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i Famous Rail Heads and Lawyers Attend L, & N. Suit in the Federal Court Here. The Louisville and Nashville Rail road Company’s fight against the en forcement of the 2 4-cent fare or dered by the Alabama Railroad Com mission was reopened in the Federal Court in Atlanta Tuesday morning. Judge William 1. Brubb, of Birming ham. is presiding in the case, while Judge Don Pardee and Judge David I). Shelby, of the Court of Appeals, are sitting with him at his request. The hearing is on the petition of the railroad company for a permanent in junction against enforcing the rate. Court convened at 10 o'cloc k, but a recess was taken shortly afterward to allow counsel on both sides to in spect affidavits filed by agreement, and headway in the case is not ex pected to be made until afternoon. The hearing is expected to last three or four days. Notables Are in Attendance. Among those who arrived in At lanta this morning to attend the hear ing is Milton H. Smith, president «*f the Louisville and Nashville Railroad, one of the most aggressive and pic turesque of great railroad men of America. With him are H. L. Stone, genera! counse’: W. A. Colston, gen eral solicitor, both from Louisville, and former Congressman Sidney .). Bowie, of Birmingham, special coun sel for the Louisville and Nashville, the man who has led the fight of th»* railroad company during five years’ litigation. Other officials of the railroad com pany are W. A. Russell, general pas senger traffic manager, and A. R. Smith, third vice president, who is <n direct charge of the passenger traliic of the toad. Noted Jurists for State. Representing the State of Alabama are Samuel D. Weakley, former Chic? Justice of the Alabama Supreme Court, and H. C. Selheimer, both from Birmingham, who have been in charge of the State’s case since the begin ning of the litigation; Charles Hen derson, president of the Alabama Railroad Commission, and R. C. Brlckell, Attorney General for Ala bama Alabama's fight for a lower passen ger rate was started b> former Gov ernor B. B. Comer. It brought on one of the most sensational cases the Federal Court has ever handled in the South, and there was sharp conflict between Governor Comer and Fed eral Judge Jones and Milton H Smith. The railroad company's argument was opened by Sidney J. Bowie, the plea being made that the enforcement of the 24-cent rate by the State of Alabama, under orders of t’he Ala bama Railroad Commission, is uncon- stiutlonal in that it affects interstate commerce over which the State com mission has no control. U. S. Biggest Market Place for Canada WASHINGTON. June 3 — Accord ing to X report made public to-day by the Department of Commerce, the United States ranks second as a cus tomer for Canadian products and first as p„ supplier of Canadian needs. Canada buys more from the United S: ttes than from all other nations combined. We also would take the bulk of the exports except that Cnna- da has little to sell that is not pro duced also in our own country. The Ir.rger takings of Canadian wheat constitute the principal factor that makes England loom larger in the export trade. Pushes Bet Winner 30 Miles in Barrow SPOKANE, WASH.. June 3.—Roy McCampbell, of Okanogan. Wash., es corted by a drum corps, made a thir ty-mile hike from Okanogan to To- nasket. trundling a gorgeously trim med and canopied wheelbarrow in which sat George Hopkins, tin man who won the bet as to the probable date of entrance into Okanogan of the New Croville-Wenatchee branch of the Great Northern Railway. If the line had reached Okanogan by April 10 Hopkins would have been the motive power, with McCampbell his passenger. COMER ORATOR AT OXFORD. ANNISTON. ALA., June 3.—Former Governor B. B. Comer will be the ora tor at Oxford Wednesday evening when the State High School at that place and the city schools hold com mencement exercises. Have You Sore Gums or Loose Teeth? A prominent dentist, after years of , experience, has found a home rem- i edy that wifi cure Higgs' disease, bleeding. Inflamed and spong> g and tighten loose teeth by r n’smg t mouth ’ Probably you have not enjoyed eat ing for some time Get a bottle of ! STYP STRING-ANT and that dis- > ease of the gums and teeth will be ■ cured; there tore, aiding dig«>o«tn t 50c bottle at all druggists, or par- [ cel post, 55c in stamps. De La mater- Lawrence Drug Company, wholesale ( distributors. The Georgian-American Pony Contest VOTE COUPON Hearst’s Sunday American and Atlanta Georgian PONY CONTEST VOTE COUPON, TUESDAY, JUNE 3, 1913 5 VOTES NOT GOOD AFTER JUNE 18, 1913. Vote for Address CARRIERS' AND AGENTS’ BALLOT. Hearst’sSunday American and Atlanta Georgian Pony Contest Vote Coupon, Tuesday, June 3, 1913. C l/ATCC NOT GOOD AFTER ^ V KJ I JUNE 13, 1913. Vote for i Address STATE OFFICERS Be . mha !; dt Calls the Tango an Abomination \ f{ fl | K DEFENSE WOULD REVISE Actress Talks on Americans and Their Ways •Or Thinks Rockefeller, Jr., Might Do a Great Work IS CALLED AN ACCIDENT Clues, First Taken as Slaying Evi dence, Believed to Strengthen New Theory—Negroes Have Alibi. With an alibi practically proved by Walter Wilkes and Ernest Maynard, negroes held on suspicion in the Stevens case, detectives who are investigating the mystery are inclining to an accident theory 1o account for the burning of the Stevens borne and Jhe death of Mrs. Sarah ('. Stevens and her daughter, Nellie. Detective Rosser, Sheriff McCurdy and Deputy Sheriff Livesy, of DeKalb County, working on tin* case, have finally learned the truth of the finding of the axe, hoe, revolver cartridge, the dis charged shotgun shell and other evidence, which it is claimed sus tains the theory of accidental death more than it (iocs the theory of murder. —— The investigations of the of ficers, according to one of them, has developed the following facts: Th*» ax was found 4>0 feet from whore the bodies lay. and the blade was embedded in the ground. It was later carried Into th* ruins where the bodies lay. The door—there wan but one— leading from the hallway into Mrs. Stevens’ room was locked. The hoe was found in the hall way, nearer Mr. Stevens’ room than the room where the bodies were found. The exploded shotgun cartridge was found more than a hundred yards from the house, at a spot where it is said Mrs. Stevens had beet shooting at birds. The exploded revolver cartridge was found a hundred yards from the house, at the edge of the road. It had not been in the fire at all. There was no truth in the re port that an exploded shell was found in the shotgun discovered in he bedroom. There was a shell in the gun, but the brass had melted and run into the barrel. It wsa impossible to tell whether It had been fired or discharged by the heat. Thinks Fire Cracked Skulls. F. W. Patterson, of the .firm of H. M .Patterson & Son. the undertak ers who prepared the bodies for bur ial, told a Georgian reporter Tuesday morning that he does not think the skulls were crushed. He said it was impossible, owing to the condition of the bodies, to tell how Mrs. Stevens and her daughter were killed. He de clared that the skulls of the women looked more like they had been crack ed open “by the heat than crushed. Mr. Patterson said it is not an un usual thing for the hones of human beings to he cracked by the heat when caught in a fire. He said he could find, in a minute examination of the bodies, no traces of foul play. Neither of the bodies were examined by a physician. One of the officers declared to-day that the hoe. supposed to he one of the weapons with which the murder—if there were a murder—was committed, was an old implement that had been under the house for several years. Sheriff McCurdy said that the hoe did not look as thougn it had recently had . a handle in it /The band of steel ! lav . which holdsHhe handle in place was missing when the hoe was found, and SLOW ROUND TRIP RATE TO BALTI j MORE VIA SEA ; BOARD. / $20.85 from A tlanta, correspond- < ingjy low rates from other points J on sale June 5, 6. 7 Through trains, electric-lighted steel sleep ing and dining cars, observation cars City Ticket Office. 88 Peach tree. gered to the door, forgetting that it was locked; that they had reached the door and couldn’t get it open; that they then started for the windows and were overcome before hey could reach them. Sheriff McCurdy declared to-day that, in the light of recent develop ments In the case, the only circum stance that points to murder is the position in which the shotgun was ly ing when found. It was as though it had fallen from Mrs. Stevens’ hand. It has been learned, however, that the gun habitually stood in a corner of the bed room, and the theory is ad vanced that when the flames exploded ! the shell the recoil threw {he gun into I the middle of the room. Police to S'ft Evidence. Though all indications now point to I accidental burning as the solution of the mystery. Sheriff McCurdy and De tective Rosser said to-day they will continue to work m the murder theory until it is exhausted y>r evidence ob tained to determine whether there w ag a murder or whether the women were caught in the burning of their home. Detective Rosser practically admit ted on Tuesday that the two negroes held under suspicion, Walter Wilkes and Ernest Maynard, had proven alibis. He is not yet through with his investigation, however, and the negroes will not be released until after their alibi is proven beyond the shadow of a doubt. Both men are now locked up in the DeKalb County jail at Decatur. Because not all of the crowd of farmers who gathered at the scene of the crime Monday%afternoon were let in on the secret, a dramatic “third degree” to obtain a confession from Wilkes and Maynard not only failed of its purpose, but almost developed Into a real lynching. The lives of the negroes were saved. It is reported, only when Chief of Detective Lan- ford appeared on the scene with drawn revolver, backed up by Sheriff McCurdy. According to a statement made on Tuesday by one of the members of th® “mob,” the lynching bee was framed by Chief Lanford, with the knowledge and consent of Sheriff McCurdy and a number of farmers. Ruse to Get Confession Denied. "The plan,” declared the “mob” member, “was this; Sheriff McCurdy and Detective Rosser brought the ne groes out to the Stevens farm, and after tying them to a tree, stepped behind the barn. Then the farmers w ho were In on the deal began threat ening the negroes, and tl\e original plan was to get a rope and advance upon them, yelling that we were going to lynch them. Then chief Lanford was to rush up and rescue the ne groes. It was hoped to get a confes sion out of them while they were frightened. "But a number of farmers came out who wert* not in on the i fame-up. and they were in dead earnest. The crowd carried the men to the barn and started to put a roep over a rafter when Lanford appeared. It is ry probable that the negroes would been hanged if he had not shown ur" l Chief Lanford declared this morn- . , . ... i i ing that the lynching was not a has not * en ku < tt t. | frame-up. but declared a moment Theory of the Tragedy. | a , er that ho thought the farmers TVteitn. - dm l.ite that lire “ ,p ' aero on!v Koinx to fiiphten the ne- xeos revolver the one \\ ade Stevens a [vtective Rosser declined to t,,„k to t hattjnoogra ■ was ..Se.il.her mmon , „ n „. 0 aff:llr at , le instead of a .3_, and that the . aitudge tie had not seen it and didn't found near the road h id been tired by k nu \y anything about it. Mrs. Stevens some time previous to the burning of their home. The accident theory, based on the row developments, is that Mrs. Ste- \ens and her daughter, being fright ened because they were alone, had locked the door of their room when they retired; that about midnight, when they were sound asleep, the hou*e caught fire; that with the door locked they knew nothing of the blaze until it nad gained considerable head way; that they arose from their beds, and half-suffocated with smoke, stag- Stand Taken by Bar Association Does Not Meet With Favor. Simplification Wanted. Subdued expressions around the State Capitol indicate a general de sire among officeholders for a revision of the Georgia Constitution of 1877. The action of the Bar Association at Warm Springs last week in unani mously opposing the movement is commented on with no great favor. W. R. Power, warrant secretary *o the Governor, was outright in his ad vocacy of a constitutional convention. Referring to the opinion of the Bar Association, he admitted the time might not be quite ripe, but said it was coming, and coming soon. Phil Cook, Secretary of State, said some parts of the Constitution un doubtedly needed changing, but ef forts in that direction would meet with opposition. “The great fear of revision is that the bars might he let down to the State treasury,” he said, “and re strictions placed around the expendi ture of money by the wisdom of Bob Toombs might be withdrawn.” One objection to the Constitution pointed out by the Secretary of State was Its lack of simplicity, because of numerous amendments. The Legisla ture proposes amendments each year, which are invariably ratified, he said. A State treasury official said the State was twenty years behind in its fiscal policies, and a constitutional re vision was the only possible correc tive. “In handling State funds.” he pointed out, "we are hampered by laws enacted 35 years ago. Consti tutional revision is necessary to cor rect these evils." Other “evils” indicated were the creation of new counties and new city courts, the multiplica.tion of judicial circuits and the present method of amending the Constitution. Record Graduation Class at Normal MILLEDGEVILLE. GA„ June 3. ~ The Georgia Normal and Industrial College closed here yesterday with the largest graduating class in the history of the institution. The baccalaureate sermon was preached by Bishop Warren Candler to a congregation of 1,500. The board of trustees to-day changed ttye name of Lamar Hall, which was named in honor of the lace Richard N. Lamar, to Tyrrell Hall, m honor of the late Jo** Terrell. The namp of Science Hall was changed to Parks Hall, in honor of President M M. Parks. Sailing, After Her Fifth Farewell Tour, the Tragedienne Makes Some Pointed Observations. Sarah Bernhardt, (jure nof the stage, who is note on her tean hack to her native France after a series of appearnc.es in this country, pare be fore sailing her ideas on America and Americans in a piquant and in structive tea pH Although si.rtp-seven, her p.,pu la Htp teas attested here by the fact that thousands trere unable to secure admission to the theaters where she played. Here arc a few of her observa tions : “Since traveling in America I have greatly admired the honesty of Amer icans in the way they respect each other’s property. “In France, our homes and our windows are barricaded, and we near ly always have a watchdog and a loaded revolver close at hand. Our windows have iron sh fitters, while our doors have patent locks and chains. “Rut what is more surprising than anything is the abandonment during hours and hours of bicycles, motor cycles and automobiles. “This is very Interesting and very curious. In our country they steal everything. I know, of course, that there are the famous ‘Hands Up’ bands, but even this has a certain ARAH BERNHARDT, sixty-seven, who has made $170,000 profit from her tour of this country just ended. GEORGIA NEWS IN BRIEF White City Park Now Open Babes, Buried Alive By Maniac, Still Live ATLANTIC CITY. June 3.—Two of the three young children of George Walls, proprietor of the Chelsea baths, who were buried alive b> a maniac yesterday, were to-day believed to he dying. The lunatic, said to he the wayward son of a prominent Philadelphia fam ily is under constant guard in the jail. Hartwell Fugitive Caught. HARTWELL.—P. H. Nixon is un der arrest at Peru, Ind.. for the shoot ing here on August 2, 1912, of John F. Heaton. Ellis Nixon, also indicted for the slaying, is still at large. Bumper Oat Crop. COLUMBUS.'—According to a re port made by District Agent C. M. James, of the West Georgia District, the oat crop throughout this section will be one of the best raised in many years. Corn and cotton crops are backward, but are considered prom ising. Boy Accidentally Shot. COLUMBUS.—While handing a shotgun to a negro boy, John Davis, the young son of John T. Davis, a business man of Columbus, was wounded dangerously. To Dedicate Church. COLUMBUS.—Bishop James H. McCoy, of Birmingham, Ala., will preach the dedicatory sermon of North Girard Methodist Church Sun day, June 22. Some Cabbage, This. GUYTON.—Dr. H. R. Tarver, a resident of Guyton, is the producer of a cabbage that weighs 27 pounds, measures 38 inches in diameter and 114 inches circumference. Three Conventions at Columbus. COLUMBUS.—Columbus fs making plans* for entertaining three State gatherings this month. They will he that of the Georgia Pharmaceutical Association. June 10-11; the Georgia Dental Association. June 12-14. and the Great Council of Red Men, June 18-19. Funeral of Auto Victim. AUGUSTA.—Hundreds of friends gathered at the home of former May or Thomas Barrett. Jr., to attend the | funeral of his son-in-law, Harriss H. j D’Antignac, who was* killed Saturday j night in an automobile accident. Th * ' funeral services were conducted by the Rev. G. Sherwood Whitney, rec tor of St. Paul’s Episcopal Church. Ludowici Store Robbed. LUDOWICI.—Rimes Brothers’ de partment store was robbed last night. Seven hundred dollars’ worth of watches and other jewelry was taker. Bloodhounds from Jesup are on the trail. Hartwell Schools Close. HARTWELL.—After one «.f the most brilliant and successful terms in the history of the public schools of Hartwell, the term closed with a splendid program. In the grammar ^ oratorical contest the medals were i won by Miss Alice Linder and Master Eugene Massey. In the high school I they were w en by Mr. Dan Magill and I Miss Addle Harper. te'\/ Affidavits of Nergo Conley Will Be Attacked and Discrepan cies Pointed Out. I Continued From Page 1. placed to complete the riddling ot Conley's testimony and affidavits. Frank had arrived home in the after noon at the time Conley says the su perintendent was dictating notes in his office, according to five witnesses the defense will be able to call. Conley described at length his al leged conversation with Frank in the factory office after 1 o’clock. Frank says that he arrived home for lunch eon at 1:20 o’clock and he is support ed in his statement by five witnesses. Seven witnesses are prepared to testify that Frank was home in the evening at the time he is said to have been telephoning to Mrs. Mima Fom- by. asking her for permission to bring a girl to her house. If the State’s theory is accepted that Mary Phagan was killed in the afternoon, the de fense will hold that the Fomby affi davit is ridiculous on its face. It will be pointed out that any man, whether he be ignorant or intelligent, would not in the first place confide his crime to a negro or any other person by asking their assistance in disposing of the body. After this he would not take a cab driver, a woman and any others who happened to observe his movements into his confidence by removing the dead body to a semi-public house like that of Mrs. Fomby’s. Police to Combat Them. The element of time will enter into several other phases of the defense to show that the negro has been lying in all his affidavits. He repeated a conversation which took place be tween Foreman Darle.v and Miss Mattie Smith. He said that it took 1 place a few minutes before 12 o’clock. The defense will claim that, as a matter of fact, the conversation took place at about 9:30 o’clock in the morning and that the negro must have been there at that time in order to hear the ‘’onversation, although he testified that he did not come there until he met Frank on the street at 11 o’clock. The police, however, are ready to combat testimony along this line. That Frank would have been satis fied with the incoherent, almost unin telligible. n,otes found beside the girl’s body, if he had been dictating them, will be represented as most unreason able. The notes were more probably the sole work of a half-intoxicated negro, as Conley has admitted he was. the defense will maintain. Atlanta Rail Mail Division Advanced The Atlanta and Montgomery di vision of the Railway Mail Depart ment. one of the most important be tween New Yo^k and San Francisco, was placed in Class “C” following a long conference with Postmaster Gen eral Burleson in which John Hogan, national auditor of the Railway Mail Association; Senator Hoke Smith. Representative Schley Howard. P. J. Schardt and H. G. Swanson partici pated. The committe was in session nearly a week. Eleven Congressmen and four Senators supported the conten tion that the line should be classed as a “C” division. romance attached to it which in no way resembles the petty thefts of some other countries. “I have a great admiration for this American honesty. * * * Her Ideas on the Moving Picture. “1 am asked if I think moving- pic tures prejudice the interests of the theater and if it Is my opinion that they will be still more popular? “My very sincere opinion is that moving pictures are a rather ordi nary and cheap demonstration of pic torial art associated with the dra matic art. The pictures are like in different stories illustrated by bad pictures. The show is amusing for five minutes, but in no way does it take the place of art. “I think moving pictures will be very prosperous, but they will ever remain second class.” * * • Asked her views on the latest dances, the Tango and the Turkey Trot, she said: “These dances are abominable, re volting and improper. I can not un derstand how any one could permit such insanities to take place in their j drawing rooms, yet not only do they I permit them, hut young girls of re- | spectable families assemble together to learn those dances. “The mothers are at fault. They should never permit such exhibitions. And why do they do it? They keep a young girl away from immoral sur roundings. choose her books, hide from her newspapers reporting ques tionable divorces or passionate crimes. “Tfroy keep u watch on her friend ships, they do everything in the world to keep her mind from being sullied, yet they let her. not only see. but actually Hike part in. a spectacle which is. more than any other, stripped bare of all modesty and de cency. “I have heard particular people se verely condemn the waltz w hen I was a girl. What would they say to-day?” What Rockefeller, Jr., Might Do. Of Rockefeller she said: “Monsieur Rockefeller, Jr., thinks that even if one does try to protect poor girls there are many who would still become of questionable character through idleness. •1 do not agree with Monsieur Rockefeller. Jr. I really think that unhappiness and poverty drive many wretched girls to vice. But I am persuaded that, if means to earn a livelihood were procured for poor girls, all of them would JoyfuHy ac cept work. ■ And yet. one can not complain in I America for there a ,- c many less such women here than in France. Work fs well rewarded, and the hours of J work ace ten times less heavy than Jin my country. Here the shops open I late and close early. The girls in the stores take things easily; they chat among themselves and reply to cus tomers when it suits them. In France the poor shopgirls are treated like slaves. "Oh! if Mr. Rockefeller. Jr., could hut find the right way to assist poor young girls as they venture out on iife, humanity would not know how to thank him. But he will do nothing; neither he nor ant other rich million aire who lives in this country. They do a great many things, hut not splen did humanitarian things; not grand actions of this sort." The lack of taste displayed by some of our women called forth the follow ing remarks: “Really, I am sometimes amazed at the want of tact exhibited by some American women. "At the opening of the Los An geles opera, the public came in crowds to hear for the first time the delight ful and great artist, Mary Garden. “The women had arrayed them selves in their most beautiful gowns and literally covered themselves with jewels. So far there w-as no l?arm, for all society women all over the world, whether European. American or savage, love to appear in public with the best they have in gowns, jewels and ‘feathers. “One of the ladies, when getting cut of her carriage, pulled up her dress very high to allow admiration to expend itself—not on her leg, hut her stockings, upon which diamonds and pearls were embroidered. “1 really considered this most doubtful taste and vulgar. But it was still worse than that. The lady stop ped. gathered her dress up carefully and held it with two fingers and re mained so. posing before the photog raphers in profile, then full face and always with the toe advanced and the limb uncovered. “I cast my eyes around to find her husband. I do not know if it was he who quietly stood behind her until the operation was finished, but I said to myself, in France, in Paris, that woman would have been hooted and jeered by the crowd witnessing the scene, and next day her husband would have had two or three duels on his hands for permitting it. “Now, although Paris women are considered in America to have little prudery and to be barefaced, I de clare that no society woman would ever have done such a thing as this. “But perhaps this woman was not a society lady, hut only a millionair ess!” POLICEMAN DROPS DEAD. MACON, GA., June 3.—Policeman William A vent jumped off a street car last night during a downpour and started on a run toward his home a block away. Just as he reached his front gate he fell dead of heart fail ure. A WHOLESOME SUMMER DRINK Horsford’s Acid Phosphate Better than lemons or limes—healthful and delicious. Refreshes and invigorates. Adv. We have Beautiful Bedding Plants. 3c each. Atlanta Floral Co., 555 L. Fair Street. ‘‘BEST SHOW IN TOWN" AT BONITA, IS VERDICT “That’s the best tabloid musical comedy company in the country," was the opinion freely expressed by the big crowd at the Bosita Mon day. A high-class show for 10 cents. Can you beat it? The Bonita pictures are also the best to be had. If in doubt, go to the Bonita and Swift's Premium Ham Carefully selected and perfectly cured all the way through A. pure meat, delicious in haver Every Ham U. S. Inspected and Passed 1 t r Swift & Company in Atlanta”