The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-06-02
MADE BY CONVICTS
MATERIAL CAN YET BE USED IN
PUBLIC WORKS.
JUDGE LUMPKIN DECIDES
THAT A RESTRICTIVE ORDINANCE
is UNCONsTITUTIoNAL

Mayor of Atlanta Vetoed the Meas-
ure, which Prohibited the Use of
COnvict-Made Material in Public
mprOvements-What the Court
FOund-Fifth Georgia May Camp
Mt ROme-Assessments of Railway
PrOperty-COast Line May Arbi-
trnte-AtInnta News Notes.
Atlanta, June Judge ]. H. Lump
kin in the Superior Court to-day hand
ed down a decision, in which he holds
that the ordinance passed by the gen.
eral council of Atlanta over the Mayors
veto to prevent the use of material
made by convict labor in public i'm
provements, is unconstitutional.
The decision is in the case of the
Chattahoochee. Brick Company VS..
the city of Atlanta, in which the
brick company sought an injunction
to prevent the city from refusing to
accept it's bid for material because OF
the use of convict labor. In the adj
vertisement for bids for material 1t
was not stated that convict labor ma
Mayor sought to secure the signature
of the company to an agreement not
to use convict-made material the
company baked; and the suit result
ed In, this decision Judge Lumpkin
says:
= 1.-THE court will not affirmatively d.
rect the city to make the contract with
plaintiff rendered by it; but will en-
ioin it. by itself or its officials, from
compelling or seeking to compel plain
tiff to insert in the contract the clause
agreeing not to use in the perform
ance thereof goods or material prepared
or manufactured in whole or IN part
by convict labor, and from rejecting
it's contract or refusing to contract
with it on that ground alone; and
from seeking to enforce the ordinance
complained Of"
Fifth May Go to Rome.
The Fifth Georgia Regiment may
camp in Rome this year. The Rome
people have asked that the Fifth be
ordered there, and if the necessary ar
engagements can be made, the Atlanta
soldiers will camp in the Hill City
within a few weeks. Gov. Terrell has
turned the matter over to Col. Clifford
Anderson, Maj. Barker and Maj. An
derson, and they will probably make
a trip to Rome to inquire into the mat
ter.
Augusta will probably get the Third
and the First and Griffin the Second
and the Fourth Regiments.
Coast Line Won't Raise 1t.
The property of the Atlantic Coast
Line will be assessed by Controller
Wright at a valuation to be determin-
ed by himself. The company has de-
clined to raise it's assessment. 1t is not
believed that the company will accept
the valuation placed upon the prop
erty by the controller, and the appoint
ment of arbiters will doubtless result.
Maj. j. #. Hanson, chairman of the
Board of Directors of the Central of
Georgia Railway, has written Control
Ter General Wright that he will be In
Atlanta next Monday to discuss the
Centrars returns. Maj Hanson ex-
presses the belief that the state and
the company can agree without any
arbitration or legal complications.
Controller General Wright has heard
nothing further from the Seaboard Air
Line or the Georgia Southern and
Florida.
To Relatives of Convicts.
Secretary Goodloe Yancey of the
State Prison Commission is advocating
a plan whereby the relatives and
friends of convicts who die and who
are seriously sick can be notified. No
such provision is now made, and Secre-
cary Yancey believes that it will result
in much good, if system can be estab-
lished whereby relatives and friends
can be notified when a convict is very
sick.
VIII Assist apO&f
William Newell of Texas will prob
ably be the next assistant state ento-
mologist, and he is expected to report
for work on June 10. Since the resig-
nation of Mr.. Fiske several months ago
Prof. Scott has been doing all the
work of the Office. Mr.. Newell is said
to be a thoroughly competent man.
Many Fruit Trees Planted.
One hundred thousand fruit trees
have just been planted in Ebert coun-
try, according to State Entomologist
w. M. Scott who has just returned
from Elberton. A new peach section
has been opened up. says Mr.. Scott,
and he thinks there is no section of
the state better fitted for growing
peaches.
Dentists Mt TalIuIah.
The annual meeting of the Georgia
state Dental society Will De held at
Tailulah Lodge, Tallulah Falls, Ca,
Tuesday, June 9. The board of exam
liners will meet at the same time and
place.
Seeks Pardon for Buchanan.
Judge F'ite and Solicitor General Sam
Maddox appeared before the Prison
Commission to-day and argued for the
pardon of Walter Buchanan, who was
convicted six years ago of robbing rail-
road cars at Dalton. 1t is somewhat
for both the judge and So
licitor general to appear in person be-
fore the commission in behalf of a
pardon, but both Judge .F'ite and So