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THE WEATHER
Forecast—Fair Tuesday night; showers
Wednesday.
Temperatures—6 a. m., 62; 8 a. m., 65; 10
a. m., 72; 12 noon, 79; 1 p. m„ 80; 2 p. m., 80.
Sun rises 5:01; sun sets 6:15.
The Atlanta Georgian
. The Paper That Goe3 Home and Stays There
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\ VOL. XIII
NO. 221. ATLANTA. (IA.,
TUESDAY, APRIL 20, 1915. • .X'&Sc* 2 CENTS |
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ROOSEVELT ON THE STAND
Atlanta Girl at 7 Wins
Fame With Bird Essay
The new city ordinance which
seeks the regulation of jitney busses
was attacked from several angles
Tuesday by jitney operators in their
fight to enjoin the city from enforcing
its provisions, in a hearing which
"as under way before Judge W. D.
Ellis, in Superior Court.
Colonel Thomas B. Felder. leading
counsel for the jitneys, termed the
ordinance prohibitive, discriminatory
and confiscatory.
The main objection to the ordi
nance. stressed at Tuesday’s session,
was what was referred to*as the “op
pressive and unjustifiable section that
requires jitney operators to make
bond in the sum of $5,000 each to In
sure damages to pedestrians in # the
event of injury by a jitney.”
Affidavits Are Read.
In an effort ‘to substantiate the
c’aim that the ordinance is prohibi
tive. Colonel Felder read a number cf
affidavits from jitney operators, in
which they swore that they had been
assured b> all of the leading bonding
companies that they would* sign the
required $5,000 bond as surety only on
condition that the operators deposit
cash collateral of $5,000 and pay a
heavy premium. Two companies had
specified their premiums, according to
the affidavits, one naming 1 per cent—
$500—and the other $260 per year.
In the affidavit,s about 40 in all,
interesting testimony was brought
out regarding the profits of the Jitney
busses.
These profits ranged from 5 cents to
little more than St per day, according
to the owners. The average profits
were figured after all of the expenses
incident to the operation of the
busses had been counted in.
Declare Tax Is Unfair.
In making the point that the tax
levied by the City Council on jitneys
!s unfair and discriminatory, for the
reason that such restrictions and re
quirements as are specified for jit
neys are not required of taxicabs and
other automobiles, whether operand
for business or pleasure. Colonel Feld
er cited the famous Chinese laundry
case from San Francisco, which was
decided by the United States Su
preme Court.
In this case steam laundries of San
Francisco had fought the levy of a
special tax by the City Council on
t'ne ground that this tax was not re- j
quired of Chinese hand laundries, and.
therefore, was. discriminatory. The
high Federal Court ruled in favor of
steam laundries. Colonel Felder cited, i
City Attorney James L. Mayson, for
the cify, denied all charges made by
the jitney operators and announced
thA-* he would contend the ordinance
fair and just, and was passed
simply for the protection of the pub
lic.
To Argue Act’s Legality.
The argument of counsel as to the
legality of the ordinance and on the
various points of law involved will
begin Wednesday.
Other attorneys interested in the
case with Colonel Felder are Colonel
Walter R. Brown, J. V. Poole, Thom
as H. Goodwin and C. V. Hohenstein.
J. Coy Pearce, secretary of the At
lanta Jitney Bus Club, which started
the court fight against the ordinance,
took an active part in aiding the coun
sel.
The jitney representatives opened
proceedings by filing amendments to
the temporary injunction which had
held up the prosecution of the jitney
operators since the passage of the
ordinance. These amendments sim
ply enlarged upon the charges in the
Miller Likely
to Succeed
Andrews
WASHINGTON. April 20.—It is re
ported here that H. W. Miller, of At
lanta, assistant to the president, will
succeed the late Colonel* A. B. An
drews as first vice president of the
Southern Railway, and in confidential
circles he is regarded as. a strong
probability. It is solely in the hands
of President Fairfax Harrison to name
the first vice president. He is now
en route home from the funeral of
Colonel Andrews at Raleigh.
Upon his return President Harrison
may designate someone to discharge
the duties of first vice president tem
porarily, though this is not impera
tive, as the regular meeting of the
board of directors will be held May
14, and then Colonel Andrews’ suc
cessor will be formally elected. The
board of directors will act favorably
upon whatever recommendation
President Harrison makes.
The first vice president’s duties are
to look after the legislative and taxa
tion business of the Southern, and the
new vice president is expected to be a
man of wide acquaintance with pub
lic men and State and national af
fairs. Mr. Miller’s duties in his pres
ent capacity largely have to do witn
such affairs. Also, he is well ac
quainted with the details of the first
vice presidents office, having been
chief clerk to Colonel Andrews pre
vious to his appointment as assistant
to the president, succeeding J. S. B
Thompson, an Atlantan.
Sleeveless Bathing
Suit Ban Is Lifted
There won’t be any trouble about
sleeveless bathing suits at Piedmont
Park Lake this summer. J. O. Coch
ran, General Manager of Parks, said
Tuesday.
“The rule of the Park Commission
against them still stands." said Mr.
Cochran, “but it was ovveruled by
Judge Broy>es last summer. Unless
the Issue should be taken to a higher
court and the ruling reversed, the
Recorders order stands. The only
rule about bathing suits this summer
will be that theyVnust be respecta
ble.”
Swoboda Watched
For Fear of Suicide
I By International Nows Service.]
PARIS, April 20.—According to The
Petit Parisien, Raymond Swoboda.
whose examination on a charge of es
pionage began yesterday, is being
closely watched in his Paris cell be
cause of fear that he "may commit
suicide.
Wilson to Review
Big U. S. War Fleet
WASHINGTON, April 20.—Presi
dent Wilson has consented to go to
New' York to review the Atlantic fleet
May 17. About 69 war vessels will
participate in the demonstration.
THE ISSUE,
U
DEFENSE
By L. V. B. RUCKER.
(Special Correspondent International
News Service.)
SYRACUSE, N. Y.. April 20.—Soon
after William J. Barnes had rested
his $50,000 libel suit against Theo
dore Roosevelt to-day, after only five
minutes of direct testimony,* the Colo
nel himself took the stand as the first
witness for the defense. The plain
tiff’s only direct witness was Jphn
McGrath, of Oyster Bay, private sec
retary to. Colonel Roosevelt, who tes
tified that he took and delivered to
the newspapers and press associa
tions of New* York the Roosevelt
statement of which Barnes com
plained. The main' Barnes evidence
will come in rbuttal, it was an
nounced.
Just before the ex-President took
the stand, his attorney, in the de
fense’s opening statement, declared to
the Jury that in the trial the right of
citizens to promote good and clean
government was the real issue.
The first question asked Colonel
Roosevelt related to his age and fam
ily. The Colonel said he was 56 years
old, and had a wife arid six children.
Colonel Not Retracting.
To correct the easily apparent im
pression following yesterday's motion
to dismiss the case, that the defense
had “lain down,” counsel for the Colo
nel issued the following statement:
“For the purpose of correcting the
erroneous impression which seems to
have been created, counsel for Colonel
Roosevelt says:
“ ‘The motion wag merely intended
to be the usual one in the conduct of
such a case <*nd In no way implied
any change in the position of the de
fendant. The defense will proceed
along its original lines'. There was
not, and is not now. any intention to
deviate therefrom. Mr. Bowers in
the latter part of his argument was
simply discussing the legal situation
which attached to the article as pub
lished in the absence of an innuendo,
which, under well recognized rules of
law, requires, if possible, a harrfiless
construction of language, if su'*h con
struction is considered by the court
to be possib’e.
Statement Purely Legal.
“The motion having been denied,
the defense will now proceed to prove
the allegations set up in the answer
Continued on Page 2, Column 4.
I WisconsinGovernor
To Ask Slaton for
Clemency for Frank
I By International News Service.]
jw ADISON, WIS., April 20.—
|Yr| What may develop into a
wide movement to save Leo
M. Frank, convicted of the mur
der of Mary Phagan, from the gal
lows was started in Madison to
day.
Sol Levitan, a Madison banker,
appealed to Governor E. L. Phillip
to write Governor John M. Slaton
of Georgia and request h«m to ex
tend executive clemency t^> Frank,
and the Governor said he would
write the desired letter.
Speaker Lawrence Whitten and
other men prominent in public life
in Wisconsin will also add their
appeal.
Mr. Levitan said that Govern
ors and men of prominence in
every State of the Union w»ll be
asked to write similar letters to <
Governor Slaton.
Later in the day Governor Phil
lip declared that he wished it un
derstood that he was not planning
to appeal for clemency for Frank
as Governor of Wisconsin, but as
an individual.
Park Flowers
to Look ai y
Not Take
Spring blossoms have made Atlanta’s
parks so beautiful that it took mounted
policemen to restrain tlie crowds that
flocked to them Sunday. Dogwood has
never bloomed in greater profusion in
Grant Park and Piedmont Park, its
beauty and abundance proving too great
a temptation to those who wanted to
carry flowers home.
“Parts' of the par1<s, particularly in
the wooded section of Piedmont, are
covered with broken branches of dog
wood,” .said J. O. Cochran. General Man
ager of Park, “i know the people want
ed the blossoms because they are so
pretty, but it is nothing short of van
dalism to pull flowers in the parks, and
whenever any one was caught with
them they were forced to throw them
down. There they t'e withered, when
they still might be fresh and beautiful
on the trees.
“The policemen made no cases Sun
day. but from now on cases will be
made against any one—woman or man—
found guilty of pulling park flowers.
Wild flowers are the most attractive
features of the parks, and we want the
people to understand we will protect
them the same as we do cultivated
ones’’
Britain Exempts Raw
Cotton as Contraband
I By International New» Service.]
LONDON. April 20.—Foreign Min
ister Sir Edward Grey officially an
nounced in Parliament to-day that
raw' cotton has been excluded from
the list of contraband of war.
Little - Mies
Marian Hillyer
Wolff, who is
getting much
praise on
her essays on
nature and bird
life. She is
the daughter of
Dr. and Mrs.
Bernard Wolff,
of No. 9 Peach
tree Place.
-1- 0 *
SUPREMACY
The net paid circulation of The Sunday American is now over 82,000 copies, which
shows an increase for the past six months of over a thousand copies a month.
82,019 COPIES
This circulation demonstrates the superiority of The Sunday American, and its su
premacy over other Atlanta newspapers. It exceeds by 23,000 copies the circulation of
The Sunday Journal, and by 44,000 copies the circulation of The Sunday Constitution.
Sunday American
Sunday Journal
Sunday Constitution
82,019 Copies
58,935 Copies
37,868 Copies
Ianta from Washington turning him
over to the State authorities. And, ac
cording to the court’s general prac
tice, such mandates are held back
until the end of the term in which
they develop. The present term of the
Supreme Court ends about June 15. A
dispatch from Washington Tuesday
said the Frank mandate undoubtedly
would take this course.
Not to Reach June Session.
Consequently, Frank’s appeal for
clemency probably will not be sub
mitted until the July session of the
Prison Commission, as the June ses
sion will be over by the time he is
resentenced. And. as the appeal must
go to the Prison Commission for re
fusal or favorable indorsement be
fore it is submitted to the Governor
as the final resort. Governor Slaton
will have been retired a month or
more before it reaches the executive
office.
However, there is the slim possi
bility that the mandate will be sent
down at the end of 30 days. Even in
this event, though, it is hardly likely
that the case will develop before the
Prison Commission In time to reach
Governor Slaton before he goes out of
office, as there are a number of nat
ural delays.
No Rehearsing To Be Asked.
It is not customary to return the
mandate within less than 30 days in
such cases for the reason that the
Supreme Court gives to every pris
oner that length of time in which to
make application for
U - S. !..
rehearing.
tiffin#
Bad little boys who rob birds’ nc.sis
have been given a severe rebuke by
little Miss Marian Hillyer Wolff. 7-
y ear-old daughter of Dr. and Mrs.
Bernard Wolff, of No. 9 Peachtree
place, who declares in a sketch which
she has just written that to steal eggs
and birds is as distressing to the
mother bird as the loss of real babies
is to the human mother.
This pretty little miss spends a part
of each day reading about the won
derful works of nature, as they are
set down in the children’s books; then
she goes to her own little desk and
writes what she thinks about it. In
her neighborhood she is fast becom
ing a leader In a juvenile school of
literature, which the grown-ups de
clare has wonderful possibilities.
Little Miss Wolff inherits much of
her literary ability from her great
grandfather, the late Governor Mc
Dowell of Virginia, who wielded a
clever pen as a Princeton student and
later, and likewise from her gifted
grandmother, Mrs. McDowell Wolff,
leading member of the D. A. R. and
contributor to this section’s patriotic
history. She is a pupil in the first
grade of the Tenth Street School.
Several days ago, when the trees
had put on their new spring dress and
the birds were all singing their wel
come to the new r season, little Miss
Wolff started a story for which her
family and friends of the neighbor
hood are praising her highly. It is en
titled "The Bird’s Nest,” and here it is.
just as the little girl wrote it: *
"Once a bird built a nest. It was as
happy as it could be. It had two eggs.
It was as happy as a bird can be.
Soon the''*ggs turned to birds. The
bird was singing over its little ones.
Little John had learned to climb a tree.
The happy bird’s nest was in it, so the
little boy climbed up the tree and saw
the nest. He was a good boy. He did
not know that birds were in it, so he
got the nest.
“That evening the bird came back
home. She could not find it. She did
not sing any more. The little boy
listened every day, and wondered why
she did not sing. ‘He thought of giv
ing the nest to her. He climbed up the
tree and hunted for the place. He put
the nest back on the same branch.
“The bird came to it. The bird sang
a pretty song.
"Have you ever robbed a bird? If
you have, do not do it again. It is as
bad as if someone big would come and
take away from your house all your
babies.”
that tlie Frank lawyers will make no
attempt to obtain a rehearing in
Washington. They are through with
courts, they declared Tuesday.
“We will go before the State Prison
Commission with an application for
executive clemency,” said Attorney
Harry A. AJexander. "I know of no
effort to obtain a rehearing by the
United States Supreme Court.”
“We are preparing only one thing,”
that is to go before the Prison Com
mission with an application for ex
ecutive clemency. This we will do as
soon as the application can be pre
pared.”
Solicitor General Dorsey will repre
sent the State before tlie Prison Com
mission, Attorney General Grice’s
connection w*ith the case having been
ended upon conclusion of the hearing
before the L’nited States Supreme
By BRIXTON D. ALLAIRE.
(Special Correspondent International
News Service.)
ON THE ITALIAN FRONTIER
(via Paris), April 20.—Feverish mili
tary prejaratlons are under way along
the entile Austro-Italian frontier.
Eight^Ttalian corps are massed south
of the frontier ready for the call to
action. These 320,000 soldiers are
first-line troops and chiefly veterans
who have seen service in the Tr p-
olitan campaigns. ^
When the International News Serv
ice correspondent left Rome there was
a general belief that war between
Italy and Austria could not be long
averted. Austrian newspapers shared
the same opinion. The Trieste News
states that all the public schools have
been ordered closed, and that they
will be used as barra<iks for German
and Austrian troops.
The train bearing the correspondent
to the frontier passed through town
after town in which Italian soldiers
were seen. All officers wore their field
service uniforms.
French and English
Are Pounding Away
By FRANKLIN P. MERRICK.
(Special Correspondent International
News Service.)
PARIS, April 20.—Both sides of the
German wedge in France are being
pounded by the Allies, the British at
tacking on the French-Belgian border
and the French pressing home against
the German left flank. The fighting
between the British and German*
near Ypres, in West Flanders, is de
scribed as “almost as fierce as the
recent engagement at Neuve Cha-
pelle,” when more than 30,000 Eng
lishmen and Germans were killed,
wounded or captured.
The battle of Hill No. 60, south of
Ypres, where the British advanced
three miles, is regarded as an impor
tant achievement, for the eminence
is a position of strategical impor
tance, being the only commanding
elevation in that section of the low
lands.
British warships have again bom
barded the German positions at
Ostend and Middlekerke.
Floods on the Yser, which caused
a lull In the fighting in that region,
are subsiding.
In Upper Alsace and the Vosges the
French continue to make progress.
Near Metzeral, in the valley of the
Fecht River, In the Vosges, the Ger
mans are reported to have retreated
from several important positions,
leaving a big quantity of supplies in
the hands of the victors.
Air squadrons are active all along
the front. A Taube that tried to at
tack Verdun was driven off. The
loss of Lieutenant Roland Garros was
a severe blow to the aerial arm of the
French service, for he was universal
ly regarded as the most daring avia
tor in France.
Allies’ Fleet Badly
Damaged, Say Turks
By LUDWIG VON KLEIN.
(Special Correspondent International
News Service.)
CONSTANTINOPLE (via Berlin
and Amsterdam), April 20.—Recent
Turkish successes at the Dardanelles
have removed the anxiety apparent
here when the first allied attacks were
made against the straits forts.
According to the War Office, eight
warships of the Anglo-French fleet
have already been badly damaged or
sunk since the Allies opened their
bombardment, while five others have
been less seriously damaged. The
forts, on the contrary. ahe declared to
have suffered only minor damage,
practically all of which has been re
paired. .
Enver Pasha,'the Turkish Minister
of War, said to-day that the forces of
troops at the Dardanelles forts ha*t