The Birmingham age-herald., 1906-06-15
ALLOW MANDAMUS
 ID STOVE WORKS Georgia Railroad Commission
 Involved in Suit
BEST MAN GETS REVENGE
He Was In Love With the Bride and When the Wedding Was Over He Turns the Groom Over to
 the Authorities.

Atlanta, June 4.-(SpeciaL) Judge John T. Pendleton in the superior court today rendered a decision to the effect that the Atlanta Stove Works is entitled to mandamus to compel the railroads here to receive it's product for shipment at the rates made by the railroad com mission in circulars 3O5 and 3O6, and he issued order to that effect.
 When the railroad commission Issued circulars 3O5 and S06 reducing the rates on stoves from Atlanta, Rome Rock mart and Dalton, where stove manufacto- ries are located, to practically all common or junction points in the state, the stove jobbers of Savannah secured an injunction in the superior court of Chatham coun- ty. on the ground that these rates dis crimnated against the stove trade in that city. Judge Cann's order granting the injunction was set aside by the supreme court on the technical ground that he had no Jurisdiction, as the suit should have been brought in the county where the railroad commission has it's headquarters where its members live The Atlanta Stove Works then insti- tuted mandamus proceedings in Fulton superior court to compel the railroads to receive its products at the reduced rates made by the commission. In the mean time the commission issued circular 3O9 reducing the stove rates from all the jobbing points in the state and thus re- moving the discrimination against Savan- nah. The railroads enjoined the operation of this circular in the United States court and in defending the n.an1amus suit in the state court made the point that comity between the courts com pelled the state court to recognze the existence of this injunction granted by the United States court
 This point Judge Pendleton overruled as he did the other points made by the railroads. holding that the rates made by the commission were not unjust or unreasonable, and that they did not amount to confiscatlon of the railroads property as was claimed, unless it could be shown that the rate were such as to cause the. railroads to carry on their en- tire business at a loss
 The railroads were represented by their various counsel, while the Atlanta Stove Works was represented by w. A. Vim oish The railroads will, of course. ap- peal from this decision to the state su- preme court and 1t will be some months before final decision can be had It Is said the very life and usefulness of the state railroad commission Is in- volved in this suit, as it's right to make what It considers just and reasonable | rates, as it Is given authority to do by the law creating it, is brought into seri- ous question.
 Jameson Tenders Resignation.
 Dr. S. Y. Jameson, secretary of the mission board of the Georgia Baptist con vention. rendered his resignation from that position today, as the result of his recent selection as president of Mercer university at Macon. The board, which was in session here today, elected Rev Dr. J. J. Bennett of Griffin as his suc- cessor. Dr. Bennett is well known to the Baptists throughout the state, and will. no doubt ably fill the position to which he has been chosen
 Best Man Gets Revenge.
 An interesting story comes from Gin cinnai regarding Walter O. Harrison who was recently held here for the theft of some $300. but who was not prosecuted because the money was paid Harrison was wanted in Cincinnati for several bur glaries, it Is stated, and two or three days ago he was married in Nashville to a Miss Sallie Walden The man who stood up with him as best man, 1t appears was his deadly rival for the young lady's affec- tions. though Harrison suspected nothing at the time. The best man, immediately after the wedding, completed his revenge by turning Harrison over to the Nashville police who had him sent to Cincinnati.
 Cotton Crop Damaged.
 Commissioner of Agriculture T. G. Hud- son said today in his opinion that the cot ton crop of the state has been damaged 25 per cent by the recent rains and winds which have been general over Georgia, and which have seriously interferred with practically all of the states crops. He says also that the fruit has been damaged to some extent. but he thinks the great est damage will be to cotton, which has been set back, beaten down and is al- ready becoming grassy
 Debate on Child Labor.
 Jack J. Spaldlng, a well known lawyer
 who has always appeared against child | labor legislation, and Hooper Alexander of DeKalb who is strongly for the bill, I debated the subject of child labor to- night before the meeting of the Atlanta sociological society at the Carnegie | library. Dr. A. J. McKelway, southern secretary of the National Child Labor as- l sociation, was present and took part in the general discussion which followed among the members of the society.
 Only Man Who Did Duty.
 Attention was called today to the fact that James w. Mcintyre, Jr., who was nominated in yesterdays primary in Chatham, as sheriff of the city court of | Savannah, was practically the only of ficer who was exonerated by the court martial as having done his full duty at Statesboro on the occasion of the lynch ing of the negroes Reed and Cato, who were burned at the stake. He was second lieutenant of his company a the time He is now only 27 years old and Is said to be the youngest city court sheriff In the state.