The Atlanta Georgian
VOL7XE NO. 85-
CBEMATORV
INJUNCTION
GRANTEO
81 COURT
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 John T. Pendleton this after
noon granted an injunction restraining
the Board of Health from tearing down
the huge smokestack on the old crema
ory. over which political factions in
V.lanta have been wrangling for many
weeks.
The granting of the order to Alder
in McClelland is a nominal victory
for the Woodward forces, and will de
lay the destruction at least until the
niiyor-elect returns from the West,
,i here he has been making a tour of
investigation.
At the same time that the writ
against the Health Board was granted,
the temporary order against the city
is rescinded. The court pointed out
it the order was granted because
.. iii alth Board wanted to tear down
cookestack as a menace to life. If
>ad sought to condemn the entire
mt .-is n nuisance it would have been
•thin its authority.
Mayson Points Out
Perilous Condition.
City Attorney James L. Mayson
plead that the stack was in a danger
ous condition and liable to fall, thereby
damaging both life and property.
Aiderman John E. McClelland con
ended that the stack was not In a dan
gerous condition, and that it was as ca
pable of use as It had been for several
months.
Judge Pendleton refused to admit any
verbal testimony In the hearing. He
would allow only affidavits to be intro
duced. Aiderman McClelland declared
that he had not been able to get a
number of affidavits because the wit
nesses desired had been closeted with
the city attorney.
Judge Pendleton said he would not
enjoin the city council from tearing
down the smokestack or the whole cre
matory. He said the council had full
authority In such matters. The only
point, he said, was whether the board of
health was exceeding its authority, lim
ited to only sanitary affairs.
Aiderman McClelland lost the first
point In the case when Judge Pendle
ton refused to postpone the hearing
until tomorrow. The hearing was post
poned from 9 o’clock until 12 o’clock
today.
City Attorney Mayson said he would
not make the point against Mr. Mc-
Clelland that he was acting In viola
tion of the city charter in appearing
as an attorney against the city.
Wilmer L. Moore, president of the
hamber of Commerce, has called a
wetlug of the directors for this after
noon to urge an immediate solution of
Hr- garbage problem. He said the
“‘■amber wanted to find out if the fight
•ver the building of the new crema
ory. the work on which can not begin
iri, il the old one is torn down, was
rompted by real merit or was political
tactlonalism.
Too Serious to be
A Political Issue.
He said if it was merely political fac
-ona.ism, the matter of garbage dis-
J' M ai was entirely too serious to be de
'a'\,, a factional fight.
; rman A. H. Van Dyke said today
if the injunction against tearing
7', r ‘ *"** smokestack of the old cre
• jati.iry was granted, he intended to do
.e could to force the board of health
’ 'f’ume the use of the old crema
..\,. as a garbage disposal plant.
e . " u ght to get another site for
•• ■ new crematory, any way,’’ said the
j•• ■ rnian. "We can’t afford to stop the
* ’• i g ot garbage in the old crema
iva,n<' t ' u,n P it around the city to
negro caeFdriver
CONFESSES HE SLEW
WIFE WHILE DRUNK
jpr , Hrowder, a negro cabman of
avenue, walked IrKo police
\ S ’> -s afternoon and confessed
mg his wife The police had not
, •• the crime. He further stated
• ■ riinHej pne( , | )H( j g(J on
" nothing but the death penalty
give Mm re || p f
lo 'he cdbman. lie went
■ I'd q night and, while drunk,
i Mlie died Friday and
uurleu Saturday.
Read For Profit—GEORGIAN WANT ADS—Use For Results
Reno Divorce Milk to,
Close Permanently as
Result of *l2 Election'
Waves of Reform Strikes Nevada. 1
Legislature Pledged to More |
Stringent Laws. -
RENO, NEV., Nov. 11.—The Heno 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 i
the selection of a legislature with a j
majority opposed to the present lax 1
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.
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 days 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 of the weather bureau ex
perts are going to meet in Atlanla this
week. As a result, the whole thing has
become muddled and now we’re going
to have wet, sloppy rain al! cay Wed
nesday. It doesn’t do to have too many
fingers in the pie,” he sighed,
AUGUSTAPREACHER
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.
location 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.
ITALIAN GANCTSLEW
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
fiosltlve Identification of the body. The
nftlals, “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.
RACES
RESULTS.
AT PIMLICO.
First—Virile, 15-1, first: Lawsuit, 2-1;
Lace, out. Also ran: Scallywag, Flying
Fairy, 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 —Collgny, 7-2, first; The Prophet,
3-5: Shannon River, 3-5. Also ran: Slmon
dale, Buckthorn.
Fisth —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, Malden 2 year olds. 6
furlongs (16): Golden Vale 115, Rhomb
112, Kewessa 115, Mohawk Boy 115. Fly by
Night 112, xChlcade 107, xWhisper Belle
10«7 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, Himatlon 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, Solorna 108,
John Reardon 102. Frog begs 126. Mission
103. Bounder 102, Alrey 102, Stairs 84
FOURTH—Three year olds and up, con
solation steeplechase handicap, 2 miles
(8): Dissenter 135, Relluf 145, Red Squir
rel 130, Shannon River 132. Simondale 125,
Black Bridge 136, Bello 146, Rennault 133.
FIFTH owners handicap, 3 year olds
and up. mile and an eighth: Frog Legs
125, Sam Jackson 107. Blackford 105, Dr.
I manner 111, Springboard 98. Guy Fisher
113, Bwana Tumbo 109.
SIXTH Selling. 3 year olds and up.
mile and an eighth tlOt: Charles F
Grainger 116, Frank Purcell 113. Lawton
Wiggins 116. xAdolante 100, xLltile Ep
100, < mtlan 109, Accord 111. Agementlcua
106, xTaboo 107, Billy Vanderver lift.
xApprentlce allowance claimed
Weather clear; track foal
HUSBAND
FATALLY
SLASHES
BBOKER
Young Clubman Dying After
Attack in Home of New
i
York Woman.
SON OF ONE OF LEADING
PHILADELPHIA FAMILIES
Victim Flees House and Falls
Unconscious in Nearby Park.
Assailant Escapes.
NEW YORK, Nov. ll.—Frederick
Judson, Jr., 21 years old, a broker and
member of the well-known Judson
family of Philadelphia, residing at the
Racquet club, on Locust street, that
city, was fatally stabbed late this aft
ernoon 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, ft 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
the presence of Judson, returned un
expectedly shortly before 3 o’clock and
opened the doo of his apartment with
a night key and smrrtscd JudsonTlbT
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.
DEAL FOR TINKER TO
MANAGE CINCINNATI
REDS IS COMPLETED
CHICAGO, Nov. 11.— Announcement
was made today that a deal whereby
Shortstop Tinker, of the Cubs, will be
come the manager of the Cincinnati
Reds had been completed.
This announcement was made after
a lengthy conference between President
Murphy, Evers and Tinker this after
noon.
embezKementTharged
AGAINST COTTON OIL MEN
SAVANNAH, GA.. Nov. 11.—W. O.
Brown, local manager of the cotton
seed department of the Southern Cot
ton OH 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.
DR. THOMAFgREEN GIVES
LECTURE AT TABERNACLE
Dr. Thomas E. Green, the noted lec
turer, traveler and author, will appear
at the Baptist Tabernacle this evening,
November 11. as the third number on
the Alkahest Lyceum Course. The ad
mission to those not holding season
tickets will be 50 cents.
Dr. Green's subjeci will be "America,
'he World's Peacemaker —A Study of
Destiny.” This lecture was prepared
on a recent tour made by Dr. Green
around the world.
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. 8. Shope, editor of
The Dalton Citizen; M. K. Horne, J. C.
Osborn, J. M. Johnson, A. L. Edwards,
B L. Henrtslll, former editor of The
Argus; J. G. McLellan, Judge Joseph
Bogle, ordinary, and D. C. Jones.
ATLANTA, GA., MONDAY, NOVEMBER 11, 1912.
Caruso Comes Back to America With New Medals Galore
CARGO OF MELODY ON LINER
ilr
If ' ' \
JHIS
flHr r ~ -- If
■F «
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fl
\ »J -—3— IcKw
W j . ...
~A a*.., ■ . H
’ ❖ Wk
Geraldinp Farrar, the American
Adeline Genee, the dancer, who "pern singer, who is back from
has returned to tour America. Kurope. alter an illness.
LIVE ‘OEM’ MIN
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 Appalachl
cola river one moonlight night almost
three years ago. already has been lodg
ed In the Crisp county 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 detectives.
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 Fenn 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 have
Fenn returned and sent to the peniten
tiary for conspiracy to defraud.
TAUOHT CLASS AT 75.
COLUMBUS, GA., Nov. 11- Mrs M.
S Jones, whose funeral was held here
yesterday with interment In Pine Grove
cemetery, Phoenix City, Ala., although
75 years of age, taught a Sunday school
clara until a w eek before her death.
Enrico Caruso, who has arriv
ed in America decorated 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 titan 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. W’hat’s the difference to an
artist? Politics and opera have noth
ing in common.”
Caruso won W-not talk of the law suit
which he won in Milan. The only top
ic that interested him was thi; number
of decorations presented to him by
European royalties.
During the summer lie sang tn 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
the 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 voice 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 Destlnn and Leo Slczak,
the six and a half foot tenor, were
other passengers. Slezak was accom
panied by his wife and son and daugh
ter. Dinh Gllly, the Arabian baritone;
Adamo Didur, the basso; Carl .lorn,
tenor; Herman Weil, baritone and Bar
mi Marcoux, baritone, completed the
llrt of stars who come to join the Met
ropolitan’s .forces.
Adeline Genee, the celebrated dtm
seuse, who will make a tour of tills
country, assisted by a symphony or
chestra, was also on board.
EDITION *
sMowm
GET FINAL TEST
Commissioner Oscar Elsas, who
called a halt on tiie 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.
Bftth 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
liis 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'ieslre 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. W. C. A. WORK
WASHINGTON, Nov. 11—Miss Jes
sie Wilson, second eldest daughter of
the presiilent-elect, lias 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 next.
2 CENTS EVERYWHERE M,’,,’"’
WILLCALL
CONGRESS
IN EXTRA
SESSION
Wilson, Influenced by Prepon
derance of Opinion, Practi
cally Admits So Deciding.
NATION-WIDE DEMAND
FOR CALL, HE ASSERTS
Majority of New House of Rep
resentatives For Immediate
Tariff Revision.
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 day."
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 ppposltlon
to the extra session. The demand for
I an extra session appears to be nation
| wide. I had fully intended not to an
nounce 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 tn 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.
Plana Forming * i -
For Party Control.
Following the assurance that the
Democrats will control the senate for
the purpose of legislation and the pros
ecution of ordinary- partisan legisla
tion. lines are already being laid for
controljwlthtn the party. This fore
shadows a sharp struggle between 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 supi rted by 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 directed 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
Flor Ida with Mrs. Bryan. The Com
moner, however, declined to give ar
opinion on the extra session question or
to say whether he will accept or reject
a place in President-elect Wilson’s cab
inet.
".Mr Wilson has discussed and em
phasized the importance of both the
