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’’TIE ATLANTA GEORGIAN AND NEWS.
I SETST
F TRUTH II FRANK CASE
By JAMES B. NEVIN.
ir , ,, | observers, people with
rejudieed and free of bias,
- , sighed a welpht of sincere
: ,m their souls when, at last,
„ ments closed in the Supreme
r, . ; ,rfng of the Frank case, and
that 'minus cause had been given
, the keeping of Georgia's
hides' court of review.
in generally will lncHne to
th , ; ,hat little if anything of fur-
light aas thrown upon the cas
i tVio nnntrnvurav V
by
far as t
con wer
Court
done, th
flndlnifH
the case
there tv a
, , side to the controversy, so
oratorical efforts pro and
, concerned in the Supreme
\nd, after all is said and
hr v «>urt will proceed to its
upon the written records in
an 1 not otherwise—and so,
- nothing much sained by
fhft superabundance of eloquence re-
L-ed before the high court, there
llkelv wasn’t much lost. And there
It H the opinion of one observer, at
| ea c- -hat neither side to the Frank
ctly festooned itself With
g]or> in the matter of the Supreme
Court arguments
Its Rulings the Law.
Those people, of high or humble
fpta'e, who love their country, who
their patriotism pure and unde-
flled who nlease to linger lovingly
over'such phrases as “the majesty of
t w. -i ■ and all that sort of thing,
see r the Supreme Court of this
n wealth the majesty of the
law in its ultimate, dignity!
Whatever that court says, that then
| S iw of the land!
Its decrees and judgments are be
yond dispute- it speaks from out the
most appalling chaos the ineffable
And as. ated, word of truth and right
r. ece - rv to restore reason and bring
unerringly to its own again absolute
and impartial justice.
Far from the madding crowd’s ig
noble strife" sits the Supreme Court,
serene and unafraid!
The Trank case, in the hands of the
most august tribunal within the
State, is utterly impersonal. What
ever may have been the passion and
the pride of opinion characterizing
the attorneys and their methods, their
utterance and their movements, in the
hearing Before the trial court below,
they appeared small and inconse
quential things, indeed, to lug into
the presence of the Supreme Court!
Squabbles Out of Place There.
Somehow sadly out of place seemed
the .squabbles and the vehement
chargee lodged this way and that in
the trial ourt, when one sat there in
the presence of the Anal court of re
view and thought upon the tremen
dous significance of the matters then
under consideration, and what they
mem eventually to every citizen of
the Commonwealth—for upon the
findings of the Supreme Court in the
Frank case depends, perhaps, far
more than some easy-going and
loose-thinking citizens may imagine.
It was not surprising, therefore,
that a - <sne point in the hearings Mr.
Justice Evans expressed a measure
of the court’s coldness toward out-
1 irsts of feeling in the Supreme
Court, and rather sharply reminded
ih‘ attorneys engaged that the court
they then were dealing with and ad
dressing directly cared for none of
that! *
The sheet anchor of the Ship 1 *>f
State is the law—the Impersonal ami
unimpassioned law. That, and noth
ing more nor less! And it is the
mighty province of the Supreme Court
i * say what IS—and equally what is
NOT the law!
If Leo Frank was tried according
''‘law he Supreme Court of Georgia
much—and that will end
tho matter. If he was not tried ac-
W, the Supreme Court
" H say as much—and Frank will be
tried again.
Honor of State Involved.
\ man’s life, a man’s liberty, and a
tnan - iearnst honor are involved in
the decision of the Supreme Court—
J es - Rut over and beyond that, as
u above it as the stars are far
above the sea, the dearest honor of
State of Georgia
' boasts a proud ancestry
s. inong the original thirteen States—
13 involved.
It is that sacred honor of Georgia,
the guarding of which has been
placed in the hands of the Supreme
Court!
The sovereign -Georgia—can do no
wrong. Nobler and braver than that,
Georgia WILL do no wrong! She
will do in the Frank case as her ac
credited ministers direct—as the Su
preme Court shall say.
And in directing a course of con
duct for Georgia, that course must be
right, though the heavens fall. It
must be remembered that the Su
preme Court of Georgia is not serv
ing Leo Frank in this matter, save in
so far as he is the hub about which
mighty principles of law temporarily
revolve—it is the people of Georgia
the court is serving!
Franks may come and Franks may
go, but the supremacy of the law
abides forever!
At last, “the tumult and the shout*
ing dies; the captains and the kings
depart.” Into the austere keeping of
the highest court In the State the last
word of argument in the Frank case
has been confided.
Weighted With Dignity.
Much of that which has gone bi-
fore now seems utterly confusing and
vague.
Where are the storms and ragings
of yesterday? The winds have blown
them all away.
Sitting in the presence chamber of
the Supreme Court, over in the grim
and g^rimy old Capitol, callous indeed
must have been the spectator who
failed to feel heavily the full signifi
cance of the proceedings.
When the honorable Court filed in
in the morning there was no need to
admonish those present that It was
their part to stand the while the Court
seated itself. Somehow, one instinct
ive!'' rose to his seat and remained
silent as the Court settled itself to
work. The law does not design to be
spectacular—it is full of purpose to be
dignified in the extreme, however.
Less and less attorneys incline
nowadays to proceed to Supremo
Court hearings by way of verbal
pleadings. More and more they In
cline to appear by brief and written
arguments alone.
Those few who heard the oral
pleadings in the Frank case probably
all agree now that the written method
is the better— certainly it appears
more in keeping with the spirit and
intent of the high Court’s functions.
For one thing, human beings are
more careful in what they write than
in what they say. The written word
stands a permanent witness that in
the afterwhile may arise t > confound
or affright tin* writer if he fails to
consider carefully the things ne
writes. The spoken word, reckless
of consequence and mindful of later
confusion and possible indefiintencss
of meaning, lend itself Inevitably to
error and miscarriage of justice.
Looks to Records for Truth.
And so, in considering this famous
miscarriage of justice in the final
word the Supreme Court speaks.
One recalls again and again tj** ad
monition of Mr. Justice Evans—the
warning word that. . fter all, the Su
preme Court will look to the WRIT
TEN RECORD for the truth of the
Frank case's history and may forget
entirely tl)e passionate vehemence of
attorneys in partisan argument.
Ands o, in considering this famous
Frank case in its final analysis, those
who wish to see it ended—and their
name is legion—will do well to re
member that the Supreme Court is
not going to put Dorsey’s construc
tion upon the evidence, nor yet Ros
ser’s, nor Feldef’s, nor Arnold’s. The
Court w r ill make up its own mind in
its own way.
Dorsey may shout and Rosser may
imagine vain things—the or.e may say
thus and so proves this and that, and
the other may beat himself to willing
fragments contending ’that thus and
so mean nothing of the kind. The
Supreme Court still will decide for
itself.
From out the warp and woof of this
curiously and amazingly complex
weave of the Frank case, the Su
preme Court will unravel the red
thread of truth that surely MUST
be somewhere tangled therein.
You, reader, believe thus and so to
be the truth of the Frank case, and
in that conclusion yea do violence to
EMPTY STOCKING FUND TO GET M0||[lf Rill TO
BIG BOOST FROM TECH PLAYERS
One-fourth of Receipts From ‘The Magistrate’ Is
Promised—Play Friday Night.
Another delegation of friends of
Atlanta’s poor boys and girls turn
ed up Wednesday. They are the
members of the Georgia Tech So
ciety, who made announcement that
25 per cent of the gross receipts at
their annual play Friday night would
be devoted to The Georgian-Ameri
can Empty Stocking Fund for the
youngsters of the city who otherwise
would not have a visit from Santa
Claus this year.
As the Tech play is one of the
events of the winter season and in
variably attracts a big house, the
fund will be swelled materially by
the generosity of the students. On
Sunday another substantial addition
to the* Empty Stocking Fund will
come from The Georgian’s great free
concert in the Forsyth Theater.
The play at the Grand Friday night
by the Tech student-actors promises
to be even more of a grand and
delightful affair than it was last year.
your well-meaning neighbor who dif
fers radically with you.
It all depends upon which lawyer
you heretofore have pinned your firm
est faith to.
Flower of Georgia Bar.
But consider—how much of the evi
dence did you hear, and in what or
der of its bearing upon the case in
hand? How much do you. of your
own knowledge, KNOW of the Frank
case? And are your conclusions ra
tionally sequenced, and do they fit
into one another as they should, the
very great gravity of the matter being
weP kept in mind?
In seeking poise and patience to
await the decision of the Supreme
Court, it perhaps is well enough to
hold fast to the thought that the Su
preme Court of Georgia is composed
of the very flower of the Georgia bar,
that it commands the respect of all
classes of citizens more surely and
more securely than any other civic
tribunal does or may—and that it can
have no higher ambition than to ex
pound the law of the land as it- really
and truly is!
Leo Frank is making virtually his
last stand. He is making it bravely,
too—tha: must be ungrudgingly ad
mitted! He is fighting with his back
to the wall, sore pressed and with all
promising avenues of retrea f shut off
The record may soon be closed, the
clasp snapped tight and locked eter
nally. Bear these grim and thought-
arresting things in mind—and be fair!
‘So far the day has gone altogether
in the State’s favor, but that is no
sure sign the State has won the battle
finally. Gallantly enough the State’s
generals have pressed their advan
tages—and with stubborn courage,
that well might, in weaker hearts have
engendered despair, have the defend
ant's generals fought back!
The sun is sinking in the West—the
morrow must dawn bright and rain-
bowed with renewed promise to
Frank, or the sinking sun must go
down for him in darkness the last
rime an 1 not to rise again.
The matter'of Leo Frank vs. the
grate of Georgia, murder, is out of
the hands of the lawyers—it Is in the
' osom of the Supreme Court, and this
'orrmon weal to will believe that a I is
well!
when the house was packed from pit
to gallery.
College Girls to Attend.
The annual dramatic effort by the
collegians is to be graced this year
by the presence of several hundred
young women from Atlanta's famed
educational institutions. Not that
they have not attended before, but
Friday night they will be here in
larger numbers than ever before; they
will be in their prettiest of gowns;
they will come in solid delegations
from the various schools they repre
sent, and they ’will be decked out
with the colors of their schools.
Washington Seminary, Agnes Scott
College, the Girls’ High SchooJ. Miss
Woodberry’s and Miss Hannah’s
schools all will be at the Grand with
large representations.
The Tech actors, as soon as The
Georgian made public its plans for
raising an Empty Stocking Fund
for" the poor children of the city,
immediately fell in with the idea and
decided to make a contribution on
their own account. It was agreed
that one-fourth of the gross receipts
would be turned over to The Geor
gian to be used in filling the empty
stockings in the poor homes of the
city.
Some <5f Players.
A1 Roberts, who starred last \vrar
in “Brown of Harvard,” will have a
leading part in this, year’s produc
tion, which is Pinero’s famous com
edy. “The Magistrate.” It will be the
professional Tanks of Thespians for
Roberts after his school days are
over, according to the report of his
friends.
He is regarded as one of the best
actors that the Tech Dramatic So
ciety has ever had. Besides possess
ing an impressive personality on the
stage, he has unusual ability for an
amateur and has decided to use his
talents professionally. Roberts is
prominently connected with the Play
ers’ Club of Nashville, his home.
Free Concert Sunday.
And remember:
The Georgian-American's free con
cert at the Forsyth Theater/ next
Sunday afternoon at 3 o’clock.
Every seat in the house will be
free. The con^>*rt last year was at
tended b> a - man) a - the houie
would hold.
Some of the best musical talent in
the city will have places on the pro
gram. Musicians from other cities
also will perform. • Altogether it will
be one of the most enjoyable affairs
that Atlantans have been privileged
to attend in months.
Here are the latest contributions to
the Empt) Stocking Fund:
A Goodfellow $ 1.00
Cash + . 1.00
J. M. High Co. 10.00
Another Goodfenow 1 00
L. C. Cash .... 1.00
In memory of a Little Niece . . . 1.00
Shellman Poston 1.00
Joseph E. Boston, Jr. 1.00
Dr. T. P. Hin'man 5.00
McMillan Produce Co., box of
oranges
Industrial Arts Club, Inman
Park, provisions
Edmund Hurt 1.90
Sarsh Hurt 1.00
Joel Hurt. Third 1.00
Lucy Vincent Goss 1.00
S. P, Monorief Co 1.00
c&o
A] Roberts
(left) and
Walter Troy,
two of Tech's
star dramatic
cast, who will
help Empty
Stocking Fund
Friday.
£>#
HE PASSED It
Debate Now Only ‘Vain Repeti
tion.' Asserts Senator Kern,
Asking Time for Vote.
WASHINGTON, Dec. 17. Senator
Kern, Democratic leader, asked con
sent in the Senate to-day for a vote
on the currency bill not later than
6 o'clock Friday evening. Senator
Bristow objected. It in believed, how
ever that the bill will be passed in
any event by Saturday night.
Senator Kerr reviewed the cur
rency debate and said it had now
reached a stage “of vain repetition.”
He asserted that fmen now out of
work will be recalled to work as soon
as the bill is passed.
Senator Gallinger said the tariff
bill was a partial failure and he
doubted if the currency bill would
give the expected relief.
“Were my questions absurd be
cause they revealed faults in the
bill?” asked Senator Burton in re
ply to Kern's criticism
"Must the Senator from Indiana
swallow a measure whole no matter
how crude or unjust it may be, mere
ly because u*'aucus so dec Jes? Must
we become nere an aggregation of
ciphers to accept without question
every measure that comes from the
Executive Department or the cau-
cus? If so, the Senate sinks from its
high estate to deserved contempt. If
the Smator from Indiana had given
attention to the questions he would
not have made the criticism "
Senator Bristow* inquired why Sen*
ator Kern had wasted an hour s time
“when he knew* before he asked that
unanimous agreement would not be
granted.”
65,000-Horsepower
Moves Chattanooga
CHATTANOOGA, Dec. 13— Current
from the $10,000,000 lock and dam at
Hale’s Bar, Tenn., operated all cars
upon the lines of a local traction com
pany and furnished lights for Signal
Mountain for the first time last night.
Although more than 66.000 horsepower
has been aval able, for several weeks,
operating current was not turned Into
the transmission lines until last night.
Savannahans Go to
Ask Visit of Wilson
SAVANNAH, Dec. ( 17.—A strong
delegation of Savannahans Is .n
Washington to-day to urge upon
President Wilson that he accept an
invitation to attend the meeting of
the Drainage Congress here next
March.
At the same time an effort will be
made to have the Government locate
the Sixth Lighthouse District at Sa
vannah. tt is now at Charleston, white
Brunswick and Jacksonville are also
trying to win it.
Albanian King to
Take Throne Jan. 15
Special Cable to The Atlanta Georgian.
F RANK F O R T-ON-MAIN, GER
MANY. Dec 17 A Constantinople dis
patch to The Frankfurter Zeitung to
day says that Prince William of Wied,
who has consented to become the flrHt
ruler of the new kingdom of Albania,
will ascend the throne January 16.
Break World Record
As Masonic Officials
ROME, Dec. 17.—A world’s record
in Masonic succession was broken last
night when Cherokee Lodge, No. 06,
F. & A. M., elected for the thirteenth
consecutive capitular year Judge Majc
Meyerhardt worshipful master and
for the forty-first year R. H. West as
secretary
Both are prominent Georgians, the
former having served as grand mat
ter of the Georgia Grand Lodge. Fol
lowing the election of officers 400
members participated in a home-com
ing banquet.
Panama Canal Guns
Will Carry 11 Miles
WASHINGTON, Dec. 17.-The ord
nance bureau has finished a number of
12-inch mortars of new design for the
Panama Canal fortification which have
shown a maximum range of more than
eleven miles.
Christmas ugars
Oppenheim’s Cigars
‘ For Fussy Smokers”
Every man who loves a good smoke
knows Oppenheim’s Cigars. And he will
appreciate a box of them to smoke during
the holidays.
if you have a friend, a husband, or a
sweetheart, give him a box of these famous
brands of Imported Cigars.
Webster Cigars
Edens,
Belinda,
Partagas,
Punch.
Lozanos.
Don't Worry, and Live
Long, Advises Man,93
SOUTH ORANGE. N. J.N0ec. 17.—
Don’t worry; then you’ll sleep well, j
If you sleep well you’ll be happy and
live long. These are the rules for
longevity given by Joseph Bradbury,
93. ,
Hoyo de Monterey,
Romeo and Juliette,
La Escepcion,
Van Dycks,
Telephone Orders
Promptly Delivered
OPPENHEIM CIGAR COMPANY
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