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TWO Flanders Baffle, Month Old Today, Still Deadlock Terrific Fighting and Thousands of Lives Taken, Yet Virtually Same Positions As When First Shot Fired C»**4on (8:15 p. m.) —The battle o! Flanders, which was brought about bj the German attempt to advance te Dunkirk end Falsi*, on the northern coast of France, commented Just four week* age Saturday, and despite ter rifle fighting and the sacrifice of thou sands of lives the two armte* etlll hold virtually the name position* a» When the first idiot was fired. Ae Far At Niauport. After taking Antwerp and < intend th« German forces proceeded with Ht tie or no opposition as far as Nleuport on the Tser canal Here they found against them the reformed Belgian •rrny as well as an enfilading fire from British monitors and they were unatde to make progress. Floods then aompleted the discomfiture of the In vaders and they commenced an effort to break through the allied line be tween Dlxmuds and Ypres. Are Back Again. The Germans have had one or two minor—sometimes only tnmporarlly •ueceases. such as the crossing of the canal and the capture of Dlxmudo, but Cow. according to official and other reports, while they hold a part of Idx li.udr, they are hack on the east side Of the canal and again have slack ’sued their attacks. The weather, which has been stormy with heavy rains, says the statement l Of the German general army head quarters, has disturbed their opera tions. Driving Rain. This may well he true, for people who have arrived from ncrosa tho English Channel during the past few days say a high wind has been driv ing the rain across the open spaces, filling the trenches and making It next RUSSIANS SURGE IN EAST PRUSSIA Enveloping Movement Has Now Surrounded Emperor Wil liam’s Favorite Province—Further South, Pushing on to Cracow—Both Turk and Muscovite Claim Successes in the Caucasus London, 8:20 p, m.—The Russian*, continuing thflr enveloping usnvement ground East Prussia, have now enter ed Rypln, whloh Is wnt of Soldau and on 1 the road to Thorn, so that they have now almost surrovinded Kmimror 'William's northwestern and favorite province. Just southwest of Rypln, however, the Germans have taken the offensive from Thorn nnd claim to have Inflict ed a defeat on the Russians near Wloclawek, on the Vistula river. Behind the Warts. The Germans, alter all, soem to have decided to make a stand behind the Warta river In Russian Poland for the Russians announce that there have been engagements with the German advance iruard between that river and the Vistula It may be, however, that the moat of the German army has re tired to the borders of Rllesta and these i ngsgemeuts wore Intended only to delay the Russian advance. Further south the Russians continue to push on to the Austrian fortresa of Cracow, which Is defended by Austrian troops under German officer*. Beth Claim Gains. Fighting continues In tha Caucasus between the Russians and the Turks, but wHh what results is not known, as both governments unnounco vic tories. RUSSIAN MACE IS CONSIDERED ABOVE AEEIES ( * ? 'Observers Think That Ger many, With Muscovite on One Side and Armies of Three Nations on Other, to Change Tactics. London, 2:30 p. m.~The slackening of the Teutonic offensive In the weal •a noted In jrwterdfty’a official re ports from the allies headquarter* is regarded here as due to the fact that Germany la obliged to maintain battle fronts so far apart as Hast Prussia and the North Sea. Alternately Thrown Across, from east to west and from west to •aot. huge bodies of German troops have been alternately thrown across the Intervening thousand miles to counter anything In the nature of a positive success gained at either end and Germany's superiority in num bers In the earlier stages of the war made progress of her forces easy and i effective. Effectiveness Lost. Military oh serrate here, however, take the view that Russia on one aide BUSINESS AUGUSTA IS AT HOME TO HER OWN CITIZENS ALL THIS WEEK to Impossible for the men to protect themselves. In spite of the unfavorable condi tions both have been making charges and both claim to have met with some success. The Germans again report the capture of a number of prisoners and also tliat they have repulsed the Hrltlah and French attacks. For One KUonjeter. Tile French, who do not record the capture of the prisoners or their own losses, likewise claim they have re pulsed the German attacks and made progress. Their advance of Blxschoote, which reached the almost unprecedent ed distance of one kilometer (3,280 feet), for In this battle and advance Is measured In yards and not In miles -seems to have been Important for If It continues, military observers say, It should relieve the pressure on both Dlxmude and Ypres, on either side of that town. 0 Claims By Both. From the Franco Belgian border as far ns the French fortress of Verdun the Germans have resumed their ac tivity and as usual both German and French official accounts claim suc cesses. While the eyes of the world have been on the battle near tho North sea coast there has been fierce fighting farther Inland and the Aisne valley, tho Argonne forest and the vicinity of Ver dun again have been scenes of san guinary clashes. Neither side, how ever. has made un Impression on the other since the flertnnna won the.lr victory at Vatlly, the fruits of which, however, they since have lost. Far ther east winter lias set In and the mountains where the troops are fac ing each other aer now covered with snow. Turkey has Issued a statement through Rome placing the blame for the war between the British and Otto man empires on England who, she s*ys, complains of Turkey’s acquisi tion of the German cruisers Goeben and Breslau nnd does not mention anything of her aetsur* of two Turkish battleships which were building In England at the outbreak of the war. Turkey in Egypt, Turkey also charges that England did all she could to wreck Turkey and that the British guarantee of Integ rity could not be regarded seriously, because of her occupation of Egypt. Turkey’s threat to preach a holy wnr Is a cause of uneasiness In Germany as well ns In England and France, dose observers of the political situa tion point out. because of its possible effect on Italy. To Remain Calm. Ro far as Egypt Is concerned the danger mark seems to have passed, us the chiefs of the Ulema, composed of the leading moalem religious socie ties. have Issued a proclamation urg ing tlie moslems to r«maln calm, while the sheiks Iti tlie Sudan have refrain ed from taking action regarding Tur key's proclamation of war on the al lies. and the armies of three nations on the other side now having had time In which to mobilize their forces more fully, the effectiveness of this process of shifting largo bodies from one theater to the other la no longer so pronounced and that any thinning of the German line on either side must mean hereafter at least a temporary assumption of the offensive by the allies. With th* Allies. For the moment, Berlin, according to English optnon, appears to regard the Russian menace ns of paramount Importance nnd the transfer of troops to that front has Its repercussion on the Belgian battlefield The intlmnttona of the official re ports, however, are considered here as more promising from the alllnjg point of view and there Is a disposi tion to think that the turning point may be reached, whloh will open n new phase of the long drawn battle. VILLA'S AGENTS WANT AMERICANS TO STAY* V«r« Crui,—Vehement ppotestg have prepared by General Villa's agent n to send to their chief ngatnat th* withdrawal of American troop*. They alUito that they cannot sanction evacua tlon now, since that meant turning over tha port to a man whom they have de cUrtd a rebel The flrat brush between supporters of Villa an dthotf of Oatranan hae oc curred weet of Tampico, but le said to have been of email consequence. BROOKLYN NOT ON MARKET. Ntw York. -4'harlee 11. Rblteta. owner of ihe Brooklyn National League base ball club, returned tonight from Omaha and lamed a statement denying em l hat lan 1 y that hla club te In t s t market. One ol the 14-in. Siege Guns Used by French Artillery on Right Wing /P- - Z ' T**v* '»«. ■■■■ - ''' l—■'—j ■ ; 1 'ijjyur • ‘Good Day’ Is French Official Two Attacks of Enemy Report ed Repulsed in North France. U. S. Ambassador Herrick Visiting German Prisoners. Paris, 10i40 p. m.—The following of ficial communication was Issued Sat urday night by the French war office: "From tho sea to the north of Lille the day has been good. Two attacks by the enemy, one to the northeast of Zonnebeke, the other to the south of Ypres, have been repulsed—the lat ter with ehavy losses to the Germans “Between the canal of La Basse and Arras, and In the region of Lipons the enemy has made two attempts with out result. "There Is nothing else to report, "ivt. I'olo L>e Bernarbe, the Spanish ambassador at Berlin and In charge of the French Interests, having been au thorised to v left a camp of prisoners of war In Germany, the minister of war has, by a reciprocal measure, author ized Myron T. Herrick, the American ambassador In Prance, to visit all the prisoners’ camps where Germans are detained In French territory. Mr Herrick has begun these visits this week.” ‘ Progress' is German Claim \ Invader* Attacks Impeded By Stormy Weather, is Berlin Report---Many French Pris oners Taken. Berlin, by wireless to London, 3:28 P. m.—Military headquarters today gave out an official announcement as follows! "The fighting In Western Flanders continues Our attacks during the past few days have been Impeded til ths rain and stormy weather and are therefore proceeding slowly. South of Ypres we have taken 700 prisoners. Attacks Repulsed. ~Th Rrltleh attacks to the west of Utile have been repulsed. At Rerry- Au-Bac we compelled the French to evacuate a commanding position. “Onr attack In the forest of Argonne has made good progress. Here the French again suffered heavy losses, leaving more than 150 prisoners in our hands. 2,000 Prisoner*. "The fighting continues In East Prussia and at Stallepcen we took 600 Russian prlslners. No decision has yet been reached at Soldau. "In the district of Vlaclawec, a Rus sian army corps has beer, repulsed and 1,500 prisoners and IS machine guns fell Into onr hands. PRESIDENT SIGNS PASSPORT ORDER Washington.—N>w rules to halk at tempts by foreign secret agents to ob tain American passports for use abroad were In effect today through an order signed by President Wilson An announcement by the state depart ment outlining the new regulations said the dcjvartment recently had been Informed "of several cases In which aliens holding themselves out ss na tive American cltlaens have obtained or attempted to obtain American pass ports for purposes of espionage or otherwise In foreign countries” THE AUGUSTA HERALD, AUGUSTA, GA. SI EXPLOSION’S FLASH AS MIGHTY BATTLESHIP SANK After Transferral of the British Dreadnought Audacious Crew, the Rescue Ships Stood By Until Terrific Blast Sent War ship, Stern First, Down—Secrecy Enjoined on All, Pending Investigation—Most Serious Single Loss to English Navy Nsw York.—Confirming the report of the sinking of the British super dreadnaught Audacious off the coast of Ireland, the following details of the disaster are given: Following the transferral of the of ficers and crew to the White Star liner Olympic, the battleship had a de cided list at the stern where, Just be low the water-line, she had received her wound. Taken Off. Two of her engines were unharmed. But the one aft was put out of com mission. After taking all the officers and crew, who would leave, on the cruiser Liverpool and several other warships which had come up late In the afternoon It was decided to aban don the Audacious, and the officers and men who had remained aboard re luctantly left her. The flotilla of rescue ships contin ued to Htand by, however, until 9 o'clock that evening, whe na terrific explosion occifrred on hoard and the Audacious plunged stern first and In a moment had disappeared. The ex plosion Is supposed to have been caus ed by shells let loose by the listing of the battleship. A hit of armor plate, torn from the sinking ship struck the deck of the Liverpool, killing a gun ner. SAYS BRITISH BLOCKADE IS INEFFECTIVE Sinking of Gunboat Niger Proof, Declares Germans. German Report Charges Rus sians With Cruelty. Berlin, vis wireless delayed.—lt Is declared officially In Berlin today that the sinking of the British gunboat Ni ger off Beal. Is proof that the British blockade Is no protection against Ger man submarines. Other Information handed officially to the press Is as follows: "Russian troops brutally dTagged away the German residents of a Per sian town, and maltreated and clubbed the women and children. "Previous to the fall of Antwerp the Rrttlsh forces destroyed and robbed private property belonging to Relglans and neutral firms and did damage amounting to over 200,000,000 .'rancs ($40,000,0001. "It Is reported here from Holland that the Belgian troops are so depress ed by the German victory at Dlxmude that the British commanders no longer will permit them to fight os separate units." “CALIFORNIA,” FIRST ELECTRICALLY DRIVEN WARSHIP TO BE BUILT Washington—The super-dread-naught California, one of the three huge now ships Just ordered for Vncle Sam's navy, will be driven by electric motors. Secretary Daniels authorised this type of power plant for ths big fight today. If It proves as great a success In the battleship as It has In the naval collier Jupiter navy officers foresee the complete displacement of direct steam drive In future American warships. The California will he the first electrically-driven warship to be built for nnv power. The decision to install the new system was arrived at only after exhaustive study of the performance of the Jupiter. As In the Jupiter, the main power plant of the California will be steam turbines driving dynamos which will generate electricity to give the ship a speed of at least twenty-one knots. A big fuel saving has resulted and also a reduction in weight from the use of electricity as the collier's motive pow er. Saw the Flash. The Audacious met her fate 25 miles off the Irish coast, which the Olympic was skirting. The liner sailed from New York for Glasgow on Oct. 12. The Olympic’s passengers saw the flash of the explosion and watched the mighty warrior sink. Then their ship turned her prow toward Lough Swiliy. An immediate investigation of the loss of the battleship was ordered. Charles M. Schwab was the only passenger who left the Olympic before it docket at Belfast on Nov. 2. Secrecy Eenjoined. The Olympic carried about 200 pas sengers. Nearly 100 of these were English reservists. All passengers other than British were denied pass age from Belfast to Liverpool and were compelled to go to Dublin, which Is an open port, to take boats for Eng land. Secrecy regarding the loss of Audacious was enjoined upon the crew and passengers of the Olympic, who were urged to refrain from discussing the naval tragedy which they had wit nessed, pending a complete investiga tion. The destruction of the Audacious is the most serious single loss sustained by the British navy since the opening of hostilities. Only a few British war ships outrank her In size and fight ing equipment. INCOME TAX DECISION BY TREASURY DEP T Washington.—Dividends from the net earnings or established surplus cre ated from net earnings of any concern are vested in the stockholders when declared and must be accounted for In that individual's return for the year when they are due and payable, ac cording to an income tax decision an nounced tonight by the treasury de partment. Such dividends must be in cluded In the returns of all individuals whose Incomes make them taxable and must be Included also in the gross In come of the corporation. MEET IN ASHEVILLE. 6 Birmingham, At*.—The Southern Tex tile Association today selected Asheville, N. C., for the summer meeting In June and Greenville, S. C., for the fall meet ing In November next year. The final session today was devoted largely to papers on subjects of special Interest to cotton mill men. The visitors attend ed the Auburn-VandeYbllt football game thla afternoon. VIRGINIA BEAT SWATHMORE. Swarhmors, Pa.—The University of Virginia easily defeated Swarthmore at football here today, 47 to 0. The South ern team literally tore through Swarth more and scc»ed almost at will. Virginia started the score earlv, cross ing Swarthmore's goal line after the first five minutes of play and followed It up with touchdown after touchdown. Get your Suit from F. G. Margins—- 25 per cent off for cash—sll.2s to $22.50. LEO FRANK, FOR 6TH TIME, FAILS IN LIFE EFFORT > The Supreme Court of Georgia Saturday Refused Annulment of Death Sentence For Murder’ of Mary Phagan—Prisoner Received the News Calmly—Attempt Will Now Be Made to Take Case to the Supreme Court of United States Atlanta, Ga. —Annullment of the sentence pronounced on Leo M. Frank for the murder of 14 year old Mary Phagan tvas refused here today by the supreme court of Georgia. It was the sixth time that legal efforts in Frank’s behalf had failed. Hope of saving the life of Frank, former superintendent of the National Pencil Company here, now rests In a possible appeal to the supreme court of the United States, or an appeal to the governor of Georgia to exercise clem ency. His counsel said late today that an Immediate attempt would bo made to take the case to the federal supreme court. Based on Absence. The motion to set aside the verdict of guilty was based upon Frank’s ab sence from the courtroom when it was returned by the Jury. It was held that the defendant’s absence constituted a violation of his constitutional rights. Frank's absence was suggested by Judge L. S. Roan, who presided at the trial. He informed the attorneys for both the state and the defendant that he feared a demonstration against the accused if a verdict of acquittal were returned with Frank In the court room. Counsel for Frank with one except tlon, and the state's attorneys agreed to the absence. When it was decided to ask for an annullment of the verdict on the ground of the defendant’s ab sence, Frank’s attorneys, who had agreed to the proposal, issued a state ment saying that the defendant knew nothing of the plan for his absence and did not give his consent. They an nounced, however that since they had agreed to the plan, they would not participate In the annullment appeal, and It was entrusted to other counsel. Refused Twice. Previous to today's decision, Judge Benjamin Hill, of the Fulton County supreme court, had twice refused to grant Frank new trials and also had sustained the state’s demurrer to the annullment motion. Appeals to the state’s highest court now have resulted In the lower court’s decisions being affirmed in every instance. Today’s decision was concurred in by four of the five supreme court Jus tices. The opinion, which was written by Associate Justice Warner Hil, held that the annullment motion could and should have been made in a previous appeal for a new trial. Frank, confined in the tower here, received the news of his latest reverse with calmness. "Well, I had expected the court to be with me this time," was his only comment. Was Writing Letter. The prisoner was writing a letter a letter when the news was brought to him. He listened to the announcement without stopping his work and in a few minutes completed the letter and President Wilson Could 9 nt Hide His Identity Long on Broadway New York.—President Wilson found tonight he could not escape recognition in New York even when he appeared upon the street as a pri vate citizen. He tried It and failed. Mr. Wilson announced that he intended to spend the evening quiet ly at the home of his friend. Col. E. M. House, but changed his mind and at 8:30 o'clock he and Colonel House started for a stroll on Broadway. They were attended only by a couple of secret service men some distance In the rear. Soon the president and his escort halted for a moment to listen to the music provided at a Salvation Army open air meeting and right there Mr. Wilson's incognito came to an end. “It's Wilson! It's President Wilson!” shouted the discover. Instantly the Salvationists were deserted as the listeners began to follow the president and his host. The secret service men closed in closely. WAR SUMMARY TODAY Seldom since the beginning of the war have the reports from the various scenes of action been bo contradictory as was the case today. In Belgium, in France, to the east in Galacia and Russian Poland and in the Caucasian regions fighting is proceeding with varying degrees of intensity, but there was little in the way of authenticated news to indicate noteworthy changes in ths fortunes of any of the contending nations. Rumors of the sinking of the British Buper-dreadnought Audacious more than a fortnight ago were confirmed b y mail advices. The French war office in today’s official statement, again asserted ths** minor successesses had been won in Belgium, but in the main the great bat tle for possession of the northern seacoast of France apparently is proceeding on about the same lines as heretofore. Near Nieuport on the North Sea in the region of Ypres, and between La B assee and Arras across the French bor der successes by the Allies are report ed either In the way of repulsing Ger man attacks or making slow advances. Indecisive encounters also have occurred at other points to the east with especially sharp fighting in the Argon ne, the scene of bitter contests 'or weeks past. In this locality the French statement says a German attempt to canturs towns met with iailure. " German military authoritlgs made no modification of their previous as sertions that their forces were slowly pushing onward at various points in Belgium. Unofficial advices from Berlin showed that the German peop'e were Increasingly optimistic on account of the latest reports from the front A military critic at Berlin draws from the capture of French prisoners near Nieuport the conclusion that the sue cesstve shocks of battle almost have cut to piece* the Belgian army and that it has been necessarv to send French troops to the coast to assist those who still remain to hold the line. Trukev renewed her claims to victory over the Russian forces declsrin* that the Invaders are being pushed back to Russian soil. A surprise attack by the Turks, Constantinople reports, was made with such success that the Russians were driven back toward Bs turn, losing several towns. In a battle near Erxerum the Russians are said to have lost 8,500 men. Petrograd how. ever, reports steady progress in the campaign against Turkey. Of what la happening in the great struggle further north, between ths Russians and the Teutonic Allies there was no further word. At last accounts Russia still was sweeping from across Galicia while both Petrograd and Berlth were claiming the advantage In the fi ghtlng along the German border. Whether the battleship Audacious was hit by a torpedo or disabled by a mine had not been established. The battleship, put Into commission less than two years ago and third In tonrtnge of the British navy, went to the bottom on October 27th off the north coast of Ireland. Her crew of 800 of* fleers and men were rescued, with one or two possible exceptions bv boatA from ths liner Olympic. The British censors did not termlt this news tj be cabled and the fact Is now made known by letter advices. r SUNDAY, NOVEMBER Id. gave it to a friend, who was visiting him, to mail. Commenting on the right of counsel to waive the presence of Frank In the court room, the court’s opinion said: "Who was better prepared to pro tect the interests of the defendant, trained and expert counsel or the de fendant himself? True, he had the right to conduct the trial In person, if he so desired, but the defendant had committed his case to the able and ex perienced counsel who In the exer cise of their return as attorneys for the client waive his right to be pres ent, and having made the waiver, and defendant by his conduct having ac quiesced in it, he should be bqund by It." Trifling With Court. "It would be trifling with the court to allow one who has been convicted of a crime, and who has made a mo tion for a new trial on over 100 grounds, including the statement that his counsel had waived his presence at the reception of the verdict, and have the motion heard by both the superior and supreme courts and after a denial by both courts of the motion to set aside the verdict, include matters which were, or ought to have been in cluded in the motion for a new trial.’*! The state supreme court will have tol certify a writ of error In order to allow} the case tf> be taken to the federal su preme court through the regular chan nels. If deemed advisable the court has the right to refuse. No intima tion has come from the court as to what course It will pursue. Lawyers, however, were much Interested in the following paragraph of the court’s opinion: No Provision. "We know of no provision In the constitution of the United States, or of this state, nor of any statutes, which gives to an accused person a right to disregard the rules of procedure In a state, which Afford him due process of law, and demand that he shall move In his own way and be granted abso lute freedom because of an Irregularity (If there is one) in receiving the ver dict. If an accused person could make some of his points of attack on the verdict and reserve other points known to him. which he could then have made, to be used as grounds for further at tacks on the verdict, there he prac tically no end to a criminal case.” Refuse to Talk. Attorneys for Frank tonight refused to discuss what course would be fol lowed should the state supreme court refuse to certify a writ of error. It was reported, however, that should the court take such action the defendant’s counsel were considering swearing out a writ of habeas corpus in the federal district court and, on this writ, at tempt to take the case to the supreme court of the United States.