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HEARST’S SUNDAY AMERICAN, ATLANTA, P,A , SUNDAY, JULY 27, 3 A E 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 at noon Friday, but after an hour’s deliberation adjourned until Tues day afternoon at 1 o’clock. Mr. McDuffie's brief follows: 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 +•+ •he* +•* •be* +•+ By P. C. M’ 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 .ff 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 mos>t cursory examination of the facts surrounding the Augusta atrocity, thf 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 al! 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 nower of the men composing that organization to over ride the civil authority and to kill in nocent citizens win, without notire or warning, passed ar imaginary deadline does not depend on argu ment or judicia 1 tvecedents, numer ous and highly illustrated as they are. Let us consider for a moment the Constitution of Georgia. Section 5700, Code of 1895, as fallows: “No person shall be deprived of life, lib erty or property ex©* pt 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 against 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 Ing. It states emphatically that the writ of habeas corpus shall not oe suspended; that the civil authority shall be su^rior to the militarv. These securities for personal liberty thus embodied were <uch 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 \V. 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 'illitia 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 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 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 be had had reasonable cause to believe that the! disturbance could not have been sup pressed by the ordinary pe «ee officers and posse comitaius, 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 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 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 *be aid of the civil authoiities the Governor may, by proclamation, de clare a state of Insurrection in that locality, which demonstrates clearly that it Mas in the contemplation of the Legislature for the troops to aid tne c».ii authority as long as it ex-* 1st?, 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* 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 . n- t^aged in any riot, mob or other un lawful act. . Politics may thwart the du^ proc esses of the law, in difference may stifle its just administration and > n»,l 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. 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 say's that when the military* forces have been called out. •f shall be lawful fnr 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- WINCHESTER. KY.. July 26.— Sorrow has come deeply Into the life Qf Mre. Shirley' Pace, of the Muddy Creek pike, who unintentionally may be the cause of the death of her child, Leon Allen, aged 8. 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. ”1 can’t walk.” the child lisped to his grandmother, after the punish ment. On examination it was found that three of the spinal vertebrae had been dislocated He will be taken to a Lexington ho.vpltal next week and Dr B. F. Van Meter will attempt to straighten the little fellow’s spine, but there is little hope for his re covery. The mother, who was Miss Nona Rye before her mnviage, is grief- stricken. Train Intrudes Into Boudoir of Maiden Crashes Into Schoolgirl’s Rocm 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 horn** stares straight at a railroad embankir at. and direct ly in the path of a freight train which left the rails, several cars tumbling down from the tra> ks. tme of them tore through the front of the house and shopped d. rectly in front of Miss Marivke’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 S*ys 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 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 on* nad 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 poses of Lillian Lorraine, famous Broadway beauty, who will ask courts to annul her marriage to Frederick Gre- sheinier. Baby Talk Is Rot, Professor Asserts Dr. Berle, of Tufts College, Says Children Have to Unlearn all of it in School. Daughter of Packer, at Sixteen, Managing Melody Farm While Parents Are in Europe. LAKE FOREST, ILL., July 26 — Lit-tie Lolita Armour, the daughter of J. Ogden Armour, multi-million aire packer, is now queen of her father’* magnificent estate here. Lolita is the little girl who wap 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 rhe is well and strong and happy, a beaufiful girl of 16. who limps ever so little, but lives free from pain end 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. For she is a princess, rul ing over her own principality. Both father and mother are in Eu rope, and 1n 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 whnt that means you should see Melody Farm. Many a really truly princess has a far hum- I bier principality. Most princesses, too. haven’t much to do but wear their coronets. But Mies Lolita has a job on her hands. To begin with, there's the house, called by courtesy a “country placq,” 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 I 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 otit 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 1.000 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 w*orking 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 law*ns and gardens gaining on thP swamp, the flower beds apreadmg to fill the big space within a square of brick walls just risen, the st r jes and trellises rising triumphantly over places where a year or two ago th®re were only sludgy sod and mosquitoes. Over the w'hole w'or.rierful domain is the warm July sunshine and the j clear air of the prairies fragrant w'ith 1 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 tido not only Robertstown, about whose grow'th 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 new* railroad is the Gainesville and Northwestern Railroad. which •now has in operation 37 miles of • track well constructed and laid with ! 69-pound rail, with modern depots | being completed along the lin® of j road between Gainesville and North Helen. Robertstown. an old settle ment. now* is known # as North Helen, the nafne being changed by the rail road company. The trains are operated by a tele phone system, and are Imposing af fairs wMth their 75-ton locomotives. Stops are made at sixteen stations along the line. MILLIONAIRE IS BURIED i IN COFFIN OF CEMENT DES MOINES, July 26.—A coffin containing the body of Oliver H Per kins. millionaire. w*ho died recently, has been placed in the heart of \ block of cement ten feet deep by ten feet square Woodland Cemetery. The block will form a foundation for a monument whlclv will he erected in September. An excavation ten feet deep by ten feet square was made. Cement waa poured into the grave 10 n 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 hysrer-a shall rme politics, education, religions, 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. Up 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 his first few years in school unlearning all the rot taught him before he enters.” Buy a Diamond On Monthly Payments You can buy a good dia mond on such convenient monthly payments the outlay will not lie felt. Say you wanted a diamond ring at $’250. You pay one- fifth ($50.00) cash and settle the deferred bulance in ten equal monthly payments of $20.55 each. This includes the six per cent simple interest—which is the difference between cash and time prices. Selections sent anywhere on approval without expense, or obligation. Write or call for 160-page catalogue and booklet, “Facts About Diamonds.” They con tain net prices on all grades and weights, besides explain ing our attractive plans. MAIER & BERKELE, Inc. Gold and Silversmiths, 31-33 Whitehall Street, Established 1887. 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 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 Mated 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 =o. shall be guilty of a misdemeanor. Un der this section, the officer’s authority is expressly limited. H? can sijjiply 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 th^t 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 2«.—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 cag 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 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 coun relieves me of him.” TKe complaint states that MJss Lor raine was grossly deceived in the m;ir: she twice married—the first time be fore he was legally freed from his first wife and the yecond time aboul three months ago. Her complaint i cites much of the evidence given by Gresheimer’s first wife in th£ir di vorce suit in Chicago. “He falsely and fraudulently repre sented Tb 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 Ztegfeld insisted he was mystified over the motive for this attack. SEASHORE EXCURSION AUGUST 7. Jacksonville, Brunswick, St. Simon, Cumberland, At lantic Beach. $6.00—Limit ed 6 days. 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