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ALWAYS FIRST <G> The SUNDAY AMERICAN Ordor It NOW, Both Phone, Main 8000 The Atlanta Georgian Read for Profii---GEORGIAN X^AISiT ADS---Use for Results VOL. XI. NO. 249. ATLANTA, GA., FRIDAY, MAY 23, 1913. 2 CENTS EVERYWHERE r ^° EXTRA Ambassador Chinda Instructed to Insist That Treaty Is Violated. REFERENDUM PROPOSED DISPLEASES ORIENTALS This Government, It Is Revealed, k Refuses to Test Alien Law in '$• Supreme Court. t —■ TOKIO, May 22 —Emper or Yoshihito of Japan was taken seriously ill to-day with inflammation of the lungs. He has a high fever, and eight court physicians are constantly in attendance. The Emperor has never had a rugged constitution. He ascended to the throne July 30 last, and is 34 years old. Special Cable to The Atlanta Georgian. TOKIO, May 22.—The reply of the United States Government to the rep resentations of Japan relative to the antt-plien land law In California is considered unfavorable. This was learned to-day at the Foreign Office. Part of the reply to-day became known. It denies any intended in fringement of Japanese treaty rights. The United States Government re- . fused to initiate any action in the Supreme Court to test the validity of the action of the California legisla ture and Governor Johnson, who signed the law. The Japanese government has sent instructions to Ambassador Chinda to press more vigorously the claims of the Japanese. In its communication to the Japan ese Ambassador the Foreign Office urges the necessity of impressing up on Secretary of State Bryan Japan's Interpretation of the existing treaty between this country and the United States. Another feature of the reply which 1b distasteful to Japan Is the pro posal to submit the anti-alien land law to a referendum vote in Califor nia Chinda Gives Notice He Will Renew Protest. WASHINGTON, May 22.—Viscount Chinda, Japanese Ambassador to the United States, to-day served notice on the State Department that next week he will resume the official dis- ou^iion of the controversy arising from the California land law It was learned that Ambassador Chinda will take up the American re ply at length when he calls upon Sec retary Bryan. It Is understood here that the Japanese official has received Instructions from his Government to lay particular stress upon the Japa nese contention that the present sit uation is an infringement on treaty obligations. Government dispatches from Tokio to-day pointed out that the Japanese Foreign Office considers the American . reply to the Japanese protests as un favorable, inasmuch as it denied the right of the Orientals to hold land in the United States, despite the existing treaty. Officials here say that this opinion arises from the fact that the Japanese do not understand the form of gov ernment of this country and that the States rights doctrine is ineompre- hensible to the Orient. It is admitted here that the Ameri can reply was quite frank, as was the protest of Japan, but administration officials say there was no clause In the entire note at which the Japanese should take offense. Wilson Orders To Omit “War Talk.” WASHINGTON, May 22.—Acting under orders of President Wilson, Representative Sisson of Mississippi to-day went over the rough draft of his speech on the Japanese situation, to be delivered in the House to-mor row, carefully expurgating all the •‘war talk.” The President warned Sisson that the speech must contain nothing of an incendiary nature, and Sisson is editing out all remarks which are not strictly musty and conventional, re lating to the treaty-making powers of the Federal Government as fixed by products of the last 100 years. Several Republican members have threatened to question him about his position on the question of an ade quate navy,, and it is possible that they fiery Southern orator may de part altogether from his r»t speech and plunge into a discussion of war passages. MODERATORS THANK THE GEORGIAN FOR FAIR AND CORRECT REPORTS The Atlanta Georgian is deserving of an expression of thanks from the Presbyterian Church for the capable and sympathetic re ports it lias printed of the Assembly’s pro ceedings. In behalf of the Presbyterian As sembly, I wish to express my sincere appre ciation for the fairness and correctness of these reports. JOHN TIMOTHY STONE, ' Moderator Northern Presbyterian Church. J. S. LYON, Moderator Southern Presbyterian Church. H. M. RUSSELL, Moderator United Presbyterian Church. Bandits and Police In Pistol Battle in New York Streets NEW YORK, May 22.—A running fight In the streets of New York to day accompanied a hold-up when four armed Italian bandits attacked James T. Wintress, a bank messenger, who was carrying $10,000 in a car riage from his bank to the Nathan Manufacturing Company. Before Win- tress* could produce a weapon he had been twice wounded. Sergeant Sheehan and Patrolman Finnegan, the first officers on the scene, opened fire on the robbers, wounding two of them. The other two fled, firing at the policemen with rifles. Wintress was taken to the Harlem Hospital, where it was found his con dition was critical. Dynamiter Bares Plot of Mill Men BOSTON, May 22.—John J. Breen, the undertaker who has confessed that he distributed dynamite at Law rence during the textile strike of 1912, again took the stand when the j trial of President William Wood, of the American Woolen Company, Fred E. Atteaux and Dennis J. Collins, charged with conspiracy to “plant'' the explosive, was resumed to-day. Breen had charged that Atteaux paid him $700 for his part in the dynamite “plant" and that he was offered $7,000 by Attorney Coakley to settle suits brought against him by persons in whose houses the dy namite was planted. Iowa Man Dying As Walker Did SIOUX CITY. IOWA, May 22.— Small hope was entertained to-day for the recovery of Robert Palmer, a cattle salesman and member of a prominent Iowa family, who swal lowed three bichloride of mercury tab lets. He has been reading newspaper ac counts of the slow death of B. S. Walker, the Macon, Ga., banker, by the accidental swallowing of the same poison. LABOR TROUBLES FORCE AUTO FACTORY TO MOVE BUFFALO, N. Y., May 22.—Wil liam Knudsen, general manager of the Buffalo branch of the Ford Motor Company, has received orders direct ing him to close down the plant and ship the machinery and material on hand to Detroit. The order. Mr. Knudsen stated, is the result of the strike of machinists and other labor troubles in Buffalo. Look At This! A large automobile dealer in Atlanta says he gels better results in the auto mobile columns of The Georgian and Hearst’s Sunday American in the “Want Ad" sec tion than any adver tising he has tried. These little “ Want Ad" tablets hit the spot. ! First Concert of Year at Piedmont Park Next Sunday The first outdoor musical concert of the season will be given in Piedmont Park Sunday afternoon from 3:30 to 5:30 o’clock. Music will be furnished by the Fifth Regiment Band. “Whether these concerts will be permanent depend on the action of Council in providing funds,” said J. O. Cochran," president of the park board. “We can secure private subscriptions if Council only will begin the move ment. “We hope to have music in Grant and Piedmont Parks several times a week and evdty Sunday through the summer." Boasts of Marrying Jap to Yankee Girl MINNEAPOLIS. May 22.—“I have just married a Japanese to an Ameri can, and done more for God and Uncle Sam than your alien land bill will do in 1,000 years." This telegram was forwarded to Governor Johnson of California by the Rev. G. L. Morrill, after the min ister had married Koso Maihorl and Miss Bertha Royan, of Minneapolis. Fool or Knave, Says Johnson. SACRAMENTO. CAL., May 22.— “That minister must be either a knave or a fool,” gaid Governor Johnson, commenting upon the telegram of the Rev. G. L. Morrill, of Minneapolis. Sunday Apologizes To Schumann-Heink SOUTH BEND, IND., May 22.—A letter containing an apology for hav ing called her a “cheap skate” was mailed to-day by Evangelist “Billy” Sunday to Madame Schumann-Heink. Last night the preacher made a pub lic statement apologizing to the sing er. Sunday's remark that Schumann- Heink resented was made during a sermon on "Mothers,” when he said that “Melba, Calve, Fames and Schu- mann-Heink are cheap skates com pared with mothers.” Madame Schumann-Heink is the mother of eight children. Steamer Blown Up By Floating Mine Special Cable to The Atlanta Georgian. SMYRNA, ASIA MINOR, May 22. - The French steamer Senegal was sunk at the mouth of the Gulf of Smyrna to-day by striking a floating mine, planted for the Balkan war. A large hole was torn 1n the bottom of the vessel. The first wireless report from th' scene stated that all the crew and passengers, as well as the mail cargo, were saved. A second report, how ever, stated that five persons on the Senegal were killed and six wounded. 2 Fatally Shot in Feud at Moultrie MOULTRIE, GA., May 22 —J. M Hornage and his 3on were fatally wounded to-day by Jerry and James Hart, sawmill men. The Homages, it is alleged, waylaid the Harts several miles from this city, but in the shoot ing that followed both of the Harts escaped uninjured. The trouble is said to have been the result of a recent timber deal be tween the Harts and the Homages. THE WEATHER. Forecast for Atlanta and Georgia—Local showers Thurs day and probably Friday. Son Near Death From Kissing Dying Mother Piedmont Bathing Season Opens •I* • •!* •!• • •!« • •!« *!. m .t, m AND QUITS FORT SCOTT, KANS, May 22.— Carl Heokenliable, a young farmer of this county, is near death in a hos pital at Wichita, as a result of kiss ing his dying mother good-bye. The mother died of blood poisoning. When her physicians announced death was approaching, her son embraced and kissed her. The next day the young man was taken ill, eruptions appearing on his body. Physicians pronounced the case blood poisoning contracted by the farewell kiss, and Heckenliable was hurried to Wichita for treatment. Declaring that Moderator Dr. J. S. Lyons wa.s running the Southern Presbyterian Assembly “with a steam roller like a political convention," Dr. W. M. MePheeters. of Columbia, S. C., chairman of the Committee on Education and one of the leading figures in the Assembly, resigned as head of the committee, placed his re- Dr. W. M. MePheeters Hotly Ac cuses Dr. J. S. Lyons of Using “Steam Roller” Methods. SWIMMING RULES. The lake will be open from 5 o’clock until sundown on week days. Sundays, from 6 to 8 o’clock in the morning, both men and women will be permitted in the lake. It will be closed until 2 p. m., and from then until sun down only men will be allowed to enter. No swimming or boating will be permitted at night. No private craft will be allowed on the lake. Two-piece bathing suits must be worn, white and silk suits being prohibited. No lounging around the lake in bathing suits will be permitted, and everyone must use the regu lar entrance. Fair Mermaids First to Take Dip 500 Enjoy Fresh, Clear Water Miss Lillian Smith and Miss Frances Smith, 47 Piedmont Place, among those who opened Swimming season at Piedmont Park Thursday port in the hands of the clerk, and retired from the deliberations of the body. Dr. MePheeters’ action came at the close of a lengthy dispute over par liamentary law with the moderator, touching upon his right to propose a substitute to the minority reptfrt of the committee on the Federal Coun cil of Churches. Twice refused permission to broach his substitute, and falling to get the approval of the house when C. H. Jones, of Oklahoma, appealed from the parliamentary decision of tho moderator, Dr. MePheeters finally gained the floor on a question of per sonal privilege. Personalities Injected. It was then that personalities were injected into his dispute with the moderator. Expresisng his high per sonal regard for Dr. Lyons, Dr. Me Pheeters said: “But he can not change the rules of procedure under which the As sembly works. All that is necesasry to reduce this gathering to one sim- ila rto a political convention with its steam roller methods, are actions such as the moderator has taken, to forbid discussion and rush to a vote a ques tion upon which the Assembly is di vided, without an opportunity for discussion by those opposing it.” He was interrupted by the gavel of Moderator Lyons. “I will call the doctor or order," said the moderator. “What he Is say ing is a reflection on the personal in tegrity of the moderator, and I rannot listen to it with equanimity. The doctor can not continue." Dr. MePheeters turned and faced Continued on Page 2, Column 4. Turkey Trotter at Tybee Faces Trial SAVANNAH, GA., May 22.—John Roan, a prominent young man, was arrested while dancing with a girl in the pavilion at Tybee because of his persistence in doing tho turkey trot, bunny hug and other prohibited dance steps. He was led away to jail, leav ing his companion alone on the ball room floor. Roan disregarded a sign conspicu ously posted in the pavilion, stating that these steps were prohibited. He was warned by officers, but paid no attention to them. Roan’s friends Anally succeeded in bdlling him out. He will appear be fore the Town Council of Tybee charged with disorderly conduct. Georgian’s Grandson On Arctic Expedition SAVANNAH, GA., May 22.—Mrs. W. D. Waples, of this city, has gone to Washington to say good-bye to her grandson, Lieutenant Fltshugh Green, who Is about to leave for a three-year trip in the Arctic regions with a spe cial expedition of the National Geo graphic Society for the purpose of studying the topography of the land and the history of the people In a part of the Icebound regions of the Far North. Lieutenant Green is from St. Jo seph. Mo., where his father, Charles E. Green, son of Mrs. Waples, and formerly a Savannahan, has resided since his marriage years ago. Crowds Rush to Formal Opening of Atlanta's ‘Beach’—Jennie Perkerson Watches Others. Just as old Sol shot his golden rays above the horizon, two dull splashes in the limpid waters of Piedmont Park sounded, marking the formal opening of that resort for the sum mer. Pretty Lillian Smith and her fair sister, Frances, in chic bathing cos tumes plunged downward from the springboard in the new lake. The waters shot upward high for the first time. And thus was re-christened the pool which will form Atlanta's play ground for the summer months. Dan Carey on Honeymoon. As the young day grew, the crowds increased. Spectators began to gath er on the grassy banks. Various per sons began to ask for Dan Carey, the General Manager of Parks, who start ed the public bathing there years ago. Dave Gillespie answered: “He's on his honeymoon.” More than 500 enjoyed the first day’s bathing. The weather was warm and the water was fine, and every body was right in the swim. Among the early morning specta tors was Jennie Perkerson, the 11- year-old girl who won all the races last year. She was on hand at 5 o’clock, but was without her bathing suit, and therefore stayed on the bank. Two lifesavers were on duty, the same as in midseason. Lifesaver Mc Dermott ypent the entire morning diving, springing as far as possible with only one foot to leap with. “He's a fine lifesaver," said Superintendent Gillespie. “He gets over the water fast because he has only one leg to carry." “Three men have kept tab on the number of bathers, and they have counted up nearly 500," said Gillespie. “There’ll be fully that many by the time you get back to town. This is a better record than opening morning last year, when we’had only about 250. School Children In. “I’m looking for 500 school children this afternoon, for they like the place. The season has started in fine shape, and I believe it will be the bathing lake’s most popular year." At noon 42,000,000 gallons of water had been run into the lake and it still was ten inches below the normal mark. The city chemist went out and took away a sample bottle for an alysis. The analysis* is hardly more than a formality, since the lake Is suf ficiently large for the water to purify itself. Ball ‘Trust/ Inquiry Resolution Not Dead WASHINGTON, May 22.—Repre sentative Gallagher, of Illinois, denied to-day that his resolution for an in vestigation of the so-called basebail tru«t was dead. There have been reports, Gallagher admitted, that the House Rules Com mittee, to which his resolution has been referred, was hostile. He de clared, nevertheless, that he would press for a public hearing. “I have some evidence that will open their eyes,” he declared. OR LEE Understood That Cases Will Be Brought Separately, With One Accused as Accomplice, DORSEY PLANS TO BLOCK ANY DEFENSE TESTIMONY Prosecutor Ready to Present the , Strongest Evidence—Vote of Twelve to Decide Action, Solicitor General rtugh M. Dorsey announced Thursday afternoon that he was prepared to go before the Grand Jury Friday morning with his strongest evidence In the case of Leo M. Frank and Newt Lee, held in con nection with the murder of Mary Pha- gan. Although Mr. Dorsey would not dis cuss the form in which the cases would be presented, it was reliably stated they would be heard separate ly and the charge against one would be that he was an accessory to the fact. Neither of the defendants will go before the Jury. Mr. Dorsey said that In the event any move was made to introduce evidence for the defense he was-prepared to block it. He said he had looked up Supreme Court de cisions on this question, because when the Grand Jury was asked to indict Dr. W. H. Gillem for beating W. H. Johnson the jury in his absence had allowed Dr. Gillem to come before It, which, he said, was contrary to all laiv. Twelve to Govern Action. The opinion of 12 of the 21 Jury men will govern the action of* the body. There can be no minority, said the Solicitor. If 12 of the men indict or decline to indict, the other jurors have to sign the “true” or “no bill" with the 12. Eighteen of the 21 con stitute a quorum. The Solicitor said it would be possible to present all the evidence in one day, and that it might be neces sary to carry the investigation ovqr into the next week. He said, how ever, that it was not improbable the strongest evidence he had would be presented the first day, and If the jury considered it sufficiently strong. It could return an indictment without hearing the other evidence. / Gets Finger Print Evidence. He said for the last few days his case had been complete, with the ex ception of preparing the testimony accumulated and some later impor tant facts brought out by finger-print and handwriting experts. Several witnesses, whose identity has been carefully guarded, would give evi dence that no one outside of his of-* flee was aware of. said the Solicitor* C. W. Tobie, of the Burns Agency, stated Thursday afternoon that he was making the most satisfactory progress. He said It was only a ques tion of a few more days when he would have the case in a definite, tan gible shape. The Solicitor would not discuss the findings of P. A. Flak, the finger-print expert from New York, other than to say that nothing had developed from it that would make him contemplate a change in his plan to present the cases to the Grand Jury Friday. Burns Forces Augmented. The Burn^ forces have been aug mented by a finger-print and hand writing expert and another detective. The three were closeted with the ne gro, Newt Lee, for more than an hour Wednesday. Neither would discuss the Interview. L. J. Fletcher, Bertillon expert at the Federal prison, was drawn into the case by Solicitor Dorsey Wednes day. Mr. Fletcher Is a handwriting ex pert as well. He has been connected with the Government for several yeara and has made an intimate study of criminology. He worked with Mr. Dorsey’s expert, Flak, when he examined articles for finger prints at the Solicitor’s office Wednesday night. Department and Pinkerton detect* ives are conducting a relentless search for the missing mesh bag Mary Phagan carried to the factory witll her when she received her pay. r£ it is found they expect it to prove on^ of the most important bits of evte dence for the State. City detectives have been assigned the task of locating the young worn*