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THE ATLANTA GEORGIAN AND NEWS. GAMBLING CAN'T K PUNISHED BY CITY . Court of Appeals Rules State Law Was Usurped in Fining of Atlanta Man. An Important decision affecting the city’s right to regulate gambling wa? handed down by the Court of Appeals Hniurday in the rase of T. C. Alexan der vs. the City of Atlanta. The Appeals Uourt ruled that 1t was not In the power of the Munici pal Cdurt to punish Alexander, for the reason that the offense of gani- ing is covered by the State lav* Judge George L. Hell, of the Fulton County Superior Court, who over ruled the certiorari and affirmed the judgment of the Recorder fining the defendant, was declared in error. The trial of Alexander Under the city ordinance was a test case to de termine the city’s jurisdiction in of fenses of this sort. He was brought before the Recorder on the charge of having slot machines in his near-beer saloon in Decatur street. He was convicted, took a certiorari to the Su perior Court and was overruled. It wa» shown that the slot machine gave a package of gum for every nickel that was deposited, and that, in ;|ldition, twenty beer checks occa- tlonally formed the reward for the fortunate players of the machine. This last feature introduced the el ement of chance, according to the Court of Appeals, and placed Alexan der under the definition of a "keepe- of a gambling house,” whose punish ment was solely without the Jurisdi - tion of the city and within that of the State CAMINETTI FAILS TO SHIFT BLAMETO DIGGS Mrs. F. Drew Caminettt, wife of the defend ant in the famous white slave trial. She is net attending the trial, as did the wife of Maury Diggs, the other defendant. Mexicans Resent Wilson’s Advice to Americans to Flee—Willing to Hear From President. MEXICO CITY. Aug 30.—Advices from Vera Cru* to-day stated that Special Envoy Lind would not wait longer than next Thursday for de velopments to bring him back to Mexico City. If conditions at that time are such that the pacification negotiations can not be resumed he probably will wait no longer but will TO FLEE Methodist Church, South, Warns Its Workers—Georgia Man Is Stationed at Monterey. City Officers Will Observe Labor Day The City Hull will be closed Mon day Labor Day. An order granting the holiday was issued by Mayoi Woodward Friday afternoon, and the building will be closed all day, though the Mayor announces that he may be doing a little work In his private office. Monday is the regular meeting d, \ of the Council, but even if a quorum is present it is doubtful if a meeting will be held. Instead ad journment will be taken and the members probably go to the ball game in a body. Mrs.Rebecca Houston Dead; Church Pioneer Mrs. Rebecca Houston, an Atlanta pioneer, died at her residence. No. 61 Stonewall street, Friday. She whb eighty-four years old, and the widow of the late Columbus M Houston. Surviv ing her are one sister. Mrs. Mar>^ Ar nold, of Atlanta, one brother, .1. P Con don. of Opelika, Ala., and to nieces, Mrs. Anna Patterson and Mrs. W. J. Patterson. .Mrs. Houston was the oldest member of the First Ohristian Uhurch of Atlanta, having Joined Just after the organiza tion of the church. Funeral announcements will be made later. ENTRIES Judge Angered by Attempt of the Defense to Squirm From Un der the Charges. NASHVILLE, Aug. 30.—J. Q. Har- rlson, of Sparta, Ga., now stationed at Monterey, and other missionaries of the Methodist Episcopal Church, South, at mission posts in Mexico have been warned to flee from that country. Dr. W. W. Pinson, general secre tary of the mission board, has wired to the different misionary centers advising the representatives of the denomination to leave the country at once on account of the threatening aspect of affairs. The telegrams were sent upon the publication of Presi dent Wilson’s message to Congress, in whieh he advised all Americans to seek the seaport towns, where United States ships would be in readiness to convey them to this country. A telegram has been received from R. C. Elliott, one of the most promi nent missionaries in Mexico, in which he stated that he had been ordered to leave, and asked for funds to' pay for transportation. He was directed to make a draft on the church for funds to enable his family and other missionaries to depart. J. D. Hamilton, treasurer of the board of missions, stated that the church could not take the responsi bility of keeping its representatives in a country where conditions were so threatening. •The missionaries of the Methodist Church in Mexico at this time are the Rev. J. D. Cox, N. E. Joyner and J. CJ. Harrison, Monterey; Miss Lily Fox and the Rev. A. Marston, Mazat- lan; the Rev. J. P. Lancaster, Tor reon; the Rev. F. F. Onderdonk, Miss Ellen A later. Miss Charley May Cun ningham and Miss Fannie B. Moling, San Luis Potosi; Miss Minnie Varner, Miss Virginia Booth and the Rev. L. R. Newberry. Guadalajara; Miss ucy Harper and Miss Lizzie Wilson, Chihuahua; Miss Frankie Hooper and Miss Leila Roberts, Saltillo; Miss Nellie O’Beirne and Miss Clare Bever ly Cain, Durango. AT SARATOGA. FIRST—Three-year-olds and up. 5Vi furlongH: Colgary 118, Knights Differ 119, Leocharen 119. Semprolus 118, Shackle.on 113, House Maid 107, Lady Lightning 103, Joe Knight 109, Yankee Notions 109, Honey Bee 100. Water Wel'es 104. Hester Prynne 98, Tartar 108. Sandvale 102. Belumour 98. SECOND— Three-year-olds and up, steeplechase, handicap, about 2 miles: Maltbie 102. Bill Andrews 146. Roland Pardee 130. Zagg 140, Son of the Wind 145. Buck Thorn 150, Dissenter 137, Oc topus 134. Kohentant 140, Astute 135. Fashion Wing 137. THIRD—Two-year-olds, handicap. 7 furlongs: Gainer 120, Surprising 126, Bradley’s Choice 124, Black Toney 116. Punch Bowl 113, The Usher 118, Super intendent 117, Stake and Cap 116. Vuele Man 108. Mr Sniggs 110. Ralph 108, Spearhead 110, Sosius 106, Miss Cava naugh 102 FOURTH—Three-year-olds and tip, mile and one-quarter: Cock o’ the Walk 126. Hey bourn 112. <"». M MiUer 106, Donald McDonald 108, Guy Fisher 106, Jawbone 110, Bob R 102, Mission 100. W;—*»-n 96, Barnegat 97. Flamma 95. Absconded 92 FIFTH •T'^ee-year-olds and up. sell ing handicap, inlle: Belamour 99, Hedge 112, Col. Cook 108, Yellow Eves 98. Water Welles 106. Cliff Edge 106. Blackford 106. Working laid 106, Dr. Duenner 107. Donald McDonald 115. SIXTH—Fillies, ge’dlngs. two year- olds. f»Vj furlongs Brigs’ Brother 108. Humiliation 108. Harvest Queen 108, Tranid 108. Lily Orme 108. H or tens# 108, Hurakan 108. Well Known 108. Weather clear; track fast BAN FRANCISCO, Aug. 30.—Attor neys for F Drew Caminettt, charged with being a white slaver, have mad a no apparent headway in th«lr efforts to put the blame for the elopement to Reno of Maury Diggs, already con victed on a white slave charge; Mar sha Warrington, Lola Norris and Cartlnetii upon the shoulders of Diggs. Questions purporting to show that Diggs was the moving spirit in ar ranging and managing the trip from Sacramento to ^teno aroused Fedor il j Judge Van Fleet until he asked At- | torney Howe: "Is it your theory that Caminetti I was also abducted and taken over to Reno?” when court adjourned !i«; evening j Bankruptcy Suit Is Filed Against until next Tuesday, Marsha Warring- r J ton had finished her direct testimony. BrOWIl, StraUSS & Ward Co., She will be recalled by the deefnse’s attorneys. The surprise of the trial came yes terday when Thomas H. Warrington, father of Marsha Warrington, testK fled In place of his daughter. White- haired, clean-shaven, kindly faced, ho testified that F. Dr. Caminetti, the defendant charged with violating the - T Mann white slave .traffic act, called them. The heaviest creditor is J FIRM'S HEAD FLED. CREDITORS ASSERT Accusing President. An involuntary petition in bank ruptcy was filed in the Federal Court Saturday morning against the Brown, StrgUHs & Ward Company* liabilities totaling $4,600 being listed against frequently * his house for his daugh ter under the name of “Mr. Whit man.’’ Mr. Warrington supposed “Whitman” was an honorable suitor for Jits daughter’s hand. M. J. Sullivan, probation officer of 1 acramento U aunty, testified thic there had been no complaint made to him about either Lola Norris or Mar sha Warrington previous to their flight on March 10. On cross-exami nation Marshall Woodworth began to bring out evidence directly damaging to the character of Caminetti. Complaints about both Diggs and Caminetti had been brought to tulll- van about a week before the elope ment to Reno. Two young girls were involved and one of them was no\» in St. Catherine’s Home in this city. Ward, who claims the concern is due him $4,r»00 on notes. The concern, which dealt in real es tate, has been doing business In At lanta for some time. The creditors ask for the appointment of a receiver, and one will probably be named Mon day. The petition charges that the president of the company has ab sconded, but does not mention his name, and that the concern favored other creditors, namely, the Third National Bank, by allowing a levy on personal property; the Atlanta Oil and Gasoline Comapny, V. E. Stater- field and the Massengale Bulletin Sys- return to Washington. Foreign Minister Gamboa indicates that the negotiations are ended so far as his Government is concerned and says that there will be no definite move on the part of the Mexican Gov ernment to resume the conversations. However, Senor Gamboa said that President Huerta is open to any fur ther suggestions tl^at President Wil son cares to make. / Contrary to his purposes President Wilson's repeated demands that Huerta revign have started a presi dential boom for the Incumbent of the National Palace. Although Huerta can not legally succeed himself he can follow the course adopted by Porflrio Diaz of resigning on the eve of a presidential election and then being re-elected. In official circles resentment against President Wilson’s advice to Ameri cans to flee the country is growing. It was pointed out that under the Government that all foreigners are safe, both Mr. Shanklir and Charge d’Affaires Nelson O’Sha.ughnessy are urging Americans to leave at once. The insistency with which Amerl cans are warned to leave tne country has angered certain men of President Huerta’s Cabinet. “This is not a country of brigands and boxers,” declared Senor Gamboa “We are able to protect all foreign peoples. It is not necessary for them to leave.” Dr. Urrutia, Minister of the Interior and the firebrand of the Mexican Cab inet, denounced the warning as a tricK on the part of President Wilson to mislead other nations as to the actual conditions here. “Foreign countries are led to believe that a state of anarchy prevails all over Mexico, but as a matter of fact the greater part of the c.ountry is tranquil,” declared Urrutia. There will be a big demonstration In Mexico City to-morrow. French Approve of U. S. Peace Move. Special Cable to The Atlanta Georgian. PARIS, Aug. 30.—The Matin to day stated that the French Ministry of Foreign Affairs was convinced that the United States has the peace and well-being of the Mexican republic at heart. “The sincerity and forbearance of the American people are wonderful and commendable,’’ said this paper. The diplomatic representatives of France at Mexico City have been in structed to help the United States in every way possible to bring about order in Mexico. There is at least $75,000,000 French capital invested in Mexico. Mexioan Battle. Guadalupe Hidalgo treaty of 1S4S 2 ,000 EnffaSred ill Mexico is bound to protect all Amer- — 0 - leans within her border. This treaty likewise governs inter national disputes between Mexico and the United States. Through disuse it fell into obscurity, and this is the first time that mention has been made of it. President Huerta is preparing to to have the attention of Secretary Bryan called to the treaty. The suggestion has been made that DOUGLAS, ARIZ., Aug. 30 —A bat tle 1s in progress between 1,000 Mex ican Federals and an equal number of Constitutionalists near Topolo- bampo, State of Sinaloa, according to a dispatch received here to-day. The Federal! landed from a transport and were attacked by the rebels. RENOUNCES SOCIETY AND ENTERS CONVENT STEPIN FIEHTTD MISS NORA M’CALL She is niece of Tammany candidate for Mayor of New York r l $ k B l 8 a w- * Fugitivs Loses for First Time in Contest Against Deportation to United States. SHERBROOKE, QUE., Aug. 30 — Harry K, Thaw, for the first time since he crossed the border into Can ada, lost a skirmish to-day in the battle which must result either In his release or his deportation. Attorneys representing the Canadi an Government strained every point possible in the endeavor to put Thaw Into the hands of the immigration au thorities for deportation to-night. They did not succeed in this, but they did succeed in strategy, whimh caught the defense unprepared, when Constable Boudereau, of Quebec, was given a writ of habeas corpus, re- turnable Tuesday. The Constable is in the position of demanding the liberty of the man he arrested on,<?a- nadian soil. C. D. White and H. B. FVaaer, Thaw’s barristers here, regard the sit uation as so menacing that they tele- / graphed J. N. Greenshleld, an asso ciate in the case, to come at once from Montreal. He hired a special train and set out with the avowed In tention cf breaking all speed records for the 100 miles t oSherbrooke. Jerome was Jubilant. “Harry Is just as good as on the way to Matteawan now,” he said. The fight opened to-day when Thaw did not appear In court in answer to a writ of habeas corpus returnable at 10 o’clock this morning. As the upshot of the early argu ments came the Boudereau writ — habeas corpus writ No. 3—in the case. Ashley Opens War on Sidewalk Oil Tanks Councilman Claude L. Ashley is aft er the automobile supply merchants and others who have installed gaso line tanks on the sidewalks in front of their places of business. At the meeting of the Street Committee of the Council Friday, he declared the tanks were a nuisance and were il legal. His protest held up the petition of the H. W. Bower Company for per^ mission to install tanks at No. 1(J7 Marietta street. No. 14 West Harris street, No. 16 East Tenth street and No. 107 North Pryor street. City At torney Mayson was asked for an opin ion. His ruling will affect many mer chants. Puzzle-Where Are This Man's Brains? New York Beauty Declares She Has Had Lifelong Desire to Make Such Sacrifice. D. Zachurias and The Fulton President Wilson gave his advice to AT OTTAWA FIRST —Purse $500, two-year-olds, 6 turlongs: Rip Van Winkle 107. Patty Ro gan 109, Indo'ence 112, Allan Gold 104, Czar Michael 112. Fathom 112. SECOND—Purse $600. all ages, 514 furlongs: Kayderoseros 95. Three Links 102. Sherwood 111. Hodge 101. Sir Blaise 110. Panzareta 115. THIRD Purse $400. three-year-olds anil up. Canadian foaled, mile* Auster 100. aRattle Song 105, Amherlte 109. Busar 114. Puritan laiss 100. aCalumny 109. Tropaele\-*n 114 ; "T'tm.m entr\ ) FOURTH Purse $5©o three-year-olds and up. mile: Volita 10 r Terrible Bill 108, Mediator 110. Tacii-s 112. Dyna mite 115, < »ndramon 107, Malamont 106, Spellbound 111. Aplaster no. Towton Fie'd 115. FIFTH—Purse $500. three-year-olds and up. selling, mile and one-<|uartrr Port Arlington 99. xGood Day 96 Naughty Lad l® 7 - Senator sparks 107, xM«»onlight 100. Bchaller 101, x Wood craft 106. Lady Rankin 107 SIXTH—Purse $500. three-year-olds and up, selling. 6 furlongs George Kartne 95. Veneta Strome 106 x Lain ode 107. x s pohn 108. Back Bay 113. xYork Lad TT>. xMiss Joe 101. Song of Rocks 107. Harcourt 107. xTom Sayers 108. xYorkville 114. Merry Lad 116 Also eligible: xBlack Chief 102. xFath#»i.iln 106. Queed 106. xIncision 102, Wil is 103 SEVENTH Purse $500, three year- —_ . Ipper i u 93. xRalph Lloyd 93. xTom Holland 102. 1 The Gardener 104. Loveday 107, xOer- rard 93. Fairy Godmother 98, xMiss Jonah 102, Haldeman 107. xFiv* pounds apprentice allowance claimed. W xher clear; track fart. Ships Aground in Fogs Over Europe Special Cable to The Atlanta Georgian. LONDON. Aug 30.—Heavy and dangerous fogs were reported over all the European coasts to-day. The French gunboat Sentlnelle went ashore on Cleeness Sands, near Grimsby. A big steamer grounded on Haisbro Sands, near Cromer. As sistance was sent to botli ships. BONI, AFRICA, Aug. 30.—The Brit ish steamship Kloby went ashore oft Okrftda, West. Africa, in a thick fog to-day. Her position was reported ta be dangerous. PARIS TIRES OF CABWOMEN. Special Cable to The Atlanta Georgian. PARIS, Aug. 30.—Women cab driv ers are disappearing. A few years ago there were over 100. To-day there are only six or seven. The public no NOTED SOCIALIST DEAD. Special Cable to The Atlanta Georgian. PARIS, Aug. 30.—Jules Ooutant, famous French socialist leader, died to*4a|k tern. County Dally Report Company are the other two petitioning creditors. Mrs. c. G. Brown, operator of a millinery store at No. 249 Marietta street was the subject of an involun tary petition. Her creditors were M. Kutz Co. $175; N. Bodenhelmer, $26.88. and C. G. Brown, Esq., for money advanced. $582. The pathetic was displayed in^ a voluntary petition filed by J. O. Ew ing. a telegraph operator, who showed liabilities of $1,056, divided among 35 creditors, seventeen of whom were doctors and seven money lenders. No assets were named. A voluntary i>etltion was filed by Mrs. Rhoda Castle, with liabilities ot $195.99, with no assets. Mine, de Gogorza to Quit Operatic Stage NEW YORK, Aug 30.—Mine. Em ma Fames de Gorgoza, the famous grand opera soprano, announced her retirement from the stage to-day. Mine, de Gorgoza was a passenger on the liner La France, which arrived from Europe She supplemented her announce ment by saying that if she ever sang again it would be for charity. J. J. THOMAS HONORED. J. Jefferson Thomas has been ap pointed adjutant general on Gerenal Joseph W. Preston’s staff. Commander of eGorgia Division, U. C. V. Garrison Says There Is No “Mexican Situation.” CHICAGO, Aug. 30.—Secretary* of War Garrison, who was in Chicago to-day, refused to.discuss the Mexi can situation. He said: "There is no such thing as a Mex ican situation from the point of view of my department.’ The Secretary was here to inspect Fort Sheridan and the Chicago har bor Americans not on account of present conditions here but because of con templated action by the United States. The railway line to Laredo was opened to-day after having been closed for a number of months. Reb els burned a number of bridges along the line and dynamited tracks. The Government will endeavor to keep the line open for troop movements. Americans Gather at Port to Leave. Special Cable tc The Atlanta Georgian. VERA CRUZ, MEXICO, Aug. 30.— There are 150 Americans here either waiting to take passage for the Unit ed States or for developments which will make it possible to remain in this country wit hr safety. Some of the Americans sought in terview's with John Lind, Special En voy of President Wilson, but Mr. Lind could give no information. For the present, it seems, Mr. Lind and his conferee. Foreign Minister Gamboa, are marking time. Consul General Shanklin in Mexico i of the Rio Grande. City has been authorized to furnisn Consul Letcher, at Chihuahua, in passage money to any Americans who Relatives Come to Check Raiser's Aid Bryan Keeps on Road As Mexico Is Quiet. WASHINGTON, Aug. 30.—Between lecture • engagements Secretary of State Bryan paid a flying visit to Washington to-day and being infrom- ed that everything was quiet in Mexi co. left shortly after noon for Oxford. Pa., where he will speak latfi today. The Secretary also will lecture at Belair. Md„ to-night, returning to Washington to-morrow. State Department advices from Mexico today reported “all quiet.” Fortner Governor Lind at Vera Cruz has advised the department that he w ill not leave there to-day and that his movements in the future are de cidedly uncertain. Consular agents in k 11 portions of Mexico are reporting the departure in large numbers of Americans who have taken President Wilson’s advice to get out of Mexico in a hurry. No anti-foreign out break has been reported for the past j four days and there appears to be general lull in the situation south are temporarily out of funds. In spite of the protestations of the Mexican formed the State Department to-day that thirty-six Americans have elect ed to remain at Madera in spite of the President’s warning. NEW YORK. Aug. 30.—Actuated by a lifelong desire to give herself, her brain and body, her education and talents to the service of God, Miss Nora McCall, young and beautiful, will renounce the world and society on September 8 and enter the Sacred Heart Convent. In three months she will become a novice, then a nun for seven years, and she will then take the vows which will shut her off for ever from the outside world. Miss McCall is one of the mos* popular members of New York so ciety, and is a niece of Public Serv ice Commissioner McCall, Tammany candidate for Mayor. Until she en ters the convent at Kenwood, near Albany, she will be the center of gayety and many fetes will be given in her hono**. In an interview in w'hich she ex plained why she will become a nun, Miss McCall likens the sacrifice of friends and happiness she will be compelled to make to the sacrifice of a soldier who gives up his loved ones to fight for the honor of his country. •‘We must sacrifice ourselves for a principle,” Miss McCall said, “the soldier sacrifices his home, his loVed ones, everything that is dear, for a principle—for the honor of his coun try. The same reason stands him in good stead when death comes, and he smiles and passes on gladly, giv ing his life to service. “My sacrifice will be to give up the things I have always done, my friends, the gayety and charm of society; to give up dancing, singing and playing, which as a girl I love. “I have been loved all my life. 1 have been shown every luxury ana have been showered with attentions and blessings. Yet through it all 1 had a feeling that it was not right— I had an indescribable desire to give myself to God while I was young and fresh, keen and warm-blooded. God does i\ot want the useless husks— people who have known pleasure and life and turn to Him merely because they seek a new diversion. He wants youth and talent, fresh, young peo ple who will give their lives to him through love of service.’ FOR NERVOUS DYSPEPSIA Take Horsford's Acid Phosphate. Sufferers from acid stomach, nausea or sick headache will find thia tonic beverage e grateful relief. * Adv. SAVANNAH, Aug. 30.—Robert G. Norton, charged with raising a check for $16 to $1,600, and who was ar rested in Brooklyn Friday at the home of Miss Edna Robinson, to whom he was to have been married will be returned to Savannah, but will probably be released soon after, as the full amount of the money has been made good by his relatives. When arrested, Norton had the $1,000 New Vprk exchange which he had obtained from the People’s Bank He had deposited $500 of the money obtained before leaving the bank, which left a deficit of only $100. This sum was made good by relatives. MEMPHIS. Aug. 30.—Physicians at a local hospital have found a re markable patient in Edward Wood- son, who was shot by Mrs. Julia Tyler. The bullet passed through his head, entering the lobe of the left ear and coming out on the opposite side. Woodson will recover. $200,000 FIRE LOSS. COLUMBIA, TENN., Aug. 30.—Fire originating in the warehouse of the Dobbins & Ewing Hardware Compa ny destroyed five business houses on the public square, entailing a loss of $200,000, with about $100,000 insur ance. Are You Sick, Diseased, Nervous, Run Down? Have You Blood Poison, Kidney, Bladder and Urinary Troubles? IF SO. CONSULT (FREE) Dr. Hughe*. Atlanta's Long Established, Most Reliable Specialist. I cure to stay cured NERVE. BLOOD and Skin Dl«?asne, STRICTURE, Prostatic Troubles. VARICOCELE. HYDROCELE, Kidney, Bladder and Urinary Disease*. Piles and All Chronic and Private Diseases of Men and Women. I give 600, the celebrated German prepara tion. for Blood Poison, and Guarantee re sults. Everything absolutely* confidential. If ysu oan’t oall, writs. Free Consultation and Advice to all. HOURS—0 a. m. to 7 p. m. Sundays, 9 to 1. DR. HUGHES Opposite Third National Bank, 16'.', N. Broad St.. Atlanta. Ga. USE The best materials when yon paint your house. STERLING Is highest quality possible In PAINT It la a paint with a pur pose. “It I* cheaper to paint than not to paint.” Phones: Main 1115, Atlanta 329. DOZIER & GAY PAINT CO. II South Broad Street. 2 TRAINS DAILY Lv.7:l2AM.,5:lQm