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The sun. [volume] (New York [N.Y.]) 1833-1916, August 20, 1915, Image 4

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Hoods Hoot's Plon for Simple,
Speedy mid Loss Costly
At.nNr. Auk it Kllliu Root suc
MM II W lii having the Constitu
tional convention unanimously adopt
that section of the Judiciary article
which Heals with the laws delays The
plan hart been attacked by Kdgar T.
Bracket ami seemingly he represented
a number of lawyers In the convention
who were determined to undo thla por
tion of the work of tha committee on
Judiciary, of which tleorge W. Wlcker
ham la chairman.
Finally President Hoot came to the
lil of thla provlalon and pointed out
that the convention could not adjourn
without the ih agmlM being able to tall
their frlenda anil neighbors when they
returned home that they had done some
th.ng to atop the law's delaya and make
litigation simpler and cheaper for tha
litigant. President Moot became quite
emphatic as ha urged the delegatea
either to vote for this plan or suggest
better one.
"I heard a lawyer In New York city
the other day hottst that he could post
pone anv lulgution for aeven years."
salil Mr Root "and I asked a lot of my
legal iii-nds whether that was true
They all said they did not doubt It."
"'How." I aaked.
Why. by compelling' the honest fellow-
who mes Into court to redreae a
wrong or to secure a right to litigate
one after the other many statutory
rights that have been created by the
Legislature.' Was the answer
ourl Must lOll t IssWi
"The courts must observe the law."
continued Mr. Root, and so the plain
man who want" to get a wrong redressed
has. limiting between his demand for
redress ant his Judgment, n doten liti
gations that he has to fight out before
be son get to the end of his Judgment
"We have been making our system of
procedure here conform to the subtle,
acute, highly trained Ideas of lawyers. ;
It ought to be made to conform to tha
plain man s Intelligence and experience,
so that the farmer, the merchant and
the laborer I an understand It.
The p'an which Mr. Root was dls- j
cussing provides that :
To secure a more simple, speedy 1
gtnd effective administration of Justice
It a'lall e the duty of tha Legislature
to act with ail convenient spend upon
the re-rt of the hoard of statutory
Consolidation transmitted to the Iegle- I
laturs by the iJovernor on April 2i I
la'L end to enact a brief and simple
av.i practice act and to adopt a sepa-
rate bod) of civil practice rulea for the I
regulation of procedure In the Court '
of Appeals. Supreme Court and County
The Legislature may make the civil
practice rulea or any part thereof ap
plicable to inch other court as it may
provide. Thereafter, fron time to
time, at Lntl ill of not !es than five ,
years the Legislature may appoint a ;
comm'.s .on to consider and report
Oha? cr -s. If any. there should be
In UM law and rules governing clYtl
To tet nn I icli Report.
The Legis'nttire shall act on the re
port of each such commission by a ;
Ingle Mil and the LoflOlotUrg shall
pot otherw.se. or at any other time,
i act an) law p.-.. r.b.ug. regu'.atinir
or changing 'he civ. I procodttfi In the
Court of TjlpOgll. Supreme Court or
Count) Courts unlesi the Judges or
Jus' Ices err. towered to make And
trend civil prac.ee ru'es ehRll certify
that legislation -m ncreanary.
After the alnpt'on of the r.vll prac
tice rules by the Le-a-sla'ure under the
foquiroDMBt of the flrt paragraph of
this section the power to alter and
mend auch rules and to make, alter,
and amend civil practice rulea shall vest
and remain In the courts of tiie tata,
to i.e exi-r sod by the Judges of tho
Court of Appi ilt 'ind the .Justices of
the Appellate l Visions or the Supreme
Court, or b BUCti Judges or Justices of
the Court "f Appeals, the Supreme
Court and the County uourta as the
leg stature Shall provide.
An ggtsndHttlil to the Judiciary ar
ticle provldit k that s litigant in the
City ' iirt should have the same right
of apiieal cs a MttgSftl in the Supreme
Court .is boat ii Ih the oonvonUog by
vote ot 39 to 15,
Service trtlcle Hrilaeil.
A revised Public Bervlca Commission
article has bean greed to by (be public
utilities committee and it win ic ie
portel to the .oricer.tlon to-mniroer,
The committee declares that there
e lit be two Public Service commissions,
but adds a p ovlsion that the Legisla
ture may hange the Jurisdiction of
gather commission s-ul reduce the num
ber of mombe each ommlaslon to
no: ie.... than throe, bul it retains In
aar-h commission the Jurisdiction, powers
end duties It ROW has.
The committee also retains the pro
vision that the present Demo ratie iu fa
ll. Service , 'omm.ssionei a ftaantrl be pas
pn oved by I o . bill thai they
gi .11 le protected n office until their
respective- terms expire.
After these larail do expire thsir suc
cessors may bi removed by the Senate
on the roootninonaatiori of the CSovcrnor,
t iting the grounds on which sia-h re
moval is recomrneh lad Now the Gov
ernor run remove without the Senate s
Ano'her provision vhldh the commit,
tev r.tai:, ii in the revised article pro
hibits the Legislature (pom prescribing
a rat ,,r standard of service for any
public utility until after it has rsWiVM
a report fro n MM of the Public Servlre
ommission ehtch has investigated t ie
ejuestlon, although t Legislature may
p sa a arte Mil If the o igtmlgslon f ills
tc- report within a gpapmpj time.
The night session was devi led to the
Ponaldt ration of the iloM nuking the
Court of I'.i'ml a eowtltotlonal couit
Of record nnl !' ergl adopted without
igaaeidmant by a big majority despite
th. attacks upon it lad by Ldgar T.
Bia' kett of S irjtog i
Ctuestlon Mill He I'll! lit tnnill-
illltes Justices Inilnrseil.
The executive committee of the Pro
p:essive ei.ui'ty oinni.ttic deeded last
mght that bafofa lha Progroasl vac win
agree to fuss w th other parties In the
election of candidates ihis f ill thecandi
alhtsf. v.' i have to anawan this question:
"Will you if nomlnatad by the I'ro
awaaives tun on the Piogressive ticket,
wnetr.er you k- t any other notninatioa
or rot'"
Tii committee ptedgad its luppaoi to
Supreme Court Justices Clarke. Kepubll
ga and Clreenbaum, Itidependent Demo
riat. sha me in hug for reelection
Resolutlong passed by the coinmittee
gay that these men have "shown mirke
mess i smlnsnl tmallncattont in this
high Judn :al oHIca," aid that uhle and
Imparl ii JudgSi should I relectel
wiltiuut oppovitinn.
Opponents of Tanner Project Suggest Reference as
Separate Amendment in November Ex-Senator
Root Urges a Compromise.
Alssnt, N. T., Aug. It. The short
ballot propoaltlon is llkaly to be sub
mitted separately to a vote of tha peo
ple not fall. Overtures In thla direc
tion have been made to the Tannor
committee by those who oppose Ms re
organisation plan, led by Rusaell Wig
gins of Middletown.
The Tanner plan provides for tha
election of the Governor. Lieutenant
Governor, Attorney-General and Comp
troller. Those delegatea who a.de with
Mr. Wiggins are opposed to centralis
ing so much power In the Governor ss
ths Tanner plan does. They think thst
the ttecretary of State, Secretary of
Taxation and Flnanco and the Super
intendent of Public Works also should
be elected, these officials corresponding
to the preoent rlecretary of State. Stste
Treasurer and State Engineer.
If the Superintendent of Public Works
were elected It would take from the
Governor much of the patronage which
he would have under the Tanner plan.
aa this official would build and main
tain the canals, the good roads snd the j
public buildings snd do sll the pub
lic engineering and architectural work
for the State.
The Tanner committee la to meet In a
day or two to consider a plan to be
prepared by Mr. Wiggins and his friends
and It la the expectation that a com
promise will be effected through the
Influence of President Kllhu Root, whoee
pet plan thla Is. This would avoid what
had promised to be one of the biggest
Law Convention" Committee
Removes the Word "Busi
ness" From the Artiele.
Albany, Aug. 1. A compromise
home rule article for cities was sgreed
upon to-tilght by the Constltut.onal Con
vention's cmmlt.ee on cities of whloh
Seth Low la chairman The compro
mise gives each city exclusive power to
mnnige. regulate and control its prop
erty, affairs and municipal g vernmeni
The committee used the aorda "mu
nicipal government" In pla.-e of the word
"business" which was objected to by
Louis Marshall becaee. he sa d. It would
permit olt'es to go into all kinds of
business. Including the operating of pu ti
les utilities.
The power thus granted a City will
enable it to OJCgaaitM and managr ail
departmenLs. bureaus and ether divisions
of Us g vet Mists, and to regulate the
powers and selection an) compen
sation of all city officers and employee,
including police and health ff paid
by the city.
Each city will also have the power
to revise or enact amendments to lta
chsrter In relation to Rsj property, sf
fairs or municipal government and to
erract amendments to any local o: spa
cIM law In that connection.
A city my enact amendrr. ta to lta
chsrter or any existing special or local
law In relation to any matter of State
concern the management, regulation tad
control of which shall have been dele
gate'! to the city by law until and unless
the Legislature shall ensct a law incon
sistent with suoh amendments.
The leslsistlve body of a city may
enact such .iVnendmenta subject to the
epprocal of 'he Mayor and the Board of
Estimate or similar legislative body.
Every such enactment shail embrace
cnly one subject Everv amendment
v hi. h changes the framework of the
government of the city or modifies re
strictions as to the issuing of bonds or
Contracting debta shall he submitted to
the Legislsturs befoie February lii. 1916.
and during the flr.t week of the r- cular
: sslon thereafter, and shall take effe t
ss law sixty dav after such submission
unless disapproved by the Legislature.
Every other amendment to the city
charter shall taVe effect without submis
sion to the legislature.
The LsSgiglatUrS may del-gate to cities
lor exerclss within their respective local
Jurisdictions sue, powers of legislation
aa to matters Of St."e concern SI it may
from time to time deem expedient
The Leglalatute shail puss no law re
lating to the property, a.v.nts of muni
cipal govirnment of any v'ty unless It
applies to every city in the State.
Special city laws are ii fined as those
gfarting; the government of cities tn
mittera of Slate concern and applying
to less than ail the el ties of the State
These en ictments must b. sent to the
city authorities for approval, a Is now
the case
I i ll int. W ill I i ii ii e h it ii at a
Dinner ou Moaili) Mailt.
Big Bill Edwards's boom for Sheriff
of N'ew York county la to he exposed to
i public vew at a dinner to lie held in hla
honor at the Hiltmore on Monday nlfthl
About 100 men who think that the for
mr Street ilranlng i 'ommissioner
.-liould W eb ted S'hrleve are promoting
the affair.
The ruurman of the dinner will be
Walter R. Herrlck. form'r State Sen-
ator, who was a candidate for the
presidency Of the National Democratic
liuh laat winter, li - was defeated In
that contest by Mr Murphy's candidate.
; John M III-hie.
Mr Edwards x pacts to enter the
primaries an sti independent Democrat,
backed by a cona'.derabte group of busi
ness men who are his friends It Is said
: for him that if -ramrnany It dorses him
! Mr Edwards t ill not object Aa to
! whether or not t.n sill stay In the tight
i as an indejienilent if defeated In the prl
1 mallei there Is no prediction. His nmn-
agers will open headquarters In the
i.Vanderbllt Hotel In a tew days
Augustus ThO ma I is one of the Kd-
warda enthusiasts who will attend the
dinner on Monday. Thomas Hilly, the
riataurant man. and Walter C. Booth,
who aa Puiinny tooth waa a Prlngt
tan football star when Mr. Bdwardl waa
i performing In the same capacity, are
' among the other boomers.
Welfsrr Hoard OOll Qusrlera.
The Child Welfare Commission, which
will administer the widows' ienaon law .
will occupy until December ni the rooms
111 the basement of City Hall, whence
the Buteau of Weights ami Measures
has been moved to tho Munic ipal Build
Ing Aft. January 1 these quartan
will he used as a relief bureuu by the
Qrand Army of the Republic and th
Welfare Commission will find a home
political fights which has been waged
in Albany In years.
Mr. Tanner. In discussing the pro
posed compromise, to-night said:
A proposal haa been made by some
Of the opponents of the article reported
by the committee on Governor and other
State officials to refer the matter of
election or appointment of State offl-
clals to the people as a separate amend-
ment. The proposal la not made by
our committee, but to our committee,
It does not relate to the change In the
general scheme of concentrating scat-
tered bureaus, departments and com-
missions Into a small number, but
merely as to whether certain of the
State officers should be elected or ap-
"A definite outline of tha list of the
officers propoeed to be elected on a sep-
arate referendum has not yet been
placed before the committee on Gov-
ernor and other State officers. Whan
such a proposal Is made I suppose it
will be considered by this committer. '
but from the votes which nave been
tnken In executive session I am sure
that the question will be confined at
least to officers now eUcted by the
Those who are behind Mr. Wiggins
have been advising even a longer ballot
than at present, through the eltctlon of
the State Commissioner of Agriculture,
the State Superintendent of Insurance,
the State Superintendent of Prisons.
the State Superintendent of Banks snd
the Public Service Commissioner, but
Chairmsn Tanner served notice to-night
that he would not even submit to a vots
of the people the question of electing
these department heads.
., , .. , , .
rolPV raetiOll Said to He (JO- I
posed to Reiiomination
of the Justice.
I crowd, with the request that In some
Tammany Insured for Itself an in- returned to his wife,
creased revenue of t!.210 a year by ewapaper Maa Octe Hlasj.
rls ne; the membership in the Demo- IjMf nl)tM thf , hnork th(
cratlc unty committee from S. to ' door of O R Keeler, an Atlanta newa
I Attn nieht bu? did not succeed paper man. who lives In Marietta. When
in cotieeructlng a tltial sute of cundi
dates for the primary of September !
A difference of opinion as to nominees j
for the Supreme Court has assumed al-
most the proi-oniona ot a c ntroveray. (
' K k
It must be settled Lefor. the siate can ,
be computed '
A gr. up of dl. net le.de .. . Mlt
Thomas F. rmey. I Is ..Id. Is the leader.
is against the indorsement of Justice
Samuel Greenbaum for reelection lUey
V "T nt'v'o'f 'fesTv. Takers SS
'i at on Justice Oreenbaum was elected
o the bench in 1 10 1 a. an independent
Democrat. itice then he has given so
little attention -o niiuoe that many f
hla friends don't know what his party
Mr Foley is repreaented as having
told Charlea F Murphy mat he wxm't ,
stand tot creenbaum. and that the whole I
judicial Icket will be oueationed ,f ,
Gr.enbauni is Isft In. For his part Mr
Murphy is mindful of two facts One
f them Is thit .lustU-e Oreenbaum haa i
been Indorsed not only by Kepubii-1
cms and l'rogrssnve but by tne Mar i
Association, the O unty Lawyers Aaso-
elation and by a spec. a: committee ot
well known lawyers who lis-e go to-1
gether on a basis of non-partisanship
In behalf of a Judge whoee recorl they '
deem Immaculate. The other tact of .
grlxl b Mr Murphy Is aware is that
Richard Croker. then Tammany leader, j
wrecked the party's chance In the State !
in ls!s by denying- a renominutlon to
Just.ee .1 sej.'i Francis fa!
It Is considered Improbable tnst Mr
Mufphy will consent to a turning down
of Justice Qreenbautu, but thus far thoae
who ate clntnorlng tot it have not been
definitelv overruled
Mr Murphy arrived at Tammanv Hall
last night at Till o'clock snd attended
a meeting of -he executive committee
This committee drew up the official call
for the primary of Sep'emher 2t and
also changed "ie ratio of representation
in the genera', ot county committee.
Heretofore there has been one member
for every twenty-five voters; hereafter
there wll: be one fo- every twenty-five
voter Bach committeeman Is taxed
110 a year so the incrcis-e of 9 mem
bers raises the income from thla eource
from ISO.tkO to MO.tOt a year The
executive commit ee . action waa rati
fied hy the county committee a few
minutes later.
District leaders had an Informal dls
rugalon of candidates before the com
mittees met For District Attorney the
preferences were for Judge Kw.mn. Aa.
s'stant District Attorney Delehantv.
MaK's'r.ite t'orr'gan and Thomas W.
The Sheriff talk centred about the
names of Christy Sullivan und Richard
J I'e'aney. with some .ntereet a rouse. I
hy the candidacy of Big Bill Edwards
There are indications that the real In
side candidate for Sheriff haa nol been
puhlh-iy mentioned, and t'aat Mr Iur
pl , try to keep It ae -ret until about
tune f.,r the final fli.ng of designations,
or September 7
Ail faction! agree that Justices Clarke.
81. earn anil Delelmnty should be re
nominated, but this harmony may be
shattered If the Oreenh-auni sentiment
prevails Tom Foley Is for Magistrate
I'orr.gan for I Metric! Attornev st is
he Said to be against lireenbaum for
Justice Aa Mr F'lej'a Influence in
Tammany la second only to tha" of Mr
Murphy liimae'.f. his followers are fore
casting disaster If he la ignored
lit-(iui, atukea, sto teavaii Bi
lleves Itefiisal la Final.
In the letter which Justice Charles R
Hughea wrote to ex-Oov Edward C !
Stokea of New Jersey, mentiuiiel in a
Trinion despatch printed In Tug BpN
yssterdav, Justice HUghei did not ixy !
flatly that he would decline In run for
President if nominated by the Ripubll.
cana. It appealed vslerday that the
strongest iilirases In that letter wire:
"As a member of .he Supreme Court
I have no right to be a can idute either
oieiil or tacitly. I cannot do my work
here and hold an equivocal position be
fort the country "
Mr. Stokea aaid yesterday : '( un- j
ilerstaml from other information than Is '
contained in the letter thai Justice j
Hughfs would feel obliged to decline If
he were nominated."
Qsorgl W. i'erklna. chulrtiian of the
I'rogressive National Comniittee. was1
asked yesterday what he thought Of Mr. '
Stokea'a vl w and the Hughea letter. He
, replied :
j I cannot so that this statement III
different from others thai have been
given out by other persons at different
Wov. Harris Also Sols Invosti
gation Plans Going Prison
Heads Rlamcless.
Atlanta. Aug 1. with the entire
country clamoring for the arrest and
conviction of the members of the mob
that raided the State prlaon farm at
Mllledgeville Monday night and lynched
Leo M Frank on Tuesday morning near
the grave of Mary Phagan. whom he
wag convicted of having murdered. State
authorltlea took active etepe to-day
toward the apprehension of the lynchera
The first move came In the offer of a
reward for the conviction of the mem-
bera by the Governor . tha second In a
conference between the Governor and
members of the prlaon commission, at
which a line of action was mapped out.
Offers of assistance In Investigating
the crime and In fixing the responsibility
poured In to State and Cobb county offi-
clale from every part of the country,
The Governor's reward will total only
jli 50". since this la all he has at his
dlspoeal. the total reward sum for the
yar in Georgia being only M.OOO. a
Part of which has already been apent.
Reward Will tio tllejher.
certain, however, that this sum
will be so grsatly lncreaeed that the
man or men who can turn up the mob
members will be comfortable for life,
state officials were Informed to-day
thst Chicago cltlsens would raise I0.-
oon snd thst New York would also see
to It that all necessary funds ara raised.
Within a few days Oeorglu will be
overrun with detectives They will he
welcomed in Georgia and will be given
every sld In thsir Investigations. The '
Marietta police and Sheriffs of a dolen
count lee are also busy on the case and
belteve that within a short time Uiey
grill have progress to report.
It Is probable that the real start of
the invrstlgitlon Into the crime will j
come next Tuesday, with the Coroner's i
Inquest at Marietta. This Inquest was ,
started this week, but was postponed un-
til the later date, when the authorities .
would have more light on the caee
A dramatic feature of the Frank case
was revealed to-da in the action of the
mob thit lynched prank in carrying out
the laet request he made.
Juet be-fore Frank was hsnxed he
took from his finger his wedding ting
I and gave it to one of the men.Vrs of tha
he answered the knock ha was handed a
little package, and the messenger at
onr, ie,
in thla package whs the ring and a
note which informed him of Frank's last
request and ordsred him to destroy the
note at once and also to forget the
mmisspir who brought It Th oruer
has been rlgWIy followed, hut the ring
g on Brooxly"
u mwut there 10 Mr. Frank,
, ,.... , .... ,
' h., ' ,v.
WrTS the
mi. il.l.m.ni In whle. h. ..'. .Mai
- ------ -
"".J xuthorltle. had done . lhr
roul'' wr ! to be blamed for
the lynch. ng.
The Atlanta Chamber Of Commerce
passed strong resolutions deplorirej the
crime, geclarlng that It had Injured
and was not representative of
snd calling upon the author!-
ties to see to It hat those guilty of the
crime be promptly punished.
Doubt Mn mi Scene.
Gov. Harris's proclamation Is so
drawn that It leaves room to doubt as
to whether the sctual slaying Of Frsnk
-ccurred at Marietta. In Cobb county,
or at MllledgwvH'.e. in Baldwin county,
This covers ths possibility that Frank
was killed by lynchers before that party
reached Cobb county, a belief alisred
In by many.
The point is raised that It Is entirely
probable that the body was displayed
at the place where It waa found It the
purpose aid with the intention of forc
ing trial of the case or cases In the
evert of appre.ies.si in of jny of the
1 n.-hera In the county wficre the feel
ing againat Fraa k la bitter at. I :.. re
UM famil of Mary Fhag-an, the mu:
dered girl, lived.
The proclamation of ;ov. Harris re
ceived here to-night la as follrae.
State of ileorgla; by hla Ex.el'.sncy
N E Harris. Oovernor.
A proclamation.
Whereas offtcta Information haa
ben received at this Department that,
on the night of Auruat g, 1915, In
this Stite. one Ieo M Frank, a pris
oner held in custody of the Stste. was
vi .'.ently tak'c from the hospital of
the Sute Penitentiary In Baldwin
county, and found dead In the county
of Cobb on the morning of Auguat IT,
I til, having met his death at the
hards of unknown iiarties. and,
Whereas those engaged in such
transactions ars stiil unknown and
u: apprihended, and
Whereas such conduct la an attack
upon our Civilisation, besides being a
gross violation ol the law. winch the
dignity of thr State and good name
of her people require to be fully in
vestigated and tne offenders biought to
punishment. It is therefore
ordered that lha Secretary of State
record and Issue a proclamation of
fering a reward of ItOO each for UM
first three p rsODg convlctgd oi the
said offence, tot their apprehension
and delivery to the Sheriff of Baldwin
or Cubh county. Willi evidence surti
cie it to convict
N. E llAP.kta, "iovernor
Jrni ill i noper I nlnn Meeting
Cheer I'rank tear Speakers.
The lynching of lo M. Frank was
A i SCUMS d Incidentally last evening at a
tn'eting of Jews called at Cooptr Union
to eonsoler what meaeur.s should be
taken to obtain Justice for Jews at the
close Of the Euorpean wsr. Suggestion
I that Jewe should demand Justice of
. Iileoegla was revived with chiers.
N Taylor I'hilllps, wlau spoke of
j Frank's death, expressed sympathy for
the Jews of Europe, but. he added,
Jews In America have their grievances
He approved the plan of calling a con
gress of Jews.
"A congress sitting here ought to
speak firm words concerning the Frank
case," he laid. "Every J-w with a
spark of manhood In his makeup ought
tn rise up In protest. We ought not 10
lei Christiana make all of the Frank
The meeting adoptsd resolutions fa
voring the calling of a congress to
meet here or in Washington
Amoi g thr speakers were Liuis E
Brandnte, Dr. J J lllueatone. .eon
Sanders. Judge A. J. Levy and Kabbl
Moses ll.vatuion.
tinrrlcan llnr Association I nanl-
i Ii Klecta lllm President.
Salt I.aks 'itt. Aug. 1 Bllhu
Root of New York, wae unanim usly
elected president of the Amexloan liar
Association no-day.
rontinued from Ftrtt Pay
Into an automobile hearse, a small crowd
ptesalng forward for a better view.
With curtains drawn, the undertaker's
machine moved rapidly out of the sta
tion and over to Fifth avenue. Motor
cycle Policeman Howe keeping along
side to see that nothing other than traf
fic conditions Interfered with the prog
ress of the vehicle. But for the pres
ence of Howe few would have glanced
at the hearse, und even of those who
wondered at the presence of a policeman
few realised that the body of the man
whose death had aroused the country
wee being carried swiftly past them.
At Ninth street the hearse turned over
to the East Side and went down to the
Manhattan Bridge, over which It paased
to Brooklyn Such ws Frank s home
coming after six years.
Over at the Frank home the early
morning sun had shown the face of an
elderly woman preeaed from time to
time against an upper window, waiting
for her son to com home. She had
been up all night When the party
which had Journeyed from Atlanta ar
rived she hastened d aAgtaslrg and ran
out on the tepa to meet her son's wtdosr
and embrace her Then the taxlcabs
were dismissed and after the last per
sons had passed Inside the house the
shades were drawn and from ali out
ward appearances it might have been
Aa the day passed slowly more and
more persons arrived to saunter up and
down the sidewalk past the house, but
they were not permitted to linger by the
police, who wire stationed for a block
In each direction on Cnderhill avenue.
There were many cranks in the email
crowd. One of them, who said she was
tho mother of Mary Phagan. was led
away hy apectators
For a time members of the family de
nied themselves to rsporters, but Frank's
mother finally consented to make a
statement She was sitting in the parlor
with Frank's uncle. Mr .lai-ohe. a mana
of telegrams before her, which sha
handled nervously aa she talked.
I banks Friends for soiiHlh.
"I want the whole world to know how
deeply we appr.-.-iate the messages of
friendship and sympathy that have been
extend d to us from all sides." she said.
"We shall never forget these kind
friends, both Uentlle and Jew, who have
been with us in our sorrow.
"If It were not for my faith In Qtxfl
the i tod in whom le-o always believed
what would remain to us.' He Is our
only hope, (.iod Is Just snd He will deal
in His own way with those who have
done thla thing. I want you to know
that my boy went to his Maker aa pure
as he waa the day ha was born. He was
absolutely Innocent. My boy IsSlSJ In
his life told me a n, and I would take
his word before that of any one else
"test us pass over his murder I do
hot wish lo talk about It Leo was al
ways a good boy. who respected and
n cerenced women. He waa a' moral
boy. They could not produce a single
thing to prove that he was otherwise
"1 will say thla i Leo once quoted
the Xaxarene. saying. 'Father, forgive
thein, for they know not what they do.'
Mrs. Fiafik said her son would be
buried to-day at Cypress Hll.s. ihe has
asked fdhbt Lyons and Pr Marx to
take charge of the ceremonies, which
will be simple.
Several friends Bf Ieo Frank called
during the day, but th,- visitor who at
Oeorgil Prison Not Built to
Keep Invaders Out, He
ATLAwTA. Aug 19 Condemning mob
law and declaring that he will do all i
In his loner to bring the lynchers of Leo '
M Frank to Justice. Hovernor Har-.a
Issue.! a statement to-night In which
he shows tnat every possible effurt was
made to prote t the prisoner.
"There no man in the bounds of
tkg eltate that regrets more deeply than !
I do this unfortunate occurrence." he j
says "I shall do all in my power to !
dia-over anl bring to Justice the per- ,
petrators. u. Living that the people at!
large do not Justify the wave of lawless
ness thai seems to be spieai ng through
1 out t .e spate
"Mob law should neve- take the place
of statute law. There will be no safety
to life, lllierty or property until this is
reiMgnlxed by our iieopte
"It wsa espocially dis'.rsss'ng to me.
because the attack was made upon the
Hlates own prison, but built not to re
sis: the violence of Its cltlsens outside,
but to keep In confinement the weak
anil helpless convicts who were unfit fo.
eef .ii the chain gangs of the coun
ties "Any determined body of men from
the OUtgtdS would be sb'.e to effect an
entrance if such an attempt was made,
as the Stan penitentiary, as it Is callea.
was never built with the idea of pre
venting an attack from the outside
"There was no stockade around the
prison . only a w ire fence It was founa
cut at the time of the attack, and coula
have easily been penetrated at any
When I asked the Legialiture at
I tie I r reci ni session to ipptopriate money
to be used in building separate cells
for the prison farm some newspapers
t-ok up tic nutter and contended with
much for. e that I waa em. rely w rong
"In my consultation with the pr.son
commission over Mr Fr-nk we feit and
thought of the need of more guirus
more wirdens. but the Idea was that
these were needed to prevent his fellow
. pfisonin from hurting him. I felt that
there wis too mil tl exioaure in letting
the prisoners all sleep together In the
same gro.it ronm. but tne outside attack
w.is not considered
"H was In 1. eve. I that if I prison guard
could hold an attacking party In che. k
long enough to ge wor t to the authorl
tlea the prlaon en couM ha protect d
The county authorities were close st
hand and there was one of the best
military companies in the sute within
two mil- of the prison This com
pany, with the militia In Mi. -mi, had
bean directed by the Adjutatn-ilenernl
to keep in PCadlneM for immediate eer
I vice If callid on.
i "The complete secrecy of the move
m. w
I r - v
Lake Hopatcong
gt I NKXT aUNDAV-Also Eaery
w Sunday and Holiday
I.v. W. M St. I K: Lr. Lioetty St 9.00;
Lv. Jackacs Act., Jaraar Ccy. -17 , m.
La, Sioal ItrSeti Nceaik. l )0i. m.
Atlantic City
19 sZft NCXT SUNDY ai.o
9aS.9V w.doaad.,, Aug. 2
La, :)4 tl. IM : Li. Libcity tl . 1 10
Lv. lackaen A.tnur, leiM City, I 17
L. Iioaa Inetl, hawara, I.3.s.
tracted moat attention was C. P. Con
nolly, who wrote a long defence of
Frank. After he left the bouse Mr.
. Connolly showed the letter from Frank
' which had been written on Auguat It
It had been posted at 11:11 A. M. on
the 17th, sn hour and a half after the
; lynchers had thrown him into sn auto
' mobile and started for Marietta. It
read :
"Oxar" Mr. Connollt i I have your
welcome letter of August 9. and I desire
to acknowledge also the receipt ot your
kind letter of July 10. which I cavme
across this morning In looking over some
older letters. I sm ever so much bet
ter. I em writing ttils at a table In my
room aa I sit In a chair. It ie so hot
'and 90 degrees In my room) that I
have on only my pajamaa.
' I have gained snd sm raining right
along In strength. My appetite Is good
anpl I sleep well. I can move my head
and neck (In limitations) and this will
Improve a. whole lot In the course of a
few days. My wound la all healed up
ex ept In one little pla.-e where drainage
I still obtains. This will be healed in a
l few days. In time 1 will be all right
1 eg. in.
"I will, however, bear nn ugly scar
from it. which can of course lie covered
by a collar.
"The prlaon orncrals are so kind and
sol Itous. I have a guard night and
, day. A negro prisoner Ie at the call
) of my dear wife to do the heavy work
I This Inst episode referring to tha at
tack) Is undoubtedly due indirectly to
I Watson.
."Will you please mall Warden J E
Smith an autographer copv of your 'The
Truth Aobut the Frank CaaeT I know
he will aprectate It. He haa been kind
I to ma and is certainly a friend. He
hates the attack that was made upon
, me for sev era! reasons.
"With been wishee to you and youra
j In which Mrs. Frank joins "
Wife Had Premonition.
When Mrs Frank, the widow, heard
of this letter she exclaimed :
"Whore were the guards) that night?
I knew something wsa going to happen
to Ieo. Where waa that guard thut
night "
' To a friend Mrs Frank Hid that she
was awakened by the ringing ( a teie
phone bel; soon after midnight on the
( nlgiit Fmnk was seixt.l
"Instantly I hsd a premonition that
I somerhing must hive happened to Leo
a rd al- I h id i lea of .i , -hat
I something was. I went tn the telephone
and asked :
" 'Is this something about Leo" "Yes,'
the voice answered, 'something has hap
pened Soiieho.iv haa come and go Lao,
but we think they we:e .his friends'
'No. no. no!- I said: "his friends
wouldn t do anything like that.'"
Then Mrs Frank broke down and
I Oould not resume her story of her ex
perience that night. It waa the first
t time nhe hid referred to them, and to
speak of them brouga-.t on an outhreoK
of a ee)iing ,
Frank's Isst letter to his parents,
written on SunMy. the day lefore he
was taken from the pr.son. waa given
out by his motner yesterday. In it ha
told of eating dinner wittt his wife
and of gradually learn. ng to walk aa
he recovered hla strength. He spoke
gratefully of a box of ih'k. and clg
ar'te whl- ': had been sent to him by
a Mrs. Hein. The letter was signed
j "Your devoted son. Leo.''
ments, the careful preparation of everv
detail, the cutting ot the telephone and
telegraph wires, thus completely isolating
the prison from th- outside world, pro
vented any expected assistance and en
abled the attack to succeed.
' Thene i no provision of law for
keeping a miliar? guard over the State
farm This would be Impossible under
our existing statutes, as the Governor
cannot use the military unless the civil
authorities first requeat It.
' I would have railed out the militia
to aid them
"On Monday night the mllltlg would
have been called out had the request
lieen made In time It seema that the
mob went to the pr.son at about 1"
o'clock In the night 1 w-..v ,,. .thing
of the incurrence until aliout 1 15 Tues'.
day morning, when I wis called over the
telephone by a rerorter. who stated t
me that a mob had taken Frank fi-oni
the prison ar.d lynched him some tune
'letween it and 11 o'clock at mght
"1 had b en w-orki-g through five davs
following the Legislature's i Ijournnirr.t
reading and signing hills, and with verv
little ceaaitlon. night or 'lay. for the
whole nve days and was completely ex
hausted Mivirthileai Immediate effort
was ma.'e to get : .- mmur-c itlon with
ti e Sh r ff of Baldwin county, but the
Hneg bung down no information could
b obta Red
"The Vhsriltl In several counties along
the r ule wr eh It was believed the mob
was travelling w-re notified to k-ep a
sharp lookout for the party The
Sheriffs -f Putnam. Morgan. Newton,
Rockdale. Fulton and Cobb counties
were notified
"It is now understood, however, frim
tue subsequent events that the party
with Frank had pass I north about an
hour and a half before the oountv au
thorities on the ro.id wen reached.'"
llliiiiila Pftg Studj riiMtirr la-
chlnea nt i ii nip Mrrtlnir.
riiu,ii'', Aug A ni"Vie i h'-ol f'.r
pa.Tv.r wa opgtllMl to-J;i at the f tjrt -ninth
annual MHbo4lt caiv.p nieetltiK at
Ketiox. IH- The itrhcnl tf n . hargt f
th1 lUv. Jmp - 0 May Th "pupil
r- tn at-d t a NictUfi OH th- value
nf th mnvien In churfh MfytOii atid
then shown th' technuine of thf ma
th ne
Th cOUIfM ;llo fill fit the pnntOni to
riftall mai hirer, tn m.-ikn a proMf te
tton of ph tur.-a thruugh the film ev
' liUiiffi Mini to ftprmtt the apparaiUf
The whOOl mi i:irtei nt the requ.-j-t
t.f the pritstors. many nf whom fiertlre-i
lo exhibit pleturcs in their fhurhen.
bl uirN ! 'he pr.ifti h! knowledre.
fceUJoridte Field
Safety Rrst
Vbu can not be pror
rly insured unlets
you orat iaMy murw4.
tmganvaca Cevsrs!
Produeers of Pietnre Play
Take Step Against Thea
tre Lieense Bar.
WhaMher the film ply "The Franh
Case" is to be barred from the movie
theatres of New York Is to be decided
In the Supreme Court aa the result of an
erder signed yestrday by Justice Dele
hanty directing Oeorge H. Bell, Com
missioner of Licenses, to show cause
before Juatlce Whltaker on Tuesday why
h should not be restrained from revok
ing the licenses of theatres displaying
"Tlie Frank Case."
The suit Is brought by Samuel Q.
Edelstein and lleorge K. Rolands, doing
l.usineaa as the Rolands Feature Film
Company at 11". West Forty-fifth street.
The compla HI says the plaintiffs spent
I1S.000 In producing the play and ex
lect to receive back the expenditure and
te make large profits hy selling the right
to exhibit the film, moat of which waa
expected from Greater New York.
Many New York managers had hooked
the film, the complaint says, when on
July .11 last Commissioner Hell without
having seen the film sent word to from
1.600 to 1.100 moving picture licensee
that If they exhibited tho film their li
censes would be forfeited. These man
agera cancelled their contracts. It Is al
leged and it has been necessary to
lease the Alma elsewhere at unproAtable
prices because the success of a Aim In
the country and abroad depends on lta
aucceea in New York.
The i-ompialnt alleges further that the
Aim teswhea a "strong moral lesson' and
hae bee:, passed on favorably by polio"
chiefs and boards of censors In many
cities throughout the t'nited States. It
la alleged that Commissioner Bell has
acted In a "capricious, unreasonable and
arbitrary manner.'1
An affidavit hy Edelstein says his
firm worked on the scenario of "The
Frank Case" for a month and employed
ISO parsons. Thee expected to make
net profits of at least tSO.OOo. He says
that Commissioner Bell sent out an
order agaln't the film as "unssllsfac
tory" because the National Bosrd of
t'ensors In February last condemned
the picture "on the ground that It por
trays the story of a criminal case now
pending tn the courta"
Edelstein pointed out that Justice
Whltaker. who Is to hear the presented
application, decided In a suit brought
over the presentation of a Aim play
based on the Franco-Prussian war that
the National Hoard of Censors was a
self-cor.st.tuted bod) "and it is a quea
t! On how far it public official charged
with exircising official powers on his
own Judgment should bare his actum
on the opinion of the National Board of
E'lelstejti explains that the story aa
shown on the films Is that a discharged
superintendent of the pencil factory and
a drunken mgro porter wera In a con
spiracy to throw suspicion on Lao
Frank He refers to the statement of
Supreme Court Justice Shearn. who
went to Atlanta to investigate the case,
that the "Irnsiatible conclusion to lie
reached from reviewing the record Is
not only hit Frank is Innocent but
that the negro is guilty." Edelstein
also save .
"If It is proper for tic press and
public to urge Frank's Innocence and
Conl.y s guilt, wh.. la It not proper for
us to do so in moving pictures?"
The pa pan in the rale were drawn
before Frank was lym tied and no men
tion is made of that fact.
slops i.i. of Frank n laglss
jACksosvu.i.g. Fie.. Aug 19 When
lost ca:-d plCtUrea of I.eo Frank's body
hanging from a tree were put on sale
here to. day the Mayor immediately
stopped th. sale
POB GIRLS 4Ml taitn IIM1
silndergaruo to t'ollega. tiradustea lo leal
lag c uiieges. iiyiiiuaaltioi sad Tsaaia cftla
legue. 421 West leaio ansa
ARTS. '2in W, ;wh at Training for home
maker I irenemak.tis. deaisnlng. ralllloery
cooking accuunli. Tel. li'J Scbuy.
3l V vnth t Telep 2-.V1H Klv CoiWga
I ertlfl'-a'. liomestic h.ieme l.nsus i
l-araiiaaea. Heopeua Sept I0UI
III. I m I V N( IIIMII l i.i: i un -
nasi lad Ave ' iih Si Tel IIMMIver
Kindergarten, blenientar) llich Hchool
and -olleee Prep. Hna KU'lUSatarr llep-..
fit MKii SCHOOL I'OK huts
Pleltlsnn Waal 143d St. Bora mar remain
aitdas uiciiidiug ?ai'r. Study hour Tentui
Courta Atnletlc Kield. lalud g to Co. lege
IBT IMS si limn L. li. RAT
II W Mth St tei a site actouylw
6oys from S tn SO, All Departiueoui
e neeae etudi fee beja uadei M.
llu-147 Weal Slat streti
A (liurrh Use Scheet
in .'12 West Knd Are. Tel. Col. a to
The Ilia yaer begiaa Octota-r 4. I9IS
Outdoor aaercisea 1 to to 4 all w later
UKK.Iir Ht'HOOL. II W. 43l ST.
)a llep: .ol New Vort Preparatory school
Tborough worh. limited classss. rood fees
guoimar leasloe for Sept. KiamLastioae.
sue West Knd Ave Tel sslU Klv
Mlf Yss' lieslna Sepi :10th
Silfi Maiilaon Ave.
ReogefM Monday, i ictotier ath
Lord llurklei. A.M.. Head MSttSti
run ihiys
I Hum I'RIMAKV TO i ill I H I
A SI'MIAT. lit lis ON HI i)l I M
till H IIOOl , 4 Ol.I.er.P. AND CAMP
I It' U eg, T SCN. N. T. CITT.
N1W YORK New York City.
.rnJualf Ai.i.ti.ta Imrf'M n.'lrt srhnii
The tesiher who loves Ie laach ind
Itnewa hew lo leach. Interpretive,
aimplified clsaaic. racial and ball,
loom dancint. Daily nouns
clsaaea, teechert and aiaalsuri
Catalog 7 West 42d St., N. V.
$10,000 SOUGHT TO
Committee Formed Here to
Help Bring Leo Flunk s
Slayers to Jdatiee,
A number of promirt't - vorK
Jews and Christiana alike
formed themselves Into . Use
help bring Lao Frank's bnche-. - yif
tire. mt in the chambers Of I . S. rrt.
ward Swann In the Crlfl I j-..
Building yesterday and e t 1 j.,ag,
Swann temporary chalrm.tr.
They made arrangement. ' - ,p
peal for subscriptions t i kdd to the re
ward which has bgin offered tot the
capture of the lynchers a- 1 ,-vhf
evidence of the crime w' -. wli
place before the authorities f ci-orgl!
Prlvste detectives a d er It vastl.
gator will goon be or. their way tl
Oeorgla as a rmult of C como ttari
activity, and the reward f , - tsa
commlttee hopes to ,,ffer will h c,ju
to 110,000.
It wag ssld yester l.iy t , -. , icon sf,
detectives had offer-d their len .t y,
the committee gratuitously, if tht cota.
mlttee would only sanction t . r ko.iuj
to Oeorgla In Its behalf. dasplu ta
reKrt that Oeorglans resinl -:,.
ing of Northern baspaotigatori
Igldore M. Levy, a commtii nir at
tha Boaid of Ed c a- - , j.B
at the meeting, aiinouncei t .- .,.,.
tiona should lie n t Herman a.
Mats, former Comptrol-, r nig se
lected as hsmporf y treaiurir
Levy waa made teniforary Brit vioe.
chairman, and others w ho srira rtttM
at the. meeting were , Ian Robinsos.
Judge Hoger Pry or, ix -Congress ail
William S. Bennef and Harry s.f.a;at
president of the Kali - 1 Py e- Urt
Association, who waa llected -'.i.urafy
secretary. Congi saam at. Water
Chandler also is a :ne Boer .' ibt .ta
inittee. Mr. Levy said the:.- waa present a
prominent Epiicop.il clergyman, nbum
name he was not at tibtrt) lu Lvuiga
ar.d that the comn .. -. a . ;vui
Blahop Oreer, the Rev i BJwart a.
Young and Judge S iddei ,v .ja
to Join in the movement.
Wg have refrained from nv.tun
some of the most pi e- Hebngg
in the estate to act on tht committee,"
said Mr. Levy. b-caue We u. ;. ;
any impuiaiion that thla ttea j
going to be Indue:.- : . ... any
sectarian motlv-s
"We cannot say tdo imphatl ... thai
ur object here Is to v. parata .:.. tna
Stale of tieorgia s I realixa .- a
sovereign S"at.- and Wou 1 r-. ru
s on into her affaire The Oovernor vf
Cieorgta. howevet. has ata e l Uat ot. ac
count of lack of money hi a:, iaiy
offer a email reward.
"We teal that the whole iuntry ui
tt.terested in the result A f i . are if
Justice would be a ni..:- w- an
i-een criticising Euro;.- '. j; c: a.ty
in time of war She Will alwt , citl
this lynej..ng as an gi - ol .-: ....
happen here In time of t . ght
will tell us that people :r. glaaa '.cssg
snould not throw itonaa We :. ,-a
Georgia will erortge clear ' n ,j
In which this hideous cr.ir..- : j m
When the statement by -j
Adler. chairman of the A we w
ish Committee, that hi fell ted M
decline to work w-.th -.. --.ee
was brought to Mr Levy s ai Hi
said '
"Tlie American Jewish Committal hat
not been asked to pxr'ic patl r. t.ili
movement, not because of i ,:ca
or that the men of thtl cot e an
not appreciative, but be.a'.se com.
mlttee wants to keep this mot :, n
sectarian." AND ACADEMIES
NFW KIRK New t ork t it.
ii tun ki n i.i i . i. us
I I.IOi.i' I . lu ,u ,e,. tat '
year. 75c- fn twri ir . x,v
B0i la two wieka are ri.-,i-d r...
pupils In the laat Kcgcnta' ilsnu itu
Our tunmer scUoul t iariu..v
septemher ex a nil
We guaraatee to prepve bora ' nsraga
ability between lo anl u i.-a.--. .f tat lk
llish School in ue year.
rail Term beam s.-pi -
Ths Uroa-CLAHb. m i 1 1 1 1 1 1 HT kg at
Tei. 744 t ui
STAVltoKli. ( sna.
SI .tn 1 1 tint . I iioiiei tti II
Xerl rouDtry scbooi t
e ivitiaire plan lu.lii In in
NUIRt 11 tl L. Inu
hi. MARY COMKf.i: ( IHKMT.
m .loitrph ( o. Ntiirr am- I II 1 1 i --
Complete counct in I tgia I '
and PfvMfOtory Ptpatr U
Uou.holJ Artt an A1
for CatAlogna? tddreti I
EtT tOUK Veil ..rk 1 ii
Bookkrrpiaq. Shorthand. Srrre-
tirial, fyggw riling, Sstslik. Civil
Si rt n i 4 Slrnoljpr Di pjrtmrtili.
fiavaud RetglBg sf
Ceil or srritg foi Cats) I
123d StkltMt t.
4. Schools
THF SUN maim i
must efficieiit Edui tl
This t-omplete tgrvice
I! absolutely f rgg of chh o i
.". Accurate ar.d ui ia
Infortnatton fivsn to
This sort ice M ill pr
valuable SMU'dllCC
lectuiK the proper -for
placing your boj
In writing give lufftcienl
detaila ao that intslli
advice can be given
150 Nanau St., Net ;

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