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' Auto Drivers, Notice. ; : Union City Commercial, Union "City, Tenn. Gentlemen; I-am in closing you herewith an opinion re cently handed down by the Supreme -Court of Tennessee, which I am sure will be of interest to the public. If you care to you may publish it. This case was briefed in the Su preme Court by Mr. Will H. Swig ' gart, Jr., Assistant Attorney General or the State, and I understand that 'the court, after a very careful con iside'ration ofthe law on the subject, adopted "Ceneral Swiggart'a views as correct and followed his brief in' de livering its opinion. ' Yours very truly, THOS. 0. MORRIS. Dyersburg, Tenn., Oct. 19, 1915. Inoxville, September Term, 1915. Max Lauterbach vs. The State. ' OPINION. Plaintiff in error was indicted in tbe Criminal Court of Hamilton County for "unlawfully, feloniously ' and recklessly" driving an automo bile upon John D. White, and. there by causing his death. "At the time," continues the indictment, "said Max . Lauterbach was driving said auto - - mobile along St; Elmo avenue, a pub lic thoroughfare, at a rate of speed in excess of twenty miles an hour, and in disregard of the presence of said John D. White. Whereby the grand jurors present tha the said Max Lauterbach has committed in , voluntary manslaughter, etc." He was convicted and sentenced to an indeterminate period of from one to live years in the State penitentiary. He has appealed to this Court and has assigned errors. H The weight of the evidence shows i that, on the occasion referred to, the : plaintiff in error was driving his au tomobile at the rate of from twenty five to forty miles an hour, as estf- -mated by the various witnesses who ip testified. , The weight of the evidence further shows that John D. White, a child six years old, was walking with ; his sister on the west side of the avenue, within ' the traveled way, there being no sidewalk at that point. His sister held him by the land, but he suddenly Jerked away Just as the automobile was approach ing, ran in front of it, and was killed. ' - Our Act of 1905, Chapter 173, provides "That no automobile shall be run or driven upon any road, street, highway or other public ' thoroughfare at a rate of speed in 1 -excess of twenty miles per hour," Section 6 of the same Act makes the violation of any of the provisions thereof, a(' misdemeanor punishable by fine of not less than $25.00, nor 'more than $100.00. St. Elmo ave nue is a much traveled street, in the town of St. Elmo, in Hamilton County. i It is insisted for plaintiff in error that, Under the facts stated, his con viction was erroneous. We do not think so. His violation of the statute by running in excess of the speed limit 'there prescribed was negligence. . One who kills another in the act of committing such negli gence is guilty of felonious homicide. State vs. Campbell, 82 Conn. 671; 18 Am. Cas., 236; Statevs. Goetz, 898 Neb. 34, 130 N. W. 972; 24 Ann. Cas., 495, 33 L. R. A. (N. S.,) 403 And the rule is general at common law that one who kills another while committing an act of negli gence is guilty In like manner. See extended note to case of Johnson vs, State, 61 L. R. A. 277 et seq. The plaintiff in error is not re lieved by the fact that the child ran suddenly in front of the machine. One who is engaged in the perform ance of any unlawful act must take the criminal consequences of what ever happens to the third persons as a result of that act. It was his duty to anticipate that he might encount er not only grown persons, but even little children; or even people who were affected with blindness or deaf- the plaintiff in error could not be convicted. In response, the trial Judge said: "The Court gives you that instruction, gentlemen of the Jury, and further states to you this proposition again that if the reck less running of the machine caused the death of this child, then he is guilty; if it did not, then he is not guilty." From what has already been said, it is apparent that there is- no error in the foregoing of which the plaintiff in error can complain. In our judgment the instruction, as requested, should have not been given at all. There were certain improper state ments made by the District Attorney-General in his address to the jury, to the effect that if anybody should run over a six years old child of his, he would take a cannon and shoot him. On objection being made by counsel for plaintiff in error, the Attorney-General said that he knew that it was against the law to do such a thing, but he would do it These were improper statements, and should have been rebuked by the trial Judge. We do not think, how ever, there should be a reversal on this ground. The conviction was thoroughly grounded on the evi dence, and we do not think that these improper statements made by the law officer of the State in fluenced the verdict. This being true, we cannot reverse. Acts of 1911, Chapter 32. There being no error in the judg ment of the trial Court, it must be affirmed. (Signed) NEIL, . - Chief Justice. Beware of Ointments for Catarrh that Contain Mercury , as mercury will surely destroy the sense of smell and completely deranire the whole system when entering it through the mucous surfaces. Such articles should never be used except on prescrip tions from reputable physicians; as the damage they will do is ten fold to the cood vou can nos. sibly derive from them. Hall's Catarrh Cure. manufactured by F. J. Cheney & Co.. Toledo. O.. contains no mercury, and is taken internally, acting directly on the blood and mucous surfaces of the system. In buying Hall's Catarrh Cure be sure you get the genuine. It is taken inter nally and made in Toledo, Ohio, by K. J. Cheney & Co. Testimonials free. Sold by Druggists. Price 75c per bottle. Take Hall's Family Pills for constipation. NEWS NOTES. nebs- One who disobeys the statu- tory-.Nrules as to speed is acting in defiance of law and must be held to - have anticipated the possibility of any injury caused by his reckless driving.. The little child was too young to be guilty of contributory negligence; but even if it had been a person who had arrived at years of descretion, and he had committed any act simi lar to that of the child, the plaintiff in error would not have been free of criminal liability; since the rule of contributory negligence does not ap ply o criminal cases. State vs, Campbell, supra, Reg. vs. Longbot- tom. 3 Cox C. C. (eng.) 439, Reg. vs. Kew, 12 Cox C. C. (Eng.) 335, State vs. Moore, 129 Iowa, 514, and other cases in note to Schultz vs. State, 24 Ann. Cases, 1912, C. 510 et seq. , An instruction was offered, in the trial Court, to the effect that if the jury should find that the death of the child "was caused by his sud denly breaking loose from his sister and running into the automobile," A conference of Pan-American diplomats will be called by Secretary Lansing this week to decide on a basis of recognition for the Carranza Government in Mexico, and it was announced that all the countries were in accord on the American Initiative.1.. With the indictment in New York of Max Lynar, also known as Count Loudon, on a charge of bigamy, U. S. secret service agents began in vestigations of activities in behalf of Germany and Austria by a man un der the name of Lynar. Delegates of the Laymen's Mission ary convention in Chicago were told by a missionary returned from Tur key that aid must be sent to Chris tian Armenia, where extermination faced the remnants of a race cen turies old. Eldridge Griffith, of Benton, Ky., a freshman of the State University, was killed during a celebration of a class tug of war victory when a street car struck a rope stretched in front of it and was thrown to the pavement. Plans of Secretary Garrison for a regular army of 140,000, a conti nental army of 400,000, enlisted for six years, and otherwise strengthen ing the military establishment, be came known Monday. In the banking offices of J. P. Morgan & Co. the $500,000,000 An glo-French credit loan contract was signed by Lord Reading and others of the visiting commission and Mr, Morgan. mr$' K.$ " nil' fimm 'mm A - w M it & MB MMM mn M ; rM rm v M $m -mm awl ifi Wo Suil lixvl f. t i " j 4f-.n -y. . ;. . , ... itt.. V"?;f J JS SJmim. 11 mnr urn wr ! in mim$mmi&)mMMmi ' nun n ir.i mi 1 -MMuttmuriAuw-Xk'iii'iMmuwma iy.'i;ir.i-Mitiv;t.v-js- . ., . .. :m - L i-S"t:&i lb It J mM it f j Freckles Angel Wessner Mrs.Duncan Duncan At Reynolds Theatre, Tuesday Night, October 26 WISHED SHE COULD DIE And Be Free From Her Troubles, bat Finds Better Way. Columbia, Tenn. "Many a time." Bays mrs. jessie snarp, oi IIUS place. "1 wished I would die and be relieved m my Buttering, irom womanly troubles. I could not get up, without pulling at something to help me, and stayed in bed most ot the tune. 1 could not do my housework. The least amount of work tired me out. my neaa would swim, and I would tremble for an hour or more. Finally, 1 took Cardui, the woman's tonic, and I am not bothered with pains any more, and 1 don't have to go to bed. In fact, 1 am sound and well of all my troubles.". Cardui goes to all the weak spots and helps to make them strong. It acts with nature not against her. It is for the tired, nervous, irritable women, who feel as if everything were wrong, and need something to quiet their nerves and strengthen the worn-out system. If you are a woman, suffering from any of the numerous symptoms of womanly trouble, take Cardui. It will help you. At all druggists. t Writ t: Chattanoora Madldna Co., Ladies' AdTisory Dept.. Chattanooga, Tnn., for Sttciml luMtructiem on your case and 64-pa? book, "Horn Treatment for Women." Id plain wrapper. M.C. 13S District Conference of Woman's Missionary Society. Did you ever fail to drive out to the country in October, along the roads thru the woods to some church in the vale? Then you cannot under stand what a Joy it is to visit Mount Zion and mingle with friends and relatives there. Owing to recent rains many of the delegates were not able to be present, but what was lacking in numbers made good in fine reports. Those from Union City, Mrs. Swig- gart, Mrs. Butler and Miss Clara Mc Connell were a part of the W. M. S., Mrs. Tittsworth. Mrs. Youne. Miss Dahnke and others of the Y. W. M. S. were present and all who could get there. The meeting was opened with sing ing, led by the excellent leader, Mr. Thompson, and his wife as pianist. Miss Clara McConnell presided over the meeting, our district secretary. A short scripture lesson and prayer by Rev. C. A. Coleman, of Cayce. Another song was given and all sang like they took pleasure in music. The address of welcome by Miss Bowen was given in her quiet way, yet from a Mount Zion heart of wel come, and responded to by Mrs. H. B. Terry, of Martin, who represented the conference. , A sweet and suitable selection was given by the Misses Bowen as a duet, after which the reports from the delegates were read or spoken. Some of the reports from smaller places ought to put Union City to shame, Why is the subscription so small for our church papers? Mrs. Butler Mrs. Owens and Miss McConnell made a plea for more subscribers to the Voice, the Midland Methodist and the Young Christian Worker, The hour spent in discussion was interesting and spirited, the follow ing questions being asked: What is the pledge fund? Should an honorary member pay dues? oyirs. uwens, or Fulton, was com plimented as being an ideal worker. Mrs. Butler's talk on children's work in the church was instructive She displayed' the banner and pins, white and blue, with the pansy, rep resenting fidelity, purity and service using the beautiful comparison, "The Methodist Church is a succession of links, but no chain is stronger than its weakest link." How earnestly we should strive to make the links strong. The dinner hour an occasion for which Mount Zion is noted. Go once there to dinner and you will go again and again. After this refresh ing hour we were called in church by the song, "Sweet By and By," and the chapter, "Let not your heart be troubled," and a 'prayer by Mrs. Swiggart, who conducted the memo rial service. A special song by Mr. Thompson was followed by the names of those who have gone on higher in the work. The Union City people will be pleased to know that the name of Mrs. W. W. Hall was called with" reverence and many testi monials of love and esteem were tendered to her memory. Mrs. War terfield read a paper on "Missionary Study." Mrs. Owens, who read an article on publicity, struck a keynote when she said ''This is all -the Lord's work," and her words were heartily indorsed by every publicity superin tendent present. Mrs. D. A. Luten read a selection called "Others," a favorite' phrase of the note'd General Booth, using the poem, "Abou Ben Adlum," to carry out the illustration. Mrs. Winsett, of Troy, read touching paper on "Our needs in the missionary work." Motions were made and carried that some of the papers read be published i,n the Mid land Methodist and Woman's Edition soon to be presented in Union City,. , -Some good talks were made by the pastors after which Rev. Butts dis missed the meeting with prayer. This was decided one of the most instructive and pleasant days ever spent at Mount Zion. The following report, showing the year's work, speaks for the untiring energy of our district treasurer, Mrs. W. H. Swig gart, and our district secretary, Miss Clara McConnell. DISTRICT REPORT. Pastors 22. Churches 65. Eigh teen churches doing organized work. Twelve with one organization. Eight with two organizations. Seven with three organizations. Sixteen adult societies, 331 members. Eight young people societies, 145 members, Eight junior societies, 173 members, Total membership 649. Mission study classes 7. Mission study mem bership 188. Subscribers to Voice 132. Subscribers to Young Christian Worker 56. Since January the sec retary has written 51 letters, 60 postals, made 10 visits outside of M. E. Church and used the telephone freely. Result: A marked improve ment in the general condition of the district. More interest in the work and good results from the member ship campaign. An increase of 116 since January. Since October, one new adult society at Troy; four young people's societies, Fulton, Mar tin, Cayce and Shady Grove. Fulton leads in all three organizations. Five rural orgainzations, Mount Zion Shady Grove, Palestine, Boyett Chapel and Walnut Grove. Amount sent to district treasurer since last October, $1,628.57. Miss Bowen reporter for Hickman Courier. Mrs. D. A. Luten, Union City papers. $3.50 TO $5aPO V -A I m ' 1 - ' Tmm-m. c Pi : c ) 3 A Few Specials at $6. $3.50 M , 10 ;IC $5PO American women have found that Queen Quality Shoes make it impossible to judge footwear by the price paid for it. Queen Quality style is priceless. Qyeen Qyality comfort is invalvable. Qyeen Qyality shoes demonstrate that comfort and the very best style can be successfully combined in a sh oe. $3.50 to $6.00 W. G. Clagett Co. If your child starts in its sleep, grind its teeth while sleeping, picks at the nose, bas a bad breath, fickle appetite. pale complexion, and dark rings unde the eyes; it has worms; and as long as they remain in tbe intestines that child will be sickly. WHITE'S CREAM VERMIFUGE clears out the worms strengthens tbe stomach and bowels and puts tbe little one on the road to health and cheerfulness. Price 25c per bottle, bold by Oliver's Red Cross Drug Store. Adv. Eeal Diplomacy. A young student at college in want of 25 wrote his uncle as fol lows: "Dear Uncle If you could see how I blush with shame while I am writ ing you would pity me. Do you know why? Because I have to ask you for a few dollars and do not know how to express myself. It is impossible for me to tell you. I pre fer to die. I send you this by mes senger, who will wait for an answer. Believe me, my dearest uncle, your most obedient and affectionate nephew. "P. S. Overcome with shame for whafl have written, I have been running after the messenger in, or der to take the letter from him. but I cannot catch him. Heaven grant that something may happen to stop him, or that this letter may get lost." , The uncle was naturally touched, but was equal to the emergency. He replied as follows: " "My Dear Jack Console yourself and blush no more. Providence has heard your prayers. The messenger lost your letter. Your affectionate TEXT OF LAST NOTE IN FRYE CASE PUBLISHED Opportunity to Escape in Lifeboats Not Satisfactory. Washington, Oct. 18. Publication to-night of the text of the latest note sent to Germany in the case of the American ship William P. Frye reveals that the United States does not regard "an opportunity to escape in lifeboats" as sufficient safety for passengers and crew of any American vessel destroyed when carrying contraband. The note, dated Oct. 12, expressed satisfaction that Germany agreed to the American proposal for a joint commission of experts to fix dam ages for the loss of the Frye, sunk by the commerce raider Prinz Eitel Friedrich. "Without admitting that the dec laration of London is in force," says the note, "and on the understanding that the requirement in article 50 of the declaration that 'Before the ves sel is destroyed all persons on board must be placed in safety' is not sat isfied merely by giving them an op portunity to escape in lifeboats, the government of the United States is willing, pending the arbitral award in this case, to accept the declara tion of London as the rule governing the conduct of the German govern ment in relation to the treatment of American vessels carrying cargoes of absolute contraband." In the Frye case the commander of the Prinz Eitel Friedrich took all on board his own vessel. When the Leelanaw, an American ship carry ing absolute contraband, was de stroyed, the crew was taken aboard the submarine and transferred later to small boats when near shore. No complaint has been made, therefore, as to past treatment, but an effort being made to safeguard American is Join in Attack on Bulgaria. Athens, Oct. 18. (via London). French troops in Macedonia have re ceived their baptism of fire near the railway bridge at Hudovo Viladovo, where they were attacked by 40,000 Bulgarians. The fighting continues. The Bulgarian artillery is bom barding the Vilandovo garrison,, which is offering stout resistance. London, Oct. 18. The allied forces have begun operations against the Bulgarians with unexpected zeal. and already the Serbo-Anglo-French forces have penetrated into Bul garian territory Just north of the Greek boundary and are attacking the Bulgarian stronghold of Strum nitza, according to Saloniki advices received by Reuter's from Athens. Mr. Wilson "Nounced." Two automobiles drew up in front of a hotel on West Eighteenth street, and half a dozen men stepped out of them and into the hotel. They walked right into the elevator and asked to be taken "to the apartment of Mrs. A. Wilson Howe, the sister of President Wilson. No. sir," said Rupert, the ele vator boy. "Y'ain't ewlna nn un less you's 'nounced." t "All right, then." "Who'll I 'nounce?" asked Rupert. "Mr. Wilson." As Rupert went to the telephone board one of the secret service men added: The President of the United States." Rupert, who was a West Indian training, stood up straight and made this explanation: Ah don't care, Miss Anderson'.' the owner, said ius' th' other H wan't to leave no one upstairs . cept they's 'nounced, not even the President of the United States. New York Sun. If you trade with The Toeeerv vou SftVQ ItlftnPV H nor rmf rlienMint a . uncle." Exchange. ' lives in the future on your purchases.