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About The Augusta daily herald. (Augusta, Ga.) 1908-1914 | View Entire Issue (Aug. 11, 1909)
THE AUGUSTA DAILY HERALD VOLUME XIV., No. 223. IT TO TEST ANTI-TRADING STAMP SILL Judge Speer Has Granted Temporary Injunction, Stopping Prosecutions in Augusta City Court. CLAIM THAT LAW IS UNCONSTITUTIONAL Suit Filed With Federal Court and Constitution ality of the Law Will Be Fested. SAVANNAH, Qa. —A bill in equity to test the constitutionality of the law recently passed by the state leg islature to prohibit the issuing of trad ing stamps, filed in the northeastern division of the federal court, was re ceived in the clerk’s office at the United States district court here. Against Augustans. The complainant in the bill is the Sperry & Hutchinson Company of New' Jersey, the originators of the green trading stamps. The bill is di rected against James C. C. Black, so licitor of the city court of Augusta. Guy Sturgis, bailiff of the city court, and Elroy C. Denton, vice president of the J.’b. White Company, all resi dents of Augusta. Injunction Granted. Judge Speer has already granted a temporary injunction to the Sperry & Hutchinson Company, stopping fur ther prosecution by the officials of the Augusta city court, and he has named next Monday as the day for the hearing to show cause why a per manent injunction should not he granted. The hearing will occur at Mt. Airy, Ga., where Judge Speer is spending the summer, and the matter will be decided as quickly as pos sible. The bill tells of the contract made between the Sperry & Hutchinson Company and the J. B. White Com pany, also a New Jersey corporation, whereby a branch of the Sperry & Hutchinson Company was established in the large department store of the J. B. White Company in Augusta and arrangements made with the Augusta store to use green trading stamps. Law Unconstitutional. This arrangement lasted until July thirtieth of the present year, when the bill prohibiting the issuing of trading stamps was passed by tlie state legislature. Then, on August seventh, began the prosecution of the Sperry & Hutchinson Company by the city court officials of Augusta. The bill charges that the trading stamp law is unconstiutional and in opposi tion to the principles enunciated in the fourteenth amendment, which guarantees equal protection of the laws to all citizens. The legal proceedings begun plain ly show that the firms interested in trading sumps and the continuance of their use in the state have taken measures to test the constitutionality of the law and, consequently, it is be lieved no arrests of those using the stamps will occur until after the legal statu* of affairs has been ascertained. LEGISLATURE ENOS MEET WEDNESDAY ATLANTA, Ga. —The house and state are on the last leg of their work for the 1609 session of the general as sembly. With the meetings Wednes day the tolls of the solona for this year will oome to an end. They have worked hard and faithfully and when the meeting Wednesday night is over they will turn the hands of the clock back and wait for the next gathering. Many important bills have been passed and numerous others are ex pected to be rushed through during the last day of the session. The bi ennial session bill and general tax act have yet to be passed by the two branches of the legislature and sign ed by the governor, before they be come a law. The Alexander amend ment on near-beer has caused some long debates and will probably ba discussed at length before being ac cepted or turned down. The dog tax has already been accepted. The Mc- Lendon investigation and suspension took up much time of the assembly and prevented them from debating and accepting more bills at the 190'.i session. The Weather For Augusta and Vicinity: Fair to night and Thursday. For South Carolina: Generally fair tonight and Thursday. For Georgia: Generally fair except showers in extreme south portion to raht Thursday. Bcattered showers have fallen in the central and eastern portions of the cotton belt and the disturbance of Tuesday along the West Texas coast has moved into Mexico. The area of high pressure of Tues day over the upper lakes has moved to the lower lakes, causing much cooler weather in the middle Atlantic states, New England and the Ohio valley. It is stlghtly warmer In the south ern states The temperature in Au gusta was comparatively cool, a max imum of 62 and a minimum of 74. Caleb Powers, Lecturer ISR Caleb Powers, four times tried as accessory in the murder of Gov. Goebel, of Kentucky, and who since his release has been lectur ing throughout the coun try. It is announced from Lexington that Powers will he a candidate for the House of Representatives at the next election. GEORGIftmT TRAIN IS BADLY WRECKED AT CAREY Georgia railroad through freight No. 210 from Atlanta to Augusta, was wrecked at 3 o'clock Wednesday morning at the 90 miles post a few hundred yards from the Oconee river, near Carey. Seven loaded cars and two empties were derailed. Passenger train, No. 4 from Atlanta due in Au gusta at 7:05 o’clock Wednesday morning was 'three hours late. The trains leaving Augusta Wednesday will get through without delay. The cause of the wreck is no; known, but the road officials state that It was either a defective rail or wheel. The train was going about 20 miles an hour at the time of the wreck. The cars were badly broken up, but no one was injured. The wrecking train went up Wednesday morning at 4 o’clock. The wreckage will be completely cleared up by Wed nesday njght. DIES AFTER GAINING PARDON FROM JAIL DEB MOINES, lowa—Samuel Fran cis Smith, son of the man who wrote “America,” is dead in a hospital at Toronto, Canada, where he was taken from a train that was bearing him to Newton Centre, Mass., to meet his wife and daughter after five years’ separation. Smith was released on Thursday from the state reformatory at Ana mesa by Governor Carroll, who par doned Smith because of old age. Con vioted of embezzling trust funds in Davenport, he had served five of his eleve nyears’ sentence. He was once one of the most high ly respected citizens of lowa. After serving as mayor of Davenport., he continued life there as lawyer, bank er and cbflrch worker. Finally It was discovered that he had embezzled SIOO,OOO of funds intrusted to him. First Bale To Be Produced in Augusta Territory Arrives The first bale of cotton from Au gustas real territory arrived Wednes day, and was consigned to Salinas & DeVaughn. The bale was shipped to this well known Augusta firm from the Middle Georgia Cotton company from Sandersville, from where thous ands of bales are received each year. The bale was in good condition and weighed 408 pounds. It was of good quality, very bright and free of traßh and classed as strict low middling Carolina Pastor , Fatally Hurt , Begs Release of Man Who Struck Him WASHINGTON. —Refusing to be taken to the hospital, although per haps fatally Injured, until promised the person who Injured him would not be arrested, Rev. Wm. P. Jac obs, a Presbyterian minister, head of Thomwell Orphanage, aged 60, of C Bnton, 8. C., put the golden rule, preached most of his life, into practice. The minister was run over on Pennsylvania avenue Tuesday n ight by a two-seated surrey. However, the driver was arrested. AUGUSTA, GEORGIA, WEDNESDAY AFTERNOON, AUGUST 11, 1909. MOORS MAKING FIERCE ATTACK 00 SPANIARDS Spanish Seem To Have Silenced Moors At Mid night, But Daylight Found Them Busy. MOORS DID WORK AFTER DARKNESS Projectiles Thrown Into Spanish Garrison Show Evidence of Light Artil lery Among Moroccans. MADRID.—-Advices received here Irom Penon De La Gomera, on the island of Morocco, says the Moors are directing a fierce attack against the Spanish garrison there. At mid night the Spanish artillery seemed to have silenced the enemy, but the moors dug new trenches under the cover of darkness, and Wednesday morning reopened heavy fire. Some of the projectiles arc so large that it is thought the Moors possess light artillery. SUTTON NBTBEATEN SAYS UNDERTAKER Undertaker Testifies He Examined Lieutenant’s Body But Gould Find No Evidence of Blows. ANNAPOLIS, - Md.—Lieutenant Al len M. Sumner, U. S. M. C., told his story of the death of Lieutenant Sut ton at the naval inquiry into the tragedy. It differed little from that of the other officers who have tes tified. The witness identified as his own a card on which he had written: “Sutton, I am a damn fool. Consider the gun business cut out.” He said this was written by him for the pur pose of humoring a whim of Lieu tenant Sutton, when the latter was very much ntoxicated. Lieutenant Sumner testified- that Lieutenant, Sutton was not of good reputation among the other student officers and that he did not believe Lieutenant Sutton to be a truthful man. H. R. Taylor, undertaker, and Jas. N. Wiedefeld, who prepared Lieuten ant Sutton’s body for burial, both tes tified that there was no evidence that either of Sutton’s arms had been broken. Wiedefeld said there were no indications that he had been beat en, though the witness had made up examination for such. SAVANNAH DOCTORS ARRESTED FOR ALLEGED COCAINE TRAFFIC Gave Prescriptions For Drug. Nine Negroes Also Arrested. Special to The Herald. SAVANNAH, Ga. —Dr. H. B. Stan ley, former coroner, and Dr. W. W. Lee, both well known physicians, have been placed under arrest, here for procuring cocaine for negroes, ♦ hrough prescriptions. The prescrip tions have been presented b$ negroes to druggists for this drug, which can not be sold in any other way in Geor gia. There are also fourteen negroes un der arrest, including one colored doc tor. SCHOONER ELMINA WON YACHT CLUB RACE PORTLAND, Maine—Schooner El mina finished first in the. .race of the New York Yacht club from Vineyard Haven at 9:09:30 a. m. The Vigilant probably will finish second as she was sighted 30 miles off the shore at day light. The bale wdll be added to the regu lar stock of Ballnas & DeVaughn and will be placed on the table for sale and disposed of when a good price is offered. The receipt of the first bale was noted in the Herald last Thursday. This was consigned to Jiarrett & Doughty, and came from Southwest Georgia, where the crop is consider ably earlier than In this section. WILL ARREST UMPIRE IE RE OSES TO PARK Chairman of Police Com mission Philpot Issued These Orders Wednesday to Keep Down Disorder. GIFFORD PROBABLY WILL REMAIN AWAY President Jones Agrees To Allow Messrs. Davern and How Umpire Wednesday Afternoon’s Game. It looks’ like Umpire Gifford will not umpire the game at Warren Park Wednesday afternoon. Chairman Phil pot of the police commission, during the morning communicated with Mr. Gifford and warno-l him to stay away from the park. The umpire was told if he went to the park he would be arrested. Mr. philpot took the posi tion that there was no use of courting trouble by allowing the umpire to go to the park. He held that the police department couid protect the umpire, if there was any trouble, l>ul he pre ferred t.o avoid all possibility of the disorderly scenes of Tuesday by keep ing the umpire away. Umpire Gifford did not like this de cision and sought Solicitor Reynolds for the purpose of having him call on the sheriff s force and give the um pire protection at t.he hall park. Mr. Reynolds was out of the city and Mr. Gifford sought out Sheriff Clark, but got no encouragement from him. Mr. Gifford tried to get the acting solici tor or someone else to take the mat ter up. When he talked to Herald report ers after hearing from Mr. Philpot, he said he felt that the police depart ment regretted the occurrence of Tuesday when he was assaulted and would l»e glad to afford him protection Wednesday. However, he said they had to bend before higher authority and accept the decision of the police commissioner. Another Umpire. The local baseball owners got in communication with President Jones after a great deal of difficulty during the day and lie consented to allow Mr. William Howe and Mr. Will Davern to umpire the game. Secretary Farr in discussing the situation Wednesday morning declar ed that it, was evident that it was the intention in some quarters to give the Augusta team the worst end of things. This could be no more plainly shown bu by the actions of Umpire Gifford Tuesday, he said. Umpire Gifford claims that there was a deliberate attempt on the part of Griffin and Carson to allow the ball to hit. him, at tne time he lined these players. He says that he was stand ing close behind Carson, when Grif fin sent a fast one by Whitey Morse's shouiders. This Carson could have stopped with ease, says Gifford .but he made no attempt to do it., hut ducked and allowed the ball to pass. It would have struck him, says Mr. Gifford, had he not been expecting something like this and ducked al most simultaneously with Carson. Gifford’s Side. Asked why he expected this, Mr. Gifford says that Castro, after he had talked to him during the game, ask ing him how much he got, and int',- ! mating other things agairisl his hon esty, began to call out, to Carson, "I'll give you five, Tom.” Gifford says there was but one inference to gather from this, and that was l hat Carson was to get five dollars for allowing a ball to pass and hit Gifford, or do something of that sort to cause hint to be injured. Fans standing about Gifford at the time he made this statement replied that it was hard to believe that they would intentionally do anything like that. Gifford replied that it was hard to believe that anyone would cut. up bis hat and clothes, hut they had, and reiterated his belief that, the act, had been intentional. Mr. Gifford says he has not tried to communicate with President Jones as there is no occasion for doing so. He is merely wait’ng orders from the president, of the league as to what to do. The whole matter is one of In tense interest, and little else was talked on the streets Wednesday. That Gifford was very bad in his de cisions, the fans for the most part believe. With few exceptions the fans express regret, at, the violence of fered the umpire. Gifford's Other Efforts. Umpire Gifford later in the day, went to see Councilman E. U. Kalb fleisch, who usually acts as solicitor during the absence from the city of Solicitor Reynolds to see if Mr. Kalb fleisch could give him protection at 'the ball park today. Mr. Kaibfleiscb told him that he could not do any thing as acting solicitor, but as a city official and private citizen ho would do all he could for him. Mr. Kalb flelsch called up Sheriff Clark and Acting Mayor Munday, and fold them 'that if Mr. Gifford was a criminal, he should be locked up unless he could give bond, but if he is not, a criminal, he should be given protection as a private citlsen. He that Gif ford be given protection Wednesday afternoon. Acting-Mayor Munday stated that bo would confer with several of ficials before the game Wednesday af 'ternoon, and would decide what should be done. Mr. Gifford will wait until the result of the confer- Sere no Pavne Sereno E. Payne, chair man of the Ways nntl Means Committee of the House, and author of the new Tariff Bill, who Is being mentioned as the successor of National Sen ator Chauncey M. Depew. UOKESiTHTO RUN AGAINST JOE BROWN People Who Have Talked With cx-Governor Say He is Preparing To Enter Race For Governorship. Special to The Herald. SAVANNAH. Savannuhians who have recently been to Atlanta and other cities where they could see and talk with ex-Governor Hoke Smit> come home convinced that he is go ing to run for governor against Joe Brown in the next campaign. “I have no doubt the ex governor is preparing for a race for governor once more,” said a prominent Savan nahan. "He will make a very de termined contest, for the place too. Thoße who think Gov. Brown is go ing to have a second term unopposed are badly mistaken.” ALEXANDER AMENDMENT KILLED: PRICE SUBSTITUTE ADOPTED License For Retail Dealers Fixed At Three Hundred Dollars and Wholesalers One Thousand Dollars. Special to The Herald. ATLANTA, Ga. Tuesday night the senate adopted the Price substitute, killing the Alexander amendment to the near beer act, which had already passed the house. I'li,. substitute offered liv Senator Price fixed the license for retailers of near beer at S3OO and for whole salers and manufacturers at SI,OOO. Amendments offered by Senator Cal houn to 11k- substitute were adopted forbidding the issue of a near beer license in town:: or villages of 2,500 population or less. The original sub stitute forbade the sale of the arti cle except in incorporated towns. Strong speeches favoring the Pries substitute were made by Senators Grlf filh, Longley, Wornble and Calhoun. Senators Callaway and Harrel spoke opposing it. The failure of the senate to agree I with the house In the sod t syrup tax j and the Alexander amendment will no cessltate the appointment of a confer ence committee. It is reported that many members of the house who vot ed, for the Alexander amendment art willing to vield to the views of the senate in the matter, provided they can have their way in putting a tax on soda syrups. VACCINATION LEADS TO A BABY’S DEATH NEW YORK. -Vaccination was re sponsible for the death in the New York hospital of one-year-old Hanna Kurghner, of No. 149 Henry street. The official report says the baby died “of an affeoted arrn caused by vac cinatlon." On July 1, the baby was taken to the hospital from her home, where the vaccination was administered. She was In pain constantly, but the hospital physicians believed her dy ing was due to other causes, it is said, not believing that the arm could so trouble the Infant. ence, and his actions will be governed by their decision. Mr. Kalbfleisoh said that unless Mr. Gifford was notified by President Jones not to umpire the game, he un derstood that h» would in all prob ability go to the park. Pres. Jones has authorized Messrs. Howe and Daveni to umpire, but Mr. Gifford has not heard from his during the day. DAILY AND SUNDAY, $6.00 PER YEAR. WILL JUKEN BE LEFT OFF OF SEW RAILROAD LINE? Said That Augusta-Colum bia Line Will Go Via Vuucluse, Leaving Aiken on Spur. VAUCLUSE WILL USE MORE POWER Both Points Cannot Be Taken in on Main Line, and Sentiment Favors Vauciuse. Will Aiken be left off the route of the Augusta-Columbia trolley line when the road is finally built? It conies to Tho Herald with a con siderable degree of authority that this is contemplated, in fact, practically decided upon, by those who are be hind the move to building the road. According to the statements of these there will be an advantage in passing Aiken tip. This advantage seems to lie in taking in Vuucluse, which is a manufacturing center, and which will use more of the power which the company will have to dis pose of than Aiken can use. The plan as understood of course contem plates leaving the present tracking to Aiken, thus placing Aiken on a spur of the road as it will be constituted when completed. It. is pointed out that Aiken while it has more people than Vauciuse, it has not the amount of manufactories, and it will therefore be more to the interest of the new road to choose lhe route to Columbia by way of V aucluse. To one who looks at the map it will be seen that if Vauciuse is con sidered. a choice has to be made be tween it mid Aiken. To go by both would entail the road ipaktng a very roundabout course which it is claimed would not be justified. II is said that there is also a difference of three miles In favor of Vauciuse. There will be no disadvantage to the road, it is said, in operating to Aikep by way of the spur, and plac ing Vauciuse on the main line. If Mils is done the route would probably leave the present Augusta Aiken line at Granlteville, and go direct front there to Vauciuse, and thence to Ci» lumbla. Those who are on the inside intK cate very strongly that, tills will h* done. Tney also say that the prepar ations for the new line are well un der way and that an Important an nouncement may be expected at an oarly date. SEVERAL DROWN WHEN TUG SANK; ROCKPORT, Mass.- The naval tug Nezinscot, hound from Portsmouth to Boston, capsized off Cape Ann early Wednesday. Several of t hi* crew drowned. The second officer, the captain’s wife, her little boy and four of the crew landed on lug boats. The captain, surgeon, engineer and three ot.ner members of the crew, who took to a raft, were blown off shore. Fishing bouts are searching for them. Captain Evans arid Engineer Bel frlo were picked up four miles off shore by a life saving crew and land ed here at. noon. Dr. Trotter was washed off the grating and drowned. NEW YORK TOWN PRACTICALLY DESTROYED BY FIRE WEDNESDAY MIDDLETOWN, N. Y.— Practically the entire business portion of Mon ticello, a summer resort village In the mountains of Sullivan county, was destroyed by fire which raged nearly all night. Dynamite alone saved the residence sect If n. CENTRAL SHOPS CONTRACT SAVANNAH, Ga -The Central lly. has not yet decided who shall have the contract for erecting the black smith shop and the woodworking shops of the system at Macon. Bids were opened Tuesday, but. the con tract has not yet, been let. It will be pretty thoroughly considered be fore It. is given out,. ADVERTISING is your Decla ration of Independence from the exactions of the jobber and the caprice of the dealer. Make the public ask for your goods and notice how quickly jobber and dealer will echo: “Me, too.” STATE JSTEUM IS fi HORRIBLE INSTITUTION Investigating Committee Looked Into Charges Made By Dunnington and Made Report Tuesday. ATTENDANTS ARE INCAPABLE MEN Place For Insane Patients is “Death Trap.” Women Are Maltreated and Con ditions Unsanitary. ATLANTA, Ga.—TJ>e Asylum In vestigation committee, appointed by ex-Governor Smith, made their report to the legislature Tuesday and severe ly criticize the institutions' attend ants The committee oonslsts of Dr. W. F. Westmoreland.Seaton Grantland and Judge W. F. Jenkins. This com mittee was named to Investigate charges made by R. K. Dunnington. a former inmate whose home In near Augusta. All tlie criticisms of the Investigat ing committee go to tho character of llie help employed, which is said to lie poorly paid and inefficient, and none to (he general management of (lie institution. No fault. Is found with the food given to patients, which Is Hald to he excellent, and wall dl rocted lo (heir needs. The buildings were found to he in good oonditlon with 'the exception of the hospital and colony buildings. There was much defective flooring In the PoweH and iiogro building. The Charges. As (o the specific charges made bv Mr. Dunnington the committee found as follows: “On June 15 Mr. Dunnington ap peared before the commission and presented his evidence. The commis sion decided that. In justice to all Mr. liuunlhgton bad beat appear be fore the commission at its meeting a' the sanitarium. This he did on Juno 1k At those meetings the sanitarium was represented by Judge Richard Johnson. . "The commission finds that William l.lngold, the Bartow county patient, Identified aB "Lingo" in Dunnington* testimony, was tripped up by a:i at tendant named Dennis and his leg broken. The attendant claimed to have done it in fun. He was dis charged by the superintendent.” Augustan Injured. George T. Lawson, an Augurta pa ti en t the testimony shows, was tu nned by falling down stairs when carrying a bundle of clothing which was too heavy a burden. As lo the case of B. W. Brown, of Savannah, who It Is charged was bad ly injured by being struck in the bead by an attendant named Cook, the authorities at the lnSfTtatton knew nothing of the charge until they were published by Dunnington. Cook, the attendant Involved, was discharg ed some time ago, for stealing Had Leg Broken. he charges In the case of M'. Glenn of Atlanta, who was said to have had his leg broken arid that of an Atlanta negro, who died in tho Institution and who was said to have bad ills skull Tractured by one of the attendants, were both fqund to be baseless. Glenn was a helpless pa ralytic who died In March, and an au topsy on the negro, whose bo tv wo* exhumed for the purpose failed to show a broken skull. Women Patients Mistreated. On the charge that several female : atlente were helped to escape and uitorward used for Immoral purpoeee, the commission finds. ■‘On the 15th of Augufft, last., one of Ihe yard watchmen, and a helper, out the wires from the window of ou-j of the rooms In the recreation hall and assisted two female patients la escap ing from the ureen building. They carried these women to the basement of the mate convalescent building where they kept them until Junday night, Aug 16. On Sunday night, they were located in Mllledgeville, where they had gone to cuke the train. The fact is that some of thair garments were found In the basement of the building and Oiat though they were separated from each other, they each fold practically the same atoiy, giving the names of the partis*. Helpers Unpunished. “These men were first Indicted and (Continued on Page 2.)
