The Atlanta Constitution from Atlanta, Georgia • Page 7

A Great Advantage "SPLITS" OF Apollinaris POLICE MATINEE STORIES FROM JEDGE BRILES' COURT TONEY TABAR1NI. a bartender in the saloon of N. H. Bulloch, S3 Marietta street, was held in a i the recorder yesterday morning on the rtarge of selling a minor whisky. The prosecution grew out of the case of Addison Snodgrass, a youth who tot drunk and raited a disturbance in the Bijou.

Snodgrass was lined 148.75 toy the reropier. and his father had the ar further Investigated by the police, arrest of Tabarlnl following. The saloon man contended (hat he fcad not sold the youth any liquor, an. liad witnesses twho testified that Snod grass went Into the saloon and left with out beir.s served. While in the aa the youth fell to the floor and said he was suffering from nervous prostration from the use of absinthe.

Snodgrass swore in court that he bought whisky from recorder held that tnere was suffi i Jury i Case of Stealing a Case. OaarMe OTant. a negro who had worked ic a saloon, wus held by the recorder. for a of corn whisky Iroi launbsrt Hanbuck's saloon, Til Inters Grant at first denied Chat He had cnlttsd the thoft. but later he said he wanted com liquor and had no money to buy it wlta.

Ived ffrom Chicago asking about At lanta and the advantages it could ouer In tfoe matter of establishing a tremendous plant Of course, after perusing i wonderful railroad faclll erolai of and all of those other Chai acteristics the Gate City rushed through the mind or Mr. Henderson who was already selecting a suitaibie Bite alter perusing the letter this far. Bold Quilt and Sold Again. Mary Jackson was one of the original thieves that ever appeared be fore the recorder. It was proven aha had a quilt which she bad stolen from some person unknown.

She went from house to house selling the quilt ana as cast as she sold it she stole it again. It was calculated that she sold and stole the same quilt nine times in one day. Each time she got 25 cents for Bhe quilt, and if she had not been stopper and arrested she would so soon have been rich and still had the quilt. She was sent to the workhouse for two months in two cases, tne recorder thinking the sentence long enough, as It took in Christmas. A New Way to Borrow.

Tom Griffin, a negro, with a head shaped like a mule, and which measured from chin to cranium something like eighteen inches, was arraigned in the police court for stealing a lot oi tools. It iwas shown that Tom had worked for a number of people and every time he did so he disappeared, taking a lot of tools with him. All the stolen articles were found in pawnshops. The negro admitted that he had the tools and said he did not steal the things, but lust "borrowed them to raise a little money to pay his furniture man." He was held in a bond of $200 for NEW ATLANTA ENTERPRISE NEEDS COWS BY THOUSANDS IF SOME enterprising Atlantan, Or even any group of Atlantans, could only supply from S0.000 to 100,000 pounds of milk daily, it would prove to be of the greatest benent to the best interests of the city. For those who are used to buying their milK by tne quart, it may toe wen to state that three pounds of milk make a quart.

So it Is only a modest matter of 16,000 to 32,000 quarts of milk that are asked for. With the average Atlantan. having his own troubles trying to secure a quart of the real cream rising kind at 10 cents per quart, this ether eally surplus looks rather far off. Agent Henderson, or the land and industrial department of the Southern Railway. Is the one who has been looking through the streets of Atlantan for a few thousand stray cows to meet this demand and for this reason.

Only few days But Mr. Henderson is a practical business man. So he read on to the end the bitter end. And just before thai bitter end came this paragraph asking for from 60,000 to 100,000 pounds of milk at a reasonable price. "We have the milk," said the letter, and member I nx the present prices and oca ty of milk and coal and other necessary commodities in Atlanta, Mr.

Henderson took that site which he had so sudden ly selected with the first few paragraphs or the communication and carefully stuck It hack In its proper position the belt line of the Southern Railway. The writer of the letter is a pure food man and a big manufacturer. He wanted to erect, and still wants to, a pant for the making of some cereal or odd bi fast food not included in the present 59 varieties. Milk, and milk by the to 100,000 pounds, was stated to be sentlal for such an enterprise. The cow market being very dull present and milk quotations being high, the result is that some other place wins and Atlanta loses unless terprising and patriotic Atlantan will kindly drive a few thousand cows down to.

the office of Mr. Henderson on fhe sixth floor of the Equitable building, where he can look the bovine bunch over. and, after inverting the terms of the divisor, proceed to multiply the said of milk dally. BROWN'S GIFT COMPARED TO FAMOUS FRANKLIN FUND A PR0P08 of the gift made on wed in ldent Of the Georgia Savings Bank I and Trust Company, of to the Ponce de Leon Avenue Baptist church, the sum to be invested and the intefest compounded for a period of 200 years, fuU details of which were published In yesterdays Constitution, the history of the famous bequest of $10,000 made by Benjamin Franklin to the cities of Boston and Philadelphia, and known as the Franklin fund, will prove of interest. The (Franklin Fund.

The following account of the Franklin fund is clipped from a recent issue of a well known Insurance journal: "At this present time, the Franklin fund is much In the public eye on ac Gentlemen's Hat togs Square or round shapes. Made of leather, satin lined and up to date in every way. Prices from $5.00 to $12.00 H.W.Rountree&Bro. Trunk Bag Co. IV.

Z. TURNER, NsutHk 77 Whitehall St. English Hall Clocks The eleeanee of these docks, in solid mahogany, fit lied with the most perfect mechanism and the softest, chimes, renders them a delightful acquisition to i iiome. We have some verv handsome ones. Whv not look nto this with a view to giving a great Holiday pleasure me entire lamilyf Maier Berkele THE CONSTITUTION, ATLANTA, OA, SATURDAY, NOVEMBER 17, 1906.

of newspaper agitation in England about Its disposal. Franklin acKnowiedged an allegiance to Boston, not only as his birthplace, but for his nrst instructions In literature (and othe things) given him by its free grammar schools, and obligation to the state of Massachusetts for the honor of appointing him (without the asking) their agenl in isngland. and the payment to him of what he described as handsome nm. pensation therefor, and although he accidentally lost in Its service more than the amount of his pay. he very justly considered that as no offset to his gratitude.

Under pertain stipllated conditions, he devoted by will £2.000, £1,000 for the for the city of Philadelphia, th. same to be devoted to certain uses and interests. Rulej were laid down for management of the funds, preference in loans oeing given to young married artificers under the age of 25. who had learned weir crane unaer apprenticeship, and who had good moral character which tney could prove by at least two sens willing to be their surety. "Franklin estimated that iu the time of 100 years, during which the sum should be loaned at Interest, and the Interest collected and compounded, and the in creased sum re loaned and again cultivat ed in tne same manner, one tuna should amount in each case to i 3 1 At the end of 100 years.

£100.000. by his di rection, was to be expended in public works and the £31,000 remaining to be laid out at interest compounded for an other century, and at the end of that time a fund of over £4,000.000 would accrue, £1.061,000 of which were to be paid over to each city and £3,000,000 to each state. The directions embodied in the will applied equally to Boston and to Philadelphia and in all essential respects the two bequests were subject to the same conditions. Short of Expectancy. "In Hay, 1790, the town of Boston FRANCHISE VETO TO BE0VERR1DEN That Is tne Opinion Among Mayor Woodward Makes Suggestion, ADcut a out of City Towards 'Wants Company To Use Atlanta Avenue to Boulevard.

Mayor Woodward has a route which he believes the Atlanta and Carolina trol ley car company can use in getting out of the city towards the east. He says that the company can begin at tne corner of ulliam and RawsOn street and instead of going east out Raw son, can go out Pulliam along iu west line to Glenn, and then east to Crew street, out Crew to Atlanta avenue, and out Atlanta avenue east to South Boule vard, and then north on the Boulevard Confederate avenue He says the other parts of the proposed routes can remain as they are. "It may be," said the mayor, "that the company will have to do some filling on Atlanta avenue, but this will not cost as much time and money as wld and the building of so many curves. On the route I have vetoed there are about eight curves, and on the route I have named there are only three or four. It costs as put in a curve as it does build a Mock of street railway.

Vom the way in which the council and the aldermanic board talking, the mayor's veto will be ridden when council meets next Monday. One member of the aldermanic board said yesterday morning, in the presence of several councllmen, who concurred in his remarks: The committee on electric and other railways went over that matter care fully, giving it a most thorough inves tigation, xwice was it neara oeiore council and twice by the aldermanic board. It may be disliked by some people, but Atlanta has reached a stage In her growth when the individuals must, make some sacrifice for the upbuilding i of the greatest city in the south. A motion will be made Monday arter oon to rjasa the franchise, notwithstand ing the mayor's veto, and it Is believed it will be passed almost unanimously. LITTLE GIRL IS BADLY BURNED Bertie May Telfair Enveloped in Flames While Play ins by Fire.

While playing at the residence, 36 Bernhardt street, early yesterday morn ing, little Bertie Mae Telfair, aged 8 years, was seriously Mimed, and bad to be to the Grady hospital. Juries are of a serious nature, but hopes are had of her recovery. little girl was at home with her brother alone, and was standing nea an open fireplace. Their mother, Mrs Linnie Telfair, was not there. Bertie' dress caught on Are.

and before thi flames could be extinguished she wa very badly burned. A neighbor heard the little one'i screams, and took her next door, Beinhardt street, after putting out th Are. The Grady hospital was called up at once and Bertie taken to that place. The authorities state she is in a very critical condition, and cannot say Just what will be the outcome of the burns she has all over the body. THE SALVATION ARMY.

Recruits Join the Atlanta Forces To Take Up Charity and Belief Work. Adjutant and Mrs. Elmer Johnsora from Beaver Falls. have arrived in Atlanta and will take up special work on Major uerriman staff. Reception meetings will be held at the Salvation Army ball, 72 Marietta street, on Bun day.

November 18, at II a. m. and 8 p. conducted oy Adjutant jacKson. good attendance is anticipated to i come these reinforcements.

Adjutant Johnson's work will be in connection with charity and lief work. Drink freely of BOWDEN LITHIA WATER before re tiring tonight and "sleep wee a log. The Phone number is 1086. lined Franklin's executors of their ceptance of the trust, and we presume that, at a similar time. Philadelphia did likewise.

In March. 1791. the true history of the fund commences, and the administration of this fund in the different cities is marked by the same variations as wul be discovered in studying the history covering one hundred years of any other two examples of human effort. Study of this long time, and the ins and outs, and whys and wherefores, the difficulties, the excuses, the reasons, may be interesting, but we have no space for this record. Tne nnai results are ae fol "At the end of 100 years, when each city was expected to have a fund of £131.000.

Boston has about £73.748, which Is short of the requirements £87. 252; Philadelphia has £20.000, also short Bringing tnis into a statement more likely be Understood, we will take the easy way to transfer the into dollars by the inexact but reasonable method of the traveler abroad, who counts the podnd the equivalent of Ave home dollars. This shows that tbc Pennsylvania administration, for reasons of its own, be they good or be they bad. was qtdte mteager in its and that Boston, with its general accurate good judgment and honest management, yet demonstrate the usefulness of the life insurance com pa thus ana savings banks, with side light on Franklin's good sense in devoting his money dt the time of its growth end at the Unity of the trust the. prudent indue trtous taeauy man.

WATER COMPANY IS HELD LIABLE Perform Their Duties, Held by Supreme Court That Negro Is Entitled To Recover on Account Of Failure of Railroad Conductor To Protect The state supreme court ruled yesterday in the case of M. R. Freeman against the Macon Gas Light and Water Company that a private company which puts Itself In the position of a public service corporation cannot only be sned for damages by a private citizen, but that such citisen has the right to force it by mandamus to perform the duties Which it owes to the public. rne Macon liaslight and Water Com pany, which, under contract with the city of Macon, supplies the people there with water and which has a franchise use the city's streets for this purpose. May 20, 1908, cut off the water from residence of M.

R. Freeman "without notice, though under the rules five days' notice is required, it was also charged that the company cut off the water without legal cause and that members of the family were ill at the time. i brougtn suit against the com pany for $2,500 damages, but the suit thrown out of court on demurrer. the hearing having taken place in the holds that this was error In that the plaintiff clearly had ground of action against the company. The company, It is stated, nad entered upon public vice and had secured valuable franchises from tne people, including the right use the city's streets for the purpose of performing this public service.

It there ime a quasi public corporation ana stands in practically tne same attitude as a street car company. A private citizen. It is held, may not only sue such public service corporation, but I may compel it to a performance of its duty by mandamus proceedings. The question of the amount of the damages Involved will depend upon the law and the facts adduced before the Jury. Negro Entitled To Bacofer.

Under a decision rendered by the preme court yesterday negro passengers are protected In their rights in the wnicn are required to be set apart for them by railroad companies. The case was that of Jonas colored, against tne Georgia Railroad and Banning company. iHlllman occupied a seat In the negro coach on a Georgia train leaving Atlanta March 5. 904. A drunken white man named Scruggs got on the train, pulled out a pistol and a pair oi anucits ana made himself generally obnoxious.

Although requested to do so. It Is claimed the conductor didJ not intenere ior tne protection of the passengers from his violence, and It is cnarged be drove Hillman from the train, threatening to shoot him. Hillman brought suit In DeKalb superior court, where his case went to the jury and a verdict was returned in favor or tne railroad company. Under the dence presented the supreme court holds that Hillman Is entitled to recover dam ages on account of the failure of the railroad company to exercise ordinary care and diligence in the protection of Its passengers, lower court fore, reversed, and the case sent back Judge Had Resigned. The appeal of Brand against the city of Lawrenceville, brought to the supreme court on a last oiu or exceptions.

dismissed by the court on account of the! ract that Judge R. B. Russell had certified to the bill after his resignation had taken effect. The court holds that a trial judge, no matter if the case was tried before him, has no authority under the law to certify to a fast bill of exceptions after he ceases to be such judge, and the court therefore had nothing before it which It could consider. Supreme Court of Georgia Judgments rendered Friday morning: AFFIRMED.

Lovelace administratrix, from city court of Atlanta, before i Judge Reid. TV. H. Terrell and Edgar Latham, for plaintiff in error. Hirsch Haas, contra Paris v.

Davis. administrator, from, Bryan superior court. Judge SeabrookT J. H. ft B.

F. C. Smith, for plaintiff in error. H. B.

Strange, contra. Glenn r. Augusta Drug from Glascock superior court. Judge Holden. E.

L. Stephens, for plaintiff In error. I. S. Peebles, contra, WUcher c.

Nunn. from Glascock superior Judge Holden. Rogers Stephens, for plaintiff In error. B. F.

Walker, contra. Lovelady v. Roberts McClure, from Cherokee superior court; Judge Gober. Griffin ft Attaway, for plaintiff In error. No appearance contra.

Griffin v. Sanborn, from Decatur superior court. Judge Spence. Longley ft Wilson, for plaintiff in error. Russell Hawes, contra.

Smith v. 'State, from Monroe Superior court Judge Reagan. Cabaniss WU Ungham, R. D. Berner and J.

M. Fletcher, for plaintiff In esror. John C. Hart, attorney general, and O. H.

B. Blood worth, solicitor general, contra. Stokes v. Stokes, from Floyd superior court. Judge Wright Henry Walker, for plaintiff in error.

No appearance contra. Burton et al. v. O'Neill Manufacturing Company, from Floyd superior court. Judge Wright.

M. B. Eubanks. for plaintiffs in error. Denny Harris and Dean ft Dean, contra.

REVERSED. Novelty Hat Mfg. Co. v. from city court of Atlanta, Judge Reid.

J. L. No human hand touches PRICES WHEAT FLAKE CELERY FOOD from its first process of manu facture until it is served tor the table. It is composed of Wheat, Celery ancj Salt. Not a trace of any other substance.

Its daily use has a tonic and laxative effect. to cents a package. COMMITTEES SEE SITESJFERED Fifteen Available Sites Found for Auditorium, Prices on all Sites Thought To Be Tod Committee on Sita' Will Probably) Meet on Monday. To Formulate a The sites so far offered for the torium and armory were visited yesterday morning by members of the sub committee on a lot and by members oft the special council committee. The committees visited about twenty sites, fifteen of which are within the half mile limit from the center of the city and all of toe fifteen were said to be suitable and available.

The committees found that the sites were all right, but the prices weif all high. It seems tnat mows wuo had sites offer have placed the prices high and It Is believed tnis was uone because a public enterprise was contemplated the owners of the proper van ce which would not have been the case had a private sale been contemplated. it is said that the committees will en deavor to gat a reduction on the prices before any action is imany laaen. Mayor elect Joyner, Alderman Peters and Councilman Mat tin and John E. Murphey, cnairman oi un tee, and Secretary Cooper, from the committee of twenty five.

Chairman Murphey will probably call the committee of a report on a site. "OLD ST. AUfiUSTWrL" Masterpiece oi Late Montgomery M. Foisom Is Offered in Near Edition. Those who are familiar with the wrlt lata distinguished Montgom sweetest southern poets, as well as the brightest Journalist of his time, will be oleased to leam that his masterpiece.

St. Augustine," has been gotten up in book form, with beautiful illustrations, which are real photographs taken from different scenes and places In the grand old City oi Bt. auiukuis, which tally perfectly with the lines of the poem. Miss Rowena Griffin, of Stone Moun tain, is due the praise of getting out the little book, ana tnose who woum like a copy can easily proaure one by. communicating either with her, or Mrs.

Montgomery M. Folsotn, No. 297 East Fair street, city. Falsom's best4 poems, but Is also well lag. Will Buy 100 Cows.

Augusta. November 1 (Special.) The reformatory board has decided purchase loo neaa oi came. county has one of the finest regulated reformatories, and one of the best farms conducted by boys in the soutn. YOUR 1907 DING. How To Oot the Beit at a Greatly Seduced Bate, A great man once said "There is aa friend so desirable as a reliable, clean dally newspaper." If he were alive to "Next to a newspaper, come high grade thtf has arranaad to sand the Re view of Reviews," the Woman's Home "Succees." and the dally and Sunday Constitution for one year at a greatly reduced price.

The regular price nf these nnbllcatlons 112.00. There is no better magazine for grown up people than the Review of Reviews. There Is ap more pleasing periodical for the ladles than the Woman's Heme Companion. There no puoucmtion ror tne yoi Die that la mora enoblinr In Its ter titan Success. There is no daily news a per published in the southern states that for one year for the sum of MAO.

To persons living outside of the elty. Hopkins ft Sons, for plaintiff In error. Hirsch ft Haas, contra. "U'tian v. Gecrrin Railroad and Bank ing from DeKalk superior court.

Julee Roan. Gleaton ft Gleaton. for plaintiff In error. Joseph B. ft Bryan Cumming and If.

A. Candler, contra, Mendel v. Miller, from Chatham superior court, Judge Cann. Osborne ft for plaintiff in error. Twiggs ft Oliver, contra.

tying v. Mitcneii. trom city court oi Freeman v. Macon Gas Light and Water Company, from city court of Macon. Judge Hodges.

H. F. Strohecker and J. E. Hall, for plaintiff in error.

N. E. a W. A. Harris, contra.

Neal v. Conwell. from elty court of FJberton, Judge Psofflet. J. N.

Worley. for plaintiff In error. Z. B. Rogers and W.

bTTutt, contra. Cauden v. Caudell. from Banks superior court. Judge Russell.

W. Stark, for plaintiff in error. H. H. Perry and A.

J. Griffin, contra. De la Perriere v. Bowles, administrator from city court of Jefferson. Judge Stark.

J. S. Ayers. for plaintiff tn error. No appearance contra.

Postal Telegraph Cable Company v. Habersham superior court. Judge Kimsey. Felder. Rountreii ft Wil son.

for plaintiff in J. E. Edwards. superior court. Judge Kimsey.

J. wards and I. Oakes. for Bhaw v. Georgia Railroad, from Oglethorpe superior court Judge Holden.

E. K. tlimpkln Paul Brown M. Smith for plaintiff ta Rrvan Cumming and Hamilton MC WK Ore Mfg. from I Worth superior court.

Judge Spence. Fay ton naj. ivr 6. Barren, cdntra. DISMM82D.

I Brand v. City of Lawrenceville. from Gwinnet superior court. Judge Russell. et al v.

Hogansvflle Cotton OI! rnmnuT from Troup court. TRANSFERRED TO NEXT TERM. Ivey et at v. City of Rome, from Floyd per lor court, fxgc ngnt nenry Walker, for seatnt AUTO RUNS DOWN BRUCE BAXTER Littit School Boy Is Run Oown by Unknown Automohilist Walking merrily along, glad school was over, with a light heart, and fondly thinking of an afternoon's pleasure, Bruce Baxter, aged 8 years, was run over by aa automobile yesterday afternoon about 2 o'clock. The occupants of the ma cmne tooa mm immediately to the Urady hospital, and were gone before anyone could ascertain their identity.

The accident occurred on the Boulevard neaf the home of the little boy. His mower, jits, suuy Baxter, who rc sides at 86 North Bou is very sick. School over, Bruce, who attends the Boulevard school, was going home. and crossed the street A big touring car was bearing down on him, and before the to the ground, being injured In the back of the bead. The occupants of the machine got out Immediately, and took Bruce to the Grady hospital.

as tojwno tne parties were tn the auto, nd to whom it belonged, is merely a matter of hearsay. No effort has been made to find out their names. It has been rumored that the number of the was 287, and that the person In it named Heard. No direct lnvestiga knows exactly who ran over the little! boy. 1 7 A MATTER OF HEALTH mm POWDER Absolutely Pure A Cream of Tartar Powder, free from alum or ptiatte acid mm SUBSTITUTE easels in the Gulf of Mexico between New Orleans and Tampa, was Incorporated here today with a capital of 1500.

OCX). The directors are George I Craig, Toledo. Ohio: R. C. Caples, New York; George B.

Wilson. Passaic. Typical Weather For "Toppers" Gentlemen: A mildly tempered winter day like this is scheduled to be, is seasonable emphasis for my theme this the "Top Coat" Eiseman following their pro verbal custom of eclipsing the efforts of their "last season's are now showing styles and fabrics in these handsome outer garments, that parallels the most exclusive fashioning of the custom made. The popular fabrics and modish colors are well represented in the making of these coats, providing a wide range of choosing. Firm and Rough Textured Tan, Olives and Gray, Mixed Oxfords and Black.

Also Black and White Tan Mixtures with neat Overplaids. All are elegantly finished throughout. Verify our statements by inspection. EISEMJN Whitehall, Baltimore, Md. ATLANTA.

Washington, D. C. Jhtmnts in i Hw Shoes for Men and Boys. 1 Dr. Defend Linen Mesh u3erweMi Atlanta Sanitary Underwear..