The Birmingham age-herald., 1906-04-18
Judge Fite Wants Acquisition.

Judge A. w. Fite of the Cherokee cir cult of the superior court of Georgia, a candidate for Congress from the Seventh district against Gordon Lee, has applied to Governor Terrell for requstion for I.apsley G. Walker. editor of the Chatta nooga Times, whom he has indicted for alleged criminal libel for writing an edi- torial about the Judges charges in Dal- ton on gambling
 In this charge it Is alleged that Judge Fite characterized society card playing in the class with negro crap shooting. The editorial on the charge is said to have been very caustic. The governor has referred the application to Attorney Gen- eral Hart for an opinion before he makes the request on Governor Cox for the editor. It is stated that for the first time in the history of the state q judge has gone before grand jury secured an in dctment and signed 1t.
 Editor Walker was due in Atlanta at a meeting of the Central Juvenile commit tee. but did not come It is understood [ that a bailiff was waiting to nab him when he came into Georgia.
 How About the Peaches? i Now that the fear of q serious cold snap accompanying the April full moon is practically over, 1t is being generally asked over the state, 'What is the con | dition of the peach crop?"
 From almost every section the reply comes that the peaches are in me shape | and more plentiful than ever before Se- i we're injury was done in some few sec | tions, but in most places the trees were so heavily laden with buds that the de- | struction of portion of them was rather ! a help than a hindrance Tn the prosres9 l of the crop.
 1 .Irrom almost every section come res ] ports that the peach crop and other fruits are in fine conditon," said Commissioner 1 of Agriculture T. G. Hudson today All danger of further unfavorable weather conditions is now past, l think, and there are more peaches in the orchards today' particularly in Southern and Southwest | Georgia than l have ever known before. l do not think there Is doubt that the Georgia croT will be much larger than 1 if was last year In fact some people | seem to think the crop is going to be | so large this year that there will be llttle money in them In my opinion, however l there will be larger demand Tor irui' 1 this year than ever before, and am look- ing for as good or better returns to the growers throughout the state than they have yet had.
 The Freights on Sunday.
 The decision of the United States sa- preme court in dismissing the Scale case | from Georgia practically estapnsnesf tue validity and the constitutionalty of the ! Georgia law forbidding the running of | freight trains In the state on sunday
 This decision was announced yeSterday.
 Master of Trains J. M. Sesle or the Southern railway, was indcted tried and convicted in the superior co,Gt of Haber- sham county for permttingIa freight train to run through the coupy on that line on the Sabbath. He was med Slooo ana l this action of the cohrt was sustained
 by the supreme court of the state.
 The Southern railway appealed to the supreme court of inc United States on the ground that tbe Georgia law prohibit
 ing the running of freight trains on Sun day was uncopstitutional in that 1t in-
 terfered with interstate commerce, and | inc constitution of the United States gives only Congress the right to regulate in- ] terstate commerce.
 1 Attorney General Hart made the point 1 that the supreme court of the United | States was without jurisdiction in that
 the alleged federal question involved was I not sufficiently or clearly set forth i The court took this view of the mat | fer and dismissed the appeal. The South | ern railway will now have to pay the 5000 fine. a and this and all other rail- l roads in Georgia will have to be careful | how they violate the Sunday law.