The Atlanta Constitution from Atlanta, Georgia • Page 9

HON. DUPONT GUERRY' TALKS OF CAMPAIGN Macon Candidate for Governorship in Atlanta Yesterday In a Statement to The Constitution Colonel Gteny Outline Briefly His Views of the Coming Gubernatorial Campaign. Ron. Dupont Querry was In the city yesterday. He arrived here from Mount Airy.

where he had been engaged In legal business. Colonel Guerry left last night for his home In Macon. Relative to the announcement of his candidacy for the go of Georgia. he old I do not wish. at this time to press my gubernatorial candidacy upon the people either on the still hunt' plan or In the open.

but I will adopt the. latter plan In due time. and will freely give my views to the public through the press and on the stump. Inviting my opponents to fair and courteous public debate and bolding myself ready at all times to ac- tept like Invitations from them. have desired.

for the present. to simply give notice of my Intended candida- CY. feeling that it was proper and opportune for me to do so. upon the announcement by Mr. duBtl1Don of his Intention not to be a candidate.

A number of my friends had committed themselves to him before soy candidacy had been suggested and I did not wish to leave them untn. formed as to my Intention. while other aspirants are avowed and active candidates though not publicly announced. Issues of the Campaign. Relative to the issues of the gubernatorial campaign.

Colonel Guerry said In my Judgment we will have a campaign on state questions something we have much needed and have not had for years. The people will be called upon to examine into tat affairs. 1 to make some reforms in them. it they see tit. The minds of the people win not be ilverted or controlled by personal or lo cal consideration.

We have had too much personal and geographical politics too much state dominations too much disposal of offices by those who seek them too much boss- lam. state. count and municipal too lit- tle assertions by the people of their rights and convictions. Part of State Prohibition. Relative to the question of state prohibition.

Colonel Guerry said It will have the highest degree of prominence. but will not be by any means the only Issue on which I shall run. As heretofore stated by me I am In favor of extending the provisions of th local option law to the remaining- wet counties by direct legislation as the best measure of prohibition. and I think the people are now entitled to on abolition of barroms at their smallest measure of relief from the great course of the liquor traffic. Speaking of the corporation plank of his platform.

Colonel Querry said I have no animosity or prejudice against corporations generally or any corporation particularly. As the law creates them. however. and gives them the cower to oppress the people I believe that the law is under peculiar obligation to control them and confine them strictly within their spheres. They should not be allowed to dominate our politics to establish and maintain lobbies and.

all. they shouti not be allowed to press or Intimidate their employees. I am not opposed to corporations. it I am opposed to the wrongs they do. and I am In favor of making them pay ttelr share of the taxes.

Not a Material Factor. Colonel Guerry expressed himself as belle the recent legal fight over the payment of teachers' salaries will not prove a material factor In the ilUber natJrlal race. Our teachers as a rule. he said. are Intelligent and patriotic citizens and thy will not.

from mere resentment arising' from disappointment at the time. be controlled next year in casting their ballots on questions of public measures and for public officials. They and all the people or the state however will acquiesce in the decision of our supreme court. and will seek some plan for the prompt and full payment of teachers' salaries without having to kite or violate the constitution. In my judgment.

some mess- un forcing those corporations and natural persons to pay their share of taxes who are not doing so would produce enough additional revenue for this purpose without adding to the burdens of these corporations and natural persons who are paying their share of taxation. Referring to the probable candidacy of Colonel John H. Kstlll or some other mn from south Georgia. Colonel Guerry said I cannot say that I have an opinion one way or another on this question but I w1ll say this I do not believe any map can now take and fill Mr. du- Ilignons place In the campaign.

As to a south Georgia candidate. the truth Is. the boundary lines of south Georgia have never been laid off or otherwise established so tar as I an Informed. The political geographers seem to have ruled me out of this chosen station without question. whl I am more of a south Georgia man than any discussed.

I was born and reared In Sumter. end lived there and In Qultrnan for nearly forty years. All questions of locality are raised In the Interest of candidates and not In the Interest of the people. As to the time of opening his campaign. he said then I think the people are ready for the campaign I will be ready for them.

I cannot now say when that will be. JJRANTLEY AS A CANDIDATE. Brunswick Suggests Htr Congress- man for Governor. Brunswick. Oa" July 18.

Since the announcement by Hon. Fleming duBlgnon that he would not be In the race for governor this tall the people of Brunswick who are anxious to see a south Georgian In the statehouse at Atlanta have directed their attention to Hon. William G. Erantley. member of congress from this district No man In till section of the stat.

more highly WOMAN'S BuLlING WILL BE REBUILT Plans Ms Kiw Being Pupated by WORK TO BE CONVICT LABOR New Structure at Prison Farm May Be Built of stone. INMATES HAVE FINISHED FARM WORK Commissioners Expect To Hake as Much Cotton as Was Realized Last Year. Plans are beln prepared by th state prison commission for the new woman' building at the prison farm near Mllledge- vllle to take the place of the one destroyed by fire last year. The crops at the farm are practically all laid by and this will enable the commission to employ as much convict labor as will be needed in the construction of the new building. Work on the new structure will begin before August let.

and while the general plans have been agreed upon the commission has yet to decide whether the build- Ing is to be of stone or wood. It will be possible to ret stone In the neighborhood at practically the same figure as wood and for this reason It Is very probable that the new building will be of stone. The woman's building will cost in the neighborhood of 84000 and will consist of two stories one a duplicate of the other. There will be one large room. at least SftxSO tee to be used.

as the sleep log quarters for the prisoners. The conveniences not often found In prison build. ins will arranged for by the commission. Since the destruction of the woman's building the eighty odd inmates have been tenanted In temporary quarters built on the ruins or the structure. The quarters have Just been sufficient to protect the women from the elements and the commission desires to have the new building completed before next winter.

The actual labor will cost the" state a small sum as the prisoners beginning with August. will have little or nothing to do on the farm. since the crops have been laid by. Chairman Turner of the commission stated yesterday that while the cotton crop at the farm was behind a is all over that portion of the state that It would toe very good unless the present drought continued for some tune to come. Last year with the land partially cultivated the commission realized over 280 bales of cotton from an acreage of 600.

This year the crop will be better from all Indications although the members of the commission will hazard no estimate of what it will amount to. Recuperation There Is not so much in the ordinary vacation as there Is in a single bottle of Hoods Sarsanarille. which refreshes the tired blood sharpens the dulled atipetite restores the lost courage. Take Hoods Sarsapartlla this summer. regarded than Mr.

Brantley. His ca- rear since he entered the legislature In the early SO's has been carefully watched by the people of south Georgia and has been a source of pride to them all. As a congressman he has won friends and since Mr. duBlgnons retirement his many friends have been using his name In connection with the nomination. So far Mr.

Brantley has not been seen touching the candidacy his friends are suggesting but In the meantime his friends are formulating a call upon him to enter the race. If you have no appetite for your meats something Is wrong with your digestion liver or bowels. Prickly Ash Bitters cleanses and strengthens the stomich purifies the bowels and creates appetite vigor and cheerfulness. TENT MEETING CONTINUES. The sropel tent meetings under the auspices of the Central Baptist church have progressed despite the excessive heat or some days and the wind and rain of ethers.

The tent has sheltered the large crowds which are attending and under the powerful preaching of Rev. JtHl T. Jenkins numbers have professed conversion. The meetings wllL continue this and next beginning every even- lug at 7:45 o'clock. 2155 Detroit and Upturn Via Southern Railway.

Aecctunt convention Brotherhood of St. Andrew. Southern railway will cell round trip tickets at above rate or July 22d. 71 and 2Hh final limit August ltth on deposit. A Et lendld opporU-nlty to take a cheap trip to the great iake region Buffalo and Mia Kara Falls.

eothrrn railway the direct line. Many hours quickest. Brooks Morgan D. A. Atlanta DECISIONS OF THE SUPREME COURT discretion In overruling the motion for a new Ulsl.

Judgment affirmed. Alt concur. A. Hatcher and I Kent. for plaintiff In error.

J. 1. Terrell attorney general and B. T. Rawllngs.

solicitor general contra. 614. Williams v. State. Before Judge Harris.

Carroll superior court. Simmons. C. J. The evidence against the so- was entirely circumstantial and.

white It rsisd a suspicion of hi guilt was not uffl. cleat. though Inn Its strongest intendment sgatnst him. to exclude every other reasonable bypotbesia. It was.

therefore error to refuse a new trial. Judgment reversed. AU concur. Talbot Smith. S.

J. Boy kin. and Oscar Reese. for plaintiff in error. 3.

M. Tonsil. attorney general. T. A.

Atkinson solicitor general. and S. Holderness. contra. 615.

Graham v. State. Before Judge Adams. City court of Dublin. Little.

J. No error of law was complained of the evidence sustains the verdict the newly discovered evidence merely cumulative and does not authorize the granting of a new trial. Judgment affirmed. An concur. Howard Armlstead.

for plaintiff In error. F. O. Corker. solicitor contra.

616. Lane T- State. Accusation of salting crop under lien. Defer. Judge Adams.

clay court of Dublin. Fish. J. The only grounds ot th mottsft Marthy Yelled. By the thick tangled wool Was Marthy held With a yank and a pull And Marthy yelled.

He Had Been Balding. In making roost raids He had been aiding Keyed cop and then got pulled A Gander Polling. These two between them had a And they were both belated For them the chalngang will have use The goose was confiscated. Hazard Jones was what he called himself but he vowed he never played at any rarce of chance. His wife limped to the front arid she had a bald spot on the top of her head In the place where the wool ought to grow according to the son about Old Uncle Ned.

The arresting officer stated to the re corder that he had heard Marthy Jones yelling six blocks oft and upon her statement he had pulled Hazard. Dats rite Jedge Bruce. stated Marthy. I sho did hotter an' do reason oh hit woe dat Hazard yanked me erbout by tie har tell man' pull met pellIt up ftu tie roof ob met mouf. He seems to have unmoored patch remarked Recorder Broyles.

Dat hulEsS spot am whir Hazard cotched his las' holt. said Marthy. Well Hazard said the recorder to the prisoner you will have to explain to us why you played the Delilah with tarthy and made her yell so loud that a police- man couldn't sleep on his beat. Jedge Itches replied Hazard solemnly I war jest er larnln' Marthy sum manners. She rejected tee caltin' me Mister Jones In cornny an' I glbbed her hat or tech er so let her know dat I wus still followln" de Scripture whut sex tie hosbarr mus' be de head ob de famIy You cant pull the wool over the eyes of justice.

Recorder Broyles told Hazard and I will fine you 175 and a. wool match Is sheep at that. I know- you think you are a- lamb led to the slaughter but you will have to be sheared of 1673 or go to the pen for thirty days. for a new trial being that the verdict was contrary to law and to the evidence arid tire evidence being amply sufficient to sustain the verdict the judgment of the court refusing a new trial Is affirmed. An concur.

ward Arutistead for plaintiff In error. F. O. Corker. ollcltor.

contra. 617. Pyne v. State. Practice In the supreme court.

Little J. I. When one who Is dissatisfied with a judgment rendered In a trial court seeks to brins the same to this court for review by a bill of exceptions in which does not specify as material any portion of the record no part thereof should be sent to this court by the clerk of the trial court nor wilt the plaintiff In error be allowed in this court to amend hl bill of exceptions by Inserting therein a specification of a portion or all of the record and thus make valid an unau- thortZd set already committed by tire clerk of the trial court In sending up a part or parts of the record. Rattles v. Lovett 85 Qa 620 Alexander v.

Williamson. 88 Os. 13. 2. Where a bill of exceptions containing a recital that a copy of a petition for re o- ran la thereto attached.

and no such copy Is In fact attached to the bill of exceptions Itself. and only appears In a transcript of th record Improperly sent to this court In the manner above Indicated arid where such bill of exceptions contains no assignment of error except the overruling or the certiorari. It la fatally defective. and does not properly present any question for determination by this court. Writ of rnr dismissed.

An concur. S. M. Johnson. for plaintiff In error.

W. E. Thomas solicitor. contra. 618.

Western and Atlantic Railroad Company v. Slyer. Action for damages. Before Judge File. l3artow superior court.

Lurnpkin P. J. I. A mere statement Ih brief of evidence that the plaintiff lntro lued In evidence the mortality and annuity tables in the seventieth Georgia report" does not authorize this court to take Judicial cognizance of tire contents of the tables published by the official reporter as an appendix to that 2. The right of the plaintiff In the present race to recover of tie defendant was clearly established and It does not appear that th verdict was excessive.

Judgment affirmed. The other justices concur except Stmnone. C. P. and I Lewis 7.

Courts take Judicial notice of the standard mortality sf1 annuity tables. without pWof. I Or. Rv. 16th ed.

6 17 Am. and Enf. Enc. L. i2d d.

900. and cases cited Bradner. Ev. IS. and Am.

notes Thayer E. 308 et se i. Where therefore. the record disclose that certain standard mortality and annuity tables. found In 70 Oa.

Rep. 844. were Introduced In evidence. and the motion for new trial complains of a manifest error committed by the trial Judge against the plaintiff In error In his charge to he Jury In reference to the use of the tables. but the brief of evidence does iot contain copy of the tables used on the trial.

this court should not. merely because the tables are not copied In the brief of evidence refuse to consider the error. and. as a result of so doing affirm the judgment but should take Judicial notice or tire tablet anti re verse the Judgment denying a new trial according to the decision In Atlanta R. Co.

v. Smith. 94 Qs 107. Under tire ruling of the majority the plaintiff In error loses its ca. because It flied to bring up In the record a copy of a set of tables whose contents the law presumes the court to- know and a to which.

It It has forgotten them It can refresh Its memory by reference to them a published In It own reports. Payne and J. M. Nee for plaintiff In error. ldurtni Smith end Albert 8 Johnson contra.

819. city' of Parneeslite et el v. Murphey et al. and vice versa. Injunction.

Before Judges Reason. Pike superior court. Lumpkln. P. J.

I. Under a legislative provision declaring that the municipal authorities of a named city shall have the power anti authority to regulate alit control the sate therein of spirituous and malt liquors wine sOd elders for medicinal mechanical and sacramental purposes rely such authorities rave no power to embark the city upon Its own account In the business of buying and setting spirituous or other liquors. 2. When any decision rendered by a trial court Is under review here and Is to be paswul upon by the court as a whole and the six Justices are evenly divided In opinion such decision stands affirmed by operation of law. Judgment on both bills of exceptions affirmed.

Alt concur. W. W. Lambdln 3. F.

Redding and Estes Jones for the city St al. A. A. Murphey and C. 3.

Lester contra. 820. Lamar administrator. v. Gardner et a I.

Equitable petition. Before Judge Spenc Decatur superior court. Simmons C. J. I.

A motion to dismiss writ of error upon the ground that all the evidence was not brought up In lull to this court will not sustained where It appears that the judgment complained of In the. bill of exceptions was the direction of a verdict based on the plaintiffs failure to Introduce certain specified evidence. 2. Slnc" th act of 1828. which requires in executor to administer the undevlsed as well as the devised estate of the testator and tins enlargement of that act by the adoption of the cod.

so as to extend it provisions to an dmlnfetrator with th will annexed. it is ot Becesoarr. la an action by su executor or administrate to teoover land is put of This Is a case explained an officer when Anson Johnson stepped to the front of a double violation of the law. A compound infraction suggested the recorder. Anson7 continued the officer has long been a sort of roost raider.

lie and a chum made a haul a few nights ago and. then Anson disguised himself as a policeman told his partner that he was a special Darktown cop and In that way got all of the chickens. Anson Is a feather wait champion. remarked Recorder Broyles. After raiding roosts Ito went to masquerading.

How about that Arison Nebber meaned no harm no moren a new bawn babe. replied the prisoner. An ex fer stealing chickens dat am er on erglnst met kerrecter dat sum body is jjwine ter be called on ter proob In cote ob Jestice. It Is against the law to play pollee- man the recorder told Anson. Dark town baa enough living curiosities with out a policeman freak.

fur now. exclaimed the prisoner In dismay. Ice sho pot In er mess dlsser time. Ennybody kin play lak he am vr ntgger but er nigger onus' Jest be er nllger "I'm going to let you off light this time. said the recorder.

Zis a. feather weight is also a light weight. Now don't go off and crow because I fine you only J375. Try to bring yourself to believe that chickens have teeth and mtght bite you and you will be safe. Gwtne ter dodge er roost late hit wus plzen.

said Anson. And remember continued the recorder that a policeman Is too sacred a thing to be Imitated In Crooked alley. tire testators estate for the plaintiff to Introduce the will in evidence In order to show his right to recover or to show that the land sued for we. devised In the will. The eases of Sorrll v.

Ham Us. 55. Mays v. Klllen. 56 Os.

627 and Horn v. Johnotan. 87 Ga. 448. reviewed and overruled.

3. It not appearing that the plaintiff In the present suit or tlu utter whom he claims were parties to the former suit In regard to th land Involved. It Waj not error to refuse tp admit evidence as to what ls were passed upon In such former suit. Judgment reverse Au concur except Cobb. J.

who Is d. Towisend Westmoreland for plaintiff. Dower Bower for defendants. 621. St.

Paul Fire end farlne Insurance Co. et. al. v. BrutiOwlck tracery Co.

Garnishment. Before Judge Sparks. City court of Brunswick. Fish J. I.

On who flies a claim to a fund In tire ltancs or a garnishee and who dissolved the garnishment was a party to the Issue formed by the plaintiffs traverse of the garnishees answer and upon th trial of uh an Issue It was erroneous for the court. In acting upon a motion of the plaintiff to separate the parniehees witnesses. to exclude the claimant. over her objection from the courtroom during the trial. 2.

Admissions made by a party to a ease en trial. In Pleadings filed by such party In previous litigation with others ar It relevant to the issues In the ease being tried admissible In evidence. 3. An assignment of a policy of fire incur- anne must be in writing. 4.

Where a husband conveys property to Iris wife for tire purpose of defrauding his creditors. and she subsequently has the same Inured for her own benent and a loss covered by the policy occurs tie Insurance company. It In any event liable to the husband for such loss certainly Is not liable It It Issued Us policy In Ignorance of the fraudulent tress' action between hlmand this wife anti hence cannot. In such a case. by garnishment be made liable to his creditors.

ludmont reversed. Alt Our. Owens Johnson A. D. Gals for plaintiffs In error.

Krause Franklin rostra. 622. Malone v. Adams. Before Judge Lumpkin.

Fulton superior court. Lumpktn P. J. I. It Is.

on the trial of an Issue of devlsavlt vsl non. competent for a cawatrlr to support a contention that she was the next of kin of the decedent by proc. log declarations to that effect matte by him while In life. This ease Is distinguishable from that of Oreene v. Alrnand 11 I Oa.

35. 2. Tire Instructions wlh respect to undue to- ituenc were not unwarranted anti the finding of the jury was sufficiently supported by tes umoni' Judgment affirmed. An concur. R.

J. Jordan. for plaintiff is error. Arnold Arnold and Abbott Abbott con tra. 623.

icott v. Maddox pt al. Before Judge Candler. Deltatb superior court. Cobb.

J. I. White in a proceeding to es tebliah a lot will the execution of the will must proved by the three subscribing wit nesses as In an application for the probate of a will In solemn form the destruction or loss of the wilt anti the facts necessary to re but the presumption of revocation by the testator roar be proved by oth evidence. 2. When a will cannot be found after the death or tire testator there is a strong presumption that It was destroyed or revoked by the teitatw himself and this presumption stands In tile place of positive proof.

He who seeks to establish a lost or destroyed will assumes the burden of overcoming this presumption by adequate proof. 3. On tire trial of an application for the probate of a copy of an alleged lost will tire declaration of an heir of the decedent to the effect that an original will had existed and that she had destroyed the same 1 not. unless the deelarant he a party to the proceeding admissible In evidence In favor of tire pro- pounders. Under rued circumstances th lc' leration Ii mere hearsay.

Were the heir a party. It might be admissible as an admission binding upon r. 4. An exception to a refusal to allow a witness to answer a specified question presents Ito assignment of error with which this court can deal when It does not pear what answer was expected. This Is essential la order that tire relevancy and materiality of tire Question snag be passed upon.

nent affirmed. All concur. 3. St. Glenn.

H. C. Jones and Green McKinney foe plaintiff. Candles' Thomson for defendants. 624.

Planter. and Peoples Mutual Firs Association of Georgia v. DeLsach. and vies verse. Reface Judge Evans.

Tattnall pup. pellet' court. Cobb J. I. When a bill of exceptions properly certified purports to set forth evidence material to th oonnWeratlon tb error complained of.

the assignments of error therein contained will determined solely with reference to the evidence therein set forth unless additional evidence Incorporated In a brief thereof and med. a part of the record Is duty brought up In a manner provided by law. Th foregoing Is true. notwithstanding that in a cross bill of exceptions In the cue there an averment In effect that certain material evidence has been omitted from tile main bill of exceptions. and the alleged omit ted evidence Is set forth In the cross bill of exceptions.

2. A writing In th form of a policy of fir lnaarane. wm sot constitute vane con- Now John Knox and Ed Cole said Recorder Broyles to a pair of Darktown- Ites. You have heard the" officer state that he found you at 1 o'clock et night with a goose and you were both trying to ret the bird. We would like to hear from you about the gander pulling.

John Knox buyed dat goose from er oountryrnun In er waggln. stated Ed Cole. John smiled anti said ho would tell the truth. I doan know nuttlrf erbtyut tie ol goose he said an tie fuss time I seed hit ernudder nigger woe sellin' hit tsr Ed Cole. I leant Ed de munny tar buy de goose wld an' dat wus tie rason us wee fussln' ober tie goose when tie perllce cotched us.

Two different songs the recorder re marked and they are both Mother Gooses melodies. Why don't you tell the court out of whose yard you stole the laird Or you might have explained about the goose trying to bite you and you having- to bag it. in self-protection am afraid you are both as slick as goose grease. ut I don't wish to be down on you although you both ought to be put i a plllowry- Mr. Officer where Is the goose Down stairs In the ty pound the officer replied.

Then the goose Is conilsoatal and Ed end John will go to the city chalngang for ft. month. I would very much like to know from whose hen" roost that goose was taken. looses loan roost suggested Ed Cole. The court stands led.

Tutfge Broyles said "I'm not up on gvtoseoogy but" I believe laying low Is characteristic or their sell. tract of Insurance when It Is not at the time the contract therein purports to go Into effect executed by one authorized to execute contracts in behalf of the alleged Insurer. 3. The mere acceptance. by the person de scribed In such a writing as the Insurer of a um of money as an assessment or premium will neither have the effect of render- log valid tire unexecuted writing nor of es topping the alleged Insurer from making the erne that the writing was not executed by any one authorized to act In Its behalf when It appears that the assessment or prem' lam was accepted In Ignorance of the fact that the writing was not executed by one.

autitorisel at the time of Its delivery to act In behalf of th- Insurer anti that upon the' dlscrvery of this tact the Insurer promptly repudiated the act of the person' who had tie- llverplthe writing and returned to the person ctaning to be Itisured all of the money hlrh trie Insurer or Its authorised agent had rrcelve from him. 4. Although the rules of an association provide that litigation shall be conducted for the association by the president. together with a majority of the directors. on who Is the plaintiff In an action against the association which Is defended by a duly licensed attorney at law will not lie allowed to raise the question as to whether the defense la conducted by the officer required by the rules otherwise than by calling In question the right of the attorney at law to nape In behalf of the association.

The presumption Is that the attorney at law has tire authority of the proper officers of the association to appear and this presumption ran be overcome only In the manner provided In Chi Code section 4423. Judgment on main bill of exceptions reversed on cross bill affirmed. All the Justices E. J. lies and S.

K. lOses for plaintiff In error. l3urkhaller and Morgan contra 626. Brlghm et at. v.

Brigham. Tears support Before Judge Henry. Burke superior Simmons. C. J.

tpon the application of the heirs at law. the lands of a deceased intes- tat. were appraised and divided under section 80 of the Civil Code. By tire judgment of the court the heir drawing a certain lot was required before taking possession to pay a named amount of money to tile other heirs to matte them equal. Tire heir was already In possession of the lot set apart to hits and was allowed to remain In possession upon giving notes to the others foe this amount secured by mortgage upon his lot.

Subsequently hp died leaving the notes unpaid. lie widow applied for a years support and all of the lot was set apart to- her whereupon the mortgagees filed a caveat to the return of the appraisers setting aside the years support. Held that the mortgage having been given upon the whole lot for tire purchase purchase money mortgage and that the right of the widow to a years support In tile lot was Inferior to the lien of tie mortgage aol ton Judgment reversed. All concurring. Johnson and Fullbrlght.

for plaintiffs error. P. H. Jones end tAwson and Scales con- 626. Honey v.

Tutt. et at anti vice versa Itjectment Before Judge Brlnson. Rlph- mond superior court. Simmons. C.

J. I. If a defendants proper. Is' be sold under a void Judgment and exe Cutlon and sin with legal Settee of all the material facts. receive from the sheriff and retain a portion of the proceeds of the sale this amounts in law to a ratification and she Is bound by the sale.

2. Under the tact. disclosed by the record the lee did not err In granting a suit. Judgment on mainbill of exceptions affirmed cross-bill dismissed. All concurring.

B. Pt. McCowen for plaintiff in error In main bill. W. K.

Miller and C. H. Cohen. contra. 627.

Portwood St at. v. Huntress guardian St at. Refusal of Injunction. Refuse Judge Rrlnaos.

Talafe ro superior Pour Lumpkln. P. J. Where one person Is Interested In maintaining against several a' contention or contentions. which they have a community of Interest In resisting or several persons have a community of Interest In maintaining against one a contention or contentions which he Is Interested In resisting or there are several who have a community of Interest in maintaining a contention or con.

tentions against several who have a com munlty of reteresi In resisting th same and such contention or contentions la or are In solved In two or snore pending wits equity will consolidate them anti bring to trial In one action the disputed Issues. But this Will not be done AS to rape the consolidation of whlh would bring about a promiscuous struggle in which ponies on one side with no suoh community of Interest a to when tile one point In controversy. when only one. or In all the disputed points. whn there are more than one would be compelled to litigate with another or others.

The petlMon In the present case was not. as against the special demurrers thereto. maintainable end consequently there was no error In denying the Interlocutory injunc. ion. Judgment affirmed.

AU concurring. Cloud Jennings and B. H. SIbley for PA. H.

Davis and W. O. Mitchell contra. 828. La Pierre v.

Webb et at. Exceptions to auditors report. Before Judge Estes. Stab- ershim superior court. Cobb J.

I. An amendment to petition THE MOST BEAUTIFUL MADE ELEGANT DESIGNS. A COMPLETE ASSORTMENTS From 19 to 400 Each' Playing Any Number of Tunes. No Limit. All the Popular Music.

Automatic. Self-Feeding. COME AND HEAR THEM. PHILLIPS CREW CO. 37 PEACHTREE STREET.

Yesterday was the coolest day In Atlanta since June 14th. The highest temperature was only 837. This Is the lowest maximum that has been recorded any day this month or last month since the 14th. On that day It reached but 82 degrees 17 degrees lowtr than yesterdays mark. On July 9th the average temperature for the day and night was lower than yesterdays because the minimum during the night was lower.

Yesterdays lowest was 69. mean 76 while the normal was 90. Atlanta was four degrees cooler yesterday than she had any reason to expect. Cloudy skies and occasional showers contributed to the low temperature. A heavy rain from 6:90 to 8:45 a.

m. regls- The effect that the weather has upon many lines of business Is much greater than the casual observer would suspect. Some lines or business reap their best harvest under a scorching sun and make money If not hay while the sun shines hottest. With humanity Buffering at 100 In the shade for instance the Iceman coins money enough to- live easy all through the winter. But the man running a coal yard doesn't look at It that way.

What one mans meat is another mans poison may be said of the weather its its effect on trade as wen as a great many other things. Soda fountains ate of course conspicuously popular places on warm days. Strange to say though. said a White hall street proprietor. on extremely hot days the trade falls off instead of Increasing.

Most of our patronage is among ladles and when the weather gets beyond a certain point they do not vent- UM out shopping as usual. or else they start down early In the morning before one has an appetite for sweets or Ices. No scorching weather Is not good for our trade. The best time for us Is average summer weather. fairly warm but not hot enough to keep people oft the streets.

So far his season the weather has been propitious and business flourishing. The most popular time of day for the Whitehall street soda fountains and Ice cream parlors Is from II to 1231 In the morning and from 6:30 to 6 In the after- noon. after the matinee. The heaviest business is done at that time. At the fashionable Whitehall street stores pr two-thirds of the patronage Is of women.

They do a tremendous "table trade" and in that respect differs from the ordinary soda fountain. A counter trade" Is regarded as more desirable because It Is so much toiore profitable. The patronage Is largely men. A half dozes men will drop In and get a drink standing at the counter while one woman. or an ordinary couple are having theirs served at a table.

Tho time and trouble of table service la also an expense. Women are generally seen eating Ices sherbets. Ice ream sodas. Ice cream and the sweet drink They order a great many lemonades. The maraschino cherries served In lemonades catch the children and even grown ups find a diversion trying to fish for them stick lash- Ion with their straws.

We serve claws with every kind of liquid refreshment that can be Imbibed that way. said a- progressive knight of the white jacket behind one marble counter. There seems to be a sort of fascination to people generally about taking cool things through a tube. You can give people most any old thing through a straw and they will like It. The night trade these warm evenings is quite hey at the places which keep open.

Between 8 and 11 the stores are thronged with people who stop for some- brought by one In his Individual capacity. nuklng sjUgTltion and a kln fur relief which would be Appropriate to tbs plaintiff In a representative capacity. but not as an Individual Is properly disallowed when there otter to amend the petition by making tire same one In tire name of the plaintiff In a. representative capacity. a.

A Judgment overruling a demurrer to a foreclosure proceeding fll against a person In tooth in Individual and representative capacity and which had no right to create tug lien la conclusive upon the mortgagor both as an Individual and In his representative capacity. Judgment affirmed. All concurring. W. T.

Crane T. S. Dean and Robert McMillan for plaintiff In error. II. It.

Ptrry. C. I. Bass. 3.

B. Jones and 3. J. Bowden contra. 629.

Adams et al. v. ttlame administrator. Equitable petition. Before Judge Estes.

White superior court. Cobb. J. I. An order for the sale of lend duly granted by tire ordinary cannot collaterally attacKed In the superior court on the ground that was granted upon Insufficient evidence.

2. Where such an order was for tire sale of a reversion In realty after the expiration of a widows dower. and before he sale took place the widow died the order constituted author. tty to wll the fee. 3.

It is not ground of objection to an an- swer filed by an administrator to an equitable petition which- waived discovery and preyed tot an accounting and settlement that the answer did not has. attached thereto a. schedule of the. returns of the administrator. 4.

Wh44 on the trial of an equitable pelt- tlon against an administrator for an account and- settlement the plaintiffs by affirmative proof chanted him with the receipt of assts the snare fart that the evidence offered by then showed that he sad previously obtained an order for th sale of realty or the purpose of paying debts ild not entitle him to tile grant of a suit. On such a state of pleadings and evident'S the plaintiffs would bare been saflUed to recover. Judgment reversed. AU tile Justices concur. O.

S. Kytle and H. II. Dean for plaintiffs in error. I.

Oaks. contra. 630 Plrkle et al. v. Cooper et al.

Equitable petition. Before Judge Estes. Hall- pups- 9. 3. An datnUtrater who tered 69 inches.

Must of that amount fell during the last hour and a half. Several intermittent April rhowes with the sun shining brightly occurred during the afternoon and a heavy rain started at 6 p. m. lasting until 8 o'clock. Today is forecasted partly cloudy with occasional showers.

So tar July has averaged 17 degrees warmer than the normal every day. Up to noon yesterday there was 127 Inches shortage In the normal rainfall. If the average 490 Inches for July Is to be reached this month conch- erdble rain may be expected from now on. Crops ore greatly In need of It. Every thing Is affected by drought.

The show. ers belnz- only local. do little general good. Extreme humidity yesterday made the heat. though moderate seem oppressive.

TRADE AND THE WEATHER MANY LINES ARE NOW DULL. thing cool to drink when they are out to ride on the ears. The average or five- cent drinks. said the soda water man Is about third over ten and fifteen cent drinks. Lithia water Is one of the most popular stand art orders with both women and men.

On a high watermark day' a Whitehall street soda fountain served nearly 5000 persons. Another proprietor nearby Bays 1301 Is a good average. Competition in he same block instead of injuring trade said one these proprietors seems to Increase. It. as our patronage is largely of women who hesitate to come in twice close together.

but go to another place and get a drink and come back ae ain later on. There lx a good deal of demand lately for drinks and lees flavored with claret brandy- etc. but we do not encourage that line. The candy business falls off In summer always about third. Sweets are heat producers and the appetite does hot.

crave them so much In. warm' weather. The commencement season in town stimulates the trade a little temporarily. Out of town trade at the various resorts Is good and helps the general dullness in the candy line. People don't eat so much meat either In hot weather animal food" produces heat and Is regarded as rather too heavy diet for summer.

Vegetables and fruits being In season there Is plenty else without much meat. Fruit stands and street venders do a good business in hot weath. er. Fish markets are having a dun season though better than usual ntthis time of year. Their hid' trade is in soft shell crabs which' are used in summer instead of oysters.

rewerles flourish this kind of weather. Their sales double on warm days. Ex treme heat. the same with the soda fountains is not an advantage to casual saloon trade. Whisky Is In little demand now which cuts oft a great source of profit to the barkeeper.

From April to October Is a good beer season. The street cars do a very heavy bud- ness In hot weather. They catch both the pleasure seekers riding to keep cool and busy people who use thes-ars to keep. out of the sun. On warm days the in crease Is easily 80 per cent over the Ordinary travel.

Regular merchants of dry goods. milli nery etc. find this an off season aside from the weather. Trade is expected to be light In the- nature of incidentals. stuffs fur cooler clothing.

cheap outing It is the natural lull before Tall buying. due to the season rather than to the weather. Resturants and eating places fall off In receipts. People do not eat so heavily when It gets hot and usually light dishes fruits. ices.

cold drinks etc. Florists never expect good trade" in summer. Funerals and weddings are their only source of demand. Few cut orders are called for. Handsome flowers are not In season here now.

The time of the American beauty violets chrysanthe- mums and orchids Is the florists harvest. purchases property at his own sale must take an the legitimate consequences of an election by heirs. duly matte to srt the sale suds- anti the right to exercise such election cannot be defeated becaus of the Insolvency of the estate or because on resale the property would bring lets than at the flrst gale or be cause tire administrator in ood faith believing that the sale to himself would allowed to stand used his ewe money in discharging indebtedness due by the estate. 2 That au administrator procured a creditor of his Ontestata secured by a deed to land to allow the same to be sold by the adminis trader free from the lacumbrance of the deed. If a beneficial arrangement operated to th advantage of tire heirs but not that of the administrator nor could ruch a' transaction defeat an election by heirs to annul a sal thus hal when th administrator became' purchaser theroat.

3. A general averment that heirs or members of the family" of an tntertate eon. tented to a given arrangement does slot mount to a clear and unequivocal allegation tha the plaintiffs In a rartlcuJar action woo are such heirs so consented. 4. It Is not erroneous to reject- U.

Irrelevant testimony which does not throw light upon any is mad by th pleadings la the case on trtil. D. When an amlnlstratoTs to himself la set asIde by a court the annulment cannot be partial. It must be complete but those only are affected th Judgment and' lit- consequence who ar before ti courtwh It is rdered Judgment affirmed. All concurring.

F. St. Johnson end W. H. Hammond for plaintiffs In error.

Dean Hobbs contra. 631. Penitentiary Company 2 Rountree et al. Complaint. Before udge Erans.

Siteseauel superior enact. LumpkJn P. J. In view of the provisions of the act of February 25. 1878 to rejrolats th leasing out of penitentiary convicts.

ate. contract entered Into while that statute was of totes and contemplating that convicts should employed In conducting a saw mill owned by a private citizen and operated on hl premise meat treated se contrary to- public policy and therefore not Judgment affirmed. All concurring. Williams WllUtms. for plaintiff in error.

5. 35. Saffold. onlrs CAMP AIG A shipin 1 I Will ASK 1011 A DISCUSSION Of ISSUES Brien en can ldacy org1a said I peop e. the hunt' lan Ut on torm ld uee ed tate Ah 10- al too As the st sa Id 1 OppO Gu rry fi ht rul ca tl ng' a 1Ints ThE' an o- dect lon prom I I I sa an ma clln 1ldate Establls ed.

cho en al I t' I aan arQ It err I an sa 18. opLe se euth Gorgin i sttehous hve dicte attenton Hon Wim Bntey membr cn frm dtct. to fW 1 Dgn 1 ftc ig o. fi Ic 0c BlILDING Ia II Beig Plpued Stte Prn mlslon CNVICT LBOR Stct Pso Fa MT ult Se INMAE HVEANISHEb Comminione Mae a Co 1e Lst Pn are blnl st3t8 prlf cmmisson bu1dl a prso fa ne Z11tdg 1le te pla OI detl fre yer. Te farm prctcaly al cmmsso a muc cnvc labr w1 nted cn truclon to b1dlng.

Wok ftlture wi Auust and whle ben aee un. te et decde buld- sone o. I wil posble mhbor- hd prctiCly sae fgr wod raso II ver prob tha bulding 11 Ie stne. Te bu1dlng wi cst nEghbrho 40 Wil cnsist stoes. Tere wil larg rom lat 3 I te Il quare vnsoner Te enienC oten flund psn bld.

I wl age son Sinc des ton Wmans buldlng te od bn tempry quaers buit trctre. quarcr bEn com mlsson des re buiding atual lar Wil cst thestate I smal proner. beginnig AUllt Wl lte far lc cp have ben Cairman Trner 6tatd yesteray wh coton crp th behind 8 prtion woul ver goo unles dT contnued cme. Lst wih Iand prtlaJy cultiva te cmmission reized 2 bles ae 5. w1 beter frm al Indlc- tQnl.

mener th msslon wt ha rd estate wht vil RecupertIon Te ordina vacaton a a botle Ho's SaraTarla refreshe te tred bloo Iharn I duled aoptte rstors coure. ake Ho's Sarsparill thl rgaed' Brtey. c- rE' sinc legislatur B' caretul popl Iouth Qrla ben prid al. congEssman ad lnc retr- Connecton Brantey ha bEn SEn Iugtlng meantme ar forulating cl apete ur somethlnl wong dlge to Pckl Blte an streniens stomlh Prlrts bwels ctes apptite. cheerlness.

po pel meetngs un er th' ausplce. Centra he prorresse exc slv Iome a helered atldlng Re. Jenkin numbel proesed con wil ntnu. thi nex. begnning 7 5 ocock Dtroit Vi Souther Riway.

ACCnt Brtherhool Rt Andew. Souther ralway wi Eel abve on 2 lmit Aug3t 01 depv lt. opprtlnlty te ch ap 1 hFJat regon. Butalo nd th rCk k3dl Nan A. Atanta Contiued frm Eghh Pa dlcrtlon oerlnl moton ta trlL JuJgm nt nlr Al L.

J. plalntl errr. Terl. atore genrl Rawlng8. rlclor genrl ontr Wilam.

Judg Hars. Carrol urrlor cour. 8lmmul. The evidenc ao W8 ntlrely clrcuftnt whie ra Isd usplcon hi. gui.

nt prl. clnt tronKet Re ever ote ble hypthel thetor ero re U' M. tial Nnre Talbt Bykn Or Ree plantf errr. Terel. atorey renerl.

klnen. loltor ad Holdrss ct" Gram Betor Jude A ams. clr cor Duhln. Lllte. No rr law.

cmplane th. Ide u1 rJc te dler eYld nte I tn rd no tb Un. trial Judlmnt atlre. cncr Ar1t ad plalntl ror crker. elcto.

cntr. 611. Le Btt Acto nlq crp Uo leu Beo Juc4 lbUn. F1 I. JU IOU9 Wy Ye Be cs.

I Gnder Pg. tblc1 tn le wol I mknl he rd Te bween had 1lhy adlng tey bt bte Wit 8 yn a 8 plt Pye cp te gt pued Ue chang bve ue A Mhy yele For muerI. WI ce I one wa calTel vo at ay gae chan Umpl an he hd bld got hE pl wher wol gow rlng 6ng abut Od Unle ed. Te hear Mahy ye1ng bloks up ltt pled Haar. 1t' rtl Je Brile.

state holer rason hi WS Har lrbout tE1 he mo' pul mrrplt rot em unmor aptch rake Rorer Broyl5 spt Hrd cotchtd las WtI Haard ad rrer th OU Wl explan Deliah 1th arhy ad el plc bat. edge IUed Hazad soleml. larln' manner rjcted cl1n' MIs I tel giobd I WS' stl folowln' Scrlptur. SP I hosba' I pu1 oer justce. Recorer ad i fne OU 57 and wool yo ou lamb le Iauhter.

ou wil hve sheae 16 i pn to tral blDK tht vict cont 18W 8nd Idnt vdnce blng sutlent 8tn Terdlt te cour rtu81ng a allned. contur. Anstad plalnlf er. aolcltor. cODtr.

17. Pe Bte Ptce te eupre Ltle. I en dle atltd re tla1 cur sek. brn cour rview rgl ot ho par throC tis cerk cour wi plalntl eror" mend hi" bi excpton lortng Iherln pcltcaton porion al recor. ad thu vald unau.

thorzd area commited 0 tal cur 8 pa rt rfcor. Har. Lttt 8 OI Alex8 Wllamon Oa it rhtt 8a ep I tt he. nJ CO 1 fct att hed bi excpton appels trcrpt Ih. reord Imprpr nt cour maner ab" nd here bil xpton contain 1lgnrent 0 eIor excpt onulng crlorarl fatUy e.

do pr QU lon detenlnton th1 cour. cncur. plalntr rrr Tma olclor cntra At19ntc Ralrd Copany fyer. Acton Betor Fle. uprlor I I.

brt tt Ilalntf lntrlued vldnce moralty annul tbls nleth orgla pr doa 0- thor cour tke judlcl1 coglzac. cntents tabJa pubUshe omcl1 rprer appndlx volum" Te plBtntlr th. pr ent remer defnd8nt wa cle ly etablshed. nd ap8r tb8t te verict w. eXClvs Judgnt allr.

T. oh jsta cn- an Iws COlr. I nole th sanJard mortal Mnul pPf. LEi2d I 1 ned JIe itJd nr I G. not.

Thyer. her ror dlc craln moral ad bles Ga Rp8. wer Intro moton to complIns Cf mnifest tIr commited alnt plalntl enor 1. jur rcfer nc efa tra1 urt bcaae tble3 8r evidec. refu te err lS rult dolnl.

arlm judgent shrd notce table ro vee tb judgnt denylI trI Atant C. Smih. Mlnr te plalnUt ro 10. It c8 I til1t tln tn th. I.

pum te ur to hlh h. for ote" C8n Mtrh It memor rfrnce publhed I prt Nel plalntt errr. Brto' imlth sn Alber 8 rn- trl. 8 aeYan ct n.M Jud Ran Plk. upror curt I tnder 1lllaUe pr deln authote a ntd cit shal pwer an authoity rBIte Ind cntrl thelnl 8nd Iquo.

In aI cdr lcnal. armntal pur. cb authotN tavt pwer fbar upn aCnt buln an sln Irltuou. Iquor. del810n rpnder trat ur undr rTlew ad pa upn a ustc nly dlvde oinion.

dlllo td all nl ton Ju11et bis xcepUon atlr- e. Al cnur. Lambin tt al A Murh. an Ler cotr. Lm.

admlnlstrto Garner al. ptto. Bdor Spn Datur prlnr Cr. 81no 1 moto dlsla wt er upn tb. Jnd I tTlde brulht tl tb cur wl ftalnd I appl tt Judgnt cplaine bi xcpton w.

dlre ton Terlct a 0 eJ talU1 Intr uc te at whch rult a exetor a un mse eU a devlae at te te tst an th enagment tha te oJto ce sten it. Io amBItrt Ith wl aBnse I D. Uo at 1 1 I cae" expmned. a oncer stepe i frot 8 volaton cpound Infraton ested rerr. cntre ocr 8 hen rier.

an night dlsgled himl a plcmn prner tht wa scial Darktwn ad gt al chlkns Anln fether wat champio. reakP Reorder rd- In rost le wnt maquering. that Anon ebber mend ha morn bvm rled prllner. sealnl chlkns ergnst kerrectr Ot by 1ne cale jestce I aganst la plaY tolce. ran recorEr Anon Drk enouh lylng curiosites I plCman teak.

Dr exclalmtd lse gt tme. mYbdy play am tr nige nlg Im yol Ol lght lcrder. ts feathtr weght lght weIght of bcuse tne 37. mtht bie ou wl doge Anso. rmtm er.

cntnuo recor- polcem 1 sared a Imltted Crooke tnttor. fr plantf I evlden hi rght rcvr lad Que tr w. wil Srrl H8m. Oa 3fs Kien. 5 John 48.

rvlwd overrult. I 8warlng plalntr pnt plt th caim. parlf te toner regrd the IAn Inolve I tu I amit vldne I pa. uPn rn Al cnncr. tp JtO lt lan plalntt.

Dr dacndants. Fir 3hrlne IMurnce C. lrnowlrk Gru 0. Garoh. I.

cr Brun wlrk. Flah I Oe tle. I han' garlRhpe anl dl lHd th. garl8hmnt w. th.

ton- plaintf' a Irav. gamlshs anr upn th. tra rronfOUS cour 8ctn I moton plaintf I prte It. farI8hea lness tl eclude claimant objeton. frm courrm durng tral Admlllonl a pBr trial Jlea 61.

prevloul IIUlon wih aI nleyant ISI a lng adil lble uI 1ment plcy tr wtng. Whert cny prory ta purse defrullng crlo. sUhsqunty h. te sm. bnft ad I.

coved th. pley ou. In urnce ompan lt lble tle huband 10S. cerainlY I lable lue Is lcy Ignor8N rf traudulnt trn. acton btwen hiI and h.

Ind hle garlohmnt md. Ilble Clj l. reMd Al Own Johno Ole plantrs ror Krsu8 Fnkln. rntra. Bet kil.

Flon curt. I I trli ue lt comptent contnton nxt dcpdent I declartons et mid. hle I. lfe. dlBlnguthahle th8t Orne Amnd.

III 01. Iltrcton tunc wr unrrnd fndIng jur wa erlclnty eppre Umon Judient cncur. Joran. plalrll ror Arold Arold Abbot Abbt" tr. ott addox Befoe DeKAlb oup rn tour.

Cbh. I. Whn. trJetlng e- tablsh 1 eecuton wi in. thre ubsrlblng I ne.

pplcaton probt wil olmn th. dstrcton 10. wi 8nd th. nca r- prlmpUon YUon tt prved other oldenc hen 3 wi teslato. ti.

srong pr- rmpton I w. de8tre tttahr hlmlt presumpton stad. pltTe prf ho otablh 8 dstre wi thi Irumpton aeuate prof. t81 applcton prate 8Jeled los will dc8rton deeent etet orl na wi Ite 8nd ha trod Bme. I I.

thf delrnt b. pary pre lng. eidenc tlor pr pund er clrumtnce the de. I lton mer halY Wer te prty admllble alla- btndll upn excpton rtuoal alow wltnts PIt quton prnt 10 a Irrent err Ith whl cour cn dal whn dO. no ap ear 8n- expcted 3Int i orer th8t rlaey ad matralty ueat1 p8 upn JuIjMt alrd Al concul.

KIe I PI ntff. Jone. an I Cndlr Tol. fO dfendnt 124. Plant.

Peles Ftr Ae oaln Ger a DLch. ve. BCor EanB. ftnal 8 prO cr. Cbb.

I. Wen a bi Ions prly cerlltl purr. st fob 1dence he 1 contined 1 tel Blely wb rfence te e1dnc therin fot1 unl. ednc Incoate breC tbet an mae pr ro ul brnht mnDer pl1de T. forllng tt.

notlhstUdlng bi excpto. tber I avrnt II elet cern matral ha be omited trm man i excpton aUCe oi. t. ev ene forb I te bi netonL 2 wtl I the pllC Ic 1 CUtt. yalQ ow.

Cl si Reordr BrIs Drktown- Ites hlr the ofCr Itat ou oclok nllht wth ge ad WEre tring bir. lke het ou pulng. be gosfrum ountrun Wgg1n Itate Cle. ed sid tn tth. don kno nuttn erOt otf gose sad.

rss tme seEd Hnudfr nlgr ws Beln' Cle. lont muny goe obr go8e prlc" cotche dUernt song rrdr TO mafked. ar bth Goses mlodlEs Wy dontou tel th 0 VOI explainld abut gose bte ou SIJ ou ha' ba It sel-proteton atrld ar slck a gose IPM but dowt OU powr' start Ct pond ofcer rple. I cnsote wil ciy changang ver lke whos root goe as tses roo t. correld rutie Jfy tI oio I ca sett" trlt Insurnce no th.

tme th. purprts efet ne 8uthorlzed halt tie al gd Ilurer. Te mfN PP de scrlbd rtn In urr mlne a Fmnt pNm- ler wi nplthr rct rnder- I alil unexcute wrtng. 0 es- tOtplnt aJged frm makng te rln wa exeule ayone autorize 8tpea Ih. prm acped Irornce OI rlx fl dr hro I tph lt InFurr.

uPn th. In8uN prmpty a I I otl cailng Isured al mony Inour' gnt I trm Alhough rle. ct a acleton ltigatio hal olaton I president mSjorly dirctor. 0" plalntl aton a lnt tn dtnde llened stcre alow rl. quatn a def n8.

ollEr requird rl1 othie calng Quetof rght atorn. la. ap par behlt psumpton th8t a Horp th authorty prpr otler aolaUon appar. pM umptlon oVlome pr1de I c4. 43.

bi excepton. rv.rl- cr' bi aflne. Al CO an I e8. lantt orr. Bu rk hal a nd Mogan con tl II Brlglm.

Yeas fp' prt Bene. Bure upror court. Simmoa. pn applcaton 1 Inte- 240 Ce. JUdrent our ceraIn a a I etfO oh makp.

thtm eua. Te ra 10lon ot. th. apar alowd rem8ln psesalon upn note other for am lnt curP mortgle upn Subl.quent- I unpad. 1 ow sppl" 8r.

al th. W8 ap8r to whereupn mortga te rtur ct apprAIr ettng par1 aup prt. Hlr morgag havIn upn purhue ronpy of en un I Interest In It. as a purh8e mortgsle tht rght athtfA Wtot lr a to the cator I.n for owelty of parl- tl i rlghtlt M. 1 I an Lwon co- I tra.

I iect vBe I uperor cour 1 I. fr judlnt I alant e. 11 le Ntaln 8 torlon pr th. 1. 8mounts rttcto ad bnd we tnder clOe rc th.

jul er nUng Ju gment mlln" bi excetonl atlned lamlP Al conurng. McCon plantt er i bi. Mier Cben cnta. Prod al Huntr. uarln al Inuction ntor Judle Brnson.

Tal8tdro spror furt. pln Intr Ir maintining allnt sr cnten. ton cnt Dtonl a munly r8stnr pr- hve cormunlty Intert taInin ne cnteton Interete rlltng thre ar ho Int r. malntlnln cntenton Cn- tUone rl wb om. ttps Ilng th eme cntnton cnteton.

I ar is- Yolv mor pndln It euity wi cnoldate ad brnl trl acton IMe. I doe tora Coldato brng pml8U. tre whih prt. wt c- Intrt Jnt I ontry hn oly 1 I ti I a other. T.

tMo prt c. no agnr Ilal demurn terto mantalnble an C8ty th. cnylng IBtrlotO Innc- to. Jodlent atre. CcrDI.

Cour Blbl. to pl8lntll In rr A Dam ad Mlth11 ctr. Pere Ecpton. udlt rpr Bfo Jud Eate Hal cha lupor wr. Cb.

I A ae pU Zi REGINA MUSIC BOXES' BEAUTFUL MAD DEtCNS. Plaring Al Popula Auomatic. Ca PCHTREE 8TRE. MI LD WEA TH ER YESTERDAY I MAKES END OF HOT PELL 1 Yesteray wa colest lanta 1th. hlg st mtre 81 lOWst maimum hn be rorde da thi la snc 1th rld 8 degi.

deces lor ysterays 9h temprature v- lowr yetprnys bause dung th W8 Yesteras 6. ran 76 whie 9 Uanta wa deges cOle Ihe 1ason expet Cloud lkel oCskma1 shwer contribute temtur. heav rin tm 6 8:4. a ls- erct Ins I gpater cua suspt bu lness rap th lr harest ecorhlng mae I money-If hay lne9 hotet. humaniy sufering 10 shadE Instance Icean to lve ea al thr ugh vrnter.

coa tha Wat mfat sd Is ef Ieat fountln at cure plaC war BIY. le hal stret rais or InstEd l03t 1 patrnae Is' thE pint shop lng 9 erly rnlng h8 appette Iweets pCOchlng wathfr go bl tmp aVfr- tnugh street. prOltou Ind buslntss foush- Th. tme Whitehal strEet sod from 1 13 53 matnE. Te heaviet bUIln9s Whlehl strt 0 patronae trde" dlten tountln.

rEgarlEd mor Tore proft- ptronage larly mn doz1 wi et whie ordlnar- a A I I lIs. IhErbets le Ic cre th Te gat man Te mar hlno rlEs chi- grovn dlvErlon tr1ng fsh chop wih thElr straws wih eVEry lquId rre hmEnt an wa a prolslve whie ket on ton pople gnrl abut taklng thing tub pfO- a traw wi lke I. trde eVnlng I at whlh 1 store Bome I fan at lt I apprprate plantHf r2nttve capciy. Indhru8l. I prprl lowe.

I. ne orer ptton ae ne te pllntl rpreaenttve ju lent oTelq demurr 5 forlOure prldlnl II alnB pron bth rpreentalh capao nc hle rght crate th len concluhe upn th mortralor bth InJ ta rn lty. Cre Dan ad Rr Mo plalDtt I Pe nM 1wd A edmlnltr8tor. Eqitable pU1la. Btor Estes supror cour.

I oer lnd ul ate orinal' cannt lateraly atck" lupre cur grun mnte evldnc or er rv nlon alty expiton wid. dowe. an. btore 11. tok wdow die.

th oer cnttute atr I 1 fe. nt und objeton a tle admlnltrbr euitble :1 I ntn hah aeer dd b. atthe theet ah- te rtens th a mlnltrtM. tle trlli a euitble pt. ton aglnt a almIDutrtO.

a accnt aDI setlem. plntt. amrat" prf chart wth elpt Ute mer te ev1dene re tem I bowe tb pvouel obtaine al I Oder to the r. CO pl lylng ebte Id nttC gt alt 8cb late pleaing. edenc plllntf wold haT bn aQUe reer Judgmt rve.

te JU UCI enC Kyle ad Dea fo pllntl i err. 1 Ok. cntra. P. rke Cer Etbl.

ptitin Beo Et ror cu. kI 31. ammlaba wh i I ter 1 Inhes ur tlat aount 1" f1 hor an a i rl ho. wlh shlnl brghty orre durng at1onan helV rn 8tre. latn unt ocC forclte parly coudy wih ave- agEd deglf5 warEr t.

1. rlntal. I averge 49 uly l8hE montl ld- rn ce trm Crs gaty 1ve1- thin I atected Te' lh w- hlnonly loaldo lte geterlgodJ hUfldly de htat. moerte. oppressiv.

TRADE JI drnk thy Ire out rid. rar. i fve drins sad aa man I abut one ften Lltht 4 vatr popular.stnd- 1 orer wth i waterak Wleha1 ItrEet Ida sered Anothtr 130 avrag. Comptton trae. thee pr- pretors I largly hel- 1 tv1ce.

cose anothe nd dlnk bck 8an a rnks an lee avor wlthctet bu encouge I lne. cdy tais of alwa Swet. ar het appette hot Il wlrm' weather stmutate tde lte tmrarly tow arlous resors' god geral dulness te candy lnE. at 0 eiher weather fo pruc. hat fd rgared rther dl Vegetalps a fruit SP8on mtat.

vtnder goo FAh ar Beaon beter at this tie 1 bel1 ar usE smmer Instea rEwrEO foursh sles' wa cars Ex- hIs c8ual saon ltle ol leat EOUr proft Fom Octobe I go Beason ftrt er hav bUII- Te teh bth seeker col pple thE' ar9 kee war. In- creae I Eaely 3 pr cet oVr tr- tmEI Rilar Irhats dr gos. mll- nr or son Trae expeced thO Ilcentas. surs colt utng ha ts te I I Tal b1rln 8easo rathErthan wlathEr pl esfal orr.n- recellt Peple et get usualy fruis. ICis Forists expt gO rde- Fnerall wdlngl ar demand order arE cale Handome fower 8palan hrr me' 1 rl hst ur" propry a mus tlle tonQun fleco m.

Aide exL uh Icton cnnt deteatd baus. of. eatt. bae rle th. prry wold brnl I.

tt1 lnt sle th. sdmlnltrat r. i tath InK tht ae hllr 111 bae us. hil Iwn mony lshll mdbtn ue te etate. 2.

T8t a mlnstrtor Plr cr tra ecr dH lnd 8low ld adn' tr tor trm Icbce de I ne la. aaemEnt orte hel bt th cl rb tretof dtt eletton belM A. Ie tb aJnlltrol be" te purar at. neal Ivrent tat elr mber fmly" af hteate el- ntO pYen arnpmet do. lot cla In ueUIYI alepUo th pllnUrl ranc1 acto wh Sr heir 1 onlente I enes re.

Il- Vlt whic D. tn upn ay I8U8 me peD I te ce trll at 11 ohlf a t. bi am rnc 4f ru. erd Jug nt ar On Jobn cn Hammd pla1tl Ul. Dan bt otl 831 PenUeU cot7 1r 2.

Rof. t. CpWnt udta tuel Urlo er. Lmpln 1I Te. l.

lu th At Fb rglat the letl pUtiUa eTIc" e. ctc ente tbt ettut. or. ctnplaUnr thatcovlt hold fmploe I con uct I slwm owne rlnt ctzn orte. pm.

tte. etl uble pIC fd tetore nt. enfob1 Jutlnt alrme Al CDIC- Wlla WUUu tOI plltUl en I i P. aE JVIXi9 1901 I ONIbUPONT 1 ill ant 1 5 oi 1 a ose lli while nd ili State Prism CoimIss1u. ay being the ii be wa as There SO' wek orJuly tiigara Conthiued from Thghth Page.

afflrm d. late heran SiaieBefore The Boykin erro 5 6 i 6. m. cal the a. I LcL' Why I gooa use- or masque MAeiIlA.5 I ljL oQn O1 i 10 Qpia ssP song re- i I 7.

I. he oee tte th 3. the i tntroiued 2The the 6. 5 7 Ito ad. lice.

seq. evld nce re- case as as its 3. tb pass a pence. t. a be the itd th.

not such a tlicen I seucs rev eros I. di 4. t1owneend 62 I antiMorine I. One the arc fm I score Judgm ontreve reed. 1.

I i Maddoxet ebb cc- 55 ber. Tbotnaonl 0 I the of the iil exrtiontt155 thE 8rs a 0 A 5 i- i t- rev 100 a I ce re- ba cty andJotifl henroost but 4 I scorer. de- asses sment asnotex I sourer rut escfanse one th eassoc latlon. oeu 10 rt1 th enolesun paid. mossy undivIded it was casctors lear.

par is l. CR. Tatlsfetro court. Where ace acorn. the as th plaintfttsinerror.

a 4b 5 if 55 MILDWEATHERYESTERDAY SPELL degrees 59 a while S0cj a asking ia no med in ix presen tative I. be col- ee fl for riot court. VespkISe 1. vecy- THEWEATHER MANYLINESARE popularstand nearlyjO0O It affaln hotcrave food dullseason. softhell aIe kInd9f place 4 11 sale-or be- food thsdminIs the a sal.

tbe 5k. 0 It 1 issue sale le tire are the Ifa tn th be hi. be 2.