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TTOA'RST’s STTCDAY AMERICAN. ATLANTA. GA.. SUNDAY, JULY 27, 1212.
3 A
LEGISLATIVE COMMITTEE
HEARS AUGUSTA STRIKE
Spine Is Dislocated
By Mother’s Slap
Parent Is Grief-Stricken When She
Finds Punished Child Is Un
able to Walk.
Lillian Lorraine to Sue Husband
v#v
*9 • *;♦
+•+
Attorney P. C. McDuffie, Represent
ing Family of Victim, Prepares a
Brief Bitterly Arraigning Militia.
Declares Governor Acted Illegally
—
Characterizing the shooting of citizens during the street car strike in j
Augusta last year as willful and malicious murder. Attorney P. C. McDuffie,
representing the family of one of the men killed by the militia, has pre
pared a brief In which he bitterly arraigns the military laws of Georgia,
that enable the militia to place a city under martial law and supersede the
civil authorities. He declares that the men responsible should be prosecuted
in the criminal courts.
Mr. McDuffie is presenting his side of the case to the legislative com
mittee, which is conducting an investigation of the shooting. This hearing
began at noon Friday, but after an hour’s deliberation adjourned until Tues
day afternoon at 1 o’clock. Mr. McDuffie’s brief follows:
By P. C. M’DUFFIE.
Representative I. H. P. Beck, of
Carroll County, introduced, several
weeks ago, in the Legislature a reso
lution of far-reaching importance.
■This resolution, which is now being
considered before" the House Com
mittee on Military Affairs, has for its
purpose a thorough investigation by
a committee composed of members of
the House and Senate of the conduct
of Georgia’s Chief Executive in call
ing out the militia and the killing of
three citizens by members of the
State militia last year during the
street railroad strike in Augusta.
A favorable report should be made
without delay, and a fair and impar
tial committee appointed to consider
not only the instant case, but the
whole subject of military or so-called
martial law in Georgia.
It is fair to assume that, after a
most cursory examination of the facts
surrounding the Augusta atrocity, thf
committee would recommend the pas-
saee of a law that will make a repe
tition of that lamentable affair im
possible, and would establish for all
time, in language and statutes Un
equivocal, the supremacy of the civil
law.
No Argument Required.
The decision of the question as to
the right of the Governor to call out
the militia and the power of the men
composing that organization to over
ride the civil authority and to kill in
nocent citizens whe, without notice
or warning, passed an imaginary
> deadline does not depend on argu
ment or judicia 1 precedents, numer
ous and highly illustrated as they
are.
Let us consider for a moment the
Constitution of Georgia. Section
5700, Code of 1895. * r as follows: “No
person shall be deprived of life, lib
erty or property except by due proc
ess of law'." Section 5702 says:
"Every person charged with an of-
- fense against laws of this State shall
have the privilege and benefit of
counsel; shall be furnished, on de
mand, with a copy of the accusation
end a list of the witnesses on whose
testimony the charge aeainst him is
founded: shall have compulsory proc
ess to obtain the testimony- of his
witnesses: shall be confronted with
the witnesses testifying against him,
and shall have a publ 1 • and speedy
trical by an impartial jury."
These provisions of the administra
tion of criminal justice are too plain
end direct to leave room for mis
construction or doubt of their mean
lng. It states emphatically that the
writ of habeas corpus shall not be
suspended: that the civil authority
shall be su^*rior to the militarv.
These securities for personal liberty
thus embodied were such as wisdom
and experience demonstrated to be
necessary for the protection of thos s
accused of crime.
Sheriff Refuses Militia.
At the time of the disturbance in
Augusta. John W. Clarke, Sheriff of
Richmond County, was asked by
Mayor Barrett if he would call for
troops. It was reported in the daily
press that Captain Clarke said, "No^
I won’t; the mob has dispersed; there*
is no necessity for any troops.”
Under section 362, Criminal Code
of 1910, the Sheriff was the author
ity. in a case of this character, to
summon to his assistance any number
of citizens he may think necessary
to prevent violence.
». This posse so summoned could ar-
( rest the persons engaged in violating
the law. or, if the exigency of the
case require, in order to prevent hu
man life from being taken by mob
violence, they could take the life of
any person so engaged, and for that
purpose they could bring, when so
summoned, firearms; provided, how
ever. as the statute says, "Life shall
, ?iot be taken unles it is necessary to
save the life of the person being mob
bed or to protect the lives of such ar
resting officer or his posse." Is not
that a sufficient guarantee against
mob violence?
Will anyone say that this was a
case of overmastering necessity and
that it was necessary to call out the
militia in order to combat the dis
turbance?
Captain Clarke, *who evidently was
familiar with the law and knew that
he could handle the situation with the
aid, if necessary, of the law-abiding
citizens of Augusta, refused to call
upon the Governor for aid, but the
railroad’s counsel and Mayor Barrett j
thought otherwise, and telephoned '
Governor Brown to send the militia.
Before the Governor’s proclamation ,
could be made known to the people of
Augusta, the troops were in that city
and the arbitrary will of a military j
commander became the rule of an-
thority.
“Governor Acted Illegally.”
In sending the troops in response
to the telephone communication from
Mayor Barrett, Governor Brown acted
illegally. I make that s’atement ad
visedly and after careful considera
tion. His act was illegal for the fol
lowing reasons:
First—As I have endeavored to
show*, the exigencies of the case did
not require the presence of the mili
tia; and
Second—The Mayor, if tie had had
reasonable cause to believe that the
disturbance could not have been sup
pressed by the ordinary peace officers
and posse comltatus, as above out
lined, then it was the duty of Mayor
Barrett to report the facts and cir
cumstances IN WRITING to the j
Governor and request him to order!
out such portion of the militia as was
necessary to enforce the laws and pre- j
serve peace, and thereupon it became I
the duty of the Governor, if he deemed !
such apprehension well founded, to i
order out or direct to be held in
readiness, such portion of the militia
as he deemd advisable for the proper
enforcement of the law.
Civil Law is Paramount.
The Constitution is imperative that i
the civil authority is paramount to the ’
military. Section 1 458 of the Code of !
1910, codifying acts of 1905. requires
the commanding officer of the troops
when called out to obey ail lawful j
commands of the civil officer in
charge, as above stated.
This position is emphasized by I
section 1433 of the Code of 1910,
which says that w’henever any por- i
tion of the militarv is employed in
the aid of the civil authorities the
Governor may, by proclamation, de
clare a state of insurrection in that
locality, which demonstrates clearly I
that it was in the contemplation of
the Legislature for the troops to aid
the ci\ii authority as long as it ex- j
ists, and that thereafter, as above i
pointed out. It becomes the duty of
the Governor to take charge of the j
militia in person at the scene of dis
turbance.
In the disturbance at Augusta the
militia established an imaginary
deadline, and without previous notice
drew an imaginary line, and then
without warning proceeded to riddle
with bullets three unarmed, innocent
men. who could not possibly have in
tended to commit violence of any
sort, nor could they have been en
gaged in any riot, mob or other un
lawful act.
Politics may thwart the due proc
esses of the law, in difference may
stifle its just administration and cmil 1
the heart of the public prosecutor,
but it will only be temporary. Fin- ;
ally th e people wtll be aroused, for j
the ends of justice will never be met ]
in this case, until the guilty parties
have been indicted by the Grand Jury
of Richmond County and tried by the !
Superior Court.
The Duty of Militia.
Section 1436 of the Criminal Code
of 1912 says that before any military
force can be used it is the duty of
the civil and military officer in charge
to command the persons composing
the unlawful assembly to disperse
and return peaceably to their homes.
If they willfully and intentionally fail I
to do so, as soon as practicable, the
members of the assembly are guilty
of a felony and shall be imprisoned in
a penitentiary not less than one nor
more than five yeaVs, but it is no
where stated that they shall pay the
extreme penalty of the law.
Fixing a Dead Line.
Let us consider by what authority
the militia drew an imaginary line
passage beyond w’hich meant death.
Section 1441 says that when the
military forces have been called out.
it shall be lawful for the civil offi
cer under whose orders the military
forces are acting, or the commanding
officer of such military forces, if it be
deemed advisable to do so. in subdu
ing stich unlawful assembly, to pro-
W INC HESTER. KY„ July 26.—
Sorrow has come deeply into the lift
of Mre. Shirley Pace, of the Muddy
Creek pike, who unintentionally ma>
be the cause of the death of her child,
Leon Allen, aged 3. Because of some
act of disobedience the mother, catch
ing the child by th’e arm, adminis
tered several sharp slaps on h!s back
Ju81 below the shoulder blade.
"I can’t walk," the child lisped to
his grandmother, after the punish
ment On examination it was found
that three of the spins' v* riebrae had
been dislocated. He \vil f be taken to
a Lexington hospital next week and
Dr. B. F. Van Meter will attempt to
straighten the little fellow's spine,
but there i« little hop* for his re
cover'*
The mother, who was Miss Nona
Rye before her marriage, is grief-
stricken.
Train Intrudes Into
Boudoir of Maiden
Crashes Into Schoolgirl’s Room in
Early Morning as She
Is Sleeping.
CHICAGO. July 26.—Miss Clara
Marscke was sleeping the untroubled
sleep of a carefree schoolgirl early
to-day, when suddenly something en
tered the room. It was a railroad
train.
The Marscke home stares straight
at a railroad embankrr nt, and direct
ly in the path of a freight train which
left the rails, several cars tumbling
down from the tracks.
One of them tore through the front
of the house and stopped directly in
front of Miss Marsvke’s bed. She was
removed from the wrecked house
without injury.
Cripple Starving in
Hole Dug for Home
County Commissioners Take Care of
Him When He Says He Hadn't
Eaten for Weeks.
COLUMBUS. IND.. July 26.—A
cripple, having only one arm and one
leg, who ha« been living in a hole dug
in the river bank near this city, has
been taken to the county poor asy
lum. Two of the Bartholomew County
Commissioners agreed to have the
man taken there temporarily. Since
the publication of a story about the
cripple’s condition, some one had
given him a pair of trousers and food
was taken to him. He ate as if he
had not tasted food for weeks The
cripple’s name is Charles Parr. He
said he had been living at Goshen
and that he was trying to reach
Louisville.
Cites Story of His First Wife
Two pores of Lillian Lorraine, famous Broadway beauty,
who will ask courts to annul her marriage to Frederick Gre-
sheimer.
Baby Talk Is Rot,
Professor Asserts
Daughter of Packer, at Sixteen,
Managing Melody Farm While
Parents Are in Europe.
LAKE FOREST, ILL., July 2« —
Lit-tle Lolita Armour, the daughter
of J. Ogden Armour, multi-million
aire packer, is now queen of her
father’s magnificent estate here.
Lolita is the little girl who was
born lame and never walked a step
until Dr. Lorenz came from Vienna
and worked a miracle with his hands,
putting her hip bone in the place
where nature had forgot to put it.
Now the is well and strong and
happy, a beautiful girl of 16, who
limps ever so little, but lives free
j from pain and full of the joy of youth
in the paradise her father has made
for her.
Rules Father's Farm.
And this summer she is particular
ly happy. Fev she is a princess, rul
ing over her own principality.
Both father and mother are in Eu
rope, and in their absence she is man
aging Melody Farm, the country es
tate of the Armours, out on the
prairie to the west of Lake Forest.
To know- what that means you
should see Melody Farm. Many a
really truly princess has a far hum
bler principality.
Most princesses, too, haven't much
to do but wear their coronets. But
Miss Lolita has a job on her hands.
To begin with, there’s the house,
called by courtesy a "country place."
Her father built it for Lolita because
the doctored cured her.
It is said $2,000,000 went into the
(beautiful white marble villa.
There are halls and corridors, clean
white walks, fountains playing, green
things growing, libraries, picture
galleries. music rooms and conserva
tories. And Princess Lolita looks
after it all and sees that the servants
keep everything in order, that the
guests are entertained, that the lar-
; der is stocked and the tradesmen are
paid.
Mansion BuiH in Swamp.
That is but the beginning, for Mr.
I Armour undertook to build Lolita's
principality out of a swamp.
Nearly, seven years now scores of
workmen have toiled to rear out
buildings. walls, terraces, pergolas
and pavilions, to dredge sloughs for
a winding lake full of islands and
swans, to make sunken gardens and
fish ponds, flower gardens, vegetable
1 gardens and greenhouses; to plant
! shrubs, orchards and forest trees; to
build roads, bridges and cottages, and
to drain and cultivate 1.000 acres.
To-day the most obvious jobs are
but little more than half done, and
j so there are years of hard w*ork left.
All this daily labor and working
j out of plans is under the eye of the
\ little girl. Joseph Burgess, the su
perintendent. manages the men—but
he reports to Miss Lolita.
She watches the green lawns and
j gardens gaining on the swamp, the
' flower beds spreading to fill the big
space within a square of brick walls
just risen, the statues and trellises
rising triumphantly over places where
year or two ago there were only
sludgy sod and mosquitoes.
Over the whole wonderful domain
is the warm July sunshine and the
clear air of the prairies fragrant with
sweet clover.
Magical Development of Section
Is Aided by Gainesville and
Northwestern Road.
Magical development in the lum
ber sections of the North Georgia
mountains has caught in its tide not
only Robertatown, about whose
growth a story appeared recently in
The Sunday American, but neighbor
ing towns as well—Helen, Brookton,
Clermont and Cleveland.
It is at Helen that the overnight
town was built, and not at Roberts-
town, as the story had it. Helen,
named for the daughter of the presi
dent of the new railroad into that
section, was laid down In the prime
val forest, and now is a town with
electric-lighted hotel and residences,
waterworks and all the appurten
ances of a modern city.
The ne%v railroad is the Gainesville
and Northwestern Railroad, which
now has in operation 37 miles of
track well constructed and laid with
60-pound rail, with modern depots
being completed along the line of
road between Gainesville and North
Helen. Robertstown, an old settle
ment, now is known ns North Helen,
the name being ( hanged by the rail
road company.
The trains are operated by a tele
phone system, and are imposing af
fairs with their 75-ton locomotives.
Stops ire made at sixteen stations
along the line.
MILLIONAIRE IS BURIED
IN COFFIN OF CEMENT
DES MOINES. July 26.—A coffin
containing the body of Oliver H. Per
kins, millionaire, who died recently,
has been placed in the heart of i
block of cement ten feet deep by ten
feet square in Woodland Cemetery.
The block will form a foundation for
a monument which will be erected in
September. An excavation ten feet
deep by ten feet square was made.
Cement was poured into the grave to
a depth of three feet, upon which was
placed a steel cgsket. Then the pour
ing of cement was resumed until the
grave was filled.
Dr. Berle, of Tufts College, Says
Children Have to Unlearn all of it
in School.
DENVER, July 26.—A new race, a
new civilization, when reason and
soundness instead of hysterra shall rule
politics, education, religion*, business
and every other phase ot life, will come
when America applies Intensive educa
tion to its children Instead of the sys
tem now in general use.
That is the prophecy of Professor A.
A. Berle. of Tufts College. He said:
"Every hit of the foolish jargon taught
babies nowadays will have to be un
learned some day. The average father
and mother, instead of preparing their
child for school, instead of establishing
a foundation for education and knowl
edge. do the very opposite.
"The average child spends hi* first
few years in sc hool unlearning all the rot
taught him before he enters."
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MAIER & BERKELE, Inc.
Gold and Silversmiths,
31-33 Whitehall Street,
Established 13€7.
hibit all persons from occupying or
passing any street in the vicinity of
the riot.
What is the penalty for violating
these-regulations ? I quote the exact
language of the section: "And person,
after being duly informed of such
prohibition and regulation, who at-
tempest to go orto remain on such
street, road or place, or who fails tq
depart after being warned, is guilty
of a misdemeanor, and upon convic
tion shall be punished therefor."
Section 5369 of the Code of 1895,
which has not been repealed, says
that under such circumstances the of
ficer commanding the troops shall
forthwith arrest persons thus offend
ing and turn them over to a civil
magistrate.
If there can be any possible doubt
about the abuse of the power in the
instant case, it will be dispelled by
Section 370, Criminal Code of 1895.
codifying Acts of 1884-5. It is there
stated emphatically that the com
manding officer guarding any public
OR OTHER PLACE may prescribe a
reasonable distance within which
persons shall not come, and that any
person KNOWINGLY AND WILL
FULLY. without lawful excuse, com
ing within said limits, without the per
mission of such officer, and refusing
to depart after being ordered to do so,
shall be guilty of a misdemeanor. Un
der this section, the officer’s authority
is expressly limited. He can simply
arrest the offender and turn him over
to a civil magistrate.
In the light of these sections, will it
be denied that the conduct of the
militia was a direct violation of the
criminal law and that the guilty par
ties should be held answerable there
to?
Broadway Star Declares She Was Deceived as to
His Character When He Wooed Her.
SEASHORE
NEW YORK, July 26.—Lillian Lor
raine, whose beauty has aided in
making musical comedy popular along
Broadway, yesterday instructed her
attorney. Herman L. Roth, to draw
up a complaint to have her marriage
to Frederick Gresheimer annulled.
Her directions were followed im
mediately, and soon process servers
were scouring the city with a sum
mons for Gresheimer. who has not
be>n seen since his wife went before
the Grand Jury and charged him with
taking a valuable diamond ring and
pawning it for about $2,250. He re
turned the pawn ticket to her and
disappeared.
Gresheimer in Europe.
"As nearly as we can learn," Mr
Roth said last night, "Mr. Gresheimer
has gone to Europe. We will have to
serve him by publication. I presume."
"I positively can’t talk about the
suit against my husband," said Miss
Lorraine last night, "except to sa\
that I have asked Mr. Roth to begin
a suit. I couldn't stand his actions
any longer. I will be glad when the
court relieve® me of him."
The complaint states that Miss Lor
raine was grossly deceived in the man
she twice married—the first time be
fore he was legally freed from ills
first wife and the second time at oat
three months ago. Her complaint
cites much of the evidence given by
Gresheimer's first wife in their di
vorce suit in Chicago.
"He falsely and fraudulently repre
sented to me." says the fair plaintiff,
‘that he was a respectable, honorable,
law-abiding an<t honest citizen. . He
concealed his true character." ‘ On
June 15, she sa»ys, he deserted her
after having torn the diamond ring
off her finger.
His last spectacular appearance In
public was at Martin’s on June 29
last. He waited until Florenz Zieg-
feid came out of the restaurant with
Miss Lorraine and then caned him
Ziegfeld insisted he was mystified
over the motive for this attack.
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AUGUST 7.
Jacksonville, Brunswick,
St.. Simon, Cumberland, At
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TWO SPECIAL TRAINS.
10 p. m. solid Pullman train.
10:15 p. m. Coach train.
Make Reservations Now.
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