The Savannah morning news., 1903-04-17
BY The FULL COURT
WARING AND OTHERS NOW SEEK
A HEARING.
AGAINST EQUITABLE COMPANY
ONLY THREE JUSTICES RENDERED
ADVERSE DECISION.

OHe Oh IhOSe Ihree Agreed Tint
the Plaintiffs Were Correct in
Their Contention That the Conn
pany Really Operated "a Lottery.
With Five Justices Sitting, the
Petitioners Hope for a Different
Result-News of the Day from
Atlanta.
Atlanta. April disqualification for a
rehearing in the case of p. Aston
Waring and others against the Equit-
| able Loan and Security Company of
Atlanta was filed in the Supreme
Court to-day by attorneys representing
the compliments.
Practically all the allegations in the
original bill, tending to show that the
company's scheme is a lottery, are set
forth in the application 1t is urged
also that the decision of other courts
| of last resort are antagonistic to the
finding of the Supreme Court in this
case.
Hope for a rehearing is based on
the fact that the case was decided by
only three out of five justices, two
giving dissenting opinion Justice
| Lumpkin was sick at the time. The
attorneys for the plaintiffs are anxious
to have hearing before a full bench.
Looking for His Heirs.
Adjt. Gen. ]. w. Robertson to-day
received a letter from j. f. Evans
of North Platte, Neb., stating that
Augustus b. Murphy, who died there
on April 10, was Georgian, and had
| left property valued at about $3O0U,
| for whom he would like to find the
heirs. Murphy enlisted in the Confed-
| crate army, but being captured at
Gettysburg, Joined the Union army TO
| avoid going to prison. and was sent
| to the Western frontier. He was I'M
married. but had a brother. AdJt.
| Gen. Robertson Is now investigating
] the case with a view of learning if
any of Murphy's relatives still reside
| in Georgia.
Military Appointment.
Charles r. Williams of Columbus, a
well-known lawyer. was to-day APP
pointed by Gov. Terrell assistant COM
missary general, with the rank of lieut.
| rendered to J. w. Cabaniss of Ma
con, who declined on account of other
/ duties. The appointment is subject
| to examination.
]. Fl. Smith of Griffin was issued a
commission to-day as major of the
Second Infantry.
Gambler Enters Insurance.
charter was granted to-day to the
| Southern Mutual Life Insurance AS
ISOLATION, with headquarters in At
lanta. Former Gov. Allen ID. Gambler
| is one of the charter members, and will
be the companys president.
Old Alarm Again Rung In.
story was printed this afternoon
| TO the effect it had just been discov-
cred that as a result of changing the
legislative sessions to summer time.
Georgia would be without a United
States senator for a period of four
months, from March 4, until the meet
ing of the General Assembly in the
following June. AS a matter of fact
this argument was used against the
overriding of Gov. TerrelPs veto by
Hon. c. S. Reid Of Campbell in the
House. Florida had a similar trouble,
but an appointment for the ad interim
term by the Governor was accepted,
and the senator allowed to take his
seat. There is no uneasiness over
the alleged new discovery.
no Further. Harm to Fruit.
State Entomologist W. NJ Scott has
gone to Hancock county to make some
experiments relative to stamping out
brown rot of peaches. He said before
going that he did not think any fur
ther damage had been done to the
fruit by the present cold weather. as
1t has not been severe enough.
Sims Farm for 100000.
The Greene county farm for which
G. II. Sims, defaulting collection clerk,
spent large amounts of the Capital
City National Banks money, has been
offered for sale by the directors of the
bank at $4,000. There has been some
talk among Greene county people of
buying 1t and keeping it intact So far,
however, it has not been disposed of.
Milton Smiley Missing.
United States Immigration Ascent
Milton Smiley, who came to Atlanta
under the assumed name of w. N.
Davis, on a secret mission, has been
missing since last Monday, ami his
disappearance is a mystery which
government officials are unable to ac-
count for.
The object of his visit was to find
out If any Greek boys had been sent
here, bound out as slaves. Smiley
spent several days here, investigating
on this line, and on Monday LETT his
hotel and has not been seen since. His
baggage is still at the hotel, but no
trace of him can be found and no one
Is able to account for his disappear
ance. Smiley is from Columbus, o..