The Atlanta Constitution from Atlanta, Georgia • Page 5

I tofijsiog Scalding Prepare Their Response to the Trust LV T- 45 forjnii sjlalmel ConsolWs rnenhlp If- of Various Lines Is Illegal. iMfll 18 BITTER Ell ffraction Xawyers Say They Will Give. fr Consolidated the Hardest in Its History Claims on' Which Defendant Will Base Its Case. King Spalding attorneys for the Atlanta Railway Company bare made some sensational allegations in their response to the bill for Injunction mad In be United States court by the Old Colony tttust Company. or Boston seeking to pre.

rent the condemnation of the Consolidated tracks on Mitchell street by the Atlanta traction Company for the completion of Its tew town system. The response alms at the very foundation kf the Consolidated asserting that its ownership of the various lines in the city of constituting the corporation. Is en Unly. illegal. is charged that the several lines now constituting the Consolidated Were expressly forbidden by their charters io enter into any contract which would teft or lessen competition in their re- lpectift businesses or create monopoly that by the constitution of the state of Georgia it S.

expressly provided that the general assembly shall lave no power to mthorUe any corporation to make any contract or agreement with any other corporation within this state or elsewhere that may thave the effect or be intended to have the effect. to defeat. or lessen competition In their respective businesses or to encour- 15 monopoly and that all such contracts Pd agreements shall pa null and void. Tte response alleges that the purchase of an taee roadsfcy tie Consolidated was or the purpose and has resulted in the establishment of a corporation and the dl. tnlnlnMng of competition.

The response further asserts that the act under which the Consolidated effected Its incorporation contains the following provision which is a part of its charter Xtiat no railroad shall purchase a corn- petlng line of railroad or enter' into any Contract with a competing line of railroad Calculated to defeat or lessen competition th this state. The response further charges that at the time the Consolidated was Incorporated the Statutes of the state under which the corn- Iany purported to be Incorporated did not authorlse or embrace within their terms the Incorporation of street or suburban railroads ii we. thereafter expressly de. dded by the supreme court. and that the attempt to incorporate said company was lthout authority of law.

and therefore bull and void. rust Have Clean Board. This showing is made by the Traction. at torneys on the ground that no corporation. concern or individual has the right to seek justice in a court of equity when the plain.

tiff has not a clean record. This la a recognized principal of law and the defendant attorneys will ask Judge Newman to re- tuN to hear the bill for Injunction presented by the Old Colony Trust Company. This showing of alleged Illegal ownership it not the. only showing made in the re. sponse.

The following declarations are tnade. 1. That the Old Colony Trust Company has no interest in the condemnation proceedings that authorizes It to sue. 2. That it is a collusive.

suit between tile Consolidated and the trust company to give the United States court jurisdiction. S. That the allegation of the bill for Injunction to the effect the city has no power to authorize such condemnation proceedings. ii false. 4.

That the grant to the Consolidated on Mitchell street was made with the express reservation of this right by the city. That the use of the Consolidated tracks on Mitchell street will not damage OP Interfere with the operation of the Consolidated. Go That the same plan Is being- worked successfully elsewhere and In Atlanta. the Chattahooctlee River road Is now using the tracks of the Consolidated on Marietta street near Jones avenue. 7 That the officials of the Atlanta Railway line made strenuous efforts to settle the- matter amicably.

and that the Consolidated refused to enter any such agreement. As one evidence that the suit is collusive between the trust company and the Consolidated the attorneys for the Traction tave mentioned the fact that. the bll for Injunction Is signed and sworn to by H. L. Woodruff of Atlanta.

U' the representative of the trust company. Mr Woodruff It Is Alleged owns eighteen bonds of the Consol t1ted Street Railway Company. A Seek To Advance Hearing. Attorneys King and Spalding will make an effort to havethe hearing before Judge Newman now set for January id fixed at an earlier dateWhen seen yesterday Mr. Spaldlng suede the following tatement The filing of thu Injunction was nol surprise to me.

and' I say frankly we. are going to tight this thing to the very. last even It we have to go to the' highest court In the United States. We tried to. settle this matter amicably.

Tiey refused to listen to our overtures. They went to the courts. and now they must took to their laurels. I have not the sligtlttest doubt' but that we will win. and are.

going to give- the Consoli. dated the hardest fight. of Its Ute. The part of it. response relating to the alleged illegal' ownership of the various lines by the Consolidated la quoted la full ft.

follows An Alleged further response fo the order to show cause In this cue the Atlanta Railway Company Shows that the Atlanta Consolidated Street Railway Company is an alleged. corporation purporting to have been incorporated under the general laws of the state of Georgia for tile Incorporation of street railroad companies on the. idth day of May. 1891. with authority to construct.

maintain and operate a system of street and suburban railroads for public use in the conveyance of persons and property In the counties of Fulton DeKJ1lb and Cobb. la the state of through. and over various streets in the city or Atlanta. in the town 01 Decatur and la the town of West End and ejie- wtnere. as stated In said application and In Its certificate of Incorporation Respondent Shows that at the time said company was so incorporated that the statutes of the state of Georgia.

under which' the same purported to be incorporated did not authorize nor embrace within their terms the incorporation or street or suburban railroads as was thereafter expressly decided by the supreme court of the state or Georgia construing said statutes and that the attempt to so Incorporate the said Atlanta. Consolidated Street Railway Company was without authority of law null and void. Respondent shows that at the time of said pretended incorporation there existed In the. county. of Fulton the following street car companies owning and op.

crating railroads wit The Atlanta Street Railroad Company the West End and Atlanta Street Railway Company. the Gate City Street Railroad Company. the Metropolitan Street Railroad Company. the Fulton County Street Railroad Company' and the Atlanta and Edgewood Street Railroad Company that the charters pt each of said railroads bad either been granted subsequent to the adoption of the constitution or the state of Georgia of 1877 or had been amended subsequent to the adoption of said. constitution by the legislature.

qf Georgia. and that the same were therefore subject to all' of the provisions. stipulations and restrictions stated and Imposed In said Constitution of the state of Georgia. That while each of said roads was authorized to purchase railroads and prop. erty and to sell their lines of railway and franchises.

they' were expressly forbidden by their charters to enter into any contract which would thereby defeat or lessen competition in their respective- businesses or create monopoly that by the said Constitution of the stat of Georgia It la expressly provided that the general assembly shall have no power to authorize any corporation to make any contract or agreement with any other corporation within this state or elsewhere that they may have the effect or be Intended to have the effect to defeat or lessn competition in their respective businesses or to encourage mo- nepoly. and all such contracts and agreement shall be Illegal and void. In Reference to Competition. Respondent shows that said. pretended Incorporation of the said Atlanta Consolidated Street Railway Company having been attempted as aforesaid.

that afterwards. wit on toe 31st day of August. 1891 an. act was passed by the general assembly of the state of Georgia. to ratify and confirm the Incorporation of street and suburban railroad companies under the general law for the incorporation of railroads and to regulate the same.

Said. act provided that all charters theretofore granted by the secretary of state to street and ubtUl railroad companies were confirmed and declared to have had full effect from their dates provided that no street railway within the incorporate llm- lie of any incorporated. town or city should be constructed without the consent of the corporate authorities where they shall be Your respondent further shows that in the act- under which sold Atlanta. Consolidated Street Railway Company purported to have effected Its. Incorporation and to have acquired the powers which It claims to enjoy under the said ratifying act of August U.

1131. is contained the followlnr provision which is a part of Its said char- terThatWno railroad tfeall purchase a competing line of railroad or enter Into any contract with a competing line of railroad calculated to defeat or lessen competition in this respondent shows that prior to the attempted incorporation of said Atlanta Consolidated Street Railway Company and flaUVICfeJ VXVMl the property of each of the other ralroads before mentioned. as then doing business In and operating lines of railroad In the said city of Atlanta. Os. Your respondent shows that said rail roads were largely competitive that at that time the town of West End.

in the county of Fulton was a separate munlc- pallty from the' city of Atlanta that the Atlanta Street Railroad Company and the Wsj End and Atlanta Street Railroad Company were through the greater part of their entire length going south from. Alabama street and were competing lines to th town of West End that the Atlanta Street Railroad Company and the Fulton County Railroad Company were competing lines for much if their length that the Fulton County Street Railroad Company and the Gate City Street Railroad Corn- paxw were competing lines to a. considerable extent. and that the Metropolitan Street Railroad Company and the Atlanta Street Railroad Company were. for a large part of tt length of their lines competing and nxrs 11 el Old Colony Trust Co.

a Party. This respondent charges that the pur pose and object of the formation of' said Atlanta' Consolidated- Street Railway' Company was to bring said several competing lines into one company and to thereby diminish and lessen. and It possible entirely prevent the competition ullltng between them and so it was that for the. purpose aforesaid. on the flat day of September.

1891. the Atlanta Street Railroad. Company the Atlanta and Edgewood Street Railroad Company. the West End and Atlanta Street Railroad. Company the Fulton Diamonds Fine Jewelry American Watches Solid Silver and Cut Glass.

Artistic for gres ntatlon pwjj ses. County 8tretRaifroa4 Company and the Gate City Street Railroad Company each conveyed to the Atlanta. Consolidated Street Railway Companyall of their real estate. roadbed. tracks.

stock. equipment sod property of every kind and description including all' oz their contracts. ehoaes in action rights- privileges and franchises anti thereupon the said companies ores named eased to do business or to carry on their respective business In the" city of Atlanta. and all of said properties. assets and.

franchises passed Into the hands of end hay. eyes since Peen held and op. erated bythesaid Atlanta. Consolidated Street Railway Company. That the Atlanta Consolidated Street Railways.

Company. In order to further. carry out. said scheme from time to time bought up nearly all of" the' tock of the Metropolitan Street Railroad Company and' advanced to money necessary tt run it and subsequently also- acquired sail last named property. and thereby thought that It 050 secured to Itself a full and complete.

monopoly of all. or nearly all of the street railroad business la ih cltyot respondent ver that ll of said facts were fully known- to the. said Old. Colony Trust Company and that the said bonds issued to the said Old Colony Trust Company were Issued for the purpose of enabling it to carry out its said plan and scheme and that the said Old Colony Trust Company a trustee under' said mortgage la affected with all of the illegality per- Tainlnr to the said Atlanta Consolidated Street Railroad Company. To Perpetuate Monopoly1 Respondent avers.

upon the- sets afore eald. that. the said attempted acquisition of title to the said properties so attempted' to. be acquired by the Atlanta Consolidated Street Railway Company. were Illegal In' Violationof Its charter.

lid of the constitution and laws of the state of Georgia and were ultra wes of said corporation. That the basis of the Ught claimed by the Old eoioney Trust Company springs out of and is part and' parcel of said illegal ultra. Tires end vicious scheme and undertaking of said Atlanta Consolidated Street Railway Company That the Atlanta. 000011. dated BtK Railway Company having thus.

acquired en illegal anti ultra vires monopoly to defiance of its charter and of the con- stitutlon and laws or the state ef Georgia. now endeavoring through the said. Old Colony Trust Company to perpetuate Its. scheme pf monopoly and to throttle and defeat legitimate competition by preventing the building of the lines of railway proposed by this respondent and It is attempting to abuse the process. of this court for- thatpurpose That neither it nor the said dJ Trust Company come into thts court with clean hands.

and that the said court will not afford to them equitable relief tpenforce alleged property rights acquired la violation of the charter of the said railway company and of the constitution and laws of the state of Georgia. THE PASSING THRONG. Mr. Edwin Nellt formerly of Savannah passed through Atlanta yesterday on his way to his old home where he will spend the Christmas holidays. Mr.

Neill is busi seas manager for the Nell Pramatlc Stock Company of. whtalh. brother. Mr. James Neill Is proprietor and star.

Mr. James NelU has been on the stage about fifteen years. Re has supported some of the best etard and. for some years has been at the head of a company himself He has a well balanced strong stock company now and is playing a long engagement at She Pike opera house Cincinnati UJfce. company a repertoire includes The strity Bal.

Mr Barnes of New York" The Senator Alabama lord Chumley. Lottery of Love A Social Highwayman. Moths A Fatal Card' and a. number of other well known plays. The company- puts.

on a new. bill very week. Mr. Jneo Nelll supported Mr. Crane in The Senator' for two or three seasons.

He is well known to the playgoers of this country. Charles J. Bayne of Augusta poet. Jour nalist and ecturer recently passed through Atlanta on his way home after a success tot lecturing tour in Louisiana and the southwest. Mr.

Bayne Is rapidly making a name for himself as one of the stars of the platform In San Antonio and other Texas towns and in Louisiana his Drones and Dreamers" and bis Things We Might Have Said' have drawn forth enthusiastic comment from the press. Mr. Bayne has long had a national repu. tatlon as a. poet.

And. too. this poems have the shining merit of originality The meter and rhythm are peculiarly hlaynes a. Hi" phrases' and metaphors are all unique while his diction is striking for elegance and purity. As a lecturer.

lie La said to give even greater promise. Drones and Dreamers' and Things We Might Have Sald art made up of daintiest philosophies and ten- derest sentiments couched in the van-hued language of prosody. His personality is as pleasing as his most fanciful poem-dreams and he Is everywhere esteemed for the rare qualities of chivalry and courtesy that chime In so completely with kin literary abilities. There has recently been received in Atlanta from London a neatly printed pam phlet entitled The Gold Fields of tin Southern United States. by W.

Kermode M. E. The book is illustrated with half tope engravings of specimens of quarts and nuggets and with pictures of several Georgia. properties. In his preface the author Mr.

Kermode states that he ties made a. thorough. inspection of all this section with re. gard to its value as a gold country and that so favorably impressed Is he that he has published the book at his own expense with a desire of interesting English capital. Mr.

Kermode then goes on to say. he is a gold miner of nearly forty years' cape rience having prospected and lived in Nevada Arizona. Dakota. Montana and Call fornia. and In Australia Alaska.

Contra America and South' Africa. And the got fields of the south are of such rich prom Jse that everywhere else he has ever beet seemsbarren in comparison. He declares that the Transvaal and the Klondike are not to mentioned as in the same class with Georgia Alabama and the Carolines Mr. Kermodes trip to. this country waa made just about a year ago.

He journeyed on horseback over all of nth Ala bazna. northern Georgia. northern South Carolina and western North Carolina. pros panting and examining for himself. He Is well remembered in the sections around Dahlonega and Gainesville where he spent several weeks.

He returned to England without stating any opinion of what he had seen. The book contains his opinion and it ji literal 11 a golden one. Mr W. Newell of the Atlanta. Knox- yUle and Northern railroad who has beet under treatment here returned to his home yesterday very much Improved In health ADJUTANT PRICE COMING.

He Belongs to the Sal-ration Army and Will Open Men's Shelter. Adjutant Price. of York will arrive In the city this. week' to take' charge of the social work of the Salvation my In At. lanta.

He win open up the men's shelter on Ix yd. near Decatur street. Rev. Sam P. Jones wilt preach for the Salvation Army January hat at Trinity Methodist Episcopal church.

south. Any one wishing to send in a Christmas gift of money or furniture for the shelter should address Captain J- IT. Edgeu 43 East Ear. ns street. Atlanta.

Anderson Crush0d ta Death. ar 4 December ML Special. Anderson well-known farmer reslding near Ansericus was Wiled yesterday while repairing a barn on hi premise WOille the roof was propped up with poles Anderson ventured beneatihv witch the tnre fell burying Wnj 4nti detost" MS ILL BE Mmmenris Tsffoira Merfants'-fesociation for 4 it J- v. Kiflil- BB SofgBJitdfpif MIL Facilitate PiMlfrffijiffsE SMOKER MEETS WITH nvnn The Affair Will Be One of the Events of the Christmas Season ana Will Be Productive of Much Good for Atlanta Merchants It will be proposed at the coming bohemian smoker which is to be given to this- subscribers to the Jubilee fund. to form in Atlanta a merchants' association for the promotion or public enterprises sue as that ythich.

has just come to ax end with such credit to the city. The need for such a association among the merchants was made plain in the recent Jubilee celebration and while the various events were earned off as smoothly as possible a great deal of time and labor was expended In the undertaking. that could otherwise have been saved. At the bohemian smoker which Is to be given at the Kimball near the first of the year the need for such an organization among the merchants will be put before the guests and it is probable that. the dinner will be the means of starting an association that would be of greqt benefit to Atlanta business men.

it Is believed that the large body of merchants appreciate the need for the association and many of them have so tar expressed the hope that at the bohemian smoker the matter will take sOwpe and result in an organization that will be of material benefit to every business interest In the city. Tile Idea of the organization has been advanced by Secretary Martin of the Jubilee Association and In. speaking of the idea Mr. Martin said yesterday. There seems to be a misunderstanding on the part of some our- people re gardlog the purpose of the boftemian smoker decided upon ty the sub-commit- rnluee appointed ui the matter.

The subscribers to the fund will net meet simply to smoke op and eat up the balance remaining In the treasury of the Jubilee Association The subscribers to the Jubilee fund were principally the merchants of. our city and tnese men win meet for the purpose of seriously considering some- questions that concern them as bwlness men and as citizens of Atlanta. One of the principal questions to be considered will be the organization of a permanent association I telleve that Atlanta should have a merchants' association. Such ai assoca tion could Inaugurate and promote enterprises In which the chamber of commerce very properly takes no Interest. The chamber of commerce is made up of all classes of business and professional men and really has no rigiht to undertake the promotion of Interests that do not relate to al members alike.

If the merchants of Atlanta are willing to subscribe the money and arrange for the visitation of people from the surrounding country. It Is only right that they should do so and I am very strongly of the opinion that the merchants would take a deep- Interest in this matter and feel disposed to give liberal support to such a movement. Of course the Peace Jubilee was held too late in the year. to be of much benefit to our merchants Jut a celebration or function of some character that would bring tremendous- crowds to Atlanta say in October or each year. would very greatly benefit our merchants and I am sure they would give It liberal support Out sub-committees.

when canvassing for subscriptions to the Jubilee fund. were often met lth the proposition that a liberal subscription would lie made It the celebration was held earlier. but that our merchants had practically all the trade they could. watt upon from the middle of December until after the holidays. I shall.

therefore. propose as one of the matters to Se discussed at the forthcoming behemlan smoker a permanent organization on the lines which I have mentioned. and I believe that we. can put aside a little net from he fund now in hand to inaugurate the move rnent when the merchants are ready for It A proper subject for discussion at the bohemian smoker will. be the character of organization to be formed whether there should be activity throughout the year in interesting merchants throughout Atlanta's trade territory.

or- whether we should naf sfled with an annual celebration of some character to. bring crowds to. Atlanta. Pos lby th merchants will feet disposed to form Cit as soclatiOn that will be active throughout the year in promoting trade. The subject la wortl of di3U on slid I ant sure there will be pusTKe tlon made St the bohemian smoker hat will point to the proper character of Organization Smoker Meets with Favor.

The plan for disposing of the sum left from the Jubilee after the obligations of the association have been met. which- was suggested by the sub-committee appointed at the last meeting of the Jub lee- executive committee is meeting with favor among the subscribers Tie bohemlan smoker will bring many of the merchants of the city together and- in addition to being the means of discussing the proposed merchants' association the evening will one of the most pleasant and entertaining of the Christmas season. It is prscttcahiy settled that Attorney 1 Jf- General Grim win be In the city at the timeof the dinner and If so he will one of the principal guests of the occasion A indicated yesterday it is the Intention' of committee to Invite also the members of the Georgia delegation in congress together with the looses of the supreme bench of Georgia WHAT IS GOING ON IN THE VARIOUS COURTS 4 At a hearing yesterday afternoon the injunction suit against the MOl-hillan Seed Company was withdrawn. W. Trlpp was appointed receiver of the Dfxie Grain and Flour Company yesterday morning.

Some time ago it was decided by the credtors to wind. up the- affairs of the company out it was not taken to the courts until yesterday. The receiver is Instructed to convert alt the assets In cash to the bet Interests of the creditors. The largest creditors are George W. Brooke Southern Flour and Grain Company K.

Lowe Company and Tlllman Brown Cot The assets are said to be more than the liabilities by 3051. The receivership In the case of the Bennett Printing Company against WnUng- ham Co. was withdrawn yesterday The members of the latter firm believe they can make all their debts good and have satis- fled their creditors to this extent. At the time the receiver was named. Mr.

A. P. Stewart was appointed to take charge of the business. A verdict for 120 was given In the superior court yesterday In favor of N. H.

Smith and against J. Ditda. It was al leged In the bill that Dilda married Smiths daughter and after ft few months of married life Dlida carried' his wife to the home of her father and left her. Smith claims that Dilda agreed to pay board for her. which he failed to do.

Alimony has been obtained by the young wife. The case of H. Spinks against the Georgia railroad was on trial In the superior court yesterday and will be continued today. Splnks Is suing for 20000 for the death of his son Pearl Spinks. who was killed on the Piedmont avenue trestle He was a switchman at the time of his death.

Arnold Arnold represented the- plaintiff end Bryan Gumming and Sanders McDanlel the defendant company. TO HOLD MEMORIAL SERVKJjJS. Old Atlanta W. C. T.

V. to Honor Memory of Departed Member Tomorrow afternoon at 3 o'clock In the Marietta street church memorial sets-Ices will be held by the Old Atlanta Woman' a Christian Temperance' Union in honor Of two of their recently- departed members Mrs. A Hidden and Mrs A Ruby Relatives and friends of the deceased and. all members of the Woman's Christian lemperance Union and all who feel In terested In the lives of the devoted Christian Temperance workers are cordially In vited to attend. HOLIDAY CIOABS An.

Appropriate Gift for Sour Friend at This Season. One of the most appropriate Christmas presents you can give a gentleman Is a box of good cigars that is a. gentleman who emu fes and you know most' every gentleman does that. It Is a right difficult thing these times to select a choice cigar and of course you don want to make a gift of an inferior one. Those who.

would like to remember their friends la this way can consult the Big Bonanza Cigar Store at 17 Peachtree street. Mr. Cuesta who has charge of this plane handles the very brat brands of cigars. He was for years one of the most. prominent manufacturers of cigars In Georgia but Is now located in Florida operating a large factory.

It Is said that the Big Bonanza Cigar Store sells more cigars and tobacco than' any other place In the city. The fact that it handles Mr. Cuesta goods Is In itself an advertisement sufficient to warrant a large sale. Now to come hack to the matter you want to remember your friend Christmas. A le best thing you can give him It he smokes la a box Mr.

Cuesta' cigars. You-can get a box containing either 100 50 or 25 cigars as you may elect. Mr. Cuesta who Is at present In the city will be glad to greet you and will recommend to you only that cla of cigars that will be a pleasure to your friend. A.

BS INDOBSE PRESIDENT. Hyde Park Post Is First To Act on the Proposition. Dubuque la. December 20 Hyde Park post. Grand Army of the Republic has unanimously.

indorsed President McKlnleys Atlanta declaration that the time has arrived when-the federal government should assist the southern etates In caring for the graves of the confederate dead. A copy of the resolutions was telegraphed to the president at Augusta Ga. Hyde Park post is the first in the country to act on the presidents a proposition. TO BEING ANOTHER CUAROL Attempt wm Be Made To Have Roe- ser Tried Again. San Francisco December 20 Chief or Police es pays he will make an effort to have Walter Rosser the Tennessee soldier who Was acquitted of the murdr of Henry Hllderbrand trued for attempting the murder of Willie Lynch a boy who was stand- tht near- Rosser when ho shot Illderbrand and.

on whom Rosser turned his weapon. As Rosser has started for his home. extradition proceedings will have to commenced Statten Sie tins elnen Besuch ab und ueberzeugen Sie sich von der hoclifeinen Auswshl in JUe1Oll kostbare Steine solide SthOraFOll gesohilifellos Glas and tieuheiten CM 2 weiche wir getrolien haben. i MAIER WBERKELE VKIa88Jiiwn Geschft 4 WhItehall Street berechp pjchtsJaCTTjf kunifog7Gggen8taeDdetit Wche bei pverworkeiJ- Run Down DrThosHayofCapo May. N.

writes JohannHoffs Malt Ex tract Is a valuable product and In my Immediate hands hero it has done 5 much good service. In one ase I believe it stopped man. an editor of a weekly paper irorogoing rapidly to his grave from wearing of overwork I have prescribed Jkaa HofFs Malt Extract a greatdsil In my pracUce always vlth satisfaction and good results. Johaon HoL Nev York Berlin Vienna. Paris.

DB GBESSS BATTERY AGAIN. Historian Borers' Beport Was Against Claims- of orgt Troops. Toward- the close of an article printed In yesterday' edition of Trie Constitution anent the' meetln of confederate veterans of Atlanta camp No. 159 there appeared the sentence referring to. a report submitted by Colonel' Robert L.

Rodgers on the subject of what confederate command captured the famous DeOress batters- the report tended to how that the Georgians were unquestionably entitled to the credit of the act. This Colonel Rodgers declares was a mistake. Yesterday. In speaking of the matter he said The statement. is rent as to my report which I carefully prepared and submitted to the camp after many times of special postponement.

I desire to be correctly reported and I specially desire to report the truth or history My report of the evidence as to the position of De- Gresss battery and the reported and ac knowledged positions of our Georgia regiments did not tend to show the Georgians captured It. but the tendency of my report was the reverse. The whole of my report ought to be published before the people and If you desire to. properly show the tendency of my report you might publish the whole thing. My duty and my desire.

as an honest historian simply require me to present. facts and not a perfunctory per- Full Dress Protectors For Ladies ever hear pf them or see ay For 1j 4. ladies wearing decollete or full dress gowns they 4- are almost a craze in New York. The first vn I Atlanta now on display. The Gay Co.

4. Five' Per Gent Loans ON BUSINESS PROPERTY. SIX PER CENT LOANS ON RESIDENCE PROPERTY Seven Per nt Loans on Improved Farms HOLLEMAN 5 Gould Buildin Royalfnsurance Go or OSLiVE1tooL. ROCHESTER GERMAN INS. CO.

OF NEW YORK. BARKER HOLLEMAN AGENTS. 408 Gould Building. tornante for perpetuatng fictions of pride simply- because they snag please the ear and flatter the vanity of any. local otganl- sation.

Will you please allow the report to corrected In this way Very truly yours. ROBERT I ROPOERS Historian Atlanta Camp United Confederate Veterans IMPORTANT CONSOLIDATION. Northern Branches of Kansas City Pittsburg and Gulf Made One. New York December 3X President A. StUlwell.

of the Kansas City. Pittsburg and Gulf said today that arrangements have been conduced for a consolidation of the company's three northern. brandies the Kansas Clty and Northern connecting the Cmaha Kansas City And Eastern and the Omaha and St Louis. The consolidation will probably be knbwn as the Chicago. Kansas City.

and Gulf. Trackage rights will be obtained over roads entering Chicago. so that only fifteen miles of new track will have to be Half Rate to New Orleans. Sou hern railway. will sell at- one- fare.

plus i membership fe on December 6th 27th and 2Sth final limit January 9 1839 Rate from Atlanta for round trip 16 S3. On account of the annual meeting of Southern Educational Association You Will Find- It at The Fullest Assortment of. Holiday. Good Things To Eat To Suit All Pocketbooks. XMAS BOXES packed and shipped without extra charge freight charges prepaid on town orders.

amounting to 1000. Extra fine dressed TURKEYS DUCKS QAHE OYSTERS CEL ERY and VEGETABLES. at Aux lary market conducted by Mr. J. B.

Smith. Tile Best Tea an Coffe3 Store 79 and 81 SIGN OF THE COFFEE POT. i This Will Be A Christmas Store This week and full of. everything that's useful needful and for comfort either for men or boys. Everything that can be thought of for them.

to wear indoors or out of doors day or night. excepting shoes No we. don't keep shoes its the other part of their dress that we look after. We try to do this welL We try to be thorough outfitters and good outfitters from the smallest detail for men's and boys' ants up to the largest and heaviest. outside garments Suits and Overcoats- Let nearly thirty-five years' experience speak for itself as to how well we have succeeded.

What We Have Prepared And gotten together would be hard to tell about so many things and so many different kinds' of each thing. Small things have had special thought and attention we know the demand for the many small articles of men's dress for Gifts and have met it You eyes may be good sugjjesters yet we believe if you will look around here a moment you wont find a a single thing missing. Lowering cost without touching quality unless it is to improve it isn't the easiest thing to do but you will say yourself that we have succeeded' enough to give you new advantages. We mention sonic lines just as reminders. Boy Novelty Suits.

Smoking Jackets. Military Capes. Mackintoshes. Boys' efcrt. Jancy Vesta.

Umbrellas. Pajamas. Caps. Tats. Cuffs.

Collars. 1. Neckwear Suspenders. Sbirta Boys' Waists. Walking Sticks.

Lounging Robes. Take Elevator for Boys' Clothing and Merchant Tailoring Departments. Atlanta 17 Whitehall Street Washington corner Seventh and Streets. Baltimore 313 German Street. EISEMAN BROS OUR ONLY STORE IN I7 WHITEHALL I l1NSU mNTnDYo ANrZEur Gl tlR 9L ci nHI I7C xTHtTRIPtlnN' rnUDI1IV tfiJt 1 1 I Ur umrnJ 1t fJrtl JiJf4 11fi.

iD gPreparelhe pofitfu lliJ t' i QJ ciII pjYDCne 1 4il4it Ji" t- lirk fl u. lii CijARGES MADE ifititansolldledls iFor Unesls 1i Ii YlILLCA 8T FIH1 HI 1 iF Co lidated rght i ms c1a.1ma SU Ita t1h lr. thebtntor UnltedSt Uantconllt1tuttng reBBly an contractwhlch monopo 1at aD a7 re pect1ve 1llluch a enta rellPann. le i ae i 4i f111 hs 1ldated Wu- for eltab1labmeni 41 Conso1i4ated norallroad tculat el thlalltate. ch anJ' not' II1thout theretore I CleanBoard at- Judge tiearth Ponse lPde pro eed1np LThat th 6 use ageop 1nterterewlth ConlloU ated.

15. usbigthe madestrenuous aettiethe e. eement. th tl enthe cilldtedtbe ibYe nJ ictionla r. WO diulr.

tjIietruit Mr tl Conllol- 14 4Street kTo Att joneYI. ma an e1ronto have the Ne n01rset. ttiWi eJ Ti eii 1 te oon ldb Jwc w. me aregolng troto ey- they11ullt we' we 1e rellponsa lll ral by' tsquote Int fnrth mp nae. purpotUngto otstreetraJJroad maint ral1rt ads stree thetown a I1.

JXe tI dthat w1th 1 the th orlUbur supremecourt W8 14 car. 1 treet I I 1 eet IIIa1d. ot aO tthJn lIU eqUint g1aThat. eachot 1 40 etU el1 at in. reape Uve ff t1 la a ftl 4t fhattB1e au rlze el ewhere f- iespe tlve ly I men a vo1 wIt.

coIll an1es havehad I fNmtheu- I Incorpor ted should co 3tructed located. I Jd yn. 1 tlt nfol I ter wit That no cB1cU 1ated f. rse lIb Id prior to the pa ge of ratifying. act that the pan bad been formed of organiZ- log the said Atlanta.

Consolidated Street Railway Company end of causing It to ur rail- len golnltllouth IItre the Comp ny COm any tt e' co ting narallel. olonylruat Pur- lIa di- pur. osB lilt the. WelltEnd th tia 1) nds A. I thes a.

1De19tinyyac Jll I ti WJ i Ye7 4. theAtJan Qon IOU4at CompanaUotthdrte1e8tate tracb. T01l1nItock equlpm Dt prop tty otevCryk1Ddand lDei i lJ1 4 eea 4to tocarry OQ thl cre ibuafileu' andal1ot uJdproperueau 1to th fJ eye been by the sai4iAUantatConsoUdated cin i mpany In tox aa1dlIObemefrom tIm uPnead cI i itrni th Ught" 0 ulW1lIeCUJedtoJtulta Or. Wot 1ath. dtrcDtAtlanw repondeneaverthstt 11 otaat4 tacts1rere to I ondaillllUed pjdOJdColoJ1y1rullt bfin7ttw Ort th l.M th aaJdOId ColonyTruat Bjdmortgage atrecte4wlth theBald AtlantaConsol1dated Comp PY.

10 PerpetuateM nop lyf' uponthe tac i tottJe IolaUon of 8Jfdofthe COll an utJ thebuis thert ht C1 tmed lt Cornpanysprings art Com y. Street Railway-Company indefiance It I 111 that purpose. Old. Colony CO to enforce acquired com pan on rHePASSING torerly Savan Pedthrugh Atanta o. ol w1 Crt NeI1 bl- mar Nel Paatc Sto Comp whlc r.

ames Neil poprietr amea Nel' about ffeen yes hsuported aa bt stl year ben ead compa hl- leU. wel baanced Itron stck compa 1 lo egagem nt te Cn- Cntr company's reprtote inclu Itt la. nator Alabma Lr Cume Lotery Lve SclaJ Hihwaya Mot A Ft numbr we kown plays Te cmpa b1 veQ week Nel suppo ted Cre Te Inqtor" IsweU kwn pjaYora th. cunt. J.

Baye AUgBtap nlt leurer though tanta hi' bm afte uecs leturlgto Lu1lana lothwest Baye 1 rapllY' kng. himel In Atoni an Tex twnll ndI Luia Dnes Dreame" adt Mght Sd" enthuiti comeltfom Bare natnal LAd iis pomll slng or1nalty. mete rhyth re peculily Bayel phre whie ils I trlkl elegnce purlr. A lectmer 1 to' Drnea ad Dreaes" Mght Hav Sd' ae dntellt phollophe vad-ue langge proy. peroniy a a mot fancfu rems estEmed rar quatIe chvary wt Is Uer tes.

reenty ben reived lanta Lndn nety pa- phet etted he Gld Felds Soutern Unite S. Kemoe bk i Iustrate enavings llplens qurt nugets wth pictur averal. Ger propres. hl prefl au M. Knn state ha' thorQuh.lnspec- leton wih gar It a cuntr.

ad favoby ipress ha publsed bok hi ene wih delreot Engllh cplt Kermoe gson BY a frt yerexpe nenee prospete lve va. Ana Monta a Cala AUllt11 Aalka Aerica Soutl Aric A felds Buth a prom- everYher ha ever ben seem laren Tansaal Konde ar nt. wt Gra. Aba Clna. KeneB count wa mae jUt abut ao.

horsebck no er Aa norler Gergia norther Suth Caroli Nor. Carolna. pee examing himelf i wel rmembered BetIons Dahone an Ganesvile lI nt seve week ret rne Englan wihut ttng olnkn wht see. cntains oinion ad JUtera goldn H. Newl th Atlant I Norern rroa tr mreretUr yeteryvery muchllrove healh ADJUTANT' log to' SaTt 7 ad WU Opn ren' Selte.

Aduit Pc New York wil. rlve. ty he aoll Salvaton ry In t- lnt Hewl upthe helt LydnearDatu IItret Rv. SaP. Slvatln' Ann Januar Itat Tinity MethOtplopal curch" But.

Ay oneiwlllblnZ nd Chrta 11t' moneyoor ftur tor. sh Bhu14 i adre1 Cpt geUU u- i 1ttre At1J rn ete d. aY1. rPII b. oiJ e.

d. rUi p. lhpe 1 iJ it EREU ISBQGr fN wmL. Ui i' i JOKM UjA tB H1Mr SMOKER 2E' j. 1 1 tM I' Dtnt 1cQ qokrlqi Mef ns Aj tn fo lnrrm no fcP blic EnlelprseJ s- 1 ldl i 1 facUattP mi i SMOKR MEES' ne MfdWi Oe Eet Ct Sn ai :0 Puva uch Atant Me.

ct. I wiUb prposed at cominl be m1n whih o' h. surbr ubiee fuid. Cor a merhnt' asodaton prmouon pblc enterprse a Ic ha a ciy. Te sc asoctn.

Jerants wll me pllnln ublee e1ebraUol whle th event crl a sothly a In dea tme ad' xpnde4 undrking oterie 3 Ln lved. bh man Kmball ner frst Ie. fo lIuh otganzatlon iong merhants wl bfore ge ti nd It pr bable tbe' w1 Ue mea ot startng as cation that woul of benefit Atlant1uslnea I beleve arge by ppecate nee sJlaton many tr epresse hpet at bohemn Imoker nater'-l tae ad in organiation' t1t wl materil Ine cty. Ideaot oraI1aUon ben vance byecretar Mart the sclato ad spkn a idea lrart sd esterdy sems asundertandlg pt somet our popere ard1C bohemin 10ker deide 11 te lIub ommt m1tee aPPited 1 te matec Thebecrlbera w1 Impy remal th treaury' te fhuebl oi ie ep clt mn w1 met purpse seriousy quetons bufless a cti- zen te principl questona wi th organizaton prmanent a8o1- t1n tel eve asocaton. as a- ton Inaugurte terprsesn chaber cm- propJrly tes commerc I al cassel busines prfession- rely Ias rgt te promoton IteretB tt all member alk I Atanta wiing sbscrib arrge I shold ver oJnlon matte lbral lupport lIuh movemet.

se Pec Jubiee wa bn- I lut acelebraton woul greaty beneft mer cants an a tey wld jve I lbral supirt. ommitees. clnvasmg subsrlptol lth prpito lberal 1111 8rpton le made1 te wa earler chant practcly al lt frm cembe unt thf holdays. shall props. of.

matter 6 be hem Ian panent organizaton lnes wbld I- mentoned bleve cln lte fom i inaugrate te mOVA. whentbe merchBnt f01 oper lbject lusslon smoke' wll charactlr oranitn houl Interestnl merch throu h- terrtory. atllfed wih celebraton sme chaacter brne crwd I Atlnta. tmer wl dspse as- lIoaUon i actve thoughout subjet 11 wortP d1ssllon. bo tt propercaacterot zton.

Soker Meet wth Te disPsing thelum lef tm te bUee afer Llgationl 8soUon met was' augge ted bY lbcommlttee apln ed ubeeexecutve commte I wi ns. Itbscbrs. I Te bbem soker wl Lrn ma It t. h. em.

erc ha Ot the. dt. t. O. geth.

ra adlUonto otd1csSn te propled mercanta' aloiaUonthe wil ne te 8 nt. ad enteratng Chrtl aIOI" I I IY etle4 AtQ ey. nt lrO irnp Cet 'e'k 4 te 7eB aTJtla ntenton fth commte Invte ao te me- r. UeG del onln cnesll tgeter witl judgll bnc of' rg1. GONG CURTS.

0. berng yeter3 aternoon th Injunctin lt ainst lan Se Compny WIS 1. po nted Dtle Gain Four ComPY ye teray moring tme ao1 deied credItor te. aaiB a COIpany I wjs taen cours Ul cnvert al Inteestll te credtor. Te larget credior Geore roke Souther Grin CompaI Lwe.

Cmpany Tlman Te asetll mor te b1t ell 0. reiverhip cle Ptng Cominy qalst wa wihdrawn yeterday. member later fnn bUeve good and satll- fed telr ceditors th reeiver was named A Stewar te chareot velct 2 WI yesteray Smih H. Dlda. I wa al- bl DUds daughterd r- le Dlda fathe c1mll Dlda areed taied Aimony obted tle JQlng wte.

Tecaae Spliks agnllt th Oeora rairoad curt w1 tnue SplkB lning 0 deth rl wa kled lyenue trete. tme Anold reprelented tle. plan tl Cmming Sander McDael te defendnt HOL JMORL SVCJ. Atat Honr 1em. or Depaed Members at3 i Marlta.

meorl lIerce wi Atanta Chrllta i reenty deprted mbr. Mr. A. C. Kldl00 rs.

S. A. y. Relatves he deeaed a1 WOIns Chlflan In- lves Cristan Tempernce worker vted HOLDAY CGA. Apprprte Gf Fend Thi Sean.

approprite Christma gV genteman ood cgarsthat II genteman emcl ever gente- I d1fcult tmes don't Thoe lie remembr frends Bi nana Cgar Itreet. :11. thi plae hande lt brand ciars. oneo ciars Ge rgla bt Florda operatng factoz. I i sid Stor sels clgarl tobaco cty.

I sgodls Itelt advrtsement sumclet coe mater ou remembe Crstmall Jle rest 1 of or. CestalI cgarll. youa gt bx 10 or2 cgars. elet Cesta presnt theety geet ad wi reom- tJat c1ss cgar wi frend. R'S IR lRDEw.

Pak Pst Fist te Proositon 2yde Prk POlt of' Republc indorsd resl ent cKlnleys Atanta. declaratlon when-he tederl goverment asist lIoutben Itatell carn orthe de wa telegaphed president Augsta. 01 Hrde frt contry presilentll propositon lG AO CGE de Hav B. Te Ai. Franclco Deembr POIC Les lIa wil have lter.

Tenneslleellolder 1 acqUtt murr Hld rbrand der W11e Lych wal' near' ROSer ldrbrand nd i tue hi weapn. Rsller h. strted tr dlh proceding wmhave StafeSie abJ o' nebneugnjJf ic Vn bohfetnen A bn nfkostbar i 1 SQl4 etwareJ ge hua6n gl Stun Nen ienf 9 jUi eIce Wr. gtrofen hibn 1" l1i i i iTF FMc rl ts 1BER i X' Jc 'fl I. JI I pYJ 7 i.

I- 1tb tVOjG h' hffb. ee A iei Cc' A fJ I. c. I i' Hy lit CJD-- f. ayN 1te Jf' D' 1 tt Pou UQ tWll" i njCjiimy rme hal rLhdone ia lt a' lni.

rcawWtstfaoiadi tr C. 11 oh lof or r1Yenn 1. i GAft mrBir At Cot. Gg Tp. Towar lo8 a artle myellterY8 ed1on CUtuUon.

the metng onted te otAtlanta cmp 15 ere appar seten referrDC repr lub- mlted Robrt 1 Roger on' conte rate cpt red faoull Drel te repor th c. unquestlonbly ed at" Roter i lare wa mte. seaG' mater. sd tCet. rpor whih cefuy prpar.

ubmtte cp atermayUme seia. polltponement delre' coectly spec1y deir I repr histo rtprt enence pOlllton Greas an Iowl ed pitions ou Gorgia ten shw Gols captued I. btt terd mYJprt wal revne. wbo rpor bpublhed bfore pple andlf mYrpr YOI publsh thing. yduty 8mply requie tats.

an i Ful. Pro tee tots Ladies 0 I 1 I ladie weari colete ful dre gos I are amost acme in I York frstevershown in Atanta diplay. t1 I i SIEXCE fven Lans Fal AB ROLK 7 Goul BuldDI LEIL AR BOLL1 067 GUd 1ud1C. mane atng Uootpr 8Impbul maY pleallifthee ftterthe vanly ocanYolocorl- aticl W1you pleaeaUow the rp to. orte ths wayf.

Ver tr your BERT ROph' Hlstorn Atanta Cmp Unite Ce erte' DTA CNSLATOl Norer 1racheofXs. Pttbu ad Mde Oe. Tork Deembr. PeldentA c. Stwel Ks Ct.

itburca Gul. to thtirgments conluoe toraconaoldatonofthe cmpanys. brandesthe Norther nMtng Cmaa Kanss' dEtern Oa St. Lu consoldtion wI prhJ' kw Chcao. Kans a.

Gul' Trackg rghts wl roas eneng Cko. ffteen mUe' wi Hlt Ite NewOlea her rilfway wif lI 1at. one1arec fe Dmbr. tb 2th 2th. lna Umt alagl Atanta 168 Oi.

acount metig ofSuthern" Fucatlonal Asocaton. Wi Hnlt Kauipers e' Te Fulest Asortmenr f. I Al. and shippd wibo Lextra freghfchnrges townordersamouotlng i 100. Exta DUCKSOAnE CEL.

a VEQETABLEScat A larnarke byMr a Cof Stor I Peachfr. St. SICN COFF PT. 1 I ll Tis nd' l. eyerthing tats 1 comfort or.

y. 1. Everting tat t9owear indoor do rs sboes ke th oth i pa teir tat afer. tis wel 0. tr.

outfter goodoutfterfromT te malest deti ns wa to. Jhe heavlestoub de Suits Q1er- coat. thirt-fve yearexpenencespeakfor it la wel w. succeeded A. goten togeter would.

be4ard tel abo t-o tings maIY diferent ting. Smal tings specal ald att we rtemai smal ar1ces' dres Gift. have. Jet su esteryet weRe1 vc wilookaround moment wonff si glc ting ing ostwith uttouch rg' qualt unle 1 It 15f th ea51et. Ingto you.

wI ha es e. gve nrw advantges Ientonsome lne a reminder. 1os' 1ovet Sub. Smokg Jacke s. Cufs.

tr Cpe CoiarL 1. ackt shc3 le kear 10' efc t. Supenders. JancVeas. Nig thri UrbrUL oysWat Paj WaldngStick Cps IotngRbu.

TaeEevat BOY ClotblnJdMerc a i Deparmen 1. ORE S. a i. a dBStr ltmor21 Steetl 4. ISi fN os.

STOREJ" ATINTA1517WHITEHALl tNC i f. ThE QONST1UT1ON TLAITA IA. ww1ESDAY DEOEMBER421 1814. I DATEDORCANIIED ILLEfALLiT r- I JZT CHARGES THE TRACTION COMPANY C1Athuinys king p3rc Copdllys for IDjunchon td CART ght tT7-C1aim3 tnj ncUon he ew I aue tlng en- JIi 11Miifldited as 1 de- I rtthout or use i sde Coin I I fo druff 1leged. Eeek ii I I ernoon nO.

th I thu i partof bythe a i i Goorgia. extend- nd Repondentehows thetline dfthC Rtata I 81 iall pasange thecity the Tru Rallr ad I I cioods for presentation purposes. RatlwsyCompanyall said cari to-time allof ofthe tb the citr of of weredaUy Colonrruzt Trust tecarry as a th Monop ifore- aid o- Ofthe thayight andpayce saidtilegaiultra eor THPASSINGTHRONG Neiitforrnerly f- qdrlty Ida Snator7 t- Augustapoet. I 5j commelltfrOm iI I I I a I I hlterao- 5 tope I aevera 1 Kerm de a goeson I ri 5 0 ot be wa a ii I aroun a Tb Mr. a a 5 Ar eltar New Loyd.

orfurnlture theaheiter ParmarAndaroil Crushe4t Americas OL tOSecia1. Thomas a wakiled barnoa ThUethe ventured cturetehl inl 1. ti ERCHANTS ASSQCIATIONI1LL FORMED BOHEMIAN MoYffient Is on- Fool To Folifi a Merchdnts' Associatian I tth Pioinori n1cprises1 it ORGANI1ATIEJNI NEFOE Plans iIiI Sued Thai Vii Si OH MEETS' I WilIe an plainin s1bI somepi re- purpoaeof to ac Theaubsenibers tion. a a un- ltis year-to At- with Do- proposeas pe nnanent th the It. hifi eatsfied Posslhly tPe wortLp disnureton.

therewill otlons eets sum et Jublheeexecuttv rnongth ii I th be Chr1stmaeason I tha dInn so-he ftbeprtnclpal 1beoccsMon i a i' ofqeorgia. 0 I FlourCompany es chargeof Dild DSplnks su- IAL mbers in' that smokes Cuestasgoode Lde ouen class BydePark Acton Hyde Ofthe 20. Lees rof ae Sb GJaBind BERKELE I Kiasse Juw1en 31 WIrb reehestnichti iteI ate eZ 1eIWerdeei Offenle4en AbeM a Wethnacit-sn a 5. a. I I ed OvCrvdoerI I MSyJW I ii volunbieproduct I aOWfl.

tI I C2C a manan i tc rayc i 4 5 myraotIcc aiwayewith stIsfactIonandgoodreuIt3. 4T1BT itoEoge WaAgthiat Georgia meeting he tog f- ac. it factsand 1 Dress Ladies-ever Per Cant ZARRiIR 4OEO7 Building. tobe orre-ctedtn I. Veterans.

Paesident fora Southern gi fee 9. 11615. 5. extra Mr BestTea adCaff 4. I ThisWi11Be or shoes-it's Wetry thisweIL tryto 4- 1' 4' howvell I tWhatWe so we wontnd Loweringcost isto you 4 4.

Buys' 1 1. 0 I. 1' Beefort. 5. FaucyVests.

Walk1ngStick. re TakeElevator andMetchant C- lAtlants. I. STORES Seventhand LV 1iaIt1mo i ATLANTA 15 Il il.