The Atlanta Journal from Atlanta, Georgia • 1

FIVE STAR PINK Closing Markets Night Final Edition "CQVERSDIXIEUKE JHEDBW VOL. LXV, NO. 24 Full AssodAted' Press 'Service ATLANTA (2), GA.f WEDNESDAY EVENING, MARCH 19, 1947 licued Dally and Sunday and antarad aa aceond-claaa mattar at tba poet ofttca at Atlanta under Act at March 3. 1STS PRICE FIVE CENTS i I. rn UNJ KI Lnl TALMADGE MEN ASK HARMONY IN LEGISLATURE Governor to Address Joint- Session Thursday Noon 0 HERMAN TALMADGE LEAVES GOVERNORS MANSION Hurries down Photo by Fitzpatrick.

LINE STAYS BUSY AS GOVERNOR THOMFSON1IBCE1VES CONGRATULATIONS Bis wife, Ann, and mother, Eva, share in the joy -Jesimal Hete by Baddy. Celley. I V-V im A X. A All Inside Minutes Three-Talmadge leaders in tha Senate Wednesday afternoon made a strong bid for harmony in -tha General Assembly. Shortly after the Senate went back into session after a recess, the three Talmadge stalwarts took the floor to call for approval of i resolution calling for a joint session to hear Mr.

Thompson speak at noon Thursday. The resolution passed with no opposition. The House, meanwhile, adopted a resolution calling for the joint session. The resolution also pro-' vided for a joint committee of the House and Senate to accompany Mr. Thompson the House for his address.

Sen. Roy Bush, of Colquitt, told the Senate that Georgia has good judges and that he would not "for one minute doubt the sincerely of their decision. He said he trusts that difficulties attendant to the ehange can be worked out in a constructive manner. Defends Action Sen. A.

H. S. Weaver, of Macon, said that -the long expected decision has now been rendered and that "we who voted the other way did so thinking that the Constitution had made it mandatory for the Legislature to do so. He pointed out that he was a lawyer and would. always bow in' deference to thexuling of the court.

He added that the decision in no way lessened his high opinion of that body. Sen. Grady Coker, of Canton, said he would "bow to the ruling of the court. He added: "When whipped, 1 get up and brush off the dirt and start over again. I will co-operate with you, voting for those things which I think right and just and against those things that I cannot follow.

Tomorrow when Mr. Thompson addresses this joint session I will be there if I am able, President Dean said. the statement of these men were indicative of the statesmanship of the members of the Senate. He said he could only repeat' what he had said at the beginning of the session, that it was the finest body of men ever gathered to represent the state. Statesmanship Cited Sen.

E. F. Griffith, of Eaton-' ton, 1 Thompson supporter, called attention to the "statesmanship shown here today. He added that he has never for a moment quea-' tioned the sincerity of the oppo-sition but now the time had come'-'" when must forget our partisanship leanings and work for the welfare of the state. Immediately after adoption in the Houses of the resolution calling for the joint session.

Rep. W. H. of Brantley, offered a reso- lution asking the General Assembly to adjourn sine die. He said the Legislature has accomplished practically nothing 'during this session and that it cannot accomplish anything worthwhile in the remaining three days.

The resolution was voted down by members of the House, after Speaker Pro Tem. George Smith II urged the members to remain In session for the welfare of the State of Georgia. Forget Past Differences, Chief Executiye Urges, and Work Towards Welfare of. -Stata 9 -r Jenkins, Candler Dissent in 5-2 Ruling; to Take Over Offices Thursday The Georgia' Supreme court, by a 5-to-2 decision Wednesday declared that M. E.

Thompson is governor of Georgia. Dissenting were. Chief Justice W. F. Jenkins anc Associate Justice Tom Candler.

Herman Talmadge immediately put a crew to work moving his effects out of the executive offices at the State Capitol and at 12:15 the executive office had been cleared for Mr. Thompson. Jubilant. Governor Thompson, who heard the news his uptown hotel suite, said Jie did not intend to go to the Capitol until Thursday but called for the continuous help and prayers of those who put the welfare of our state above personal and political partisanship. A Thompson appointee, A.

J. Prater, custodian of the Ca'pitol, took over the executive suite. I got my keys back in five minutes and was on the job again in six minutes, Mr. Prater said. In deciding, in favor of Mr.

Thompson and against Mr, Talmadge, who since. Jan. 15 has occupied the governor's office, the court' declared: While the courts have no jurisdiction of purely political matters, or to review actions of the General Assembly done within the powers conferred by the Constitution, yet courts have jurisdiction of all justiciable matters; and questions made in the present cases as to whether the General. Assembly had the' power to elect a governor, and as to who has the title to that office, are justiciable, and the courts have jurisdiction, which, is neither ousted or impaired by reason of the fact that involved therein are political questions anc actions by the General Assembly, In 1824 by constitutional provision the General Assembly divested, of its general power to elect a goverfaor, and that power was retained by here it remains today. The General Assembly was given the conditional power to elect a governor, A condition precedent to such an election by the General Assembly is a failure of the people to cast a majority of their votes for any person, in.

which event the General Assembly is given the power to elect one of the two 'persons having the highest number of votes who are in life and willing to accept election at the time-appointed for the General Assembly to elect. The death of the Hon. Talmadge after hia election by the people and before publication of the returns by the General 'Assembly did not change the duty of that body to declare his election nor authorize the General Assembly to declare by resolution that because of his death, no person had a majority of tha and to elect a governor. Accordingly, where in such circumstances the General Assembly undertook to elect, another- person as governor, namely, tha Hon. Herman Talmadge, such attempted election was a void act.

which did not confer upon him any right or title to the office' off governor. Written by Duckworth The majority opinion writ- en by Presiding Justice H. Duckworth and concurred in by Associate Justices R. C. Bell, Grady Head, Lee Wyatt and William Y.

Atkinson. It was considered likely Wednesday 'that Acting Governor Thompson would request opinions from the attorney general as to the status of legislation signed by Mr. Talmadge and appointments made by him. Attorney General Eugene Cook was understood to be ready with bis opinions as soon as they are requested -but would not say whether they would necessitate the calling of a special session of the Ijegislature. A construction of the Constitution that would sustain the election of Mr.

Talmadge by the Legislature would place 'a controlling meaning upon the pertinent portion of the Constitution Which might compel some future General Assembly to elect as governor a person wholly undesirable, because of his communistic or other alien philosophies- of government, in any case where the majority candidate died before the returns wese published by the Legislature and where two of such undesirable persons received the next highest number of Votes," presiding Justice Duckworth wrote. Not Worthy Solution It would not constitute a worthy solution of the stated hypothetical case to suggest that the STREET SCENE Telephone company truck Quickly Evacuates Executive; Mansion Also; Harris Says New Campaign Is Under Way i Less than 45 minutes after 'Herman Talmadge received the news that he had been illegally elected -governor of Georgia, he had removed his files and personal effects from the executive suite and had left the Cppitol, Mr. Talmadge later went to the Victorious Gov. M. E.

Thompson Wednesday -declared himself elated by the Supreme court decision and Requested the continuous and prayers of those who put thiwej-fare of our state above personal and partjgaiufoip;" Following 1 the text of his1 diinantfoo r--1 WASHINGTON JohnL: 'Lewis, towing to Supreme court mandate, tells' hia soft coal miners their con-tract. with government will-continue in force after SI. 2. f- MOSCOW Secret ary' of State Marshall warns for-eign 1 council -that U. S.

will not accept Russian bid forlo billions reparations -fromGermany. Page'4, WASHINGTON 1 1 1 to create system' of federal relations courts introduced in Senate by two. Republican Senators. Page XTAMPA, Two sun- Virginians rescued aft- adrift' in small 'boat in 0ulf of Mexico. Xage 10.

WASHINGTON-U. to appeal famoua Mount Clemons portal pay suit directly to Su- -preme court Rijp PHILADELPHlXFormcr Governor of Pennsyl-. vania; advocates that Russia be bombed before she' borflbe iw. Page 20. have' been caused by and march forward toward; greater and brighter' future 'for our great Governor office' was in a furore ''at the Henry Grady hotel, with telephoned ringing continuously and people rushing in and out giving Joyous existed on the convening of the'messages of congratulations, General Assembly.

Also, I hhvej. Meanwhile, in anothcr.room i on believed that the will of the peo- the same floor of the botdia calm pie as expressed by their ballots, but exceedingly Ifappy Governor should prevail. Thompsod shared his elation 'With Naturally. I am elated over; his mother, -Mrs. Xdcnf laid the results coming as it did in Thompson, and tiia Wife.

workmen began moving out the files. "Its not who wins -the battle but who wins the war, Mr. Odum said. Well-wishers poured into i the office shake the hand of the slim -young Talmadge and to say, be -running again next year. f.

The, throng: in the office was reminiscent of the first two days of the gubernatorial muddle as supporters of Herman elbowed in to shout encouragement. Talmadge himself made no definite commitment as to when, he might, start bis anticipated campaign 'for the governorship! but merely smiled in answer, to such questions. By 12:15 Mr. Talmadge had gone, all 'his papers, had. been removed from the governor's office, and Exec, Secretary Odom, had locked the door.

Amid the questions after his immediate political plans, Roy Harris interrupted to say, "We Turn Fage 7, Column. 1 executive mansion where he. -repeated the process of hasty evacuation, announcing that he would return to his rural estate near Jonesboro to farm and practice little law. When first news, of the Supreme court decision was' brought tothe executive offices, the 32-year-old claimant to the post by virtue of his legislative election addressed his first words to his executive secretary, Benton Odom. "What judges, Benton? he asked.

"Find out what judges. Then he turned and said: "Get me the mansion. Speaking to the crowd in the jam-packed office he next made the statement that he would turn the executive orfices over to Mr. Thompson as soon as his files, were removed. About that time his phone rang and he picked it no.

"Hello, honey. Yeah, it went 5-to-2 against us. Ill be home and see you a little later. Turning back to the crowd, Mr. Talmadge said: "We will move out of the mansion as soon as we can get our personal effects out.

Shortly afterwards a crew of His mother said, MI gueaaT never did think when he was little that hed be governor, but I surely am proud of him now. The new governor's wife was quite calm, but happy, too, and said that she' jwaa looking forward to the privilege of being Georgias first Governor Thompson was -besieged by newsmen and radior men and it is understood that virtually all radio networks -have asked him to give statements aa soon as KEY WEST, 'Fla March 19. (UJ9 President took off for Washington from the Boca Chica airport In his personal plane, the Sacred Cow, at 2:01 (EST) -Wednesday, LATEHEWSBULLETINS SENATE VOTES TO RESCIND TALMADCE APPOINTEES the orderly operation of the law. 1 hope that my administration will be remembered as one dur-j ing which law and order prevailed. To Give Best Believing public office is a public trust, and also that every privilege implies a corresponding responsibility, 1 shall assume the duties of the executive department of the State of Georgia with my heart filled with humbleness and my determination With malice toward none and chanty toward all, I have the sole ambition to give the very best that is in me toward doing a good job at acting governor of the Stale of Georgia.

1 shall need, and am now requesting, the continuous help and prayers of those who put the welfare of our state above personal and political partisanship. 1 am confident that there are a great number of people who supported the contingent of the opposition who, now that the issues have been. settled, will want to co-operate with me and help me in every way possible. Again 1 repeat that my experience within recent, weeks, though very aggravating, has convinced me beyond a shadow of a doubt, that after all, the mind of the people of Georgia is sound and the heart of the people is true. No finer people are to be found in the entire world' than here in Georgia They want to do what is Tignt and they are glad when justice prevails.

Fill in Gaps Now that the issue it is time for all Georgains close ranks, fill in the gapa that HOUSE AmOVCSfBUCKHEAD: ANNEXATION The State. House of; Representatives Wednesday-; afternoon approved propoaed annexation of Buckhead to the City of Atlanta. (Earlier story on Page' 9.) ANNA DOD(SE DILLMANFILESFOBDIVORCE DETROIT, March Anna Dodge Dill man, one of the richest in. the world, filed suit divorce today from her fornieraetbr-husband, Hugh Dillmhn. The 70-yea r-old in ternational society figure divorced and remarried Dillf nan in the She is now.residing in' the swank Everglades "cliib in' Palm Beach, Fla.of which her husband is Four Key Men Indicate' Readiness to Step Down Moving swiftly, to clear the (leeks of the state government for Acting Gov, M.

E. Thompson to take over, the Georgia Senate Wednesday afternoon voted, to rescind all confirmations which had been given appointees of Herman 'almadge. The resolution revoking the Mr. Page had indicated to news- previously approved confirmations men that they were ready to step was offered hv fen Ever it down and turn the departments was offered by Sen. G.

Everett jQver tQ appolnteeg E. gave the key to Governor Thompson, who in turn gave them to Mr. Landrum. Mr. Landrum returned to the capitol and locked the executive offices for the night at the request of Governor Thompson.

New Patrol Head The Georgia Highway Patrol quietly went under new. leadership Wednesday afternoon when Major P. Smith, appointed director by Talmadge, relinquished the safety directorship to Major J. Q. Davis, the Thompson appointee.

The status ln the other departments is as follows: James L. Gillis, Talmadge-appemted state highway director, said he was ready to step down and turn the department over to the selection of Mr. Thompson. Warren Neel, of Atlanta, is the Thompson appointee for the highway post. Charles Redwine, state revenue commissioner named by Herman Talmadge, said he was still performing the duties of the office and added he had not heard from Stonewall Dyv, of Newnan, whom Tunis Pan 7, Cebnnos IN TODAY'S JOURNAL SENATE OK'S COMMODITYvCREDIT.EXTENSION WASHINGTON, March .19.

(UP) The Senate; agriculture committee Wednesday approved unanimously a bill extending the Commodity Credit Corp. until June 30, 1948. AUSTIN TO CONFER WITH TRUMAN LAKE SUCCESS, N.Y March 19-(UP) Warren Austin, chief U. S. delegate to the United Nations, will go to Washington for special conferences with President Truman and foreign policy lenders to be held later.

this week CHARRED BODIB HINT MASS MURDER SPRINGFIELD, Mo, March 19. (UP) Bodies of a man, his wife and only son were found in the charred wreckage of their new home near here Wednesday and officers said they believed the family had been wiped out by. foul play. The victims were Harold 'H former business agent for an AFL clectrichl workers local; Clara 45, jafld Harold H. Conant' 28, 1 Niy veteran of World II.

etopped on Boulevard, its horn honking as two ducks stroll across street remarking that it is a lovely rainy, day. Construction straw boss, after another look at the clouds retreating to the shelter of a nearby bee parlor. Four bedraggled little boys ooping home at dusk to end their alarmed parents, four -hour search in the Beecher rd arejx. Millican, of Atlanta. Attaches of the Senate clerks office said that 21 'appointees of Mr.

Talmadge had been confirmed. Among the major appointments which are revoked by the Senates action Wednesday afternoon are: Charles Red wine, state revenue commissioner; James L. Gillis, state highway director; S. Marvin Griffin, adjutant general; Major J. P.

Smith, state commissioner of public safety, and James Page, state parks director. RCf 9g JA1I B9 MAI W4 a Thompson. The keys to the executive mansion were delivered to Mr. Thompson after brief maneuvering by the executive secretaries of the. two men.

Governor Thompson's executive secretary, Phil Landrum, requested the keys of Benton Odum, the Talmadge secretary, when two met in a capitol corridor, Mr; Odum politely refused, saying Mr. Talmadge had instructed him to deliver them to Mr. Thompson himself. Later the two went to. Henry a vllk AlvlU McLemore Piney Woods Pete Radio 20 Rogers .15 Society 18, 19 Sports .12, 13 Tradewinds .21 Want Ads 23-29 WincheU ....15 Books.

16 Bryan Childs ......14 Comics 27 Crossword ..20 Danforth .12 Deaths .22 Editorial 14 Markets .,.,21 ....15 New Belgian Cabinet 1 BRUSSELS. March 19 (VP) A new Belgian Cabinet, headed by Socilist Paul-Henri Spaak and composed entirely of Socialists and Catholic Party members, was formed Wednesday after the Liberal and Communists had refused to participate in a coalition government. TOMORROWS SUN AND MOON p. m. i MU.

p. a. I Earlier in the afternoon, all qutlGrady hotel, where Mr. Odum.