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HEARST*S Sr\DAY AMERICAN, ATLANTA. .GA., SUNDAY, JULY 27, 1913. 3 A 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 F. 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 nlilitary 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, hut after an hour's deliberation adjourned until Tues day afternoon at 1 o’clock. Mr. McDuffie’s brief follows: 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 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 ttiat, after a mo9t 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 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 who. without notice , or warning, passed an imaginary deadline does not depend ori argu ment or judicial precedents, numer ous and highly illustrated as they are. Let us Consider for a moment the Constitution of Georgia. Section 5700, Code of 1895. as follows: “No person shall be deprived of life, lib erty or property except by due proc ess of law." Section 5t02 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 arairist him is founded; shall have compulsory proc ess ^o obtain the teatimonv of his witnesses; shall be confronted with the witnesses testifying against him. and shall have a piibt’ • and speedy trial by an impartial Jury.” These provisions of the administra tion of criminal justice are too plain end direct to leave room fdr mis construction or doubt of their mean - Ing. It states emphatically that the writ of habeas corpus shall not 34 suspended; that the civil authority shall be superior to the military’. These securities for personal liberty thus embodied Were siiqji as wisdom and experience demonstrated to be necessary for the protection of thos 1 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 ea.se of this character, to summon to his assistance any number of citizens he may think' necessary ito 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 familiar with the law and knew that be could handle the situation with the Hid. 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 commuhication 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 posse comitatus. 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 say’s 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 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 td 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 sijfle its just administration and rn.il 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. L^t 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 w’hose 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, K Y., July 26.-r Sorrow has come deeply info the life of Mr:'. Shirley Pace, of the Muddy Creek pike, who unintentionally may 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 his grandmother, after the punish ment. On examination it was* ,found that three of the spinal v* rtebrae had been dislocated. He will 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 hoj« for his re covery. The mother, who was Miss Norm 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- 1 ly in the path of a freight train which ! left the rails, several cars tumbling I down from the tracks. | One of them tore through the from nf the house and stopped directly in front of Miss Mar«vke’s bed. She was removed from the wrecked house without injury. Cripple Starving in Hole Dug for Home Liilian Lorraine to Sue Husband -!•••!• *•* +•+ +•+ Cites Story of His First Wife Two poses of Lillian Lorraine, famous Broadway beauty, who will ask courts to annul he* marriage to Frederick Gre- sheimer. 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 tlm county poor asv- j lum. Two of the Bartholomew County j Commissioners agreed to have the man faken there temporarily. Since I 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 I cripple's name is Charles Parr. He said he had been living at Goshen and that he was trying to reach Louisville. 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 J of a misdemeanor, and upon convic tion shall be punished therefor." SfM tiOl) SM9 ©f the Code Gi Which has not been repealed. say* that under such circumstances the of- 3<S4f commanding the troops shall forthwith arrest persons thus offend ing and turn them over to a civii magistrate. If there can be arty possible doubf about the abuse of the power in the ; instant case, it will be dispelled by j Section 370, Criminal Code of 1895. i codifying Acts of 1884-5. It is there l rtated emphatically that the eom- ; manding officer guarding any public OR OTHER PLACE may prescribe a reasonable distance within which persons shall not com4. 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 s<*ction, 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? 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 m 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 posirively can’t talk about the suit against my husband." said Miss Lorraine lart night, “except to say 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 in the man she twice married—the first time be fore he was legally freed from his first wife and the second time about three months ago. Her complaint cites much of the evidence given by Greshefmer’s first wife in their di vorce suit in Chicago. "Ho falsely and fraudulently repre sented to me." says the fair plaintiff, ‘that he was a respectable, honorable, law-abiding and honest citizen. -Tie concealed his true character." On June 15. she says, he de>erted her after having torn the diamond ring oft 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. Daughter of Packer, at Sixteen, Managing Melody Farm While Parents Are in Europe. LAKE FOREST, ILL., July it — Lit-tle Lolita Armour, the daughter of .1. 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 s*he 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. Rules Father's Farm. And this summer she is partioular- | ly happy. For she is a princess, rul ing over her own prihcipality. 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 w*est 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 hiarble 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 ajter 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 j paid. ** Mansion Built in Swamp. That is but the beginning, for Mr. Armour undertook to build Lolitas 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 la He full of islands and j swans, to make sunken gardens and I fish ponds, flower gardens, vegetable j gardens and greenhouses; to plant I shrubs, orchards and forest trees; to build roads, bridges and cottages, and to drftin and cultivate 1.000 acres. To-day the most obvious jobs are J but little more than half done, and I 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. Sfie WltdMi 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. Magical Development of Section Is Aided by Gainesville and Northwestern Road. Magical development in the Lim ber sections of the North Georgia mountains has caught in its tide not only* Robertstown, about whose growth a story appeared recently in The Sunday American, but neighbor ing towns as well—Helen, Brookton. Clermont and Cleveland. It la at Helen that the overnight town was built, and hot 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 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 the 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. DENVER, July 26.—A new raee, a new civilization, when reason and soundness instead of hysterra shall rine politics, education, religions, business and • • vf'i v otHer phase r>t life, will come when America applies intensive educa tion to its children instead of the sys tem n<>w In general use. That is the prophecy of Professor A. A Berio, 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, fnstead 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." MILLIONAIRE IS BURIED IN COFFIN OF CEMENT DES MOINES. July —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 casket. Then the pour- in* of cement was resumed until the grave was filled. Buy a Diamond 0b Monthly Payments You can buy a good dia mond on such ’ convenient monthly payments the outlay will not be felt. , Say you wanted a diamond ring at $150. You pay one- fifth ($50.00) cash and settle the deferred balance in ten equal monthly payments of $-0.55 each. Tliis 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 100-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. Atlanta Conservatory of Music Announces its complete reorganization under the general direction of Mortimer Wilsom. CoNDcrroR Atlanta Philharmonic orchestra SESSION OPENS SEPTEMBER i Peachtree and Broad Streets Atlanta, Georgia Unsurpassed Advantages PROSPECTV8 A (’GI ST I DEPARTMENTS: Theory and Composition, Piano. Organ, Voice. Violin, Orchestral Instruments, Technical Lectures, Artist Recitals, Orchestra Routine. Chorus Singing, Public School Music, Music Kindergarten, etc. Burea u-Extension. Broadway Star Declares She Was Deceived as to His Character When He Wooed Her. SEASHORE EXCURSION AUGUST 7. Jacksonville, Brunswick, St. Simon, Cumberland, At lantic Beach. $6.00—Limit ed 6 days. Tampa, Fla., $8 —Limited 8 days. TWO SPECIAL TRAINS. 10 p. m. solid Pullman train. 10:15 p. m. Coach train. Make Reservations Now. SOUTHERN RAILWAY. 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