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4 A 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 Jacobs’ Liver Salt On Arising and You’ll ioy Your Breakfast NT° lx tl appetite In the morning? BiMous? Head ache 0 Best thing In the world for you is Jacobs' Liver Salt. Bad breath, bil iousness, const!* icaiion, flatulence, daytime drowsi- tltess, wakefulness at night, means FOOD-POISONING. Undigested food, fermented, is doling out poison to the system. Jacobs' Liver Salt instantly flushes the alimentary tract with water, sending a cleansing stream through U from all parts of the system. Pack ed, clogging matter is loosened and with the fermentation washed away, pressure is removed, liver and kid neys resume their natural cleansing processes* of elmination. No forced action, as with calomel, and severe purgatives; never a griping pain or nausea. Take Jacobs' Liver Salt on arising. It is effervescent and stimulating. You. feel better at once, good appetite for breakfast and good digestion; that i the heart dull heaviness vanishes and your brain Ls clear and quick Keeps one up to the notch. Jacobs’ Liver Salt is the business man’s best stimulant. 25c, delivered ^nywhere, postpaid. All Jacob’s Stores And Druggitt * Generally 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. SOUTHERN RAILWAY. Stop That Whooping Cough WITH THE McFAUL Whooping Cough Powders /n.fanf Relief In Use Over 30 Years For young babies, children or adults. Contains no dangerous or habit-forming drugs. When given to children under two years of age it is almost a specific, rendering the disease so mild that the whoop is not heard. Prepared by a physician for physicians and physicians proscribe and recommend It. By Mail 2S Cents, or at Druggists. The McFaul Medicine Company 43i Marietta Street Atlanta. Georgia NUXCARA Cures Indigestion! Indigestion and all its accompanying evils—headache, loss of appetite, sleep lessness and irritability—ean be com pletely and permanently cured. TAKE NUXCARA 3 Times a Day One-lialf hour before each meal. Then eat whaf you please, for NUXCARA will in stantly relieve while gradually effecting a permanent cure. NUXCAR A is a pure vegetable prep aration. ASK YOUR DRUGGIST $1.00 a bottle, 6 for $5.00 Lamar-Rankin Drug Co. DISTRIBUTORS Edmondson Drug Co. Special Atlanta Agents 106 N. Pryor 11 N. Broad St. Manufactured by the NUXCARA Co., Atlanta