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REFUSES TO ENJOIN RACIM.
Supreme Court Decides Issue in Co
lumbia Case-Attorney Lyon
Columbia, Jan. 8.-The supreme
court today refused to grant the pe
tition for an injunction against the
Columbia Racing association, if being
held that the racing had ended, and if
it had constituted a nuisance, it had
been abated by discontinuance.
"If the affidavits are presented
promptly, containing the proper infor
mation that betting is being carried
on a: the Charleston racing meet, I
will immediately institute proceedings
looking to getting an injunction, for I
am of the opinion that injunction will
lie in such cases," said Attorney Gen
eral Lyon this morning in discussing
the racing situation following the ac
tion of the supreme court in dismissing
the 'petition and the rule to show
cause, which had been issued against
the promoters of the late Columbia
racing meet. Those against whom
the petition and the rule had been is
sued were: A. N. Elrod, J. W. Rice and
C. J. Lynch, F. W. Armbroster and A.
T. Helse, and on January 4, when the
case came up for hearing before the
supreme court, they ordered these
paTties to make additional returns,
whibh were filed this morning. They,
as the respondents in the matter,
are to pay the costs.
- Because Races Had Ended.
In the additional returns this morn
ing C.. J. Lynch, for the late Columbia
Racing association, the other two
members, A. N. Elrod and J. W. Rice
having left the city for their homes in
other parts of the country on Janu
ary 2, showed that the alleged nuis
ance, had been abated in that the
races had ended and the matter
brought to a close, they showing this
was done in good faith. The court
took this view in dismissing the peti
tion and the rule.
A. T. Heise, in his return, showed
that he was not connected with the
Columbia Racing asociation, only that
he was selling tickets at the track. F.
W. Armbroster is absent at his home
and the return he filed on January 4,
denying that he was head of the book
aking, was allowed to stand.
NelIson & Nelson, counsel for the
:racing meet promoters, contended that
the races had ended on December 30,
and there was nothing for the court
*o consider. They held that this was
done in good faith and contended that
the petitioners, even while the races
were on, if the conditions existed as
was alleged in the affidavits, they had
an adequate remedy at law.
For Future Conditions.
Attorney General Lyon argued the
eause for the State, and asked that
the injunction fbe issued, taking the
view that there was no assurance that
\these parties would not at some future
date hold another racing meet, and
the same conditions would exist. The
attorney general stated in the course
of bis remarks that his informa
tion was that betting was carried on
each year on, horse racing at the fair,
and were 'the court to grant the in
junction asked it would have a deter
rent effect on the alleged betting on
horse racing each year at the State
Alleged' Nuisance Abated.
But the court took the view that the
racing had been ended, and if there
was a common nuisance carried on
while the races were in progress, as
alleged, it had been abated, and that
the promoters in ending the racing
meet were acting in good faith. This
is the interpretation of the order of
the court, which dismissed the peti
tion and the rule to show cause, and
ordered the promoters of the late Co
luhmbia racing meet to pay the costs
of the action, wI-ich is construed by
those bringing the action as a victory
The Charleston Meet.
Whether any effort will be made to
enjoin the promoters of the Charles
eon racing meet is not known, but
the attorney general is of the opinion
that if information to the effect that
betting on horse racing is being con
ducted at the Charleston racing meet,
an injunction will lie against them,
and he will bring the matter prompt
ly before the court if the proper af
fidavits are furnished him.
However, the fight on horse racing
in South Carolina is not likely to be
brought any more into the courts, but
will be transferred to the legislature.
NEGRO XILLED) BY WIRE.
Columbia State, 9th.
A blue flame penetrating the murky
ddrkness, a piercing cry was heard
and a silhouetted figure in the back
gound, groping and staggering, is the
tale of the death of negro man last
Ti!ght. Edward Allem grasped a
a Gil '.ii:s.i A POOR
ATLANTA BOY FOR HUSBAND
Salesman Elopes With the Daughter
of New York Capitalist--Await
ing Word From Father.
Atlanta, Jan. 6.-In a little suite of
rooms in the Aragon hotel, where they
have been since Sunday night when
they were quietly married at the home
of Dr. Len G. Broughton, are Mr. and
Mrs. Ben Daniels, anxiously awaiting
word from D. D. DuPree, New York
capitalist, retired lawyer and-vastly
mcre important-Mrs. Daniels' fath
The marriage of the two, solemniz
ed Sunday night, was the culmination
of a romance of a year's duration that
'began at the Hampton Terrace hotel
in Augusta last winter, summered in
New York, spent the autumn in the
mountains of Tennessee and came to
Atlanta New Year's ,for the last act.
Not since Mary Elizabeth DuPree,
traveling with her father last win
ter, met Ben Daniels, of Atlanta, then
a traveling salesman for the National
Cash Register company, but now em
ploye in the office of the Bowser Tank
company, in Peachtree street, have the
pair ceased to battle against the girl's
father's objections to the match.
But, as always young love found a
way, and while D. D. DuPree sat in
his hotel apartments in New York
Sunday night planning a European
trip for himself and his daughter,
"Betty" DuPre, as she likes to be
called, left the home of her grand
mother in Dayton, Tenn., changed cars
at Oakdale for Atlanta and was mar
ried to the man her father objected to.
Mrs. Daniels was perfectly willing !
to talk of her marrtage at the Ara
gon hotel Friday afternoon, especially
when the reporter promised word
from her father. She was bundled
up in bed in a fluffy pink blanket as
she told the story of the romance.
"I don't know what he will do now,"
she said laughing. "Maybe he will
disown me, because he didn't want me
to marry Ben. You see, he had a
man all picked out and laid away on
the shelf for me.
"No; there is no use me telling you
who he was. I called him 'Billy,' and
'Billy' was a pretty nice boy-but-"
Then young and pretty Mrs. Dan
iels-she .is nineteen and tall-drop
ped long black 'lashes over a pair of
wide blue eyes and smiled broadly.
"As long as you know so much
about the marriage I might just as
well tell you the whole story, if you
must know it,". she continued, push
ing back a mass of heavy black hair.
"I don't know why it was that fath
er objected to my marriage with Ben,
excepting that he was strong for
Billy, but he' took me away from Au
gueta, and tried to keep me from
writing to Ben.
"Then he sent me to Dayton to visit
grandmother. You know we live in
Tennessee, but spend most of our time
in New York. I stayed two months at
Dayton, and father wrote me to come
on to New York and we would go
abroad and to Bermuda.
"I had it all arranged, and when
I left Dayton I just changed cars at1
Oakdale and came on to Atlanta. That
was last Sunday. Ben met me at the
station and we went - to Dr. Brough
ton's house and were married. It was
funny, Dr. Broughton knew right away
that we were runaways. He said:
"You two have run away to get mar
ried. I can tell the symptoms."
Mrs. Daniels would be called re
markably pretty. She is of the French
type with dark hair, blue eyes and
clear translucent skin.
"We are only going tQ be in At
lanta for another week," she said. "I
want to 'hear from father. I wrote him
Friday, 'but we haven't heard a word.
I expect that we will both go to
Florida for the winter-Dayton or
Palm Beach. We haven't decided
Een Daniels is well known in At
lanta, and has been here for several
years. He was formerly connected
with the local force of the Naionail
Cash Register company, but is now
employed as a salesman on a cor?
mission basis for the Bowser Tank
company in Peachtree street. He
could not be locat-ed by a reporter for
the Georgian Friday afternoon.
According to information received
from New York D. D. DuPree is on
his way to Atlanta. It is understood
that Mrs. Daniels, then Miss Mary
Elizabeth DuPree, left her grand
mother's home in Dayton, Te.nn., with
$800D for spending money, which is
helping pay honeymoon ex12enses.
Kills a Kurderer.
A moreIP2s mne-derer is Appendici
tis with many victims, but Dr. Ving's
New Life Pills kill it by pre-veption.
'They gently stimulate stomach, liver
Iand bowels, prevenLing that clogging
that inivites appendicitis, euritbg con
ELBERT H. AULL COMPANY
QUICKLY and NEATLY DONE
You will now find Mayes' Book
Store in the store where Ewart
Perry Co. use to be on the cor
ner of Main and College streets.
I have a complete line of every
thing that can be found in an
up-to date store of this kind.
I have a large stock of 50 cent
Box paper, the best that can be
found anywhere at that price,
that I am going to sell for a
limited. time at only
25 Cents Box.
See Window Display.
Buy Better Goods at' the
Same Price at
The House of a Thousand Things.
Save taxes and feed bills by waiting until
*after January 1, to buy your mules. We will
have plenty of them then and at prices to
suit you and your low price cotton. Can sell
you one or a carload. We will have with us
Mr. H. H. Abrams and he knows mules.
Enough said. He will be glad to have his
City Opera House3
'Friday, January, 12.
Dr. Frederick A. Cook~
The Artic Explorer will
"My Attainment of the Pole".
Your only chance to hear the.
"discoverer of the northermost land
Prices 25, 35, 50 and 75 cents.
Seats on sale Monday January 8th at N 'erry