baritone, completed the llrt of stars who come to join the Met ropolitan's forces. Adeline Genee, the celebrated dan seuse, who will make a tour of this country, assisted by a symphony or chestra, was also on board. PFINAL SMOKEBOARDTD GET FINAL TEST Commissioner Oscar Elsas. who called a halt on the plan of the com mission to force owners of offending plants to comply with the smoke ordi nance, has urged critics of the smoke commission to stay their judgments until after the meeting tomorrow. He told Councilman Smith that he would convince all reasonable persons that he was working sincerely to abate the nuisance in Atlanta. Facing abolishment by council, the smoke commission will meet tomorrow afternoon at 4 o’clock to make a final decision as to its attitude on the war to abate the smoke nuisance. Both R. M. Harwell, chairman of the smoke commission, and Councilman Charles W. Smith, father of the smoke ordinance, said today that the next move in their fight to have the smoke commission abolished would be deter mined by the action of the board to morrow afternoon. To Force Board's Hand. Chairman Harwell said he would force the hand of the commission by bringing definite cases of violations of the smoke ordinance before it. He said he would see if the commission was willing to take any more cases to the recorder's court. “But I can foresee little hope of get ting any good results with some of the members of the commission so obvi ously opposed to enforcing the smoke ordinance," he said. Councilman Smith said today that his whole desire in the matter was to eliminate the smoke evil. He said that he virtually had been convinced that the smoke commission was not working to this end, and that he had prepared an ordinance to abolish the commission. But he said he was open to convic tion, and that he had no desire to abol ish the commission If it proved that it would work In good faith to enforce the law. WILSON’S DAUGHTER TO LEAD IN Y. A. WORK WASHINGTON, Nov. 11--Miss Jes sie Wilson, second eldest daughter of the president-elect, has made known her Intentions to the local branch of the Young Woman's Christian associa tion here of assuming an active part In the affairs of that organization when her father steps into the white house on March 4 ue»* 2 CENTS EVERYWHERE HULL CULL CONGRESS 111 EXIRA SESSION Wilson, Influenced by Prepon derance of Opinion, Practi cally Admits So Deciding. NATION-WIDE DEMAND FOR CALL, HE ASSESS Majority of New House of Rep resentatives For Immediate Tariff Revision. t PRINCETON, N. J., Nov. 11.—That he has finally decided to call an extra session of congress to take up the promise of tariff revision after he takes his seat on March 4 was indicated by President-elect Wilson today-. How ever, the governor*proposes to continue the attitude of a listener for a few days more at least, though it will not be sur prising if the governor announced his determination to call an extra session before leaving for his vacation Satur day. When the question of an extra ses sion was put to the governor he re marked : “The consensus of opinion In favor of an extra session is very interesting In deed. I have been much Impressed by it. I have heard very little opposition to the extra session. The demand for an extra session appears to be nation wide. I had fully intended not to an notlhce what I propose to do in regard to calling an extra session until I got back from my vacation, but I may have to do so earlier. However, I want to hear more expressions on the subject.’’ It is known that during the past few days the governor has received many letters and telegrams from leading Democrats throughout the country urg ing him to announce his decision at once. House Members Map Program WASHINGTON, Nov. IL—A poll of Democratic members of the new house of representatives shows a decided majority in favor of calling an ex tra session of congress to revise the tariff. Leaders of the party now in Wash ington declared today that this un doubtedly- would have great weight with President-elect Wilson, who has stated that he is in a “listening” at titude. The call for tariff revision, they- say, will go forth as soon as Mr. Wilson assumes office. So sure are they of this that a definite program has been mapped out; 1— Revision downward of the Payne-Aldrich tariff bill, which was one of the great issues in the pre election campaign. 2 The continuance of Champ Clark as speaker of the house. 3 The continuation of Oscar W. Underwood, majority leader of the house. Plans Forming For Party Control. Following tho assurance that the Democrats will control the senate foi the purpose of legislation and the pros ecution of ordinary partisan legisla tion. lines are already being laid for control within the party. This fore shadows a sharp struggle betw-een the so-called progressive element of the party for the control of committee ma chinery of the upper house. Rumors of the impending clash based upon sentiments privately ex pressed by the progressive Democrats were supr .-ted tty the arrival in Washington of William Jennings Bryan and the announcement, that Colonel Bryan would remain here prob ably a week. Colonel Bryan inspir ed and dlcected the organization of the Democratic progressive senators at the beginning of the present congress into a combination opposing the election of Senator Martin, of Virginia, as minor ity leader. Congress, after March 4. will be dom inated by progressives Democratic in fluence, In the opinion of Mr. Bryan, who is In Washington on his way to Florida with Mrs. Bryan. The Com moner, however, declined to give an oplniort on the extra session question or to say whether he will accept or reject a place in President-elect Wilson’s cab inet. “Mr. Wlleon has discussed and em phtisiced the imporwnce of both the