The Augusta herald. (Augusta, Ga.) 1914-current, September 21, 1914, Home Edition, Page SIX, Image 6

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SIX AUGUSTA HERALD. Published Every Afternoon During (he Week and on Sunday Morning THE HERALD PUBLISHING CO. Entered at the Augueta Posiofflae a* Mall Matter ol the Second-clase SU B9CRIPTION RATES; Dally and Rnndsy, 1 year $6 00 Dally and Sunday, per week JJ Dally and Sunday, per month SU Sunday Herald. 1 year '•* PHONES: Businese Office 297 1 Want ad phone ’>« Society 2616 I Mansg’g Editor 7M Newa Room 299 ! Circulation 7» « FOREIGN REPRESENT AT IVB—The enlamln A Kentnnr Co.. 226 Fifth Ave, New York Cliy. 1218 People’s Oi a Build- In*; Adame St., and Michigan Blvd., Chicago. TRAVELING "REPRESENTATIVES-- .1 Kllnck and W. D. M Owe-a are the onlv authorized traveling representntlves for The Herald. Pap no money to oihare imleea thev can ahow written airthdrtty from Bualneaa Manager of Herald Pub- U*hln* Co. Addrw« comunlratton* 10 THE AUGUST a HERALD. 7s& Broad fit.. Augruata, Ga. No communion i‘>n will be pubtiehed in The Herald uni**** the name of the writer l* aljpird io the ertlola. ' The Augiia a l 1.-ald'hae~a larger city circulation, and a larger total circula tion than any other Augusta paper. Tble haa haen protean by the Audit Co., of New York. _____ The Flsraid "outrantrea Advertiser. SO per cent, more Heme Carrier Cliy Clr culatlo.l In Augiiela than le given by any other Augueia paper. Thla guarantee will be written In every contract and The Herald will be ready end willing at all tlmea to give full ac . »ea to lie reiorda to all adverllaara who wfeh to tea- the accuracy of this guarantee In comparison with the clalrna of other Atigneiii newapapere _ THE WEATHER Augueta and Vicinity. Fau lonlght and Tuesday For aorgla Pair tonight and Tueeduy Cemparatlve Data. September 21. 1014. Highest temperature record, 94 In 1896. Lowest temperature record, 66 In 1897. Lowest thla morning, 66 Precipitation yesterday, 0, normal .le. Savannah River. River at age at 8 a. m *7 fowl Rise In 2 Ihoura ending 8 a. m., 9.8 E. It KMIOH, Local Korecaatnr. IS THERE NO LAW TO PROTECT THE PUBLIC AGAINBT A CER TAIN CLASS OF CROOKED LAWYERS. An 10 the recent •eurrtlouw curd <>l three Atlanta lawyer*, who have been active In litigation. the evident l>ur pnae and the Inevitable reanlt of which. If persisted In. would be t,> wreck the Umpire Mfe tMuranre Company, a Georgia company, In which many Au auatana and many thousand* of other Georg a-na are atockholdera and policy holders, the Herald baa thl* to say The editor of The Herald will not indulge In a war of bllllnK*K««e and ahuae throuah the public preas with Menem Albert Howell, Jr., W. Carroll t.at lnter, and Charles T. Ilopkin* a content In which any coatermonger I* certainly their equal If not their su perior As to their professional record and ret ent activities >n the courts, as It has re» entiy effected thousands of Geor ■tans, these ere nnittera of public tec ord and of legitimate public commert'. It la a public record that affects the ■mall aavlng* of thousands of Geor glans It le a puhllr and professional ! record that affects the hopes and pos , ■thly the future comfort of thousands i of Georgia women and children, of meny wage- earners as well as Inves tors throughout Georgia. When the bill of these attorneye for a receiver against this company,—the most damaging, dangerous and dra*- t>. proceeding thet could have been Hied end which should never be filed aa\ e a* a tael resort and on strong grounds,—was dismissed, snd when the company ao attacked by them wo i gtH-h a sweeping victory In the well considered opinion of Ihe presiding Judge, the public, the stockholders and the poMcyholders. naturally thought this would have ended the matter. However, on top of this, another at tack was brought by ihfse attorneye before the Insurant e Board When an afidavtt from their client in this case was presented at the hearing, demand ing that this action be dismissed and declaring that Ibis client had been mis led by the misrepresentation of attor neys, the public, Ihe stockholders and sh. pulley holders age In lied a right to think that an end had been finally Benched of what seewod to tie baseless attacks and of legaF persecution of a Georgia company- a company that was making good and which would abtind antly make good It It was given a chance. The Herald contend* that If there Is no law that can be Invoked to stop legal attack* however baseless and un founded they may turn out, against •uch corporations an banka, trust com panies and insurance companies. It l< Inevitable that eventually such meth ods, If persisted to. will wreck these com panlee. however strong and sol vent they may be. The public demand le strong and growing stronger that adequate protection should he afforded Southern insurance companies from •uch attacks The Herald contend* further that criminal proceedings, as well as civil proceedings should lie In such case* where the facte Justify them. Dam age* cannot always he adequately as sessed or collected Hut the criminal law that Is fearlessly enforced against the rich ss well as the poor, ns against the attorney a* well a* the client brings wholesome respect for the law In any community. If the plainUrf in this case, as his affidavit states, de manded the withdrawal of thl* eult <»n the ground that he had been misled hi the misrepresentation of attornei*. there ought t" he some law that t* II reach and convict the attorneys guilty of such practices If such a lew is Bot OB the statute hook* of Georgia one ought to he. end the sooner the better. The fact that Messrs Howell, Latimer and Hopkins are the attorneys In this case Is a mere incident to the principle involved They, as well as all ether attorneye, should be Judged by the law and the facts People who apply the law. should tie the first tie recognise the Justice of the law when applied to their own conduct. We never heard yet of abuse and billing*- gate being a good legal defense II doesn't save the petty thief, the hank looter, the masked highwayman, or the INDOOR SPORTS - - - By Tad \ f (TKATX A'-'-V ,]• I : Hi .; I |j|]!,| f thatt the A 1 ) -«rHT JO* >|| i ! | x y — —U-uU | j hi'jj FIRST GLAiS' V ( I i \ fTVMAS AV 1 s ' ! '% 11 (■TtfATS VWM«T-) W'l rviE OflOppST/ _ 77^— E) midnight nssassln. when confronted with the law and the fHcta and when the Jury bring* In a verdict. The public demands a law to pra ted the public against baseless and ceasele** suit* One of the most effi cient way* to atop thin 4* by dlslmr menl proceeding* and criminal pro ceeding* against attorney* guilty of such practice*. The Herald ha* no desire to try any case out of court or In the newspapers. We have no de*lre or Inclination and would not Influence if we could 4n the Klighteat way. the rendering of a righteous Judgment, whoever It favor ed, In such a case. But whin a capable judge of the Superior Court dismissed a bill brought by lhe*e attorney* ugainst this com pany and when another client of these METHODS OF CERTAIN ATLANTA ATTORNEYS ARE SHOWN UP Earl F. Chandler Claims He Was Misrepresented and De mands Withdrawal of Case. Startling Information as to How These Lawyers Are Trying to Wreck a Georgia Life Insurance Company. ■ i The Hcraldl presenp* below Ihe affidavit of Karl F. Chandler, the plaintiff In the petition for receiver for the Empire Life Insurance Company, filed before the Insurance Board of Georgia, in which Chand ler demands that Albert Howell, Jr., et al„ Atlanta attorneys, withdraw the petition filed In his name for a receiver, on the grounds that he has been grossly misrepresented by them. This affidavit gives startling Information as to the methods of these lawyers In their efforts to wreck a Georgia life insurance company. That Ihe bar association of Georgia should take steps to disbar law yers guilty of such practices has already been urged by this paper—and such men should he handled in the criminal courts of the state. The method* of some of these Atlanta lawyers engaged in the effort to try to wreck the Kmpire Life was denounced by leaning attorneys of the state whille the case was being tried before Judge Ellis, of the superior court of Fulton County. THE AFFIDAVIT. The following I* the Chandler affidavit and Its publication In full will no doubt produce a profound sensation: STATE OF GEORGIA, COUNTY OF FULTON. SUPERIOR COURT, KARL F. CHANDLER. Plaintiff, SEPTEMBER TERM vs AFFIDAVIT. THE EMPIRE LIFE INSURANCE COMPANY. Defendant, STATE OF SOUTH CAROLINA. COUNTY OF CHEROKEE. Personally comes before me, Earl F. Chandler, who being duly aworn •ays: I am now employed by The Murray Company of Atlanta, Ga„ and Dallas, Te*., and at Ihe present time am located at work on a Job with the Farmers Oil Mill of Gaffney, A, C. Believing that I have been, through misrepresentation, used as a tool by pertain parties and interests', a* wilt further appear In thia affidavit, and am still being used as such, I desire to make this affidavit in order, so far as In my power, to rectify what I sincerely believe, after due consideration of both sides of the question Involved, to have been md still is an Injustice to myself and to The Empire Life Insurance Company. This affidavit Is made without coercion and entirely on my own volition, and tny only motive Is to do Justice where I believe injustice has been done. Through the Influence of a third person, whom 1 have every reason to believe was prompted by Madison Bell, Esq . an attorney of Atlanta, Ga,, I was persuaded to go to aee the said attorney. 1 can furnish the name of the person bringing the Information to me If neceaaary. Through this information 1 understood that The Empire Life Insurance Company I waa Involved In litigation and that It would he to tny Interest to consult ttie concerning the s#td rumors as to its condition. M.v purpose In going to he said attorney was not to involve the said com pany In litigation, but simply to consult with the said attorney as a protection to tn.vaelf and tny tnteresna because of the fact that 1 held a policy with the said company, “TURN MATTER OVER TO HIM." When I called on Mr Bell for Information, lie told me that there was no doubt about the fact that The Empire Life Insurance Com many whs j go.ng to he thrown Into bankruptcy; he also slated that the said company was being conducted along crooked lines, and he insisted that in order to protect my Interests, t had best at once turn the whole matter over to him and let him handle 1! for me He intimated to me that he In all probability, would he appointed a* receiver for the said company. I atatel to the attorney that l did not wish to take any action in a legal way j against the company and he left the Impression on me that no action would he brought in which 1 was Involved. He told me that in the event Judge Brown won his case against The Empire Life Insurance Company, j that ni\ Interest would flrat he taken care of along with Judge Brown's, lie also told me that later on there would he plenty of work In connec tion with the matter which would give me an opportunity to make some money. I stated to him that l did not care to have any such connection with the business 1 left Sir. Bell with the understanding that 1 would later go with him to the office of Mr. Albert Howell, Jr., for what pur* j |>«ee | did not know at that time The above conversation took place about the tat day of July, 1914. A day or so later, we went together to Mr, Howell's office. Imtne ! dtately Mr Howell produced a lengthy twpewrltten document Mr. Howell read thl* document to me At no time did I touch the document or read It mjself. During the reading of tke document. Mr Howell asked me sev eral time* when certain statements were made a* to shady or crooked I transactions of the said company set forth In the said petition. If I knew j that The Empire Life tnanrance Company was guilty of those things I slated emphatically that 1 did not. Not knowing the condition of the said company and relying entirely on the etatdmmis of these attorneys, l finally signed the document at their Instigation. 1 stated at the time that t did not like to do this, but they Insisted and assured me hywas simply doing it to protect myself snd also attorney* In an affidavit which was offered as part of the record on a second proceeding, demanded that tha proceedings he dismissed and declared he had been misled by misrepresenta tion of attorneys In bringing the pro ceedings, The Herald thinks it is high time to call for protection to stock holders, policyholders and the public, from all such seemingly ceaseless and unfounded litigation, where so many innocent people are affected and whose savings are jeopardised. The law can not he made too strong to cover tills point nor too searching in the effort to reach and to punish parties guilty of such practices. To wreck this com pany by ceaseless and unfounded litl gution will be a crime and It will he a crime that will not soon, be forgotten in Georgia. fHE AUGUSTA HERALD, AUGUSTA, GA. assured me that I would not he used in any connection in litigation against the said company. DIDN’T KNOW THEIR PURPOSE. At this time they assured me that I was just one of many policy holders whose interests they were looking after In the same way. At this juncture they cited as one of these Mr. C. P. Byrd, who they said had turned over to them a SIO,OOO policy to handle in the same manner. Right here I want to emphasize the fact that I was absolutely ignorant of the way that these attorneys intended to use this document which I had signed, and if I had known their purpose, I would never have signed the said document nor had anything further to do with the matter, or with these attorneys I further want to state that Madison Bell assured me that there would be no cost whatever to me for him to handle this matter but that he would get his fees from the Bankruptcy Court. A day or two later 1 left Atlanta, not having in the meantime seen or heard from the said attorneys directly or indirectly, nor have I heard from them directly or indirectly since. Later on much to my surprise I learned through the newspapers the way in which my interests were being handled. At no time have I ever had. nor have I now any grievance against The Empire Life Insurance Company which would warrant any such pro ceedings. It Is my desire and I do hereby authorize and demand that the said attorneys hAve dismissed at once any and all proceedings brought by the said atorneys who have so misrepresented me, either before the Superior Court or the Insurance Commission of the State of Georgia. (Signed) EARL F. CHANDLER. Sworn to before me this 9th day of September, A. D. 1914. (SEAL) K. A. DOBSON; Notary Public, S. C. My commission expires at the will of the Governor of S. C. ATTORNEYS WHO DISGRACE THE PROFESSION OF LAW. The Herald has had many requests, some coming front distant points, for the paper containing the editorial commenting on Ihe conduct of At lanta attorneys who have been active In suits against the Empire Life In surance Company, We reproduce name In this issue jjlong with the af fidavit of their client. If this affi davit and the conduct of these attor neys does not make a ease for both criminal proceedings and for disbar ment proceedings under the lay, then the public has no protection from this class of "vultures," as they are term ed. The sooner the law reaches this class of crooks, the better for society. The editorial in question follows: BLACKMAILING A GEORGIA INSURANCE COMPANY. (Editorial Augusta Herald, September 14th). The lawyer’s suit filed by At lanta lawyers asking for a re ceiver of the Empire Life Insur ance Company was dismissed, as everyone confidently expected. It was a baseless attack upon a Georgia company, and evidently Inspired either by malice or the hope of large fees. As soon as this suit was out of MAKE DREAMS REALITIES I>VERY man has dreamed of the great things he could do “if he only had the chance.” Now he is likely to have the chance. World wars have made America an Island of Peace and Plenty. We have become the commercial center and the financial center over night. We must feed and clothe and comfort Europe, Asia. Africa and South Amer ica. We must delve and dig. plough and reap, weave and spin. The gold of the world will flow our \yay to pay for our products. Never was there such opportunity for individual and collective enterprise. Make YOUR Dreams Come TRUE the way, practically the same set of attorneys filed another proceed ing before the insurance commis sioner. The sole policyholder pressing this latter suit before the insurance commissioner was Earl F. Chandler of Atlanta, and it is refreshing to hear what Earl now says In an affidavit signed by him and presented to the insurance commissioner. “Believing that I have been, through misrepresentation, used as a tool by certain parties I de sire to make this affidavit in order to rectify what l believe to be an injustice to the company. It is my desire and I hereby demand that these attorneys have dis missed at once any proceedings brought by the said attorneys who have so misrepresented me either in the superior court or before the insurance commissioner.” Let us hope that the bar asso ciation of the state will take steps to disbar these Atlanta attorneys from the practice of the profession and that the company which they have tried so hard and so unfairly to wreck may he able to find the law to start both criminal and damage proceedings against these attorneys. The policyholders, the stock- Never before was our hat business as large as during the past week. We have just the right shapes in the right colorings and at the right prices. , You may see hats something like ours, but you’ll note that the Dorr Hat is harmonious in style and color combina tion. $3. $3.50. $5. DORR Good-Taste Apparel holders and the public have stood loyally behind the Empire Life all during this legal persecution and they will be glad to learn that even the client whose name has been used has disavowed and spurned the attorneys who have been responsible for them. BASEBALL WEATHER American League. All Clear. Washington at Chicago. Philadelphia at Cleveland. New York at St. Louis. Boston at Detroit. National League. All Clear. Chicago at New York. Pittsburg at Boston. St. Louis at Philadelphia, Cincinnati at Brooklyn. Federal League. All Clear. Chicago at Baltimore. St. Louis at Pittsburg. Indianapolis at Buffalo. Kansas City at Brooklyn. Colic and Diarrhoea Cured. No one who has used the prepara tion will doubt the statement of Mrs. Jennie Brown, Logansport, lnd., who writes, "Chamberlain’s Colic, Cholera and Diarrhoea Remedy has been used by members of my family and myself for the past twenty years. For cramps and summer complaint it cannot be beat." For sale by all Dealers. SCHOOL BOOKS NEW AND SECOND HAND. Old Books taken in Exchange for New Ones. fiuy Pads, Pencils, Ink and Pens as adopted by the school* We have Them All. School Books sold for CASH Only. r \ Richards Stationery Company VANTINE’S Wisteria Toilet Water . .SI.OO VANTINE’S Violet Toilet Water 75c We are the agents for all of Vantine’s Toilet Requisites. GARDELLE'S WarJ Map Coupon Latest European War Map Given by THE HERALD to every reader presenting thl* COUPON and 10 osnts to now promotion expenses. BY MAIL—In city ,r euttld*. for 12c. Sumps, cash or money order. This Is the BIGGEST VALUE EVER OFFERED Latest 1914 M^aSTStakSttei’aHsr 1 «« eoloreJ—PortriUts of 16 Europe™ Rul ers, all statistics snd ear data.—Army, Naval and Aerial Strensrth Populations, Area. Capitals, Distance, between Cities Histories of Nations Involved Previous Decisive Kettle* Hletiry Hague SS?™;fT.""h -if 1 ”” 1 c-i" ™»> BrffS Kg,S-;s EV'S; THE AUGUSTA HERALD JNDAY, SEPTEMBER 21 AUGUSTA HERALD. August Circulation, Dally and Sunday Herald. The circulation of -he Dally and Sun day Herald for the month of August, 19i4, was as follows: 1 T2,"032~17 17.F1D 2 15,010 18 12,105 3 11,802 19 12,535 4 12,404 20 12.598 5 13,022 21 12.790 6 14,865 22 13,0115 7 13,043 23 14,835 8..- 16,441 13,605 9 14.905 25 12,745 10 18,918 -6 12."40 11 18.685 27 L.-'B; 12 18.711 28 12.835 13 18,834 29 13 075 14 18.763 30 11.3 M 15 17.702 31 13,0 / f 16 11,635 ___________ Total August Dally Average « ...14,320 The Augusta Herald, Oally and Sun day, has a circulation In August;, ap proximately twice as large as that O# any other Augusta newspaper. Adver tisers and agencies Invited to test the accuracy of these figures in comparison with the claims of any other Augusta newspaper. FORD IS THE CAR The Wife and Boys and Girls can drive as well as the men. See Lombard. Going to Build? If so, get the right ma terial and right price. Lumber orders for rough or finished stock. Mill work or estimates are all carefully supervised by officers of this company, and you can make no mis take in sending the busi ness here. SASH, DOORS,BLINDS, SCREENS,MILL WORK Let us know your wants by mail or telephone and we will do the rest. The Perkins Manufacturing Co. Phone No. 3. 620 13th St.