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The Morgan Monitor. VOL. II. NO. 13. GOV. ATKINSON’S MESSAGE. Governor Atkinson, in his message, which was sent to the legislature yester¬ day, makes a sensational arraignment of mab and lynch law. He does not hesitate to declare that Innocent men have been lynched during his administration and as one of the remedies for mob violence asserts that a. prisoner when assailed by a mob should he given a weapon by the officer in charge, be unshackeled, and be allowed to defend himself. The governor’s comments are at consid¬ erable length and are extremely striking. Ho says that any woman can have a man murdered by a mob by simply de¬ claring that he had assaulted her and that under mob rule life cannot be safe. He makes a strong plea for law and or¬ der and asks the passage of an act un¬ der which counties may be sued and verdicts of not less than $1,000 be obtained by the heirs of any -man killed by a mob. The governor sets forth his views on the convict question as already printed in full in The Journal. Among other things he advocates put¬ ting street railway companies under con¬ trol of the railroad commission. Stripped of purely routine matters, the message is as follows: NORTHEASTERN RAILROAD. On the 2Sth day of May, 1896, after ad¬ vertising for bids as directed in act au¬ thorizing a lease, the Northeastern -rail¬ road was leased to E. A. Richards & Co. at the sum of $1S,6C0 per annum, payable quarterly, for a term of 20 years, from the first day of June, 1896, and a bond taken In conformity to law. The rent was paid for two quarters. When the rent for the third quarter fell due on the first day of March, 1897, it was not paid,' and when two months’ time, In which they were permitted under the law to pay this, had expired, the rent was still unpaid. 33y virtue of authority vested in me I Uicn seized the road ^nd have since oper¬ ated it for the state under the direct management of Hon. R. K. Reeves, who was appointed by me state agent. I submit herewith a stac nent showing the net earnings for each month for which report has been made to me: May...... .. ..$ 742 98 June........ .. .. 751 50 July........ .. .. 1,143 49 August...... • • .-. . .. .. 1,374 47 September.. . .. .. 2,000 00 Total $6,012 44 The months covered by these reports ore the hardest of the year, but it is grat¬ ifying to he able to -state that they show an increase over the earnings in the same period when previously operated by the state. AJnder present conditions we can safely Tely upon (the net earnings of) the. load earning a good income on the sum at which it was purchased by the state, to wit, $100,000, and it will more than pay in¬ terest on the series of bonds issued to re¬ tire the $2S7,000 of bonds on said road, up¬ on which the state of Georgia was en¬ dorser. As this is a short and dependent line, mid in view of possible changes in the railroad situation which might impair and possibly destroy its value, I recommend that an act be passed authorizing the governor, at his discretion, to offer it for sale whenever, in his opinion, it can be sold for the amount of the bonds issued by the state to cancel the series above mentioned. RAILROAD COMMISSION. Your special attention is called to that part o£ the report of the railroad commis¬ sioners in which legislation is recommend¬ ed to enlarge their powers, and to better enable them to enforce their decrees. These recommendations, briefly stated, are: Control of Issuance of stocks and bonds of railroads. Removed of all doubt of authority of the commission to require the erection of de¬ pots, and additional power to require thq construction of sidetracks. Rower to regulate the interchange of freights and cars in order to secure to shippers the right to route their goods and to prevent discriminations. Speedier methods of enforcing the or¬ ders of the commission to compel rail¬ roads to Immediately accord to the public rights which are due them. After asking for this legislation the commission adds: ’’We have exercised, and are now exer¬ cising, all the authority that has been granted us. Our experience, and the com¬ plaints continually received from the peo¬ ple, clearly indicate that the additional authority recommended is necessary to their protection. If they expect relief in these particulars they must look, mot first to this commission, but to their senators nnd representatives whom they elect to the general assembly, and who alone have the power to authorize the commission to correct the ills complained of.” You cannot be too careful in legislating upon the subject of railroad control. A wise and rigid control of these properties is of the utmost Importance to our people, and is essential to the growth of our corn- meree. STREET RAILROADS. I advise that the authority of the rail¬ road commission be so extended as to give them power to regulate charges on arrets, railroads, and exercise such control over them as may be needed to give good ser - - - vice to the public, and adjust disputes be- tween them ancl the public when made by any party interested, or by the author, ities of the city in which such street rail, road may be operated. The sole power to determine those questions s-hould not vest in the street railroad corporations. The authority to pass upon -them should be vested in some tribunal, and that tribunal should not be in the control of, or created by, those directly interested in the questions to be submitted to It. TELEPHONE SYSTEMS. The railroad commission now has juris¬ diction over railroad, telegraph and ex¬ press companies. The same reasons which induced the state to give t-hem authority over these, demand that their power be so extended as to bring under their control all tele¬ phone companies. The charges made by telephone com¬ panies shouid be fixed by the commission. In my opinion they arc itow so excessive ln theJr charges as to demand the Inter¬ ference of the state ln behalf of the citi¬ zens. . Each of these comp anies are qvh-at are usually termed' natural monopolies, and should be controlled by the government, EDUCATIONAL INTERESTS There has been a constant and marked improvement in our common schools. rp, me steady , - ahd , gradual increase in the appropriations for tiheir maintenance -has resulted in multiplying the number of permanent r'„ schools, arousing greater in- * — r n i! e people In , education, rnproving the character of school bu’ild- !"f®, ® nd mcreasing the efficiency of in A,i this campaign . against ... ignorance columns our should not retreat, but move mnmin. vanquished a and t i nti the cttem Y Is the banner of light, ani virtue floats in triumph over the Held. UNIVERSITY OF GEORGIA.. The people of the state are to be con¬ gratulated upon the ever Increasing pros- perity and usefulness of their university. With the increased room and facilities furnished by your late appropriation thereto, and the purchase of the new farm, df .. assured of permanency of Us income, its still greater usefulness can not to be doubted. On the 7th of October last two hun* dred and sixty-seven students had been registered. Of them sixty-five jleb cent. are members of various churches, to wit: one hundred Methodists, eighty-one Bap- lists, thli-ty-eight Presbyterians, thirty Episcopalians, five Catholics, six Jews, three Christians, one Lutheran and °tu- one Unitarian. Of the fathers of those dents, seventy-eight are farmers, forty- four lawyers, forty-two merchants, nine- teen doctors of medicine, nine bankers six teachers, six besides preachers, various and eight in: suranee men, other oc- cupations. For further details you are referred to the annual report of the chairman of the board of trustees, submitted Aceorttihg to law. . GEORGIA' SCHOOL OF TECHNOLOGY I am Pleased tc note the increased increased at- at tendance at the school of technology. The two hundred and twc-nty-flve students now there give evidence that 'practicei Eiiiica- tion is receiving sertstfg attention of our people, Th6 school offers scientific courses Of high grade in mechanical elec trlcal and civil ’ engineering. The new dormitory is filled with stu- dents who are under wholesome regula- tions and protected from evil influences by the supervision of the authorities A high standard in scholarship and skill in shop work Is required, and the SchSol ■takes rank with the best technical insti- ■tutions in the Country, Georgia, being hfeaf the center of the cotton growing area of the Union, should provide for the Instruction of her sons in the manufacture of cotton goods. New England has taken steps in this diree- tion for the protection and advancement of her manufactures. The textile Schools which have been established dt the north are bound to militate ts the detriment of our own cattOn industries unless they are met With similar institutions in the south. A department of textiles should be added to the School of Technology for the purpose of giving our young men the opportunity of becoming experts in the manufacture of cotton goods. I am as¬ sured that such a measure would re¬ ceive substantial aid from many promi¬ nent firms and citizens, and On aecOliftt 6f the present excellent equipment of the school, the first cost ft onto be reduced to a minimum-. NORMAL-INDUSTRIAL COLLEGE, This institution, whose curriculum em¬ braces a literary, a normal and an indus¬ trial course, is doing a great work for the state by supplying its SG'hobis with well educated, trained teachers, develop¬ ing the brain and increasing the culture of her daughters, and rendering them capable of being, when necessary, self- sustaining and independent. So great is the popularity of this col¬ lege that had its accommodations been adequate it would have in attendance 600 students. Several hundred applicants •Wer* us¬ able to gain admission at this term on ac¬ count of the limited accommodations. The course of study in the normal de¬ partment is considerably in advance of the. examinations giVen applicants for first grade license in our common schools. Under existing laws the graduates of the North Georgia Agricultural and Me¬ chanical college at Dahlonega, State Nor¬ mal school at Athens, Middle Georgia Agricultural and Mechanical college at Millcdgeville, Gordon institute at Barnes- ville, are permitted to teach in the com¬ mon schools without further examination. I therefore recommend that the same right be accorded the graduates of the Georgia Normal and Industrial College. STATE NOMAL SCHOOL. ■ Thlc i his school cn . nnl hiu -become a very valuable , part of our educational system and is worthy of your aid and encouragement. In the management of various public institutions it has been found of great advantage to the institutions and a relief to the officers in charge to have some of tbe trustees located so as to be accessible to the institution. It is not advisable to change cel. mt board the personnel of commissioners of the present ex- charged with who are the immediate control of itic ber, institution, and as their present num- five, is rather small, I recommend that the governor be authorized to ap- point, from the county of Clarke, two.ad- ditional members to said board. DAHLONEGA COLLEGE I enjoyed the pleasure of attending the commencement eXnf t Tt. f j his very ex - cel,ent institution, and gladly , testify to its usefulness. It is doing a magnificent work for North Georgia, and deserves the encouragement which it has received at the hands of the general assembly. T-he governor recommends the appoint- ment of a state penitentiary agent and that bids be received for all the state's purobJases. He recommends that the state treasurer be authorized to lend out the sinking fund of $100,000 on the state’s bonds. The governor makes war on bucket shops. He says: "The evil that is being inflicted on the state by the operation of what is known as bucket shops ls incalculably great The possibilities of great wealth with which these places allure their victims arc well calculated to mislead and on- trap men eager to grow rich, and ts a tempting bait especially to young men. Lives arp being constantly wrecked and fortunes squandered by these tempters. The material and moral welfare of the state demand that the bucket shops be suppressed.” On election laws the governor »ays: Law's regulating eleet/ions should effect¬ ually prevent fraud, and so guard the right of the elective franchise that the destiny of our state will be entrusted only to those citizens whose baldat is un-puT- ch.asa.ble. * * * The amount of money which can !be used by n candidate before the general assembly should be limited, the purpose specified by Jaw, and the successful candidate should be required, before he assumes the duties of Ms office’, to exhibit of fend file a sworn itemized state! ment expenses which should not ex- eeed the amount allowed -by law. For a violation of this -lany he should forfeit his right to the office to -which he is elected. The proposed measure should be suf¬ ficiently comprehensive to specify the purposes for which money can be used in a campaign in a party primary or final election, and free officials from that obli¬ gation, which is incurred by -person-ally receiving from others a contribution to aid In securing an election. If, tor instance, candidates for the offics of soliener general, judge an-i .UpHeJ Population and drainages. MORGAN. GA.. FRIDAY. NOVEMBER 5 1897. states senator are permittoa, oy direct contributions, to plaC6catidlddtes and the parly ftmhoH.tie&, iti the respective coun- dlrect obligation to them by contribution to campaign fund, it will de- I grade political life, piit capacity and ! worth at a discount, and make money 1 the tea t of merit. The influence of ' >0l ^'- :cs * already money n * s too great, and should j I ‘'VKT All contributions 1 !**-!; r , edUCed for t0 political a minimum. campaigns should be made direct to the party offle- ials, and no man, not a resident of a county, should be permitted to contribute to the county election. To prevent undue influences of money from this source such contributions should, lh congresston- .si campaigns, be given to the district committee, Committee, and Hi State campaigns to the state to be by them expended where they think best. THE INCREASE OF CRIME, The increase of our prison population is a ma ' tter for serious consideration. In 1859 there were only 393 convicts In our peni¬ tentiary; in 1871, 3S5, In 1874, 616; and now there arc 2,357. This, of course, does not include those in the county cllalngangs, 1 numbering about 1,850. The fiumbei- iil the penitentiary would be ev'en iahger but for legislation by your - predecessors, under the provisions of which a large number who were convict- . . felo,,y , , lias , , ** sent , to , “ , hc en coun G i ctiaingangs. r „ i< 1S<1 7 . U 1 - per ccnt o£ the convIc ‘* were ’ wllK e ’ and in 1897 8 per cent, are white, During , this period the blacks in penitentiary have ihiir@ftsed the While the Meredith ivhitii hop pci- cent. In convicts has. beefi sffiftli; our Both penitentiary has been rapidly replenished the ranks ot the colored population. The number of con- victs ln reccnt years is much larger than LU after they were given their freedom. More were received into the penitentiary in -the and year 1S96 thin in the years 180a, 1870 1871 combined. The whole num- ber of convicts received from the estab- hshment of the penitentiary, March 10, lsl7, to October 26, 1866, a period of 49 y * ars and 7 m ° n ths, "’as 2,029 ; total num- ber received during the four years, 1894-5- e ~ 7, was 2 - 307 - The Io H°wing table will show the com- mnmicnts to the penitentiary for the last e *Shteen (18) years! COMMITMENTS RttOM 1878 RiM: Two years, Oct., 1878, to Got., isso...... 433 Two years, Oct., 1880, to Oct., 18S2. r>> s Two years, Oct., 1882, to Oct., 1884. 596 Two years, Oct., 18S4, to Oct., 1886. 777 Two years, Oct., 1886, to Oct., 1SSS. 775 Two years, Oct., 1SS8, to Octl, 1899. .. 966 Two years, Oct., 1890, to Octp 1892. :V One year, Oct., bet., 1892; lS In Get:, issl iSO-i. Tli One year, 93 ; Vo Oct., 638 One year, Oct., 1S94, to Oct., 1895. 635 One year, Oct., 1903, to Oct., 1S96, 528 Total for 18 years........ ....... 7,747 This result has been reached in spite of the fact that in addition to what has been done by towns and cities support¬ ing local school systems, we have spent within that time about four million dol¬ lars in an effort to educate the cniofed people that thby heebmb bettbi* citi¬ zens-. The governor adds: The best of the race Intellectually and morally should be selected to teach in public schools. The law should require the school authorities to look closely into the conduct and character of each ap¬ plicant -before .19 gviLni'ed to teach. Th|S phoVisioii should apply alike to white a'Rd black. In every way possible we should endeavor to improve the morals of the people by imparting, through the school room, correct principles and pure morality. The teacher should not only train the mind, but build noble charac¬ ters. CRIME AND LYNCHING. Tho graver crimes are of alarming fre¬ quency and -ffiote seriously affect that portion of our population who reside OuL- side ‘the towns dnd cities, ih these sec¬ tions, ihv, brittle «of burglary, arson and t'tlpe have .become -more frequent than in the years of disorder which followed tho civil war- The frequency of the offense of rape Was become alarmiing in the extreme, and seriously interferes with tine security and oomifort of living dn the country. There are new dn the penitentiary 78 convicts for assault to rape, and 81 for rape* Of all crimes known to our law these two are the most villainous-. Their fre¬ quency (has terrofliied the people residing iff rural districts, and so aroused their fettr gild resentment that it has been im- p^siblc 4n many of these cases to induce them to await the action of the courts. Since November 1, 1894, there have been ^ negroes lynched who were charged with rape and assault -with intent to rape, and one white man who was charg- with rape, In addition to these, there hUvC been seven negro moil, onfe negro Wom'an and cm ’ e White inah lynched who were charg- With other offenses. Total for three ^Cars 22, or a 'little more than 7 per year, These occurred in -the following counties: Appling, Clinch, Dooly, Habersham, Mon- roe ’ Montgomery, Muscogee, Talbot, Ool¬ Twiggs, Jasper, Calhoun and Bibb, U 1h tne duty of government to protect citizens, and to do all that can pos- s 'hly be done to prevent the commission °'f not only the offenses which Wave pro* voked the -people to resort to such a rep- f* henslM « remedy, but ^ offen8 l B - rtn<1 t0 suaranteo to every citizen charged with a crime a trial before an Impartial tribunal, as guaranteed by the constltu- tion. *00 ■' n * ho aisc usston of lynching, let It bo clearly understood thM It Is net a ques- as t0 whether or not those guilty of crime shall be punished, but whether or ^ot the innocent shall escape. Not a ques- tion as to whether the guilty shall bo PU nls hed, but whether or not the act of punishing shall multiply criminals, Ui a free government like ours there is 110 cxcuse lfor lynching. If there is evi- deuce to convict the courts will punish; if * her0 ls not , punishment should not be in¬ The courts of our state can be trusted to punish the guilty and protect our P r °perty, our persons, and the honor and virtue of our women, 1 am deeply concerned for a remedy for thls evil that we may save f r °hi guilt the men w ' ho en g a S e in it, and protect the in- n<)cent > w ho are too often sacrificed, TRIAL BY MOB. The mob is not a safe tribunal to justlj' determine any cause. Not long since in this state it is said f'.ihat a mob, w'hich had gathered, failed to take action because of a division ln their own ranks . . . one portion wishing to hang a man who had not been tried and the other, to liberate one who had been tried, heard in all the courts and sentenc¬ ed to be hanged for murder. The mob Judges without a full and com¬ plete bearing from both sides. I-ts iiifm- hers are not the most capable cf Judging. It whisky. decides How in passion and, too often, iti can it fail to make mis- takfs and sacrifice the lives of the Inno¬ cent? I fee! the more deeply upon this ques¬ tion because from the best Information I can secure, I believe that during my ad¬ ministration there have been in this state men lynched whowere not guilty of tne crimes with which -they were charged. How many, can never be for thefr tongues are hushed, and they are denied an opportunity to prove heir innocence. 1 am informed that one man, whom the mob believed to be guilty, was shot down. A question then arose as to his identity and he was salted down like a hog, shipped to the location of the •rime and found to be the wrong man—an innocent man. When an innOCCnt fnatl is lynched .for a crime it serves to protect the guilty. Tin members of the mob* their friends, and sympathizers seek to impress it upon the community -that the right ohe has been punished and the guilty goes unsought and unsuspected. Even during this year, evidence has come to light, showing that in several states victims of the mob have been innocent men. During my term of office one man, who was rescued from the mob, was accorded a trial which re¬ sulted in showing -that he was not guilty of the offense with which he was charged. Another fled from rho mob to the execu¬ tive office and fts-.eu for protection and a trial by jury. They Were given him, and it developed that he Was not guilty of the charge for tvhibh the fnob endeavored to take his life. To what extent this practice has been or will be used for purposes other than the alleged- reason given to the public, will never be known. In one instance, not long ago, it was stated and accred¬ ited that a man who had been charged with rape came near being lynched. When the truth became known it brought to light the fact that the purpose in preferring the charge was to have him lynched in order to suppress his evide-nci against parties i&w who had been violating the prohibition ; in another instance a man, charged With fin assault upon a woman, escaped the mob which was in pursuit and established the fact that the charge was made against him to de¬ feat the collection of a debt. Had the parties been lynched it is not probable that their guilt woiflfi have been ques- tioned. These tilings serve to emphasize the importance of adhering to law, and ol your so legislating as to suppress this evil, and guarantee to every one charged with crime a fair and impartial trial. Responsibility for jt he crime of lynch¬ ing rts'ts not only upon actors, but upon the community which shulrt its eyes tc the crime ancl permits and tolerates it, and upon legislators who refuse to enact laws td suppress itt It can anti triji be Stepped When the be t¬ ter element who deprecate mob law ag¬ gressively condemn and determine to sup¬ press the practice. It is no excuse to say that the north¬ ern people, who have less to provoke them to it, lynch. Let us not take them as a standard; civilisation but in .rather show a higher t-Vpb bt blit'-,sUtb, itiifl erect here a standard to which they may as- plre. LYNCH FOR WHAT CRIMES. Lynch law has not been restricted to cases where the charge was an outrage upon a female. In Texas a man was lynched simply to suppress his evidence; in Kentucky because he was objectionable to the neighborhood, and in Indiana five men were thfe lynched last for burglary. In our state, in three yetlrs, seven men have been lynched for murder, and one man and one woman because they were suspected of arson. WHEN CHARGE IS RAPE. Even had It been confined to offenses committed upon females It could not tic justified. To adopt it, in these cases, is to put the life of every power of any woman who might for any reason desire his death. When such crimes are charged the passion of the people 1 b more deeply stirred than by any other, and the mob is quick to act. Yet viewed froin the standpoint of Rea¬ son and not of passion, there is less ex- cuse for lynching - In such cases than in any other. Delay cannot be given as a reason, nor a fear that justice will be de¬ feated. At Montlcello and Columbus the men were taken out of the court room during the trial and lynched, In most cases they are taken from the custody of officers of the law, when 'they know that court will convene and give a speedy trial. For this offense, above all others, the courts fire quick to tty* find if guilty, the juries certain td convict. the It is not then that they fear delay or acquittal of the guilty, but It is a de¬ fiance of law. It is a desire to substi- tute passion for evidence and vengeanco for justice. There being no excuse to be found for fear of either delay or failure of justice, but one reason ls left, and that is the ob¬ jection to the outraged victim having to go into court and relate the horrible story. That this is a tbrtihie ordeal, every one must concede, but human life must be valued even above this trial. She would undergo this trial, not as a sacri¬ fice to the guilty, but to conform to the rules of law, which centuries of experi¬ ence have demonstrated to be absolutely essential for the protection of the inno¬ cent. The truth cannot be had save by having both sides heard before an im¬ partial tribunal. To remove this objection, however, our law provides that, oh sUch occasiohf?, t he judge may order thfe courtroom cleared of ail save the jurors and lawyers en¬ gaged in the case on trial. There Is, therefore, no justification nor excuse for a resort to lynching, even in 'this class of cases, when the defendant, ls charged with the most dastardly and horrible of crimes, No man doubts in t'hcse cases that the law will punish the guilty, and if he did, he could not find a remedy by making a murderer of himself. The remarkable (fact exists that in n. m;t- jority of instances the party lynched is taken from the custody of officers. I can understand how a near relative of the victim of the lust of a human brute who sees before 'him the man w»hom he be¬ lieves has committed the outrage, and In the heat of passion, slays him, can enlist the interest and sympathy of a commun¬ ity; but how any one can fail to condemn those who are guilty of the cowardly act of taking from the officers of the law a man who is disarmed and helpless, and hanging him without trial, surpasses my comprehension. EFFECT OF LYNCHING. Both capital and worthy Imigrantn seek places quent where occurrences law ls of supreme lynching and will the fre- ad- j , ' vert iso ours as a lawless state and as a half-civilized people. I It sacrifices the innocent, brings lav/ I Into disrepute, creates lawlessness, Im¬ I pedes material growth, and In the of ! eyes civilization all the w'orld and lowers degrades the the standard character of our j of , our people. This barbarous practice does not de¬ crease. but cnme ' H^ing . stained their v hands in blood, Its perpetra- f ors are more easily led to again violate law. Recently a man tried on the charge cf murder and convicted of shooting a citizen through t'he window, as he sat by his own hearthstone at night, confessed also that he it was who tied the rope around the necks of the two men who were lynched in Columbus in 189C I con- demn It and will not apologise for such lawlessness. To exterminate the practice it must be made odious and dangerous. The penalty should be the scorn of t'ho people and the punishment of the Taw. DUTY OF DEMOCRATS. There is no room for debate upon this question If tq h f rp is, there Is none for Democrats. With them the question is settled. Tfibro is bill, ofie position the members of that party can trike. In the campaign in which the members of this general assembly were elected, the Democratic party went to the people up¬ on a platform adopted by the state con¬ vention in which this declaration is found, to-wit: “Resolved. That we deplore and de¬ nounce lynchlngs and favor the en- actmeht df such laws as will effectually prevent the same,” I now ask the men who were elected upon this platform will to enact into law pro¬ visions requirements which in good faith meet the of this declaration. I do not believe that you will dally with this question, or pass laws which will he In¬ effectual. The Democratic party owes It to the people to live up to the pledges which it made to induce them to entrust it with power, or to come noldly to the front and admit that it wilfully and deliberate¬ ly deceived to secure votes, and is un¬ worthy the confidence of the people. Your actioh Is to determine whether or not this condemnation can be truthfully uttered. To be honest is iis jfntieh tile duty of a political party as an individual. Let the remedy which you apply be herditi and severe. THIS REMEDY, In murder cases the complaint Is that the eases can be too easily continued and justice unnecessarily delayed. I am not an advocate of hasty trials, but of prompt ones. No one should be rushed into a 'trial Involving his life when passion in the county where trial is to be had is at white heat and a fair trial impossible. The law should in all eases permit the court, oh motion of the defendant, or on its oWrt fnotlon; c.hdngb or on motion of state at¬ torney, -to the Vonfie to any county in the state. In determining Whether or not to order a change of venue, the judge should be authorized to exercise a very broad discretion and act upon all knowl¬ edge that lib might possess bearing upon the question, if, in his opinion, a change of venue is necessary to secure a fair and impartial jury, he should order the change, and this decision should not be reviewed by the supreme court. The au¬ thority of the circuit judge in such cases should be made plain and ample, and all doubt removed as to power of the su¬ preme court to review his decision. This change in our law, I believe, is the first step necessary to secure, In all cases, prompt and fair trials, Iti some instances it is difficult to se¬ cure ft tH.ti granting On account of the laws regu¬ lating the of don f in uitnees. This can be remedied by leaving to the trial judge the sole power to pass upon motions to continue, denying to the su¬ preme court the power to grant a new trial on account of alleged error in so doing. The llib circuit judge who knows the parties; bftsb; and its history, and has the witnesses cm the tjilestion before him, can better determine whether the motion Is made for delay only, and whether a fair trial and a just verdict can be had without further delay than the supreme court. Every practloneer knows that the right of continuance is the most abused of all rights granted by the law in court pro- Gedurei and In my opinion the circuit judge Will Correct the abuse if empower¬ ed to do so. The law which gives the defendant in ore peremptory strikes than the state should be so amended as to give each party the same number. Under the existing law power is given the defendant to object without cause to so many jurors that ho can, in mnnv cqsm, pack a jury in his own interest. I have heretofore recommended tb tnd general assembly, and again urge upon you, that the law be so amended as to punish assault with intent to rape with death unless the punishment be reduced upon the recommendation of the jury trying the case, just as it may be dono now when the charge is rape. Those who commit these offenses de¬ serve to bo punished under the same law. It lots beeti insisted by some that the way to stbji lynching 1.1 of to provide for the prompt punishment rill who com¬ mit the crimes which provpke it. Neither the law’s delay nor the failure of justice can be given as an excuse for lynching.*? in rape cases. In dealing with the offense Of rape in our courts there has been for the guilty no delay and no escape. Courts are promptly called, trials had, and justice quickly administered. In such cases the men whose names are in the jury boxes in Georgia can be relied upon to convict. The evil will exist for a long Lime, if not disturbed, Until public opinion Is ed¬ ucated to the point where the condemna¬ tion is sufficiently intense and ilmlnimoits to make it impossible. It is therefore necessary that without waiting for this slow process, the major¬ ity representing Jaw, order, justice and civilization, pass such legislation as will repress the lawless element and secure the reign of law, The certainty of prompt trials ttlOne will not end lynchlngs. The delay of the law is a favorite excuse, but jt is not the real reason for Its existence. Other legislation is needed to aid in checking it. The arresting officer Is now clothed with authority to take the life of the assail¬ ants when resisting their efforts to take a prisoner from his custody, and, and it Is his duty to take life if necessary to protect the prisoner and retain him in custody. This he should be required to do at the hazard of his own life, or tiro prisoner should be unshackled, armed and given an opportunity to defend himself. The knowledge on the part of the mob that this would be done would deter it from pursuing its lawless purpose, and the law would be permitted to protect the innocent and punish the guilty. That It may be ascertained whether or not this officer having the prisoner in cus¬ tody does his full duty in every Instance, I recommend the passage of a law re¬ quiring a thorough investigation in every case and providing adequate punishment when he falls short of the full measure of his duty in protectlriK his prisoner. When this ls done he -should be Ineligible to elec¬ tion or appointment to any office until his disabilities are removed by the general assembly. The administrator or family of a party taken from the custody of an -officer and killed should be authorized to recover from the county the full value of his life, which in no case should he less than $1,000. This provision will not only, by appealing to self-interests, make tho stronger influences in each community active In opposition to lynchlngs, but up¬ on principle, ls but doing Justice to the family of the victim. When the state takes charge of a prisoner it is its duty to protect him against all dangers save the penalty of the law Inflicted for tho „ lmo wlth whlch he cllar *„i, and for failure to do <so, it is just for damages to be paid. It cannot be seriously contend- ed that the state has a right to disarm a citizen charged wish crime, render him powerless to protect himself, and then surrender him to those who seek his lifo in violation of law, without justly incur- ring the obligation to pay damages there- for. THE CONVICT QUESTION. Tho governor’s message so far as it re¬ lates to the convict question has, been al¬ ready published in full tn The Journal. The governor holds that -the misdemea¬ nor convicts should remain under the con¬ trol ot the counties and that tho camps should be regularly Inspected by an officer of -the state. . - — ------- The governor reiterates h! s declaration made to the Democratic convention when he was nominated, that he would veto any bill re-establishing the present lease system. He opposes Working the convicts on the county roads. The governor proposes the creation of a commission which shall be in full control. He wants a tract of land on which the boys, women and men who are not able- bodied shall be maintained. Able-bodied convicts he wants hired out for a term of five years under control of the stale. Meanwhile lie would with the labor of the other convicts build a central penitentiary. The final disposition of the able-bodied convicts he would leave to be disposed c*f at the expiration of five years. The plan provides for a reformatory for boys and girls. The governor also recommends the crea¬ tion of a board of pardons and urges some law which will equalize the assessment of taxes. He also urges the return of $210 which Miss Ella M. Powell paid for the state of Georgia as (he state's share toward the Cowpens monument. FEVER RECORD IN MISSISSIPPI. State Hoard of Health Issues Its Usual Daily Report. The Mississippi board of health is¬ sued the following official statement Friday night: “Clinton, three new cases; Nitta Yuma, no new cases; Cayuga, two new cases; McHenry, one new ease ancl one death; Edwards, four new colored cases in town and three white cases in the country.” Iiiloxi, ten now cases, no deaths. Total cases to date, 576; total deaths to date, 25. MRS. 1,0 Mi STREET IS OPT. Resigns As Assistant Librarian—Her Suc¬ cessor Is Miss Jewett. Miss Susie Y. Jewett, assistant clerk in the educational department, lias been appointed to succeed Mrs. James Jjong,street, formerly Miss Ellen Dortch, as assistant state librarian. Mrs. Hongstreet’s intention to give Up the office lias been known since her recent marriage. She paid a visit to Atlanta a few days ago and tendered her resignation. The resignation was accepted and Miss Jewett was notified of her appointment. Mrs. Longstreet is now definitely out of the race and her support will probably go to Captain Milletlge, the present librarian. CHICAGO’S POLICE FIRED. Change Made In Order To Put Now Mon Under Civil Service, Chicago's chief of police issued an order Tuesday discharging appointing from tho fo.jce their 434 policemen, and in place a like number of mem¬ bers of tho “Star League,” who are democratic ex-policemen who had been discharged under tho previous republican administration. Jt is the biggest so-called “general order” issued since ex-Cliief Badenoch, republican, issued his famous order No. 13, in May, 1895, discharging 587 men. The changes were made in order to put the department under civil service. AFTER LOTTERY l'EOPLE. Agents of Hie “Honduras National” Will lie Prosecuted l»y Uncle Ham. The United Staton government thought it. had destroyed the Louis¬ iana State Lottery company, but it was mistaken. That, company under the name of tho Honduras National Lot¬ tery company has gradually regained possession of its old territory and now has its agents throughout the entire country. The faftts are now in the possession of the United States dis¬ trict attorney at New Orleans and when the federal grand jury is impan¬ eled they will be laid before it. TO I) EDI RATE MONUMENT. Fifteen Hundred I’ennHylvunla Troops Will Go to Ch.'ittunooipi. Adjutant General Stewart, of Penn¬ sylvania, will issue orders to fifteen hundred Pennsylvania soldiers for free transportation to Chattanooga and return, to attend tlie dedication on November J5tb of the Pennsylvania monuments on the Ghiekamauga bat¬ tlefield. Governor Hastings and staff will participate in the ceremonies, along with representatives of the national government battlefield commission. and the Pennsylvania FRESI DENT J A L AITOINTM ENTS, Collector of Customs at l’ensacola, Fla., Is Nhhip<1. The president Friday made the fol¬ lowing appointments: Henry H. Pritchett, of Missouri, su¬ perintendent of coast and geodetic survey. Mifflin AV. Gibbs, of Arkansas, con¬ sul of the United Btates at Tamataye, Madagascar. James B. Stillman, collector of cus¬ toms for the district of Pensacola, Fla.; Isaac N. Moffitt, collector of internal revenue for the district of New Jersey; Zoeth Houser, marshal of the United Btates for the district of Oregon. COTTON MEN COME SOUTH. NorUiejri Manufacturers to Make Inspec¬ tion of Southern Mills. About fifty members of the New England Cotton Manufacturers’ Asso¬ ciation, which has just .concluded its annual session at Philadelphia, arrived in Washington Friday and left at once for a tour of the southern mill districts. They go on invitation of the Southern railway. principal mill dis¬ Nearly all of the tricts will he visited, and the mtlls in¬ spected. Danville, Va., Greenesboro, Salisbury 'and Asheville, N. C., Spar¬ tanburg, Columbia and Greenville dis¬ trict ami nearly all the large mills in Bouth Carolina will be inspected, $1 PER .YEAR. DEATH RESULTS FROM A CONTEST ON THE GRIDIRON AT ATLANTA* OF TROLLEY CARS. Young Man Killed In the Wreck nnd Many Others Receive More or Less Serious Injuries. Tlie football game between the Vir* ginin nnd Georgia teams at Brisbino Park, Atlanta, Ga., Saturday resulted disastrously. One of the Georgia players, Richard Von Gammon, of Rome, received in¬ juries from which he died at the Grady hospital early Sunday morning. After the game was over, a trolley car, crowded with spectators of the contest, collided with an outgoing car from the city, resulting in the death of a yotttig man named Carlisle, and the probably fatal wounding of Motormnu Reeves. Many of the passengers on both ears were more or less seriously injured. Many of the passengers who were on the front platform saved their lives by jumping. The cars were almost re¬ duced to kindling wood. The reason young Carlisle was killed was because ho was standing in front of the car, close to the motorjnan. Ho was on the outgoing car. All the passengers were shaken up and quite a number of them eomplain- of being a little sore after the collis¬ ion. The two sad accidents cast a gloom over the entire city. This is the first serious accident that lias occurred in a football game in Atlanta in many years. The coroner’s jury licit! an inquest over young Carlisle Sunday and re¬ turned the following verdict: “We, the jury, impaneled and sworn by J. R. Stamps, coroner, to inquire into the death of William 11. Carlisle, here lying dead, do find from the evi¬ dence adduced that the deceased canto to his death from traumatic injury sus¬ tained in collision of cars Nos. 31 and 4(5, of Atlanta Railway Company, on Cooper street, near Woodward avonue, and said death was due to negligence of company.” Because of the shocking death of their comrade the university players are all bowed in grief. They have an¬ nounced that they wjll play no longer, nnd that they linve disbanded. Many of them declare tnat they will never play another game of football on any team or field. The tragedy, which 1ms never before been equaled in athletic games in Georgia, it seems almost certain will b^rthe end of the popular game in the state; certainly it will he the end of the gamo as it is played now, if the minds of the legislators do not change. SUNDAY’S FEVER REtORD. The Situation Seems to Ho More Hopeful at New Orleans. Sunday was an encouraging day in tlio yellow fever situation at. New Orleans, but it is feared that the heavy rain which lias fallen will have a bad effect on tlio patients and will cause many more new cases to be developed. Cold weather is expected to succeed the rain. Following is a list of fever eases and deaths reported for last Sunday. CITIES. 8f.W OASES, DEATHS. Montgomery...... 7 0 Highland Park,Ala, I (I New Orleans...... 35 5 Bay St. Louis..... 10 o Memphis......... 3 o Clint >11 ........... 2 0 McHenry......... 2 2 Scranton......... 11 0 Pascagoula....... 2 0 Biloxi........... 3 0 Mobile........... 11 0 Totals 87 7 LANDING “GRI D” IN ALASKA. Captain Kay Wires War Department at Washington of His His Work. A telegram was received at the war department at Washington Saturday from Captain Bay, dated at Yukon, September 17th, saying ho had landed six hundred tons of provisions there to be freighted by dogs to Circle City and HavvHOu when the river closes. GROVER HAS A SON And Kutli, Father and Marian are Fog- HCHHt'd of a Small Brother. A Princeton, N. J., dispatch states that a son and heir has been born to tho house of Cleveland. Tho young¬ ster came Thursday. Tho other children in the family ai j all girls Iluth, Esther and Marian. Esther was tho only child of a pres¬ ident ever born in the white house. Tho happy event announced will still further stimulate the lively inter¬ est of the public in the Cleveland fam¬ ily, and the intelligence will be hailed with pleasure all over the land, and wilt call forth many hearty congratu¬ lations and good wishes. DELK REWARD LS DUE. Atlanta Detectives Claim tho Money, But ' There Arc* Others.” The sentence of old man Delk to life imprisonment for complicity in tho murder of Blieriff Gwyn, of Piko county, causes the long held up re¬ ward to fail due to his captors. The money has already been claimed by Mehaffey, Detectives Looney, Hewitt and of Atlanta, but will not be paid until the question of other ciaim- ants is definitely disposed of.