Atlanta Georgian. (Atlanta, Ga.) 1912-1939, December 17, 1913, Image 3

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' : _ 1 f th era ME COURT SETS T EO THREAD N FRANK CASE Sv JAMES B. NEVIN. !ib?ervers, people with : indleed and free of bias, Sighed a weight pf sincere r lt . l 1P jr souls when, at last, ’ irf ,, m ents closed In the Supreme 0 , jrt he,.ring of the Frank case, and that famous ,-ause had been given flnV , the keeping or Georgia's M hPSt eourt of review. T ; » public generally will Incline to thlnk that little If anything of fur- ■ was thrown upon the case .|,l 10 r side to the controversy, so . „ oratorical efTorts pro and concerned In the Supreme . And, nfter all Is said and je„ e the court will proceed to Its Snd'ntt- upon the written records In • he, case ani not otherwise—and so, thf ,re was nothing much gained by the superabundance of eloquence re- r L, p . : ire the high court, there r jj kplv wasn’t much lost. And there you are! It Is the opinion of one observer, at leas t tbnt neither side to the Frank hearing exnctlv festooned Itself with ^lorv in the matter of the Supreme Court arguments Its Rulings the Law. Those people-, of high or humble artate who love their country, who their patriotism pure and unde- please to linger lovingly overVn'h phrases as "the majesty of the law an<i all that sort of thing. kP? in the Supreme Court of this 1 Commonwealth the majesty of the law in its ultimate dignity! W ourt says, that then if the land! Its decrees a|*T Judgments are be yond dispute—it speaks from out the most appalling chaos the Ineffable and isolated word of truth and right nereM* rv to restore reason and bring unerringly to Its own again absolute and impartial justice. Par from the madding crowd’® ig noble strife" sits the Supreme Court, serene and unafraid! ink case, in the hands of the v august tribunal within the ' utterly impersonal. What- or may have been the passion and • ride if opinion characterizing • irnr - nnd their methods, their - p and their movements, in the g before the trial court below. small and ineonse- •o’ltinl things, indeed, to lug into [ 'he presence of the Supreme Court! Squabbles Out of Place There. > how sadly out of place seemed lobbies and the vehement cvr-s lodged this way and that in •r : i’ ourt. when one sat there fp e of the final court of re view and thought upon the tremen dous significance of the matters then under consideration, and what they mean eventually to every citizen of the Commonwealth—for upon the findings of the Supreme Court In the depends. perhaps, far more than some easy-going and loose-thinking citizens may imagine. It was not surprising, therefore, I that at one point in the hearings Mr. Justice Evans expressed a measure of the court's coldness toward out bursts of feeling in the Supreme Court and rather sharply reminded the attorneys engaged that the court t'ir\ then were dealing with and ad dressing directly cared for none of that! The sheet anchor of the Ship* f>f State is the law—the Impersonal and unimpassioned law. That, and noth ing more nor less! And it is the mighty province of the Supreme Court what IS—and equally frhat Is Not -the law! If T„eo Frank was tried according Ian-, the Supreme Court of Georgia "ill say as much—and that will end dm matter, if he was not tried ac- •mrding to law, the Supreme Colurt " H sa\ as much—and Frank will be tried again. Honor of State Involved. V man's life, a man's liberty, and a ™ ans dearest honor are involved in V decision of the Supreme Court— * iver and beyond that, as ve It as the stars are far above the sea, the dearest honor of sovereign State of Georgia— mnrgia that boasts a proud ancestry mnng the original thirteen States— is involved. It la that snored 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 lie 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 be 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 grimy 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 Ccurt seated itself. Somehow, one instinct- ivelv 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 1n the afterwhile may arise to confound or affright the writer if he fails to consider carefullv - the things ne writes. The spoken word, reckless of consequence and mindful of later confusion and possible indefiinteness 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 tii«*ad- monitibn 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 the 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' 4 * construc tion upon the evidence, nor yet Ros ser's, nor Felder's, nor Arnold’s. The Court will make up its own mind In Its own way. Dorsey may shout and Rosser may imagine vain things—the one 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 FYank case, and in that conclusion you do violence to THE AT HAMA UEUKOIAA A AD JNEWS. EMPTY STOCKING FUND TO GET BIG BOOST FROM TECH PLAYERS Confidential Relations An unvarying rule of this bank is to regard all transac tions as strictly confidential. Whether it is a matter of opening an account, making a loan, seeking advice or the mere routine of depositing or withdrawing money, the transaction carries with it the assurance that it is re garded as of a private na ture which concerns only the bank and its customer. Why not make this YOUR hank? BILL TO IE PISSED 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 S’Mi.it ■ ■ >-day for • vote on the currency bill not later than B o’clock Friday evening. Senator Bristow objected. It is believed, how ever that the bill will be passed in any event by Saturday night. Senator Kcrp reviewed the cur rency debate and said it had now reached a stage ‘‘of vain repetition.” He asserted that men now out of work will be rec alled 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 a caucus so dec des? Must we become here 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 Senator 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 naked that unanimous agreement would not be granted." 65,000-Horsepower Moves Chattanooga CHATTANOOGA. Dec. 13!—Current from the $10,000,000 lock and dam ai Hale’s Bar. Tenn , operated all ears upon the lines of a local traction com- •any and furnished lights for Signai fountain for the first time last night Although more than 65,000 horsepower has been available, for several weeks, operating current was not turned Into the transmission lines until last night Savannahans Go to Ask Visit of Wilson t SAVANNAH, Deo. IT.—A etron* delegation of Savannahans Is In Washington to-day to urpe upon President Wilson that he accept an Invitation to attend the meeting of the Dralnas® Congress here next March. At the same time an effort will he made to have the Government locate the Sixth Lighthouse District at Sa vannah. It Is now at (tharleston, while Brunswick and Jacksonville are also trying to win lt. Albanian King to Take Throne Jan. 15 Special Cable to The Atlanta Georgian. FRANKFOR T-ON-MAIN, GER MANY. Dec 17.— A Constantinople dis patch to The Frankfurter Zeltung to day says that Prince YVllMam of Wied, who hus consented to become the first ruler of the new kingdom of Albania, will ascend the throne January 18* Break World Record As Masonic Officials ROME, Dec. 17.—A. wort<V« record In Masonic aucceswlon was broken last night when Cherokee Lodge, No. 66, F. A A, M., elected for the thirteenth consecutive capitular year Judge Max Moycrtmrdt worshipful- master and for the forty-flrat 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 WiU Carry 11 Miles WASHINGTON, Dec. 17 The ord nance bureau has finished a number of 12-lnch mortars of new design for the Panama Canal fortification which bare shown a maximum range of more than eleven mile*. Christmas Cigars 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. Tf 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., Dec. 17.— | Don’t worry; then you'll sleep well. 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 0PPENHEIM CIGAR COMPANY Seven East Alabama ATLANTA One-fourtli 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-Amerl- 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 groat 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, k your well-meaning neighbor who dif fer® radically with you. It all depends upon which lawyer you heretofore have pinned your firm est faith to. Flower of Georgia Bar. Rut 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 well 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 Ccurt 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 lt 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, t00 _that must be ungrudgingly ad mitted! He is fighting with his back to the wall, sore pressed argl with all promising avenues of retreat 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 eeneral® 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 Lime and not to rise again. The matter of Leo Frank vs. the State of Georgia, murder, is out of the hands of the lawyers—it is in the bosom of the Supreme Court, and this Commonwealth w ill believe that a:l Is well! r when the house was packed from pit to gallery. College Girl® to Attend. The annual dramatic effort by the collegians is to be graced this year by the presence of several hundred young worhen 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 School, 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 he turned over to The Geor gian to be used in filling the empty stockings in the poor homes of the city. Some of Players. Al Roberts, who starred last year 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 ranks 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 personaliity 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 he free. The concert last year was at tended by as many us the house 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 havp been privileged to attend in months. Here are the latest contributions to the Empty 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 Boston 1.00 Joseph E. Boston, Jr 1.00 Dr. T. P. Hinman 5.00 McMillan Produce Co., box of oranges. Industrial Arts Club, Inman Park, provisions Edmund Hurt 1.00 Sarah Hurt 1.00 Joel Hurt.TIvrd 1.00 Lucy Vincent Goss 1.00 S. P, Moncrief Co 1.00 BYRD r PRINTING COMPANY ATLANTA YOUR 1914 SHOULD BE PLANNED NOW We want to become an intimate in your plana for “things printed or engraved,” and to take upon our shoulder* the responsibility that so constantly puzzles one when printing or engraving of any kind is needed. The vast resources of our great Plant are at your command. 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