Newspaper Page Text
I,^—
r THE weather
Rain tonight; Tuesday fair and
n ider Temperatures: Ba. m., 49
10 a. m., 50 degrees; 12 noon,
d ’ S ,trees' 2 p. rn.. 61 degrees.
53 degrees. e
103.
fMOSHELPi
DELEDNTO
tIEW
mins
Contractor Strangely Missing
Since August Expects to Re
gain Business Prestige.
CREDITORS WILL AID HIM ;
UNTANGLE HIS ACCOUNTS
Refuses to Discuss Further His
Mysterious Disappearance
and Wanderings.
Moise DeLeon, recovered in a degree i
from shock and suffering since his re- ,
turn from his world wanderings, is get- |
ting his papers together today and tak- i
Inc the first steps toward establishing |
himself once more as a man of busi- ,
” C He came home to And himself in
bankruptcy, his bondsmen in charge of
his courthouse contract, and all his
property in the hands of a trustee.
But even with all this he is only about
Sls 000 behind in his finances, a small
* m to a man of Deleon’s business
ability and energy. And there is not a
shadow nor a stain on his record.
That he soon will rehabilitate him
self and once more handle large build
ing contracts is the confident belief of
his friends.
Creditors Extend
Every Courtesy.
Friends and creditors of DeLeon are
planning to meet him this afternoon or
tomorrow and go fully into his ac
counts. with a view to helping him get
on his feet again.
"I have never in my business career
seen such a unanimity of feeling to
ward a bankrupt, such a desire to aid
him to re-establish himself, as in this
ease of Moise DeLeon,” said one of the
friends today. "Every creditor in the
list is willing and anxious to extend
whatever time or credit is necessary to
put him on his feet.
“They all have perfect confidence in
his probity and his ability to make good.
They never lost this confidence during
his absence. They had perfect faith
that he would return and straighten
things out, and their disposition is to
work witli him until his debts shall be
cleared off.”
-Mr. DeLeon, at his home, 744 Pied
mont avenue, declined to see reporters
today, saying that he did not wish to
say anything for publication until he
could write a statement in his own
words. But he was most appreciative
of the friendship shown him by his old
companions in Atlanta.
There had been a constant stream of
callers at his house, and messages over
the telephone since The Georgian’s ex
clusive story Saturday of his return
from Australia, and every friend offer
ed assistance and expressed confidence
in Mr. DeLeon’s ability to lake up busi
ness again and succeed.
Mr. DeLeon was much clearer in his
mind today than at any time since he
iecovered consciousness in the sailors'
hospital at Sydney, Australia. Whether
he was “shanghaied” on board the ship
"here he became ill or whether he vol
untarily was a passenger he does not
know.
Mind Blank From
Day of Disappearance.
Everything that happened to him
s*nee that day last August when he was i
walking down a Chicago street is en- ■
forgotten. The period between I
’hat day and the morning he came to !
‘•‘lf, after several weeks in the Syd- I
•>>pital, is a perfect blank. It Is so
any W 8 torn out of his book of life. I
t may be that an operation, if he de-
C , l " son on '• ma y restore memory of
■■■•’ period. It may be that the events
dark days may return to his
•’■" ■’•J gtadually. But now he simply
‘lues not know.”
he'b' >f the ho - spital told him
- •> en taken out of the steerage
hai n , tSe COttl - Cttr rying ship, which
was 11 . Iro,n Va nc’ouver; that he
it w . ufferln 8 from brain fever, and
his eks he could tell
Ronal t m l,is a dd reßs .
feeciv.-r-- .‘' nsorn an d H. L. Frazier, his
°f Mr d i '' Prepared a careful list
Th,' '’' on ' B assets and liabilities,
to ie'en to the latter
a «mail su’i i't th< ’ * 15 ’ 000 difference is
credit un i '<’* lUan ° f DeLeon’s usual
'hat Mr r‘" W ab " ily - It may be
his boner . " U1 be permitted by
court hous/ ' C'oPafiy to take up the
,hp comp;;."’ ’'v' 1 ■ n , d complete it, or
''th the w.A :!?, p cefer to go ahead
’r" oli M Det 8 !ii yet ,o be settled
Piedmont owns his home in
,n th,-, ’1; ” one-third interest
D ttr,.,.;, ‘ f ' "rsyth and Caetleber
*treet i O , ' a Whitehall
'’filling . , Brotherton street and
'. 41 ’e P'upertie? ro m? ll to I’orsyth, and
'us pugg,.,| t '. ; title tn all these!
u u, nts trustee '
s- f ' .
The Atlanta Georgian
Woman Is Ignorant of
j Duties of Notary, But
She Gets Commission
Court Agrees With Her Thatl
She’s No Worse Than Many
Others So Empowered.
Frankly admitting that she knew
nothing about the duties of a notary
public, Mrs. Beatrice Nelms, an at
tractive young woman, who went into
superior court today to get a coinmis-
I i
sion under the new law, told Judge Pen
dleton that she was not a whit worse in
this respect that half of the notaries
in Atlanta.
"You shouldn't be so severe with me,
judge," she said when the jurist ques
tioned her. "I can go right around the
corner and find a notary who doesn't
know any more about his job than I
do.”
When Mrs. Nelms appeared before
j the judge and asked for a notary's com.
i mission, the judge began a series of
J questions on the duties of office.
i “Do you know what to do as a nota
i ry?” he demanded.
Mrs. Nelms replied frankly that she
hadn’t the slightest idea.
“Well,” said the judge after ponder
ing a minute, “there are so many nota
ries in the same condition in Atlanta
that I might as well issue you a com
mission. You appear to be a bright
j young woman and want to learn. ‘That
I Is a lot more than can be Said of some
! of the others.”
i After questioning the judge as to the
I duties of her new office and taking
I voluminous notes upon his instructions,
j Mrs. Nelms departed from the court
| house a full-fledged notary.
WATER BOARD WILL
URGE COUNCIL MAKE
RESERVOIR SANITARY
A special meeting of the city water
board was called this afternoon to con
sider the letter of the health officers,
Dr. J. P. Kennedy and Dr. Claude A.
Smith, condemning the conditions
around the city water reservoirs. The
board will send a recommendation to
council urging that action be taken at
once to buy the private property ad
joining the waterworks plant.
Here is the condemnation letter of
the health doctors:
‘‘At the request of members of the
water board we made an inspection of
the land adjacent to the coagulating
basins and the new reservoir. We found
houses located on land immediately
above the coagulating basins and on
the back of these lots the surface clos
ets were within from 30 to 60 feet of
the coagulating basins. The natural
slope of this land was toward these
basins and it was evident that toilet
paper and drainage could pollute the
water. The conditions on one side of
the new reservoir were practiealy the
same. We would recommend that im
mediate action be taken to remedy
these conditions.
“We would suggest tiiat every pre
caution be taken to safeguard this
supply, and also the river watershed,
if such has not already been done.”
DIAMOND THIEF IS
BALKED IN PLAN TO
STEAL $1,500 GEMS
Following thwarted plans to filch a tray
of diamonds, valued at • $1,500, from a
show window in Greenblat’s store, 123
Peters street, the police and detectives
today are working to bag a gang of pro
fessional diamond thieves, believed to
have come to Atlanta for holiday opera
tions.
The discovery by Policeman J. B. Wil
son of what appeared to have been the
mere defacement of the big plateglass in
the window saved the tray of sparklers
and led to the investigation.
It was found that the thief, with a
diamond or glass cutter, had cut a sec
tion of the glass just big enough to per
mit of the removal of the tray. The
glass had been cut almost through, so
that a mere tap of the finger would have
caused it to fall out. Then, there would
have been nothing for the thief to do but
reach inside, slide out the tray of gems,
and dart away.
AGED SCREVEN COUNTY
WOMAN IS SURVIVED BY
JUST 115 DESCENDANTS
I SYLVANIA, GA- Dec. 2. —Mrs. Mur
tha Helmly, aged 85 years, is dead at
her home at Girard, Screven county.
She 4s survived by eight children. The
number of her descendants now living
aggregates 115, including children,
grandchildren and great-grandehlldrer..
Three months ago there was a reunion
at Mrs. Helmly’s home, which was at
tended by more than 100 of her de
scendants.
Mrs. Helmly’s children are R. F.
Helmly, of Savannah; H. P. Helmly, of
Shell Bluff; T. I. Helmly, of Augusta:
J. D. Helmly, of Bloomingdale; W. H.
Helmly, of Girard; Mrs. Sallie Maddox,
of Meldrim; Mrs. F. M. Helmly. of Sa
vannah, and Mrs. C. L Perry, of Girard.
All of her children have large families,
and most of them have grandchildren.
JOHN BERKELE SERIOUSLY
ILL AFTER GRIP ATTACK
John Berkele, one of the oldest residents
of Atlanta and retired member of the |
firm of Maier & Berkele. Is seriously ill at ’
his home, 3!*f> North Boulevard. Mr. Ber
kele has been in falling health for some
time, following an attack of grip. He re
■ tired from active business three years
ago.
Read For Profit— GEORGIAN WANT ADS—Use For Results.
HHBRIMHN'S
B.R.MERGER
ORREREOTR
DISSOLVE
j
Union Pacific Holdings Unlaw
fully Restrain Trade, U. S.
Supreme Court Finds.
COMPETITION SUPPRESSED
BETWEEN COMBINED LINES
Receiver To Be Appointed to
Handle Affairs While Court
Order Is Carried Out.
I
WASHINGTON, Dec. 2.—The su
preme court of the United States today
ordered the partial dissolution of the
Union Pacific merger, holding that it
constitutes a combination in restraint
of trade. Justice Day, who delivered
the opinion, said:
“The court reaches the conclusion
that the Union Pacific and Southern
Pacific systems, prior to the stock pur
chases, were competitors engaged in in
terstate commerce, acting independent
ly as to a large amount of such carry
' ing trade, and that after the accumu
! lation of the stock in question the dom
inating power of the Union Pacific has 1
suppressed competition between the
systems and has effected a combination
in restrain of interstate commerce
within the prohibition of the act.
I I Court Orders
: Combine Dissolved.
J "In order to enforce the statutes, the
j court is required to forbid the doing in
the future of acts like those which are
found to have been done in violation
1 thereof, and to enter a decree which
’ will effectually dissolve the combine
found- to exist in violation of the stat
utes.
I
“The decree should provide an in
-1 junction against the right to vote this
stock while in the ownership or control
of the Union Pacific Company or any
corporation owned by it, or while held
by a corporation or persons for the
Union Pacific Company, and forbid any
transfer or disposition thereof in such
wise as to conceal its control and should
provide an injunction against the pay
ment of dividends upon such stocks
while thus held, except to a receiver to
be appointed by the court, who shall
select and hold such dividends until dis
posed of by the decree of the court.
Court to Supervise
Dissolution.
“As the court below dismissed the
government’s bill, it was unnecessary to
' consider the disposition of the share of
stock acquired by the Union Pacific,
which acquisition, we hold, constituted
an unlawful combination in violation
of the anti-trust act. In order to
effectually conclude the operating
force of the combine such disposition
should be made subject to the approval
and decree of the court, and any plans
for the disposition of this stock must be
such as to effectually dissolve the un
lawful combine thus created. The court
shall proceed upon the presentation of
any plan to hear the government and
defendants and may bring in any addi
tional parties whose presence may be
necessary to a final disposition of the
stock in conformity to the views herein
expressed.
Decision Far Reaching.
' Says Wickersham.
The following statement was issued
by Attorney General Wickersham this
afternoon on the Union Pacific merger
decision:
“The court’s decision practically sep
arates the ownership of the Southern
Pacific from the Union Pacific, with the
possible exception of the extension from
Ogden, Utah, to San Francisco, as to
which there is a suggestion for an ar
gument.
"The decision is one of the most far
reaching opinions ever entered by the
court, being an extension of the decision
of the Northern Securities case."
RAILROADS OFSOUTH
T© BE INVESTIGATED
FOR DISCRIMINATION
WASHINGTON, Dec. 2.—That exten
sive rebates and discriminations are
practiced by railroads in the transpor
tation of cotton and its by-products
was announced today when the inter
-1 state commerce commission ordered an
[ investigation into the practices of rail
roads in handling this commodity at
I transit points.
I About 45 Southern lailroad systems
I are named its parties to the investi
gation.
ATLANTA, GA., MONDAY. DECEMBER 2, 1912.
Mrs. Dugas Holds Children While Court Ponders Case
BEN TILLMAN DEFENDS SON
WBSMHee®
W Mik
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Mrs. Lucy Dugas, former wife of Beu Tillman Jr., whose aged father is seeking to secure
possession of his son’s children.
Fright Seizes City as Cloud Forces Down Smoke
ATLANTA DARK AT 10 A, M,
When Atlanta’s skies became as dark
as night at 10 o’clock this morning and
remained that way for almost half an
hour, there were hundreds of persons In
the city badly scared. Many of them
believed the end of the world was com
ing, while others thought a cyclone was
headed this way.
It was only Atlanta smoke—just
smoke preseed down by a cloud unusu
ally low. The Weatherman says that
was what it w’as and he also says that
such a thing might happen any time.
If it had not been for the wind this
morning, the darkness might have re-
U. S. SUPREME COURT
REFUSES TO DECIDE
WHEN EGG IS ROTTEN
WASHINGTON, Dee. 2.—Supreme
court today declined to interpret the
pure food law as involved in the case
of the seizure of 443 cans of frozen egg
products by the government, holding
the circuit court of the Third circuit
had no jurisdiction to hear the case.
Four hundred and forty-three cans of
frozen egg product, shipped from Kan
sas, were seized by the government as
being a shipment in violation of the
pure food law, on the ground that it
was a decomposed substance. The con
signees of the shipment insisted that
the egg product was not decomposed,
and around this point the controversy
turned.
The real question at issue before the
court was, when is an egg rotten? Gov
ernment officials insisted that the egg
product, which is nothing more than
broken eggs stirred into a mass, sweet
ened and frozen, was rotten and cited
the fact that when cakes of which the
product constituted an ingredient were
baked in the government laboratories
employees in adjoining rooms protest
ed against the foul odor. The con
signees, however, tried to prove oy
chemical analyses that there was noth
ing about the product which could be
construed as being decomposed or hav
ing any other characteristic which
would bring it under th ■ ban of the
pure food law.
In the circuit court of appeals the
government's plea that the egg product
waa rotten was sustained.
mained several hours. Because there
was wind it soon was swept away.
A rain cloud, which had been high in
the air, suddenly descended, according
to the weather man, and pressed down
the great volume of smoke shrouding
the city. Because of the smoke and
cloud combined the sunlight could not
get through. That is why every elec
tric light in town was burning full force
in the middle of the morning and why
for a short time hundreds of persons
were badly scared.
More than 50 persons called up the
weather bureau, telling Director Von-
Herrmann of their fright.
COSMOPOLITAN SUIT
DECISION PROBABLY
WILL BE RESERVED
Indications are that Superior Judge
Bell, who is hearing the closing argu
ments in the receivership and injunc
tion suit brought by stockholders and
creditors against, the Cosmopolitan Life
Insurance Company, will reserve his de
cision until the intervention of the
state Insurance department is tried.
By a ruling of the court, the stock
holders’ suit came to trial separate
from the state’s bill, which asks that
the affairs of the company be turned
over to the Insurance authorities. At
torney General Felder has been in at
tendance at the hearing for the past
week and will take up the state's case
as soon as the stockholders’ suit is
finished.
As the state's case is so interwoven
with that of the stockholders it is con
sidered probable that Judge Bell will
reserve decision until the insurance de
partment's showing is made.
2.000 TO SEE OPENING
OF BIG $2,000,000 DAM
< OLI -Mill S. GA., Dec. 3. -The mam
moth dam of the Columbus Power Com- .
pany. 12 miles north of Columbus, is
practically completed and represents an
expenditure of $3,000,000 and is capable of
furnishing 40,000 horsepower
The dam has been built by the Hard
away Contracting Company and it has
required something like two and a half
years to construct it The management
of the power company intends having a
formal opening of the dam on December
19, to which at least 2.000 invitations
Will be Issued.
. One Hundred Affidavits Offered
to Prove Tillman, Jr., Led
Sober Life Since 1909.
i
COLUMBIA, S. C.. Dee. 2.—Mrs. Lucy
Dugas, wife of the son and namesake
of Senator Benjamin R. Tillman, won
' the first fight for the possession of her
children when the court today ordered
that until final decision was rendered
the mother should be given the custody
-of her two daughters.
While the suit was nominally against
i young Tillman, the aged and ill senator
made a strenuous fight for his son to
have the little ones, that he might en
joy their company in his declining
years.
Tillman, in rebuttal to evidence sub
mitted last Monday by his wife, in
which she alleged Tillman had been
drunk ami living an intemperate life
since 1909, submitted affidavits from a
I hundred or more persons, among them
one from United States Senator Till
man, affirming that young Tillman had
been living a temperate life since 1909,
and that he had not been drunk on
certain days in November as charged
, by Mrs. Dugas.
Tillman in rebuttal also argued that
as South Carolina has no divorce law
the court has no right to look upon
Mrs. Dugas as other than his wife, and
that she has no right to keep the chil
dren. Tillman was represented in part
by his brother. Henry Tillman, of
Greenwood, who made a strong argu
ment in his behalf.
Tillman a Pathetic
Figure in Fight
By EVELYN WREN.
Every honor a sovereign state can
give a man has been showered on Ben
jamin R. Tillman, of South Carolina.
His people have made him their gov
ernor. They have sent him term after
term to the United States senate. They
overthrew the power of their proud
aristocracy at hjs behest. And today
Ben Tillman knows that the honors ate
as empty as political power is brief.
He is fighting bis last fight now. Doc-
- tors have told him that he will never
' survive the term in the senate to which
1 he has just been elected, but their
i
Continued on Pane Two.
HOME
EDITION
2 CENTS EVERYWHERE
DEMOCRATS
INCONGRESS
CHEERCALL
TO ORDER
Speaker Clark, Sulzer, Cox,
and Others Loudly Applauded
in National House.
APPROPRIATING A BILLION
TO MAKE IT BUSY SESSION
Bill Introduced to Pension Ex-
Presidents at the Rate of
$2,000 Monthly. i
WASHINGTON, Dec. 2.—Promptly
at 12 o’clock Speaker Clark banged bls
gavel on the new sounding board of
Ills desk in the national house of rep
resentatives and the third session,
spoken of as the billlon-dollar session,
of the sixty-second congress was on.
One minute later at 12:01 the United
States senate was opened by Senator
Bacon, of Georgia, the president pro
tern.
The speaker’s appearance in tho
house chamber was a signal for a
great outburst of cheers from the one
hundred or more Democratic congress
men present. The Republicans also
were enthusiastic. The speaker wore a
pink carnation in his buttonhole and
seemed to enjoy the whole-hearted
greeting given. Many Democratic con
gressmen had gathered in the chamber
before the session began, and had their
enthusiasm ready when the speaker ap
peared. The noise lasted several min
utes while the speaker pounded vainly
for order. When it was finally obtain
ed the chaplain read his opening
prayer.
The ceremony look several minutes,
and as soon as concluded the noise
broke forth again.
At this point Governor-elect Sulser,
of New York, apepared at the rlghj of
the speaker’s stand, and this was the
signal for another outburst. Sulzer
was surrounded by a great number of
his colleagues and forced to accept their
warmest greetings.
Cheers of New
Governor of Ohio.
The roll was then cafipd, but before
it had proceeded a great way Governor
elect Cox, of Ohio, appeared and the
enthusiasm broke out again. The gal
leries were thronged with spectators,
who sat quiet In their seats while the
members on the floor below gave vent
to their feelings. The executive gal
lery was empty.
The ,roll call disclosed 275 members
present. Four new members were sworn
in. They were Representative Morgan,
of Louisiana; Hart, of New .Jersey.
Merritt, of New York, and Scott, of
lowa. On motion of Representative
Underwood, a committee was appoint
ed to inform the president in con
junction with the senate that congress
was ready to transact busines. Speak
er Clark appointed Representative Un
derwood, of Alabama; Johrtson, of Ken
tucky, and Mann, of Illinois, for this
duty.
Resolutions Informing the house of
the death of four members since the
last session closed were introduced, and
it was resolved by the house to hold
memorial services for each.
Representative Linthicum, of Mary
land. Introduced a resolution calling
the attention of the house to the death
of Senator Rayner, of Maryland.
Dixon and LaFollette
Conspicuous in Senate.
The senate chamber, which a mo
ment before the gavel sound had been
a-buzz with conversation, was hushed
in silence. On the floor, besides sena
tors, were a large number of officials
and employees of the senate, while the
galleries were crowded. Only the pres
ident’s row In the senate’s private gal
lery and the diplomatic section were
vacant. Conspicuous among the sena
tors present was Senator Dixon, chair
man of the Progressive national com
mittee, who, because of his political ac
tivities. was absent during the greater
part of last session. Senator LaFol
lette appeared in better health and
spirits than for several years. Senator
Nelson appeared, as he always does the
first day of each session, in a Prince
Albert coat.
The chaplain, in invoking divine
blessing, referred with feeling to the
deaths of Vice President Sherman, Sen
ator Heyburn and Senator Rayner, also
Sergeant-at-Arms RansdeU.
Adjournment Taken
In Honor of Dead.
At 12:21 the senate adjourned in
honor of Vice President Sherman, Sen
ators Heyburn and Rgyner. At 1:08 p,
m. the house adjourned on motion of
former Speaker Cannon In respect to
the memory of Vice President Sher-
