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ALWAYS FIRST ® The SUNDA Y AMERICAN Order it NOW - Both Phones , in 100 The Atlanta Georgian. Read for Profit---GEORGIAN WANT ADS---Use for Results VOL. XII. NO. 11. ATLANTA, UA., FRIDAY, AUGUST 15, 1913. nyrlghi 1H he Georgia By The Georgian Co. 2 CENTS. i mork° HOME EDITION STATE NEW NSATION »!••+ »?•••{. +•+ •Fsv *1* • *1* v • v v*v v* v v • 'I* *f*o*I« •!•••!* v#v v#v MRS. J. W. WARDLAW. ALBANY, N. Y„ Aug. 15.—Gover- j nor William Sulzer. impeached by the State Assembly, absolutely re fused to give up the reins of govern ment or recognize Lieutenant Gover nor Martin H. Glynn as acting Gover nor, pending the impeachment trial on September 18. Mr. Glynn delivered his ultimatum to the Governor, and insisted on Sul zer vacating the office. His letter was as follows: Hon. William Sulzer. Albany: Sir—In the performance of the duty which has devolved upon me l by article 4, section 6, of the L Constitution, I officially demand that you deliver and surrender \ to me as Acting Governor, during the period of your constitutional disability to act as Governor, the use, possession and occupancy of the executive chamber and offi ces: and that you likewise deliver and surrender to me the executive privy seal of State of New York, and also all books, papers, rec ords and documents in said cham ber or offices or elwhere in your charge, possession or cus tody relating to or in any wise connected with or pertaining to the executive department. Respectfully. MARTIN H. GLYNN. Acting Governor. Governor’s Reply to Glynn. In his reply, the Governor said: Executive Chamber, Aug. 15, 1913. To Hon. Martin H. Glynn. Lieu tenant Governor. Sir—Yours of August 15 de manding that I deliver and sur render to you as Acting Governor the use, possession and occupancy of the executive chamber and of fices, and that 1 likewise deliver and surrender to you the execu tive privy seal of the State of New York, and also documents, papers records in said chamber or offices or elsewhere in my charge, possession or custody, re lating to or in any way connected with or pertaining to executive department received. In response thereto I decline to recognize you as Acting Governor of the State, and decline to de liver to you the use, possession and occupancy of the executive chamber and offices, or in any way comply with the demands and requests in vour letter. I shall continue to exercise and discharge the legislational duties ©f the Governor of the Stqte of New York; first among other reasons because I am advised that he Assembly at its present px/.-.ordinary session possessed anu post?ey^es no power or author- . itv to prefer articles of impeach ment; and secondly, because the Lieutenant (Governor of the State is not authorized to act as Gov ernor in case of the impeachment of the Governor unless such im peachment is sustained. Proposes Hasty Trial. For the purpose of preventing *n unseemly struggle I suggest that counsel for the lieutenant Governor and myself agree upon a method of submitting the question IO the courts for decision: and f,,r that purpose that an extraor dinary session of the courts be forthwith called in order that a speedy determination may be had. Respectfully, WILLIAM SULZER, Governor. Glynn’s letter was handed to Mr. Sulzer in the Capitol shortly after noon by Glynn's private secretary, who had to run the gantlet of the guards before he could get to see .he Governor. This development fol lowed the formal recognition of Mr. as Acting Governor by Sec- of State Mitchell May. Sulzer and his counsel con ferred upon the Glynn letter and took steps for the next move in the bit ter warfare belweenjhe pro-Sulzer Continued on Page 6, Column 5. Glynn retary Mr. What Do You Know About Ice Cream ? What do you know about the adulterations, the dangers, the poisons in the soda water and other “soft drinks” that your children take if Dr. Wilev, the great food specialist, formerly head of the national health department, KNOWS ALL ABOUT SUCH THINGS. See what he has to say on the subject in the August number of HOOD HOUSEKEEPIN(i. now on the newsstands. Know the risks that you and your children run. and protect yourselves. Read Dr. Wiley’s articles on pure food every month in Good House keeping Magazine. Poor Woman! She's Losing Figure and Getting Horse Feet Lor Angeles, Cal., Aug. 15.— “In a few gen erations Ameri can women will have feet like horses.” said Miss Clara Houston, of Chicago, owner T the most perfect feet in the world, “unless they stop wearing slippers and shoes that throw the feet out of shape and squeeze the toes so that they over lap.” According to Miss Houston, dancing i s ex tremely harmful for the feet. She declares that thvs tango and the turkey trot have made a number of chiropodists pros perous this year. Washington. D. C.. Aug. 15.—The wife of the Amer ican farmer is losing her figure This is due t? water — its hand ling. not its use — according t o President Joseph Look, of the Mis sissippi Normal Col legp, “The water for the kitchen has to he lifted so many times after it is drawn from the well,” said Mr. Took, “that the lift a day will be brought up to a ton, and the lift ing of a ton a day w l 1 take the elacticity out of a woman’s Jiitep, the bloom out of her cheek and enjoyment from her soul.” Slit Uniforms for Chicago Policewomen CHICAGO. Aug. 15—Malefactors' 3Com of the “lady cops" turned to real fear to-day when the “Catch ’em Skirts” waft announced. The “Catch ’em” is a skirt of the usual narrow proportions, but equipped with a long slit and a drawstring. The "lady cop” can't run fast when the slit is closed for ordinary gait. But if speed is necessary, the wearer pulls a mys terious string, and—lo! a long slit, reaching up to the knee, appears. Only policewomen, of course, will be allowed to wear the new skirt. When Is Boarding House Not One, Is Riddle for Mayson Recorder Pro Tern. Preston has re quested City Attorney Mayson to be present in Police Court Friday after noon to construe the city boarding house ordinance and tax ordinances, which apparently are In conflict. The question was raised In the case of Mrs. B. E. Carcoll, of No: 15 Hous ton street, accused of conducting a boarding house without a license. A recently enacted city ordinance pro vides that all boarding houses must have a license. The tax ordinance provides that all boarding houses of as many as fifteen rooms must pay a license fee and specifies the amount. Mrs. Carroll’s house contains less than fifteen rooms and she contends that she does not need a license. PARALYZED BY DIVE. MOBILE, Aug. 15.—By diving in two feet of water near Shubuta. Miss.. C. B. Wyatt, a prosperous farmer, in jured his spinal cord and is paralyzed from his waist down. His head hit the bottom Picnicker Falls Into Burgoo Pot; Stewed LEXINGTON, KY . Aug. 15.—Nat Gist is near ilea In to-dav after be ing boiled in a'kettle of burgoo at the Blue Grass Fair last night. He waa tending the tire under the tuge caldron, which was buried so that the top of the kettle was level with the ground. His foot slipped and he n.e.tied head tirst into tile J U D G E ATTACKS ‘THIRD DEGREE' Chief Justice Hill Reverses Un derwood Liquor Verdict in Fa vor of Defendant. Sharply scoring “third degree” methods of extracting testimony from witnesses and rebuking officers of the law who Illegally deprive sufttytected persons of their liberty, Chief Justice Hill, of the Court of Appeals of Geor gia. Friday handed down a decision, concurred in. reversing the decision of Underwoodfagalnst the State. The case has attracted widespread attention throughout the State. Un der wood. a groceryman, was arrested, tried and convicted for keeping Intox icating liquors in his place of busi ness, the arrest, the court states, be ing made without a warrant. Upon conviction, the defendant ap pealed the case, but later the decision was upheld by the City Court Americus*- It was then taken to *ha Court of Appeals, which reversed the decision Friday. In his opinion Judge Hill declates that the “officers illegally deprived Underwood of his liberty, search'! his premises illegally, made an assault and battery upon his person and 'n so doing violentiv pulled down the constitutional bulwarks which pro tected him as a citizen.” “Any compulsory discovery of self- incriminating evidence,” the Judge says, "is abhorrent to a proper sense of justice and is intolerable to Amer ican manhood.” What is commonly known as the methods of “third degree,” he says, frequently used by zealous officials, has no place In the jurisprudence | which holds that every man is inno cent until proved guilty. One after another in rapid succession men and wo men went to the stand Friday as character witnesses in the closing stages of the battle for the life of Leo M. Frank, charged with the murder of Mary Phagan. Startling disclosures inimical to Frank were prom ised by Solicitor Dorsey in rebuttal of the scores of wit nesses called by the defense. That Dewey Hewell, a 16-year-old girl who has been brought from the Home of the Good Shepherd in Cincinnati especially to testify against the young factory superintendent, will be one of the State’s most important witnesses, was learned Friday after the girl’s arrival in Atlanta, where she formerly lived. Exactly the nature of her testimony was not revealed. Mrs. Mary Bohnefeld, police matron, who returned with the girl Friday noon, said that she had not talked with her charge in regard to the matter. The Solicitor is known to have about twenty other witnesses whom he may call in the rebuttal. Friday’s witnesses were drawn from many walks in life. Most of them were well known in Atlanta. Some of them had met the defendant in a business way, others socially. Some had known him from their associations with him at the National Pencil Fac tory and at Montag Bros. Others formed their opinion of his character from knowing him in the work of the N’Nai Brith, of which Frank is the president. * 1 Persons Who Knew Him at Home Called. Previous days had introduced men who had known him in his college days at Pratt Institute and Cornell University and, later at his home in Brooklyn. Friday narrowed the character wit nesses down to those who had known him during the five years he had been in Atlanta. If numbers count for anything, Frank’s case will be helped by the number and character of people who have been called ta swear to his good character up to the time of the tragedy of April 26. The court attaches were kept busy directing the witnesses into the courtroom. Few of them were cross-questioned. The majority were asked only the formal questions as to their acquaint ance with Frank and their knowledge of his character and were then excused Solicitor Dorsey for the most part seemed content until the time when he should be able to call his own witnesses in rebuttal. He questioned a few of Frank’s acquaintances briefly to deter mine exactly the ground they had for their conviction of the de fendant's good character, but seldom went further than that. Defense Near End of Case. When court reconvened in the afternoon Attorneys Luther Rosser and Reuben Arnold announced that the defense probably would not rest until some time Saturday, although there remained a possibility that they would close their case with the statement of Frank Friday afternoon. The State, if the defense rests Saturday noon, will finish with its rebuttal Monday night or Tuesday forenoon, it is expected. One of the character witnesses, Ray Bauer, went through a severe grilling at the hands of Solicitor Dorsey. After he had tes tified to the general good character of Frank, he told Attorney Ar nold that he had been at the pencil factory on Saturday afternoons last January, times when Frank was said to have had women in his office. Solicitor Dorsey inquired of the witness how he happened to be sure of the days he was at the factory and the time in thel afternoon when he visited there. Bauer said there were special reasons why he recalled the time on the first occasion in January, but could not give an explanation that satisfied the Solicitor about the other times he was there. Girl Witness Closely Guarded. The Hewell girl formerly lived in Atlanta before her commit ment to the reform institution in Cincinnati. Chief Beavers stated shortly after the arrival of the girl that he does not know what he rtestimony will be. He intimated that the girl’s connection with the case had developed since the trial began, and that tbo So licitor is the only person who knows just what she will testify., Mrs. Bohnefeld also denied knowledge of what the girl's evidence is to be, declaring that during the trip from Atlanta to Cincinnati the Frank trial was not mentioned. The Hewell girl was taken to the matron’s ward at police* headquarters immediately upon her arrival in the city, and Seeing Tablecloth Soiled by Care less Spouse Makes Mrs. Gray “Awfully Mad.” Losing her temper when her hus band spilled some coffee on the table clem while eating lunch about 12 o’clock Friday, Mrn. L P Gray, No. 24 years old. No. 12 Hull street, Edgewood, secured a revolver and gred three shots at him. according to charges made by the police. None of the shots took effect. Before his wife could fire the re maining cartridges In the revolver, Gray ran into a room and locked the door. Mrs. Gray then telephoned the police and asked them to come out and arrest her husband. Cal! Officer O. R. Jones answered the call, and after investigating the attempted shotting, made a case against Mrs. Gray and served her with a copy of charges. She was not arrested, be cause she has a 6-week-old child. Her hearing has been set for next Friday morning in police court. According to the story the Grays told the police. Gray who is a rail road man. came home about 11:30 and found hi.s wife in a bad humor. While they were eating lunch Gray became nervous ai.d spiileti some cof fee on the table cloth. Mrs. Gray, he told the police, hit him. Gray then grabbed his w ife and pushed her into a room, shutting the door. There was a revolver in a dresser drawer in the room in which Gray had pushed his wife, and Mrs. Gray got it. S'he threw the door open and ran out into the hallway. ’« here Gray was standing. Without saving i word, according to the vtory told the police, she rais°d the weapon and fired three shots at her hu&bann. Gray then ran into a room and locked the door. H* remained there uniil the police dame. lit SHOOTS AT i HUSBAND ID SPILT COFFEE Brought From Cincinnati to Testify Against Leo Frank , .... GIRLS CALLED TO TESTIFY FOR THE DEFENSE;n MISS 0. VICKERY. MISS L. HAYES. I CASE NEA VACATE Refuses to Recognize Glynn as Acting Governor and Keeps Seal Under Lock. These young women have been summoned as witnesses.