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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 'W A;-. ■' ■■ ' V&W) ; - '7 Os . A » *-O- \' - - V / O.' -e \ ' /Z 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-