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THE ATLANTA GEORGIAN.
WEDNESDAY, OCTOBER 3, IM
grand jur y orders
TEDDY, JR., TO TESTIFY
n„«ton Oct. S.—Theodore Roosevelt,
Trand his friend, Meredith Blagden,
„ summoned before the grand Jury
* 'a Shaun Kelly, another friend. Is
0 rested In connection with the episode
the common Thursday night when
Policeman Krayer was Injured. Young
inMcvelt and Blagden wilt appear be-
i,re'the grand Jury tomorrow.
Jellv surrendered himself to the po-
„re after hearing that they were
searching for the companion of Roose
velt and Blagden. Blagden accompan
ied Kelly and furnished the $200 ball
fixed by Commissioner Winslow. Po
lice Commissioner O'Meara has Issued
a statement In which he says that the
police department Is not responsible
for the action of the district attorney
In serving summons on Roosevelt and
Blagden.
Kelly faces trial In the Boston mu
nicipal court today for the assault of
Frayer.
RELIEF of the people
STRONGEST ARGUMENT
FOR COURT OF APPEALS
By BURTON SMITH,
Former President Georgia Bar Assooialion.
To the Editor of The Georgian:
I advocate the bill for the court of
appeals: I advocate it not so much for
the purpose of relieving the supreme
court as for the purpose of relieving
the people of the state. I happen to
know that the supreme court Is griev
ously overworked. I know this well,
because in addition to having practiced
before the court for more than twenty
years, I number among the justices of
the court some of my Closest friends.
But the constitution should not be
amended to relieve a few. In this
case, however, the entire people need
relief, and need the constitutional
amendment. Whatever may be a man's
views on the great public questions of
the day, no honest lawyer or honest
citizen can question' the fact that a
speedy, full and fair hearing Is essen
tial to the administration of justice.
Those w ho object to this have ulterior
and Improper purposes. Every lawyer
w ho practices before the supreme court
knows that owing to the crowded con
dition of the dockets the judges are
unable to give a speedy trial, and are
unable to give pr#per time for a full
and fair consideration of the cases be
fore them. *
Origin of the Bill.
Many people have wondered as to
the origin of this bill. It Is practically
the bill drafted by a committee of the
Georgia Mar Association In 1902. A
committee was appointed from the as
sociation to draw a bill to accomplish
the relief of the people from the
overcrowded condition of the supreme
court, one lawyer was appointed from
each congressional district. I was that
nr president of the Bar Association
id under the resolution presided over
e committee. I may remark in this
nnection that It has occasionally
happened that some Individual of the
Association has expressed rather
ukable views; but the association
whole has been at no time domi
nated by any specific class, and has
always stood for the .development of
the lejcai science, and for legal admin
istration and court procedure along
conducive to the best welfare of
the entire people.
Business Too Heavy.
It Is a fact that the business of the
supreme court has Increased to such
i extent that It is impossible for the
court to give that business attention.
A case goes to the supreme court, re
turnable to the fall term. It Is entitled
to a trial at that term If reached, but
it MUST be decided not later than
the term following, whether it has
been argued or not. Twelve hundred
cases a year go to the supreme court.
Many of these cases have records so
1 ng that tho reading of them takes
many hours. It Is Impossible for the
murt to give proper consideration to
all of the cases which go to It, and we
win simply come to a condition where
a great number of cases will receive no
attention. Unless decided by the sec
ond term all cnses are affirmed by op
eration of law; that is, If the court
docs not reach these cases to decide
them, they stand affirmed, Just os If
they had been affirmed by action of
the court.
A Strong Illustration.
Four hundred and fifty-two cases
rame over from the March temv un
decided. If this number of unheard
rases proportionately increAAed—and
there is every reason to believe it will
be we will have within eighteen
months at each term a large number of
eases affirmed by the operation of law
without a hearing. As has been well
said by an able judge, "Unless some
thing is done, It Is only a matter of a
few years when a whole term’s, busi
ness will be stricken from the docket
by one stroke of the pen; the entry
upon the docket and upon the minutes
of the court in 700 or 800 cases will be
‘affirmed without a hearing by opera
tion of the mandate of the constitu
tion.* "
I was chairman of the committee ap
pointed by the State Bar Association,
some twelve years ago, to Increase the
number of the supreme court. The su
preme court was Increased, but the
business has increased out of all pro
portion to the Increase of the court.
The state of Georgia Is growing rapid
ly—enormously. Its interests are grow
ing In proportion. A vast number of
corporations doing business all over
the South have headquarters In Geor
gia. Increased-litigation is an incident
to our increased prosperity along all
lines.
Bill Admirably Drawn.
I consider the bill a good bill. It
has been criticised because the ma
chinery of the court is put into a con
stitutional amendment. The answer to
that is, that the bill Is so drawn as that
the legislature can change any of the
details at any time. We need the
court; we need it badly.
It has been suggested that this will
be an increase of expenses. How pal
try an argument! Surely the great
state of Georgia, rich, powerful, pro
gressive, will not hesitate in furnish
ing an opportunity for Justice to its
citizens, because the cost of such Jus
tire Is a few thousand dollars. Magna
Uharta says, "We will neither buy nor
sell Justice," If we decline to furnish
an opportunity to our people to obtain
Justice, are we not nearly as bad as
those who buy or sell justice?
This bill is not for the benefit of the
lawyer; It Is for the benefit of the
whole people. So far as his pocket
alone Is concerned, outside of hls love
of justice and proper administration of
the law, delayed litigations might be,
and often are, os profitable to the law
yer as a prompt hearing.
I urge all of the 'people of Georgia
who have an Interest In the true ad
ministration of the law to vote for this
amendment.
MAUD.
FILLING OF WALL
INJURES A NEGRO
Henry Green, a negro who live* nt
176 Frazier street, was hurt by the
falling of the kitchen wall of tho Pur-
telt House, 64 Forsyth street, at 10:30
o'clock Wednesday morning.
The workman, who was at the time
digging under the wall of the house
which Is being tom down along with
the old First Baptist church, was badly
cut on the face and hand and had a
narrow escape from death.
J. T. McGukln, In charge of the work
of raising the building, cautioned hls
workmen that the wall would fall a
few minutes before the accident. Green
evidently did not hear the warning and
continued to undermine the founda
tion. When the wall toppled a cry was
sent up by the other workmen, who
succeeded In getting out of the way un
injured. Green dropped hls pick and
also attempted to get out of the way,
hut was caught and pinned to earth by
the heavy pile of bricks.
He was taken to the Grady hospital.
FRENCH BROADCLOTH SUIT AT $45.00.
Rich brown and n deep black; showing the new
fancy Pony-Jacket effect; the trimmings of black
satin edged with pastel shades of broadcloth; vest
with loops of braid and gilt buttons. Very full, 9-
gore, side pleated skirt.
Completely Ready
is the Showing of
Tailor-Made Suits
More Suits have arrived, more and more each
day, until now the great showing is perfectly com
plete. Every good style is here; such a gathering is
very seldom seen.
One object in coming here this week, besides that
of viewing the very charming display, should be to
see Suits that are different from those genernlly
shown. Not only new but distinctive models—full of
character and individuality. We have been very care
ful about this; selecting largely but only just a few
of each kind, which keeps them more exclusive to
the wearer.
Of fine Suits, around $115.00 to $50.00 and up
ward to $110.00, this feature of originality is partic
ularly noticeable. Scarcely two alike, And the dis
play of these very handsome creations exceeds in
cleverness and variety that of any'previous year.
Yet, there are a great many beautiful Suits at
medium and populnr prices. Often duplicates of some
costly imported model; the Suits at $25.00, for exam
ple—at $20.00 and $17.50—they were never so attrac
tive and pleasing.
Two of the new Suits have been sketched from
stock and arc shown here in the pictures. These speak
for scores of others, emphasizing, ns they do, the ex
ceptional value olferings throughout.
Value is the one thing nenrest quality of which
we have been most mindful. You will find here the
very Suit you like, nt a price you will be glad to pay.
The least expensive are fine in material, enrefuliy
tailored and neatly finished. Even the most elaborate,
elegant models possess rare charms of price. It all
tells in the making, to your very great advantage in
fit and style. The new Suits nre a most extraordinary
gathering.
ETON SUIT, PRINCESS SKIRT, $20.00.
, Gray Worsted, all-wool material; little Eton
jacket with Princess skirt; collar and cuffs of In
laid green velvet, ulso vest, finished with green silk
braid: tailor strappings and touches of the green
velvet here snd there on Jacket and skirt.
Second Session W.O.N.A.R.D.
Fall Opening
Tonight,
Rain or Shine.
We cordially invite every one to attend our
20th semi-annual opening tonight, which was
postponed from last Wednesday.
Music by Orchestra from 3 to 5, and
7.30 to 10 p. m.
Souvenirs for Everybody.
Smith & Higgins
254 Peters Street.
Transfer to Walker Street or West View Cars.
The second session of the Women’s
Auxiliary of the Association of Retail
Dru£Rl*t»-wAs called to order Wednes
day morning by the national president,
Mrs. Emma Gary Wallace. The as
sembly room at the Piedmont hotel was
comfortably filled, and before the ad
dress of Mr. B. E. Pritchard, of Mc
Keesport, Po., had been concluded the
hall was crowded with delegates.
Mr. Pritchard began hls address by
saying that he considered the women’)
organisation of such Importance and
of such Influence as to be a positive
factor In the uplifting of pharmaceutl
cal standards throughout the United
States. He appeajpd to the wives of
druggists to Influence their husbands
in behalf of eliminating questionable
sales, the closing of the pharmacies on
the Sabbath, and elevating the profes
sion in its every department. Upon
the conclusion of his talk Mr. Pritchard
was thanked by Mrs. Wallace, and was
asked to allow a copy of hls address to
be placed upon the hies of the organi
zation.
Mr. W. O. Frailley, of Lancaster, Pa.,
followed Mr. Prltchanr with an Inform
al talk. In which he gave helpful sug
gestions as to the lines along which the
organization should be conducted. He
stressed the necessity of every wom
an’s rending the phnrmaceutlcal Jour
nals, and his expressed hope that the
women’s organization should soon be I
brought enthusiastic applause.
The Wednesday morning session
closed with Mr. Frallley’s talk, Mrs.
Wallace having been Invited to make
an address before the druggists con
vened In the ball room of the Kimball
house. Mrs. Wallace announced that
a third session of the women’s organi
zation would be held Thursday morning
at 10 o’clock In the assembly room of
the Piedmont. At this meeting the
board of management will make its
report, and the national secretary, Mrs.
Adelaide N. Godding, of Boston, and
the national treasurer, Mrs. Lulu B.
Avery, of Chicago, will make reports.
The election and Installation of officers
will be followed by a reception to of
ficers and members.
Mrs. Wallace Addresses Men.
To a large audience of men and
women In the bnli room of the Kimball
house, Mrs. Emma Gary Wallace made
an Interesting talk on the alms of the
women’s organization and Its possibil
ities as a helpful factor In the work of
tho retail druggists. Her talk was
enthusiastically received, meeting with
hearty appreciation. During her stay
in Atlanta Mrs. Wallace has won gold
en opinions by her executive ability,
no less than her winning personality
and exceptional eloquence.
Program for the Afternoon
Wednesday afternoon the ladles of
the convention were entertained at a
matinee party, several hundred tickets
able to establish Its national organ, | being distributed by Mrs. Sam Jones.
ANCIENT POMPEII
No scenic representation could be
more "realistic'* than the magnificent
view which is spread out before the
spectators in Pain's elaborate produc
tion of "Last Days of Pompeii,*’ which
will be seen nightly at the State Fair
In Atlanta, October 10 to 20.
The scenic city spreads over an area
of four acres of ground, and so perfect
is the work of the painter in the per
spective that one seems to be looking
upon a real city nnd a landscape that
stretches seemingly away for miles.
Real massive buildings, 20 to 50 feet
high. loom up in the foreground, rep
resenting the palaces, temples, etc., of
the picturesque ancient city, while
huge triumphal arches adorg Its streets.
Towering above all these is the ever
beautiful but treacherous Mount Ve- j
suvlus.
Cardinal Gibbons, then the Catholic j
church's highest representative in,
America, recently attended a perform- j
anee of Pain’s "Last Days of Pompeii ’ i
In Baltimore, accompanied by several.
reverend gentlemen of the same church, j
All pronounced themselves delighted (
with the colossal spectacle. Hls eml- :
nence Is familiar with the ruins
brought to light by recent excavations
at Pompeii, Italy, and In fact, has Just;
returned from that historic city. *>f|
hls own knowledge he readily pointed |
out many of the principal temples,,
arches nnd buildings. so a<vur«te Is the
reproduction in this mimic city of the
spectacle. Cardinal Gibbons never at
tends the theater, but his knowledge
of Pompeii nnd hls recent study of Its
ruins made him quite curious regarding
this production. .
It Is simply wonderful," said he, on
leaving.
A force of over 60 skilled scenic me
chanics are necessary to place this
scenic city In position each day, In
spite of every time ano labor-saving
device that can be provided.
FREIGHT TRAIN
COLLIDES WITH COACH.
Special to The Georgian.
Ashbum, Ga., Oct. 3.—There was a
wreck on the Flint River and Gulf
railroad yesterday morning at about
6 o'clock. A passenger coach had been
left on the main line without a flag
man nnd a freight train ran Into It.
The engine to tho freight was damaged
slightly while the passenger coach was
badly damagod. No one was hurt.
ftHstionary to 8peak.
Rev. C. T. Willingham, missionary to
Japan, who Is In this city spending hls
vacation and Ailing the pulpit at Jack-
son Hill church for the present, will
•peak at the Capitol Avenue B. Y. P.
U. meeting Friday evening, October 5,
at 8 o’clock. All members of the union,
their friends and others are invited to
hear Dr. Willingham and to view the
targe collection of ancient curios and
costumes brought from the mission
fields. It Is especially desired that nil
members of the executive committee of
the Capitol Avenue Union be present
at this meeting, as Important business
is to be considered.
Alleges Damage to Property.
Jefferson Herrick has sued the
Louisville nnd Nashville railroad for
$20,000, which amount It Is alleged his
property, at the corner of Seaboard
avenue and Main street, claimed to be
worth $40,000, has been damaged by
the changing of the grade of the streets
in order to provide for the yards of
the defendant company.
Campbell and Rllay Re-elected.
W. J. Campbell was re-elected city
clerk and R. E. Riley was re-elected
city marshal for the term of two
years at the council meeting Monday.
There was no opposition. Speeches,
complimentary In character, were made
when the elections were called by the
mayor. The elected responded In be
fitting manner.
Many Pupila Enroll.
The educational work of the Y. M.
C. A. opened Monday evening with an
unusually large attendance, consider
ing the unfavorable weather conditions.
The classes will all be Increased by
new pupils enrolling for some time to
come. The outlook for the work this
winter Is very promising, and Secre
tary Walker White Is pleased with the
start made.
Officers Commissioned.
Commissions were Issued Tuesday
by the adjutant general to two new
officers of the national guard of Geor
gia. John 8. Burnett was commis
sioned captain of Company D, Fort
Gaines, Fourth Infantry; W. C. Lyle, of
Augusta, was commissioned major and
surgeon of the Third Infantry.
Atlanta Plow Works Wins.
IV. Hightower and others were,
by agreement out of court, granted
hls residence at the Jail, lived nenr
Mason's church on the Turner rond. He
told Judge Andy Calhoun that hls wife
and the whole layout of witnesses had
sworn lies against him and that he
had "never laid hands on her except In
kindness," but the case was too plain.
A lecture went with the flne.
Charges Perjury to Negro.
R. T. Bosche, a soldier of the Fifth
regiment and son of R. C. Bosche, has
sworn out a warrant against Calvin
Lester, a negro, charging him with
perjury.
RAIN BEATS COTTON
FROM THEM BOLLS
Heavy Loss Sustained by
Georgia Planters From
Reccut Storms. *
LOOK OVER
your laundry and If you find any rea
son. for dl.aatlafactlon you .hould
sand your linen to us, for we guar
antee to
Launder Your Linen
and all other article* In a way that
cannot be eurpaeaed.
Full> 40 K " r ?'." 11 ..p, in) p 0 ||. J) ■ .tlrrlna | EXCELSIOR LAUNDRY,
formers are used In - -
scenes and beautiful pageant*. «nd
$1,600 Is nightly expended In the fire
works display. There are three pretty
ballets and a score of noted American
and European aertallat* and acrobat*.
Dr. Andsrson Called.
Special to Tbe Georgian.
Anniston, Ala., Oct. 3.—Dr. J. G. An
derson, of Tampa, Fla., has been called
to the pastorate of the First Presby
terian Church of this city, final action
being taken by the members of the
SSAtSSF* | hard,^ fruit!
I”' m,w or Macon ' ! Ie«i fight with the Atlanta Agrlcul-
tural Works. When the charter was
first nought the latter company asked
that the new corporation be enjoined
from Incorporating because It was the
Intention of the promoters to manufac-
: ture an Implement which. It was al-
‘ leged, was a counterpart of their prod-
! uet. Several days were taken up In
, arguing the case before Judge Pendle
ton, but before he could decide It the
litigants came to an understanding be
tween themselves.
Montgomery for 8chool Tax.
Montgomery county voted by a large
majority for the local school tax last
Thursday. Fulton, Hancock, Monroe.
Tift nnd Randolph have voted for the
(ax, making six counties In all now
operating under this law for the bet
terment of Its county schools.
Greene-Gaynor Case Transferred. I
Greene and Gaynor, charged with
conspiracy against the United States j
government while building harbors In I
South Georgia, will not be tried here I
in the circuit court of appeals, which |
convened Monday. The case against
them has been transferred to New Or- (
leans and will be tried In January. ;
The case of W. A. Huff et al. against j
William L. Bldwell was also trans- j
ferred to New Orleans.
Eight Months For Wifo-boating. j
Four months of married life with a j
chaser of a $50 and costs fine, or eight
months In the county chalngang for |
wife-heating has been the portion of j
Lee Turner, a white man, who, before
Special to The Georglnn.
Eaton ton, Ga., Oct. 3.—The severest
**nln ftn, l wind storm of the season vis
ited this section Monday afternoon. Be
ginning nt 1 o'clock, the storm contin
ued Into the night, and for one and a
half hours the rain poured In torrents.
Much damage was done to the streets
and fields by washouts. Cotton In the
fields, however, sustained the greatest
loss. The past two weeks of cloudy
rdlny days, coupled with the scarcity
of labor, hod greatly retarded cotton
picking nnd the fields had become whlt«
with the staple.
It is estimated that 75 or 80 per cenl
of the crop was open when the storm
of Monday swept over the county.
Great quantities of cottot) was blown
upon the ground during last w'eek’s
storm, nnd complaints of sprouting and
rotting are general.
rested and tried befofe Judge Broyles
on the charge of shooting nt him with
out the slightest provocation. The
case was dismissed—hence tho war
rant for perjury. Lester Is now at
large.
Free Ttltgraph Messages.
Roth the Postal and the Western
Union telegraph companies announce
that they are offering free telegraphic
service for all relief telegrams to sec
tions of Alabama and Florida devas
tated by the storm.
State Officials Home Voting.
Governor Terrell voted at hls home
in Greenvillo Wednesday morning, re
turning to Atlanta at noon. Colonel
Wesley Shropshire, executive clerk to
the governor, went to hls home In
Chattooga county to vote. Agricultu
ral Commissioner Hudson voted in
Amerlcus, Assistant Commissioner R.
F. Wright, In Elberton. Captain Good-
loe Yancey went to Athens to cost his
ballot, 8tate Treasurer Park went to
Macon to vote. As a consequenco of
all these officials being out of the
city the capltoi Is very quiet Wed
nesday.
DOG GIVES UP LIFE
TO WARN MI8TRE88.
Chicago, Oct. S.—A burglar called
at the flat occupied by Mrs. R. 8. Fink
yesterday. The chief result was the
death of Bruno, a Scotch collie, which
apparently gave up Its life while try
ing to tell Mrs. Fink, who had Just re
turned to the apartment, that a robber
was near.
HOG CHA8ED FARMER
„ INTO OCONEE RIVER.
Special to The Georgian.
Athens. Oa.. Oct. 3.—Joe Handrup
rts chased Into the Oconee rivet
Tuesday morning by one of hls hogs,
which got mad with blm because sh«
did not understand hls action* In re
gard to one of the small pigs. One
of the pigs of Mr. Hanrlrup, who runs
a business near the river, had fallen
Into the river. He had succeeded ir
getting It out alive and had started
to deliver It to Its mother, when the
mother on hearing the squeals thought
he had no business with it and made
for him. He had to jump in the river
to get away from her, she following
the lead in hot pursuit.
40-42 Wall Street.
Phone., Main, 41,
Is Your Business as
Large as You Want?
If it isn’t, you should increase it by
advertising. Even if you have all the
business you want, you need advertis
ing—to hold your own. The other fel
low probably needs more business and
he’s very* likely to go after some of
yours with compelling publicity.
Keep your trade-mark and your spe
cial brands constantly before the buy
ing public aud you’li hold the business
you have aud get more. Use daily
newspapers that go into the homes of
the best people—papers like this one.
Get the Massengale Advertising Agen
cy, of Atlanta, Ga., to formulate your
plans, prepare your copy and place your
advertising. They’ll be glad to corre
spond with you in regard to the matter.