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ITEARST’S SUNDAY AMERICAN, ATLANTA, 0A„ SUNDAY, JULY 27, 1013.
LEGISLATIVE COMMITTEE
HEARS AUGUSTA STRIKE
KILLING CALLED MURDER
Attorney P. C. McDuffie, Represent
ing Family of Victim, Prepares a
Brief Bitterly Arraigning Militia.
Declares Governor Acted IllegalF .
Characterizing the shooting of citizen* during the street car strike in
Augusta last year as willful and malicious murder, Attorney P. C. McDuffie,
representing the family of one of the men killed hv the militia, has pre
pared a brief in which he bitterly arraigns the military laws of (ieorgia,
that enable the militia to place a city under martial law and supersede the
civil authorities. He declares that the men responsible should !>e prosecuted
in the criminal courts.
Mr. McDuffie is presenting Ills side of the case to the legislative com
mittee, which is conducting an Investigation of the shooting. Tills hearing
began at noon Friday, but after an hour’s deliberation adjourned until Tues
day afternoon at 1 o’clock. Then every military officer who was in Augusta
will be called to testify. The testimony of a woman, Mrs. B. H. Dunbar,
who said that one of the officers told her he had ordered promlscus firing,
has caused the legislature to decide to probe the affair deeply. Mr Mc
Duffie’s brief follows:
By P. C. M'DUFFIE.
Second Georgia's
Encampment Ends
Regiment Leaves St. Simons Island
for Home Towns—Eight Days
of Army Life.
BRUNSWICK, July 26.—The Sec
ond Regiment of the Georgia Na
tional Guard broke camp on 8t. Si
mons Island at non to-day and ar
rived in Brunswick shortly after ]
noon. The soldiers immediately j
hoarded Coast Line and Southern |
trains and left during the afternoon 1
for their home cities. The boys have
enjoyed camp life for eight days.
Colonel Thomas, who was in com
mand, Joined the officers who were
here with the Fifth Regiment in
their recommendation that the island
be made a permanent camp for the j
militia. Tire United States army offi- '
cers who have been detailed to train
the Georgia troops are loud in their*
praise of the militia of this State.
TO TRY FOUR NEGROES AT
DUBLIN FOR KILLINGS
DUBLIN, July 26 Superior Court will
begin in this city Monday next for Its j
regular midsummer term. The Brand |
Jury will convene, and in addition to a
thorough investigation of the county's j
affairs a great deal of criminal busi
ness will be transacted.
The four negroes held for the killing i
of Mr and Mrs. J. T Hewell a few
weeks ago will be tried at this term o
the court.
Girl Who Caused Arrest
Of Rev* Crawford Jackson
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 Uhlcf Executive in call
ing out the militia and the killing < f
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
" hole subject of i lllitary or so-called
mgriial law in Georgia.
It is fair to assume that, after a
rr« f*‘ cursory examination of the facts
surrounding the Augusta atrocity, the
com it : ttee would recommend the pas-
sriL’o of a i a w that will make a repe-
t tier tf that lamentable affair im
possible. and would establish for al!
tim< in language and statutes un-
al, the supremacy of the civil
law.
No Argument Required.
The decision of the question as to
the light of the Governor to call out
the militi a and the power of the men
composing that organization to over
ride the civil authority and to kill in
nocent citizens wh without notice
or warning, passed ar imaginary
deadline does not depend on argu
ment or judicia’ precedents, numer
ous and highly illustrated as they
are.
Let us consider for a moment the
Constitution of Georgia. Section
6700, Code of 1896, < 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
fence 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
and a list of the witnesses on whose
testimony the charge against him it*
founded, shall have compulsory proc
ess to obtain the tetKimonv of his
witnesses; shall be confronted with
the witnesses testifying against him,
and shall have a pub! 1 and speedy
trial by an impartial Jury.”
These provisions of the administra
tion of criminal Justice are too plain
and direct to leave room for mis
construction or doubt of their mean
ing. It states emphatically that the
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writ of habeas corpus shall not be
suspended; that the civil authority
shall be su^Hor to the military.
These securities for personal liberty
thus embodied wer* *uch as wisdom
and experience demonstrated to be
necessary for the protection of thcM»
accused of crimp.
Sheriff Refuses Militia.
At the time of the disturbance in
Augusta, John VV. 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 ho 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 tne statute says, “Life Khali
not 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
inob 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
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 wero in that city
and the arbitrary will of a military
commander became the rule of au
thority.
“Governor Acted Illegally.”
In .sending the troops In response
to the telephone communication from
Mayor Barrett, Governor Brown acted
illegally. I make that statement 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 he had had
reasonable cause to believe that the
disturbance could not have been sup
pressed by the ordinary peace officers
and posoe comltatus, as above out
lined, then it was the duty of Mayor
Barrett to report the facts and cir
cumstances IN WRITING to the
Governor and request him to order
out such portion of the militia as was
necessary to enforce tHe law's and pre
serve peace, and thereupon it became
the duty of the Governor, if he deemed
such apprehension well founded, to
order out or direct to be held .n
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
the civil authority ls paramount to the
military. Section 1458 of the Code oi
1910. codifying acts of 1906, requires
the commanding officer of the troops
when called out to obey all lawful
commands of the civil officer in
charge, as above stated.
Tills position is emphasized by
section 1433 of the Code of 1910,
which says that whenever any por
tion of the military 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
that it was in the contemplation of
the Legislature for the troops to aid
the civil authority as long as it ex
ists, and that thereafter, as above
pointed out. It becomes the duty of
the Governor to take charge of the
militia in person at the scene of dis
turbance.
In the disturbance at Augusta the
militia established an imaginary
ae&dline. 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% indifference may
stifle its just administration and chiil
f the public prosecutor,
She Charges
He Tried
To Hug
and Kiss
Her Against
Her Will
Lovinia
Dunder
snapped
at trial
of the
accused
pastor.
but it will only be temporary. Fi
nally the people will be aroused, for
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.
Thf Duty of Militia.
Section W36 of the Criminal Code
of 1912 says that before any military
force can be used it ls 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
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 years, but it is no
where stated that they shall pay the
extreme penalty of the law.
Fixing k a Dead Line.
Let us consider by what authority
the militia drew an imaginary line
passage beyond which 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 such unlawful assembly, to pro
hibit all persons from occupying or
passing any street in the vicinity of
the riot.
What is the penalty for violating
these regulations? 1 quote the exact
language of the section: “Any person,
after being duly informed of such
prohibition and regulation, who at
tempts to go or to remain on such
street, road or place, or who fails to
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 tufrn 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 PI.ACE may prescribe a
reasonable distance within which
persons shall not come, and that any
person KNOWINGLY AND WILL
FULLY. without lawful excuse, com
ing w ithin 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-
cer 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
lies should be held answerable there
to?
JUDGE SCORES JACKSON
AS HE FIXES HIS BAIL
Continued From Page 1.
around me. He was staggering a lit
tle. I released myself and tried to
get away, but he persisted and tried
to kiss me.
“ ‘Oh, Mr. Jackson, don’t do that,’
I pleaded with him, then I broke
away from his grasp, and grabbing
my hat, ran out of the door. As I
left, he called to me that I was dis
charged.”
* Admits Drink Was Ale.
Jackson on the stand admitted that
the liquid he had offered the girl was
ale, but declared hat it was offered
solely to cure her headache.
“Why, I knew that girl when she
was a bit of a child,” he said on the
stand, pointing to his accuser. “Four
years ago I boarded with the Dundir
family, and have known them all for
many years. I was particularly foni I
of them, especially of Lovinia, and
often took her on my knee and called
her sweetheart when she was a baby.
Her charges now’ are absolutely
false."
On cross-examination, the girl de- I
nied that the minister had ever been j
fond of her or showed openly any at
tention to her.
Scarborough on the stand told of
his sister-in-law bringing her com
plaint to him and repeated what she
had told him of Jackson’s alleged ac
tions, in substance the same as that
told by Miss Dundir on the stand.
The last witness was Probation Of
ficer Lowe, who was used as a char
acter witness against Jackson.
Lawyer Denounces Jackson.
Following the testimony, Frank I
Harralson, an attorney, representing !
the Dundir girl, launched into a bitter j
denunciation of Jackson.
“Thiv man is a minister.” declared j
Mr. Harralson. "This girl, who is the
daughter of a family which he has
known for years, comes to his office
and is insulted by him. *He should be I
severely punished for this offense.”
Following the trial Jackson depart
ed from the court with Deputy Rogers
to get funds to cover the bond.
Jackson is* well known in Atlanta,
where he has been connected with the
Juvenile Association work for several
years. Prior to his connection with
the association he was pastor of sev
eral churches in Georgia, including the
Centenary Methodist Church of Ma
con, the First Methodist Church of
Fayetteville and a church at Louis
ville. Ga. His home is in Guilford,
N. C. He has a wife, his second, and
seven children several of whom are
grown. One unmarried daughter re
sides at College Park.
ANDERSONSEES
WORE 11 TO
COT STATE DEBT
President of Senate Ridicules the
Special Tax and Special Prop
erty Valuation Ideas.
Declaring that in his opinion the
one and only possible relief for Geor
gia’s financial stringency lies in a
complete reorganization of the taxing
system, so as to provide for an equali
zation of both individual and county
taxes, Randolph Anderson. President
of the Senate, Saturday deliverer,
some sledge-hammer blows at the ar
guments of the advocates for a spe
cial tax. as recommended by Gov
ernor John M. Slaton.
Incidentally, President Anuerson
declared emphatically' that tne uppa'
oody of the General Assembly would
work overtime—“morning, noon an«j
light until the end of the session. ’ if
necessary’—to pass the neecssary leg
islation to relieve the State’s financi il
embarrassment.
The Senate, he says, eagerly awaits
the action of the House of Repre
sentatives. It now has under consid
eration a taxing bill which, it is be
lieved, will bring about the desire-1
results. Should the bill reach - the
Senate in time, he added, undoubted
ly It will be passed by a healthy ma
jority and can be put in operation not
later than next spring
Ridicules Special Tax.
President Anderson ridiculed the
special tax proposition as suggested
by the Governor and others, on the
grounds that such a constitutional
amendment could not possibly oecome
effective until the next general elec
tion in October, 1914. He also criti
cised the proposed Stabs loan, which,
he says, will have to be paid back out
of the taxes collected this year.
“It is just as easy to lift yourself
out of the mud with bootstraps,” he
declared, “as to borrow money to pa.>
back debts.” . .
In the heralded relief through in
creased property' valuations President
Anderson puts little faith, too, in view
of the hard times he say** have faced
the cotton farmers this year. If the
boll weevil strikes Georgia next year,
President Anderson says, there will be
a tremendous slump accompanied by
downward valuations.
The only possible relief, he con
cludes, therefore, is a complete re
adjustment of the present taxing sys
tem by the appointment of special
county boards, which in turn shall be
supervised by a State board composed
of from three to twelve members pos
sibly'.
“We Georgians boast of the Empire
State of the South,” declared Presi
dent Anderson, “while as a matter of
fact our State is among the poorest,
u? a result of an antiquated and un
heard-of taxing system which per
mits the non-return on hundreds of
thousands of acres of our richest land
I venture to say that there are ar
even million acres of land in this
State on which not one cent of tax is
paid.
Attacks Tax System.
“This iniquitous system has result
ed in a depletion of the State treas
ury to the extent that whereas we i
should get an even two billions of ■
dollars per year, we actually get only j
$850,000,000.
“The whole fault is with them sys- I
tern, and half-way measures will not ,
relieve it. In the first place, locally j
there should be a county' board of
tax equalizers to see to it that every
man in that county pays as much as
every other* man, in proportion, of
course. By such an equalization the
general tax rate would be reduoed by
at least 2 or 2 1-2 mills on the dollar,
while at the same time the revenues
would be Increased by the large re
turn on property which is not now
taxed.
"In the second place, the work of
the county boards should Ije super
vised by the State Board of Tax
Equalizers, which should see to it
that the counties are taxed alike
when the property of the one is as
valuable as that of the other. For
instance, if the tax rate in one county
is $10, while that in another is only
$8. the State board can equalize by
making a general raise, which ob
viously would hardly be felt by the
individual landowner. And yet the
general effect would be a big increase
in the revenue.
“We can not afford to go only half
way at this thing. The present sys
tem of Grand Jury’ supervision in the
counties must be supplanted by capa
ble county boards, which, in turn,
shall be supervised by a special State
board. The change must be com
plete—the people demand it.”
YOUTH TO BE TRIED FOR
SLAYING AND ROBBERY
WAYCROSS, July 26.—Attorneys for
the State and the defense to-day fixed
August 6 as the date for the preliminary
trial of Tom Bullard, 19 years old,
charged with the murder and robbery
of Mack Spain, an eccentric bachelor
farmer, whose home was near Mexico,
on the Waycross and Western Railroad.
Bullard is being kept here for safety.
He disclaims any knowledge of the
robbery and murder.
Delayed Shipment of Gold-
Filled Frames Just Received
Great numbers of people have been unable to get our
special offer glasses in last few days on account of this
shipment. As they are now in, you will have another
opportunity.
ALL THJS WEEK
$g? Gold-Filled $<$ .00
3 GLASSES 1 =
Bifocals and Lenses Ground to Order at Lowest Prices
Columbian Optical Co.
81-83 Whitehall Street—With Columbian Book Co.
Crowd Sees Negro
Fight With Police
Caught Attsmpting to Rob Another
Black, He Has To Be Clubbed
Nearly to Death.
Charley Allen, a negro desperado,
engaged two policemen in a fight for
their lives within the shadow of the
city prison Saturday night, and was
subdued only after he was clubbed to
unconsciousness. Hundreds of people
witnessed the conflict.
The negro was caught by Police
man W. L. Payne attempting to rob
another negro at Butler and Decatur
streets. At the approach of the po
liceman the negro drew a knife, and
became aggressive, grappling with the
officer.
Allen's arm was drawn back and
he was aiming a deadly thrust with
the big knife when lie was seized by
Policeman L. O. Askew. Askew struck
the negro on the head with his club,
and Allen went wild, fighting to cut
both men.
After several minutes of fighting,
during which the clothes of the po
licemen were torn and cut and the
officers bruised considerable the ne
gro was beaten into subjection and
hauled to the station hou^e. Later he
was sent to Grady Hospital when ir.
was found that his injuries were se
rious.
New Marshal Takes
Official Oath Aug. 1
Will Not Name Appointees Until
Sworn In—Expects to Make
Macon Headquarters.
MACON, July 26.—Joseph S. Davis,
newly appointed Marshal of the Uni t -
ed States Court for the Southern Dis
trict of Georgia, will take his oath of
office August 1, succeeding George F.
White, who has held the place for
twelve years.
Mr. Davis wants to have headquar
ters in Albany, but expects the Attor
ney General to designate Macon as his
official location, on account of the
Judge and the District Attorney liv
ing here.
Mr. Davis will not announce the
names of his appointees until he goe3
into office.
Misses Prioleau Not
Seriously Injured
Atlanta Family of Young Society
Girls Gets Definite News of
Auto Crash.
From Monroe, La., Saturday even
ing Atlanta members of the Prioleau
family learned that injuries received
by Misses Theo and Dolly Prioleau in
an automobile accident Thursday
would not result seriously.
W. S. Prioleau, of No. 79 East Mer-
ritts avenue, a brother of the young
women, reached Monroe early Sat
urday afternoon. Miss Theo Prioleau
suffered a double fracture of the leg.
Miss Dolly Prioleau was bruised and
shaken, but not badly hurt.
8.8. S. CUSS
0F13UH8EDS
Thirty-six Members Gather at the
Festal Board and Recount
School Memoirs.
The Georgia Pine room at the New
Ansley Hotel last night was the ren
dezvous of a happy gathering when
the members of the class of 1912 of
the Atlanta Boys’ High School held
its second annual banquet.
George L. Bell, Jr., was the toast
master, and as the boys partook of the
delicious repast members of the class
were called upon for impromptu
speeches. Many memorable incidents
of the old class life were related and
a spirit of good fellowship prevailed.
Thirty-six members of the 1912
class were present. Eighteen of the
boys are now attending college. The
class roll follows:
Uadore Abelson, E. L. Abernathy,
Albert J Andrews. George L. Bell, Jr.,
Easom J. Bond, R. J. Broyles, H. w!
Chambers, C. H. Crocker. Charles M.
Davis, Charles I. Ennis, Howell Fore
man, Ame-s Frazer, P. F. Greenfield,
C. P. Goldsmith. Gerson Hadas, Stan
ton Henley, John W. Hili. Hal Hulsey,
Louis Les-ter. W. W. Masters, W. 6.
Mathews, Robert C. Morris, C. Mc-
Clamroch, Asa Patterson, L. A. Pin-
kussohn, John W. Russey, A. L. Snod
grass. A. Hoke Swann, G. W. Wal
ters and C. S. Winn. The class offi
cers are: E. J. Bond, president; R. C.
Morris, vice president; C. H. Crocker,
secretary and treasurer.
HYDROPHOBIC HEN KILLED
WHEN SHE ATTACKS CHILD
MACON, July 26.—A “mad” chick
en, the first ever seen or heard of
in Macon, was killed to-day by Po
liceman T. R. Roland, after the fowl
had savagely attacked his 10-year-
old boy. It developed that the hen
was bitten a week ago by a rabid
dog, but not until to-day were the
hydrophobic symptoms manifested.
When Policeman Roland first observ
ed the chicken it was fighting the
other hens. The boy went out in the
yard to see what was the matter with
his pet, and the hen viciously fought
him.
BALTIMORE, MD.
$20.85 Round Trip $20.85
Tickets on sale August 1,
2 and 3. Return limit Au
gust 15. Through electric
lighted steel sleeping cars.
Dining cars on most con
venient schedules.
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By Mail 2S Cents, or at Druggists.
The McFaul Medicine Company
43i Marietta Street Atlanta. Georgia
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