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Phe Atlanta Georgian
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L. NIL NO. 120. ATLANTA, GA., SATURDAY, DECEMBER 20, 1913. 2 CENTS. r £L£°
MAYOR VETOES NEW SMOKE LAW
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Closes School Because of ‘Scandalous Tongues’
CHAMP CLARK GRILLS
CALAMITY HOWLERS
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FRANK LAWYERS REOPEN ATTACK ON DORSEY
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IF FI1CIS IS
Solicitor's Statement as to Time
Slip Taken From Factory Is
Vigorously Assailed.
*
v
Attorneys for Leo M. Frank an
nounced Friday that they were en
gaged in the preparation of a supple
mental brief, in which they proposed
to call to the attention of the Supreme
Court of Georgia portions of Solicitor
General Dorsey’s argument and brief,
which, they assert, are filled with
glaring misstatements and misrepre
sentations.
One of the statements of the Solici
tor which the defense is attacking
most vigorously in its supplemental
brief is in reference to the time slip
taken out of the clock by Frank the
morning after the murder of Mary
Phagan in the National Pencil Fac
tory.
The Solicitor claimed that this time
slip never reached the hands of the
authorities, and that another had be«n
substitued for it with three punches
missing in order to throw suspicion
on Newt I*ee, the night watchman.
Prank’s counsel insist in the brief
■ are preparing that this 4s willful
inexcusable perversion of the ev
idence. for which there is absolute’y
ro warrant in the record.
* Point to Trial Testimony.
They point to the testimony in the
trial to bear them out. They contend
that everything in the record brands
tlie Solicitor’s statements and insinu
ations on this subject as false and
grossly unfair. The evidence, accord
ing to their assertions, shows that
Frank removed the time slip in the
presence of the officers, commented
on it. marked it “April 26, 1913,” and
later turned it over to Chief of De
tectives Lanford.
This same slip was produced by the
prosecution at the trial, they say, with
the notation of the date rubbed out.
Frank was given the slip to explain
to the jury in his formal statement.
He looked it over and remarked that
he had made the notation, but that it
had been rubbed out. He did not
know by whom. The slip contained
three “skips,” indicating that tho
night watchman had missed punching
the clock that number of times.
Solicitor Dorsey, at the conclusion
of Frank’s statement, it is cited, arose
and explained that he had made the
erasures, believing them to have been
made by the detectives to identify the
slip.
Dorsey Also to File Brief.
There Is nothing in any of the tes
timony, therefore, Frank’s lawyers
contend, to warrant the Solicitor’s
claim that there was a substitution.
The evidence points exactly to the op
posite conclusion, if is held.
Other points in the Solicitor’s ar-
ciment are taken up and compared
’■cith the brief of evidence to show
th.it there has b^en misstatement or
misrepresentation. The supplemental
b -ef will be finished next week, and
be filed with the Clerk of the Su
preme Court. Solicitor Dorsey also
" H be served with a copy.
The Solic.tor asked the privilege of
*ng a supplemental brief, making
assertions against the defense similar
l o those made against him.
Teachers See “Farce”
In Board’s Agreement
On Holiday Extension
What is regarded by the teachers
of the Atlanta public schools as a
“farcical move” was the response of
the Board of Education to the demand
for additional holidays this Christ
mas. .Monday and Tuesday were
added as holidays, but two days will
be added to the school term in the
heat of June.
Friday is the last day of school un
til after the Christmas holidays, Jan
uary 5, and 25,000 will immediately
begin the celebration of Christmas.
President W. R. Daley said that the
two extra holidays practically meant
a confiscation of $4,400 of school
money.
After that remark, Mayor Wood
ward made a motion that the two
days l^e added to the school term
next June, and it was unanimously
adopted.
Women Awaiting
Wilson’s Ruling on
Social Precedence
WASHINGTON, Dec. 19.—Wives of
Cabinet members and members of
Congress are more anxious to have
President Wilson make a ruling on
the question of social precedence at
the Capitol than their husbands. The
women declare they are embarrassed
as to the proper order of calls, pend
ing a decision.
Mrs. Claude Swanson, wife of the
Senator from Virginia: Mrs. Duncan
U. Fletcher, wife of the Florida Sen
ator; Mrs. Garrison and Mrs. Red-
fleld, wives of the Secretaries of War
and Commerce, and Mrs. Burleson,
wife of the Postmaster General, be
lieve President Wilson’s diplomacy
will settle the matter.
Board Orders Mayson District
Term Reopened—Buggy Rides
Started Gossip.
i
Corporation Loses
Fight to Limit Suits
a number of cases decided by
Supreme Court Friday, involving
he Central Power Company, of Ma-
U and various litigants, the court
F that where a power company op-
‘ a tes through its lines, dams and at-
menls in various counties it is nor
r f ssary for parties moving for dam.
fts ' - to proceed to the county in which
* company is located at headquar-
" s for the purposes of cult. Suit
be brought in any county in
: > h the alleged damages arise.
1 be Central Power Company has
to the view that it could be sued
c - . at headquarters.
Jesse Wood Boomed
For Mayor Pro Tern
With the race for Mayor Pro Tem
between Aldermen I. N. Ragsdale and
J. R. Nutting practically a tie and
embarrassing to a number of mem
bers of Council who are friends of
both, It was discovered Friday that
the custom of electing a Mayor Pro
Tem from the Aldermanic Board was
only a precedent and not a law.
Accordingly a boom was started for
Councilman Jesse M. Wood, of the
Sixth Ward, for the place. Many be
lieve Councilman Wood will get the
place on a compromise.
Displays Boll in
Cafe; Loses $580
Police Friday were searching for a
pickpocket who got a wallet contain
ing $580 from R. R. Whitehead, a
fruit-tree dealer of Kingston, Ga., on
Thursday afternoon.
Whitehead had come to Atlanta to
purchase some mules. He displayed
his money In a downtown restaurant
when he paid for his lunch by peeling
a bill from the roll.
Santa Costume Takes
Fire; Woman Burned
KNOXVILLE, TENN, Dec. 19.—
Miss Sophia Preston while assisting
her sister, a school-teacher, in play
ing Santa Claus for the latter’s pu
pils was seriously burned about the
face this morning. Her costume
caught lire.
Daniels Can't Stop
‘Wine Launching’
WASHINGTON, Dec. 19.—Secre
tary Daniels has ruled that he has '>o
jurisdiction over the kind of fluid
that may be used to christen battle
ships. Pure water was suggested for
the Oklahoma or releasing a white
dove from the deck.
Urges Barbed Wire
On Mexican Border
WASHINGTON, Dec. 19.—A barbed
wire fence along the Mexican boun
dary’ to check incursions into Ameri
can territory was proposed in a bill
introduced to-day by Senator
Ashurst.
Residents of the Mayson School
District are enduring a closed school-
house and are up In arms against
Fulton County Superintendent of
Schools E. C, Merry on account of
the closing of their school because of
alleged gossip.
Several days ago parents were sur
prised to have their children return
from school with the statement that
the teacher was gone. They did not
wait long In ignorance. D. W. Will
ingham. a leader of the Chattahoochee
River community, came to them with
a letter of explanation from Superin
tendent Merry.
It recited that two teachers had
come to him and resigned because the
parents of their pupils talked abqut
them, and, what was more surprising
'to the members of the community,
added:
“On account of the long and slan-
I derous tongues of some members of
the community the school Is ordered
closed.''
Known as Letter Writer.
Superintendent Merry had already
gained fame as a letter writer by a
communication recently published in
The Messenger, an organ of Park
Street Methodist Church, in which ne
criticised the heads of the church for
“arbitrarily'' changing Dr. S. R. Belli
from that charge to presiding elder of
the Gainesville District That caused
him trouble, but It didn’t arouse half
the indignation the school letter did.
The residents of the Mayson Dis
trict swooped down on the County
Board of Education Thursday and
demanded an explanation. Superin
tendent Merry’s letter was read to the
board. It caused mingled laughter
and anger.
The Mayson District people ie-
clared that such a letter was a reflec-
tion on them.
How Gosaip Began.
When the board heard the case, It
developed that Miss Myrtle Fain and
Miss Fronia Brooks, the two teach
ers, had complained to Superinten
dent Merry that certain persons in
the community were slandering them.
One of the young women had to go
two miles from her boarding house
to the school. Because a kindly dis
posed neighbor of the opposite (FT:
took her to the school In a bugi,7
the young woman said the people
began to talk.
The other young woman said the
slander against her had a similar
foundation.
They both resigned.
The board decided that an indict
ment could not be brought against a
whole community, and that the school
should be reopened January 1. The
gossip w’as branded as all slander and
false.
All Settled, Says Merry.
“It was just a lot of women’s gos
sip,” said Superintendent Merry. “It
is all settled now, and I don’t see
any reason for saying anything about
it In the papers.
”We couldn't very well accuse the
whole community of circulating the
slanderous stories about the two
young women. We did the next best
thing and closed the school so as to
discipline the persons who had been
responsible for the lies. The young
W’omen who are teaching have got to
be protected.
"The school board met and found
that there was nothing to investi
gate so far as the young women were
vancemed. It was the gossiping wom
en who were to blame. Because one
of the young women had two miles to
go to school and a man of the com
munity took her In his buggy, the
tongues started wagging. . Before it
was through there were all sorts of
storieiy in circulation and there was
no bas;s for aony of them.’’
Frolic With Tech
Boys To-night and
Help Xmas Fund
lt’» readyl
A whirlwind of laughter and fun
is awaiting you at the Grand The
ater Friday night when the Tech
boys give their annual dramatic
performance. The curtain will be
raised promptly at 8:30 o’clock.
Everyone in Atlanta who is in
sympathy with the Empty Stock
ing Fund—and that’s everybody—
should go to this show. One-quar
ter of the proceeds will be donated
to the fund.
After the show there will be a
dance at Segadlo’s Hall. A small
admission will be charged to fill
the empty stockings.
Help the little ones to a merry
Christmas, and have a good time
yourself by taking in these events.
Becker’s Mother Dies
Ignorant of His Fate!
NEW YORK, Dec. 19.—Ignorant \
that her son Is in the death chamber !
a* Sing Sing awaiting the opinion -'f j
the Court of Appeals, which will de
cide whether he will end his life in
the electric chair, Mr?. Becker, moth
er of former Police Lieutenant Charles
Becker, died to-day.
News of her death xvr.~ sent to
Becker In Sing Sing. Mrs. Becker
nev^r knew of her son's trouble.
Wilson to Pick Gulf
Town for Vacation
WASHINGTON, Dec. 19 Pass
Christian and Gulfport, Mis?., are
the two winter resorts which Presi
dent Wilson now is considering for
his coming Southern trip.
Aiken, S. C., to-day presented an in
vitation to the Chief Executive to
spend his vacation there, but it is
generally expected that he will choose
some point on the Gulf of Mexico.
Denied Dances, Co-eds
Take Up Wrestling
LANSING, MICH., Dec. 19.—-Co
eds at Olivet College who have been
denied the privilege of dancing the
tango, the hesitation glide and other
new steps are learning to wrestle in
the solitude of the girls’ gym, under
the direction of Miss Marion A. Keese,
director of women’s athletics.
Miss Keese says wrestling provides
excellent exercises for women, and
should be taught in all girls’ classes.
Lindsey Approves
Children on Stage
CHICAGO. Dec. 19.—Children
should be permitted to work on the
stage under proper safeguards, Judge
Ben B. Lindsey, of .Denver, told the
Drama Club, adding: “I have seen
factory children who dislike the life,
but I never saw a stage child who did
not want to remain in the profession.”
Judge Warns Auto
Thieves as He Gives
One 6-Month Term
Announcing thr.t he was deter
mined to break up the stealing of
automobiles ifi Atlanta. Judge An
drew Calhoun Imposed a six months'
sentence In the county chalngang on
Frank Corry, 17 years old, Friday.
The young man pleaded guilty to
stealing a tire from the automobile of
Howard Pattillo, which he had used
for a ride December 15. Corry has
been In the courts a number of times
recently, but been released upon his
brother agreeing to pay for the use
of the automobiles he had ridden in.
Corry pleaded guilty w'hen brought
before Judge Calhoun Friday morning
and Pattillo expressed a desire not to
prosecute him.
YUAN WOULD BE DICTATOR.
Special Cable to The Atlanta Georgian.
PEKIN, Dec. 19.—President Yuan
Shih-K’ai to-day Issued a mandate
suggesting the definite termination
of the Chinese Parliament. Dissolu
tion of Parliament would place Yuan
Shih-K’al in the position of dictator.
TO-MORROW
Sundays American
IS BARRED FROM THE
Atlanta Penitentiary
Because it contains an expose of that insti
tution, written by Julian Hawthorne, but
Atlantans can secure this great story by or
dering from a dealer, or by phoning Main
100. There are dozens of interesting features
in it.
T ICO T O
copytp.to'XT ax' -
lXTEXXAT 1CM.L
xrv-j jrxvicx:
CHAMP CLARK.
The opeaker of the House created quite a stir when he left his plat
form and charged the Republican party with Inciting talk of panics and
hard times as a political measure against the new Democratic tariff act and
the proposed currency law.
Chief Construction
Engineer of L. & N. Is
New N.C.&St.L.Head
NASHVILLE, Dec. 19. John Howe
Peyton, chief engineer of construction
of the Louisville and Nashville Rail
road, was to-day elected president
and a director of the Nashville, Chat
tanooga and St. Louie Railway, ef
fective April 1, 1914, to succeed John
W. Thomas, Jr., who died Wednes
day.
The delay In Mr. Peyton taking of
fice Is due to the road’s charter pro
vision that a president or director
must be a bona fide stockholder for
at least 90 days. For the interim
Major E. C» Lewis, chairman of the
board, was elected president.
Mr. Peytpn was elected general
manager of the road, effective Janu
ary 1 He has been prominent of late
In the construction of the new Lewis-
burg and Northern Railroad, a Ivouls-
ville and Nashville line, and has been
assistant to President Milton H.
Smith, of the Ivoulsvllel and Nash
ville. He was also In charge of much
of the construction work on the Loulfl-
ville and Nashville line between Car-
tersville and Etowah, for the Atlanta'
Cincinnati trunk line.
Bill Calls for New
Georgia Judgeship
WASHINGTON, Dec. 19.—A bill Jo
create an additional district Judge for
Georgia was introduced In the House
to-day by Congressman Edwards, of
the First Georgia District, who wants
to relieve the congestion of business
In the Northern and Southern Dis
tricts.
The bill provides that the new
judge shall reside at Savannah and
shall hold the district courts of the
Eastern Division of the Southern Dis
trict of Georgia, and may be assigned
to preside In any other division of
either district In the State.
Atlanta Main Point
In Chicagoans’ Tour
Of Southern States
W. H. Johnson, commercial agent
In Atlanta for the Nashville, Chatta
nooga and St. Louis Railroad, Friday
received notification from the head
offices of the road that the trade ex-
tei slon committee of the Chicago
Chamber of Commerce is completing
arrangements for a trip through the
Stales of the Southeast In January
and that Atlanta will be Included in
the Itinerary.
A special train will carry the Chi
cagoans on the tour, which 1b expect
ed to have far-reaching commercial
results. Several hundred Industrial
concerns will be represented.
Mr Johnson called the attention of
W. H. Leahy, secretary of the Indus
trial and statistical bureau, to the
approaching invasion of Chicago
merchants and manufacturers, and
Mr Leahy Immediately communicated
with Mell K. Wilkinson, incoming
president of the Chamber of Com
merce, suggesting that a formal invi
tation be extended to the Chicagoans.
Shot in Face on Hunt,
Farmer, 32, Is Dead
Hugh V. Hulsey, a farmer, who was
accidentally shot while hunting near
East Lake Thursday afternoon, died
Friday morning at a private sanita
rium. He was 32 years old.
The hunter was in the act of leap
ing over a rail fence when his shot
gun slipped and exploded, tearing
away the right side of his face.
Spurious $10 Bills
Flood Ohio Valley
LOUISVILLE. KY., Dec. 19.—Ohio
Valley cities and towns are flooded
with counterfeit $10 bills, Buffalo de
sign, 1901 series, check-mark C and
plate No. 634, Many have beei^wmnd
in Louisville and Cincinnati,
Urges Public Hearing of Protests
Before Council Again Acts
on Measure.
The City Smoke Board's plan
to strengthen the smoke ordi
nance in the movement to abate
the smoke nuisance in Atlanta
was referred back to Council for
more deliberate consideration by
the veto of Mayor Woodward
Friday. Ilis action was taken at
the behest of a large number of
citizens who ealled to register
their protest.
The present law Is that no furnara
shall be permitted to emit black
smoke for more than twelve minutes
to the hour. The law proposed by the
Smoke Board and passed by Council
reduces that limit to six minutes to
the hour and Includes all residences
with as much as a thousand feet ra
diation within the jurisdiction of the
law.
After Mayor Woodward had heard
Smoke Inspector Poole and Chairman
R. M. Harwell, of the Smoke Board,
outline the reasons why it was r.e."
essary to strengthen the law and the
owners of the smoke producers ha 1
Insisted that It would work a hard
ship on them, he said:
Wants Public Hearing.
“I think the movement to reduce
the smoke evil In Atlanta Is a good
thing, but I don't want to work anv
hardship on the Industrial interests.
“I want you to understand that ypj
must not take ray veto of this meas
ure as a disapproval. The law Is not
intended to go into effect until April,
and I understand that you were not
elven an opportunity of a public hear
ing. Therefore, I will send It back to
Council for a public hearing before
its repassage.’’
Of the 30 or 40 men present In
spector Poole said he thought all of
them had complied with the twelve-
minute law. There were manufac
turers, office building owners, hotel
men, but most conspicuous were the
laundrymen. Someone jokingly re
marked that the meeting looked like
a laundrymen's conspiracy to keep
smoke circulating.
Among those present were Attorney
Ed Meyer, W. F. Winecoff, E. G. Grif
fin, of the Bell Laundry; E. H, Wil
son, of the Troy Laupdry; W. J.
Stoddard, George H. Fauss, of the
Capital-City Laundry; Councilman C.
D, Knight, of the Piedmont Laundry:
A, H. Harris, of the Atlanta Paper
Company; Julian Boehn, Charles
Wynn and J. F. Letton.
They declared that they had been
put to great expense to comply with
the twelve-minute law and now a
year later It was demanded that they
must live up to a law just twice as
strict.
No Added Expense.
“I want to say that no one who had
made proper provisions to comply
with the twelve-minute law will be
put to any expense to meet the six-
mlnute law," said Inspector Poole
“The reason for this law Is that in
many cases I find that through care
less firing plants are making smoke
nine and ten minutes to the hour
There Is no reason why this should
not be reduced to six minutes to tha
hour.”
Inspector Poole said that he exer
cised discretion In making cases.
May’or Woodwp.rd questioned his right
to exercise any such discretion.
“When the law is being violated, it
is up to you to make a case,” said
the Mayor.
“Another thing I want to say, gen
tlemen, is that so long as the city
schoolhouses and other municipal
buildings are violating the law I am
reluctant to demand that you obey It."
All present agreed that the smoke
nuisance still was very bad in At
lanta, and they expressed a desire to
co-operate In reducing it.
"I want you to understand this per
fectly,” said Chairman Harwell. You
can’t co-operate unless you are Join
ing to spend a little money."