Atlanta Georgian. (Atlanta, Ga.) 1912-1939, July 27, 1913, Image 3
HEARST'R SUNDAY AMERICAN. ATLANTA. OA.. SUNDAY, JULY 27, 1012.
LEGISLATIVE COMMITTEE
HEARS AUGUSTA STRIKE
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
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 nt noon Friday, but after an hour’s deliberation adjourned until Tues-
daytafternoon at 1 o’clock. Mr. McDuffie’s brief follows:
By P. C. M’
Representative I. H. P. Beck, of
Carrol] County, introduced, several
Aveeke 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
thr$e 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, the
committee would recommend the pas
sage of a law that will make a repe
tition of that lamentable affair im
possible. and would establish for all
time, in languagp and statutes un
equivocal. the supremacy of the civil
la \v.
No Argument Required.
The decision of the question as to
th* 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
O’- 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
67i)0, Code of 1S95. * 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
and 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 pub’’ • 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
lng. It states emphatically that the
writ of habeas corpus shall not be
suspended; that the civil authority
shall be su-^rior to the military.
These securities for personal liberty
thus embodied wen- such as wisdom
and experience demonstrated to be
necessary for the protection of thos*
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
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
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
lam.liar 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
DUFFIE.
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 were in that city
and the arbitrary will of a military
commander became the rule of au- I
thority.
“Governor Acted Illegally.”
In sending the troops in response
to the telephone communication from
Mayor Barrett, Governor Brown acted 1
illegally. I make that statement ad- I
visedly and after careful considera- I
tion. His act was illega: for the fol- !
lowing reasons;
First—As 1 have endeavored to I
show, the exigencies of the case did |
not require the presence of the mili- j
tia; and
Second—The Mayor, if Ue had had
reasonable cause to believe that the
disturbance could not have been sup- I
pressed by the ordinary peace officers j
and posse com it at us, 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 laws 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 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
the civil authority is paramount to the
military. Section 1458 of the Code of
1910, codifying acts of 1905. requires
the commanding officer of the troops
when called out to obey all lawful
commands of the civil officer in
charge, as above stated.
This 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 civn 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
aeadline. 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 < mil
the heart of the public prosecutor,
but it will only be temporary. Fin
ally 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.
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
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 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-
Spine Is Dislocated
By Mother’s Slap
Parent Is Grief-Stricken When She
Finds Punished Child Is Un
able to Walk.
WINCHESTER. KV„ July 26.—
Sorrow has come deeply into th & lif<
of Mrs". Shirlev Pace, of the Muddy
Creek pike, who unintentionally ma.v
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 the arm, adminis
tered several sharp slaps on his back
Just below the shoulder blade.
"I can’t walk." the child lisped to
hi^ grandmother, after the punish
ment. On examination it was found
that three of the spinal v- ’‘tebrae had
be#n dislocated. He wil ? 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 is little hop* for his re
covery.
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 Marecke’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 has been living in a hole dug
in the river bank near this city, has
been taken to th<> 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 Cijarles Parr. He
said he had been living at Goshep
and that he was trying to reach
Louisville.
Lillian Lorraine to Sue Husband
►I« 9 v
Cites Story of His First Wife
Two poses of Lillian Lorraine, famous Broadway beauty,
who will ask courts to annul her marriage to Frederick Gre-
sheimer.
Daughter of Packer, at Sixteen,
Managing Melody Farm While
Parents Are in Europe.
LAKE FOREST, ILL., July 2fi —
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’ fhe is well and strong and
happy, a beautiful girl of 16. who
limps ever so little, but lives free
from pain and full of the joy of youth
in the paradise her father has made
for her.
Rule* Father’s Farm.
And this summer she is particular
ly happy. For 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 1 of the Armours, out on tne
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 Built in Swamp.
That is but the beginning, for Mr.
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
gardens and greenhouses, to plant
shrubs, orchards and forest trees; to
build roads, bridges and cottages, and
to drain and cultivate 1.00ft acres.
To-day the most obvious jobs are
but little more than half done, and
so there are years of hard work left.
All this daily labor and working
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
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
a 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.
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 n> go orto remain bn 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 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 s*o,
shall be guilty of a misdemeanor. Un
der uhis 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.
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
Rcth 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 las’t 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 relieves me of him."
The complaint states that Miss Lor
raine was grossly deceived iri the than
she twice married—the first time be
fore he was legally freed from his
first wife and the .‘»pcond time about
three months ago. Her complaint
cites much of the evidence givep 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 and honest citizen. He
concealed his true character." on
June 15. she says, he de*»erted 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-
feld came out of the restaurant with
Miss Lorraine and then caned him
Ziegfeld insisted he was mystified
over the motive for this attack.
Magical Development of Section
Is Aided by Gainesville and
Northwestern Road.
Magical development in th<» lum
ber sections of the North Georgia
mountains has caught in its tide not
only Robcrtstown, about whose
growth a story appeared recently in
The Sunday American, but neighbor
ing tow'ns 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
i electric-lighted hotel and residences,
waterworks and all the appurten
ances of a modern city.
The new 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 as North Helen,
the name being changed by th e rail
road company.
The trains are operated by a tele
phone system, and are imposing af
fairs with their 75-ton locomotives.
Stops are made at sixteen stations
along the line.
Baby Talk Is Rot,
Professor Asserts
Dr. Berle, of Tufts College, Says
Children Have to Unlearn all of It
in School.
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 \
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 casket. Then the pour
ing of cement was resumed until the
grave was filled.
DENVER, July 26.—A new race, a
new civilization, when reason and
soundness instead of hysterra shall ruie
politics, education, religions, business
and every other phase or 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 bit 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 his first
few years In school unlearning all the rot
taught him before he enters."
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10:15 p. m. Coach train.
Make Reservations Now.
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Announces its complete reorganization under the general direction of
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