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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 At the same time that the writ against the Health Board was granted, the temporary order against the city is rescinded.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 « % ''' 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