large number of citizens of the county to lynch petitioner. There exists the strongest kind of determination to lynch him at sight, and his life is in serious and grave danger, by reason of the fact that there is danger of his being taken out and hung by a mob. He has been advised that a large body of citizens of the county have formed themselves together for the purpose of lynching him. and that they merely await an opportunity for that purpose. At the time of his arrest, which occurred only a few days before the making of the motion, open threats were made in his presence to immediately lynch him, and certain infuriated citizens would have done so at that time, save for the action of a former sheriff in hurrying him from the place of arrest to the jail, 12 miles distant. At the time of the arrest he was immediately hurried to the jail, before any considerable number of people were aware of the arrest, and before it was possible for a mob to form and lynch him. The jail is located in the city of Douglas, more than 10 miles from the scene of the aUeged murder. “On the same night of his arrest, and so soon thereafter as it became generally known that he had been arrested and placed in jail, a large assembly of citizens gathered in said town of Вгожton and formed a company for the purpose of coming to Douglas and taking your petitioner out of said jail and taking his life. That said purpose was only abandoned at that particular time because of the fact that the sheriff of Coffee county learned of said intention, and before said crowd left Broxton he got in communication by telephone with some parties at said place, and promised that if the crowd would disperse, and not attempt to lynch your petitioner, that a special term of the superior court of Coffee county would be called immediately, and that your petitioner should be tried at said term, and that the severest penalty known to the law would be meted out to him. Your petitioner states that said promise on the part of said sheriff that an immediate term of said court should be called and this petitioner tried, convicted, and sentenced to death is all that saved him from having been lynched on the occasion mentioned. Petitioner states that he was spared from lynching purely on the belief that he would be immediately tried and hanged ; and your petitioner now states that he is completely handicnpped in the preparation of any defense against enid charges of murder, and that, under the conditions existing and that will exist on the trial of his case at said special term called as aforesaid to try your petitioner, it is and will be useless for him to attempt any defense to snme. though he has a good defense, in that, should he defend against said charge or charscs, and as a result of same he should receive a sentence of less than death, he would immediately be lynched, so that it only resolves itself into a matter of discretionary choice with your petitioner as to whether he shall forego that constitutional privilege and permit a verdict of guilty and judgment of death and thus end the predicament that faces him.” He is informed and believes that the sentiment is so bitter against him that he will be taken by violence on the first occasion when he is presented to the general public view, and that such occasion will be afforded if he is placed on trial or brought into the superior court of Coffee county for public trial.
The solicitor general, on behalf of the state, made no formal answer to the petition, but Introduced affidavits in opposition to It. On behalf of petitioner, affidavits were introduced from six residents of the county, who deposed to the effect that they had talked with and heard many citizens discuss the killing; that sentiment against the petitioner was very bitter and Inflamed; that in
their opinion it would be dangerous for him to be tried in Coffee county, and there would be danger that he would be lynched unless granted a change of venue, and he would be lynched if he should make a fight for his life on the trial and be in any manner successful. One of the deponents stated that the friends and acquaintances of Newbern, one of the deceased men, were determined that Graham should pay the penalty of death for the alleged murder, either from the gallows or by mob violence. A sister of the petitioner deposed that she lived about three miles from the town of Broxton, where the killing occurred, but it was not generally known that she was the sister of the petitioner; that the killing took place on the night of March 21st, and on the following morning a number of people from in and around Broxton came to her house to search for Graham; that some of those present stated that there were about 75 of them searching every pig path for Graham, that they would catch him and he would never see Broxton again, and that they had no idea that there would be anything but pieces left of him within five minutes after he was found ; that they further stated that Graham had killed a good man and must pay for the crime ; and one of them stated that he had shot at Graham the night before, and thought he had hit Graham in the leg, and was only sorry that it was not in the head; that after her brother was placed in jail she had made several trips to Douglas by railroad, and on nearly every occasion she was forced to hear the most terrible threats of vengeance against him; that only a few days before she made the affidavit she had heard one of several persons who were talking about the case say that there could be 500 people gotten together in a few minutes, who would be willing to lynch Grahnm, and he had to hang one way or another, and must die for the crime he had committed ; and that she had heard from several sources that a crowd was made up at Broxton on tile night of the arrest, for the purpose of going to Douglas to lynch Graham, but that, under a promise from the sheriff that court would he called at once and that Graham would be “legally hung,” they agreed to wait until they could see whether he would be hung or not. A brother of petitioner deposed, among other things, as follows:
He has seen and talked with a large number of the citizens of the county, and is thoroughly familiar with the sentiment of the county regarding the killing. It is in a very excited condition, and a general feeling of hatred and malice prevails toward petitioner. He finds a strong current of opinion in favor of denying petitioner a trial ¡it all, and a desire that he be tnken from the jnil aud lynched. lie finds another current of opinion and feeling that, if petitioner be tried immediately at the term of court called for that purpose, it would be all right, provided the defendant did not insist on making a strong defense and would practically plead guilty, so that the sentence of death would be rendered against him; aud the general dosire is that petitioner be punished with death, either by hanging or mob violence. In a conversation the sheriff of Coffee county stated to the affiant that the petitioner would have already been lynched, were it not for the fact that the sheriff promised the mob then assembled that if they would “defer” the lynching he would have a special term of court to be immediately called for the purpose of trying petitioner, and that the latter’s neck would then be broken. The sheriff further stated to the affiant, in the presence of petitioner and his mother, that petitioner would die for this offense, that there was no way for him to escape death, that it would be the duty of the sheriff to perform the act, and that he did not want the affiant to think hard of the sheriff for so doing. In the town of Broxton. on the day when this affidavit was made, affiant heard a party make the stntfment that petitioner would either be lynched or hung, that he would positively meet the one fate or the other, and that if the court did not hang him the mob would certainly do so. On one occasion, a day or two before the making of the affidavit, affiant was in the town of Broxton with his mother and sister, and he noticed a crowd of 10 or 15 men standing together, watching him and apparently engaged in a whispered conversation. One of them, whose name the affiant did not know, stepped up to him and asked if he were not a brother of the Graham who did the killing, and, on his answering in the affirmative, told him that there was constant talk of lynching his brother, and that they (indicating the crowd) were going to run the affiant out of Broxton. The person speaking came to him as a friend, saying that he was going to take no part in it, but that the affiant had better watch his course and “look out.” and that his brother would be lynched for the killing. On the day this affidavit was made another person had told him that the speaker knew 500 people in favor of lynching petitioner without a prayer, where he knew of none who would be willing for him to get a fair trial.
In opposition to the motion, counsel for the state introduced the affidavits of 13 persons, in substance as follows:
They are citizens of the county, and are acquainted with the fact that during the latter part of March Charlie Graham was incarcerated in the county jail on the charge of murder, and has since so remained. Since he has been incarcerated they have heard of no attempt of mob violence or lynching threatened against him, and they are of the opinion that no violence will be done to petitioner, but, on the contrary, it seems to be the consensus of opinion of the people with whom the affiants have talked that petitioner should be accorded a fair and impartial trial by a fair and impartial jury. They are acquainted with a great many citizens of the county, and have talked with a good many of them, and have heard no person express himself as being in favor of lynching petitioner or of doing mob violence to him.
Affidavits of the ordinary and the clerk of the superior court were to the effect that since the Incarceration of petitioner no attempt has been made to lynch him or do violence to him ; that they are acquainted with many people in the county, and have conversed with a number of them; that they have heard of no threats of violence; that in their opinion there is no danger or probability of any attempt to lynch or do violence to petitioner; and that they are all well acquainted with the Jurors of the county, and believe that petitioner would have a fair and impartial trial If he be put ou. trial in that
county. A similar affidavit was made by the solicitor of the city court, who deposed that he was actively engaged In a campaign for ге-elecüon, and had talked with many people ; in different parts of the county. The sheriff made an affidavit In substance as follows:
He is in charge of the jail in which petitioner has been incarcerated since his arrest on March 22d. During that time there has been no effort by any person to do violence to petitioner. Deponent has heard no party make any threats of violence or lynching toward the defendant. A great many people have been to the jail to see defendant, and deponent has heard no person threaten violence toward him, but, on the contrary, the consensus of opinion among the people with whom affiant has talked seems to be in favor of letting the law take its course. In deponent’s opinion the defendant can get a fair and impartial trial before a jury in Coffee county.
The presiding judge did not Issue a formal rule nisi, but heard the motion on the nest day after it was made; the state and the movant being both represented, and each side Introducing evidence. The motion was overruled, and the petitioner excepted.
T. A. Wallace, of Douglas, for plaintiff In error. M. D. Dickerson, Sol. Gen., and McDonald & Willingham, all of Douglas, for the State.
FISH, C. J. (after stating the facts as above). This was a petition for a change of venue under the act of August 21, 19 LI (Acts 1911, p. 74), on the ground that there was probability or danger of lynching or other violence being perpetrated upon the petitioner, who was accused of murder. That act undertook to accomplish what the Leg! islature considered a wise purpose. It is I the duty of the courts to give It proper ef, feet It did not leave the matter of changing venue, on the ground as stated, as a mere i matter of discrétion on the part of the presiding judge, but declared that the Judge of the superior court of the circuit In which a crime was alleged to have been committed should be authorized to change the venue for the trial of the case on his own motion, with or without petition, whenever in his judgment the accused party will be lynched, or there is danger of violence being attempted to be committed upon him if carried back, or allowed to remain In the county .where the crime is alleged to have been committed. So far the language might be treated as only of authorization; but the act goes further. It declares that, If a motion by petition shall be made for a change of venne, the judge shall hear it at chambers at such time and place as he may direct, “and if the evidence submitted shall reasonably show that there is probability or danger of lynching, or other violence, then it shaH be mandatory on said judge to change the venue to such county in the state as. In his Judgment, will avoid such lynching.” This is not the language of permission or of discretionary authorization, but Is a statutory command.

and the Legislature emphasized that fact and saw fit to declare that, if it should be reasonably shown that there was a probability or danger of lynching or other violence, “it shall be mandatory” on the judge to change the venue. Kennedy v. State, 141 Ga. 314, 80 S. E. 1012. It is, of course, true that the presiding judge must primarily pass upon the question of fact as to whether it is reasonably shown that there is such danger, and that this court will not reverse his finding upon conflicting evidence, unless it is manifestly erroneous. Wilburn v. State, 140 Ga. 13S, 78 S. E. 810. But the language of the statute showing the change in the duty of the judge of the superior court on this subject, removing the action from the domain of his discretion, and providing for a speedy review of his finding by this court, did not contemplate that such a review should be merely perfunctory, and that if any citizen or county official would state that he had not heard of any intended lynching, or would express the opinion that he thought there was no danger, this court should, as a matter of course, affirm the judgment. If such is to be the construction placed upon the statute, Its efficacy will be destroyed. Probably no application for a change of venue under the act being considered will ever be made where some good citizens of the county cannot be found who can truthfully swear that they do not know of the contemplated or Intended lynching, and who do not think It likely to occur. This court does not primarily pass upon questions of fact; but if the Jndge of the superior court violates his duty and manifestly errs in his judgment under the evidence, this court can interfere as a matter of law.
While the opinion evidence in this case is conflicting, there is no conflict as to the fact that a mob was formed for the purpose of doing violence to petitioner, and that they hunted for him for that purpose. Moreover, the written and verified motion for a change of venue alleged that a lynching was only prevented by a promise on the part of the sheriff to the mob that a special term of the superior court would be called immediately, and that petitioner should be tried at that term and the severest penalty known to the law would be meted out to him. The hearing was had on the day following the making of the petition. The sister of petitioner stated in her affidavit that she had heard this from several sources. The brother of petitioner made affidavit that the sheriff stated to him that petitioner would have been lynched already, were it not for the fact that he promised the mob then assembled “that if they would defer said lynching” the sheriff would canse a special term of the court to be immediately called for the purpose of trying Petitioner, “and that his neck would then be broken.” Counsel for the state evidently had
the order overruling It recites that the motion came on regularly to be heard. An affidavit from the sheriff was introduced in evidence, In opposition to the motion, in which he failed entirely to deny or make any mention of the statements in the motion and in the affidavits of the brother and sister of the petitioner. He did state that during the time of the incarceration of petitioner there’ had been no effort made by any person to do violence to him, that he had heard no party make any threats of violence or lynching (apparently since the incarceration), and that the consensus of opinion among the people with whom he had talked seemed to be in favor of “letting the law take Its course.” Where a direct charge was made that a mob had been formed to lynch petitioner, that the sheriff procured them to “defer” the lynching on the promise of an immediate conviction, and that petitioner should be “lawfully hung,” and that the sheriff had stated that petitioner would have been lynched before the petition for change of venue was made, but for this promise, the silence of the sheriff and of counsel for the state on this subject Is most significant. Here we have evidence, not of opinion, but tending to show the direct fact of a preparation to lynch petitioner, which was deferred on the promise of the sheriff that petitioner should be “lawfully hung”; and this evidence is unanswered. If there was an Intention to lynch petitioner, it is not very probable that the persons contemplating such an action would communicate their intentions in advance to the officials. Furthermore, there Is evidence that, since this arrangement between the sheriff and the mob had been agreed upon, various persons had stated that petitioner should be hung by law or be lynched.
It may be said that the sheriff could not make a binding contract of that character. Of course this is true, but the mob seemed to have merely delayed to see whether the agreement of the sheriff would be consummated. The mere fact that no effort was made to break Into the jail or do violence to petitioner during the time of his incarceration before the present petition was heard is not sufficient to answer the evidence above stated. The homicide occurred on the night of March 21st, at Broxton, and after it petitioner was arrested and carried to jail at Douglas, about 12 miles away. According to the evidence above stated, the sheriff induced the mob to delay action. A special term of court was called very promptly, and was in session on April 6th, and apparently the trial was near at hand, when this petition was presented. The sheriff could not call the term of court, but one was called as lie predicted, and the fact that the mob had delayed artion during this short time, while petitioner was In jail, is not sufficient to show that he was in no danger of violence when he should be taken out of Jail, especially if he should present a strong defense, or if he should be successful In obtaining a less sentence than death. Under the evidence we think it is manifest that it did reasonably appear that there was danger of lynching or violence, and that the rebutting evidence on behalf of the state failed to meet that which was most material on behalf of petitioner. The sheriff not only failed to deny the agreement with the mob that petitioner set up, but he did not even state that the people with whom he had since talked, and who were In favor of letting the law take its course, were those who had been previously gathered together to lynch petitioner, or that they, or any of them, had abandoned that purpose permanently and unconditionally. We therefore think that the presiding judge manifestly erred in refusing to grant a change of venue.
Judgment reversed. All the Justices concur, except
EVANS, P. J., and BECK, J. (dissenting). We dissent from the opinion of the majority of the court. The act of 1911 contemplated that, whenever an application was made for a change of venue on the ground that there was a probability or danger of lynching or other violence being perpetrated upon the applicant, there should be a hearing before the trial Judge. His judgment is predicated upon the evidence, and this court has no constitutional power to reverse that judgment, unless it is manifestly apparent that the trial judge has abused his discretion. We do not think the facts in this case show such abuse of discretion. It very frequently happens that, when a homicide Is committed, the relatives and friends of the slain man are moved at the time to a high pitch of resentment against the slayer, and give expressions to that resentment. Just after a killing, not Infrequently the people in the community are brought together by a report of the homicide, induced largely by curiosity and a desire to get information respecting the killing. It may be that some one in that gathering may utter inflammatory remarks, but it does not follow that the whole gathering is to be regarded as a mob thirsting for vengeance.
The proof submitted before the judge by the applicant in support of his motion is in the affidavits of a few men who state that they have heard expressions from citizens of resentment against the accused, and that in their opinion the defendant is in danger of mob violence. One of these witnesses stated that the friends and acquaintances of one of the men alleged to have been killed by the applicant had stated that they were determined that applicant should pay the penalty of death, either on the gallows or by mob violence. The brother and sister of the applicant testified in highly extravagant language, based largely upon their deductions and fears, that applicant is in danger of mob
violence. Against this testimony It la shown that about two weeks have elapsed since the arrest of the applicant and his confinement in the county Jail. During this period of time people have visited the Jail as usual, and there has been no manifestation of a mob spirit or prejudice against the applicant, who is there confined. The officers of the county and many substantial citizens, who had opportunity of knowing the public sentiment towards applicant, deposed that they had heard no expressions of any Intent to do mob violence to the applicant, or that he cannot have a fair and impartial trial in the county. The trial Judge was nearer the scene, and better acquainted with the temper of the people, than this court. He was better prepared to pass upon the credibility of the witnesses; and we think the testimony is ample to support the conclusion that the applicant is not in any danger of mob violence, and, if tried in the county of the alleged homicide, will receive a fair and impartial trial.
COCK v. CALLA WAY et al. (No. 375.) (Supreme Court of Georgia. June 10, 1914.)

http://books.google.com/books?id=r3MXAAAAYAAJ&pg=RA3-PA6-IA8&img=1&zoom=3&hl=en&sig=ACfU3U0dLWun9lajV37nRJSCe9n178fv4A&ci=93%2C120%2C421%2C703&edge=0

count for this, and I was glad to find that the absence of appreciated personal interest in the issues left minds free and tolerant to hear and discuss the vital issues of our day. But I was not prepared to find that, with one exception, no person in all Nashville whom T chanced to meet had ever heard of ” Ruskin.”

I had been speaking of the possibility of brotherhood in industry ; of the absolute impossibility of any other brotherhood without that brotherhood. A minister of the city at once broke in and said :

” Yes, sir, of course, that is all true, but that sort of brotherhood is a millenium away—it would not be possible even to exemplify it now. What we want to know about now is churches for the poor!”

And then I spoke of Ruskin—” under your noses, gentlemen and ladies, within fifty miles of your own city, an example of brotherhood in industry and economics.” And to my amazement, not one soul in all the audience ever had heard of the place ! With one exception after the lecture, a little man with a keen, bright eye and iron-gray hair, a type of intelligent workingman with whom I was familiar in Chicago, came up and took my hand. ” I’m a part-paid-up member of the Ruskin Association,” he said, “and I want Jo give you a note to them, if, as yon say, you are going out there tomorrow.”

Three bright fellows of the Ruskin membership were companions of the journey lo Tennessee City, the station on the Nashville, Chattanooga and St. Louis Hallway nearest to Huakin. ’1 hey were Allan Fields, president of the colony, young Herrington, first vice-president, and Charles W. Corbett, purchasing agent and store manager. It was refreshing to talk with them of social conditions, North and South, and find in these plain clothed, intelligent workers keen insight into men and affairs and u knowledge of world-movements which I had not found before south of the Ohio river.

There are three ways of reaching Ruskin from Tennessee City (which imposing name serves to supply the deficiencies of actuality in a little village of plain buildings about a railroad station). You can ride in the mail-wagon over the direct road through the stony valley of the Yellow Creek, which puts to shame the famous ” Hocky Koad to Dublin.” You can hire a team and go over a ridge road, used when the creek overflows its banks in spring ; or you can walk across country. We walked. And we found that, in at least one respect, Huskin is

A VISIT TO RUSKIN.

(Continued from page n.)

like Jerusalem—the hills are round about it! They told me it was seven miles from Tennessee City to Ruskic. My lame legs and back afterward indignantly assured me that it was nearer seventeen! It was a delightfully bright, clear morning, of transparent atmosphere and deep blue sky, and the colors in the bare woods wore all the variety possible short of greenery.

As we threaded our way along precipitous declivities, clinging to roots, stones and trees lest we should slip and plunge headlong down to the rushing stream below, I could think only of a secret journey to the hiding place of a community of Waldenses in the day when to be a Waldensian was even much more than now to be a Socialist in Tennessee.

We came first to Old Ruskin—in the heart of the oak woods, where the community first spent three years of struggle with adverse circumstances—unsuitable location, and inherent individualistic cussedness in addition to the necessary trials of pioneering. It swept upon me there, as I saw the one plain slab building left of the former colony, looked about through the deep forest through which we had come, and felt in my bones the chill of the air—what a price these brave people had paid and were paying for economic freedom and fraternity.

Five miles or so further we came round a corner of a steep hill, where we had risked our necks in a scramble over stones and among the tree-trunks, and Ruskin was in sight.

I can never forget or describe the sensations with which I looked upon that cluster of whitewashed huts, reminding one of rather elaborate seashore bath-houses, grouped about the fine, large ” Printery,” bearing the words ” Ruskin Co-operative Association.” Desperately plain and poor it all looked, but in my eyes irrepressible tears made a halo about it all. At last, and for the first time in my life, I was looking upon a dramatization of brotherhood in human flesh. They told me afterward of their limitations, of their trials and struggles with their : own characters, with unbrotherly members of their own fellowship; even of crises in their atlairs in the^effort to get a proper legal sanction for their fraternity. Nothing—not even failure—could ever wipe from my memory the abiding comfort of having seen once with my own eyes a community of 300 human souls in which the wealth and the poverty were alike to all, where there was neither landlord nor money-lord, millionaire nor pauper, criminal

nor policeman, where the only trace of monopoly was the people’s monopoly of their own affairs.

And my impression of the people was similar. The haunting, dogged look of haggard malnutrition, half-hunger and suppressed desperation, or of cunning selfishness, which is so common in the city population of the poor, was absent at Ruskin. For outward appearance they seem to care nothing, and the great family dining-room was filled with blue-shirted men in overalls and women in calico ; yet the bright eyes, and happy, contented faces of the people, and especially of the children, was “appearance” quite enough to satisfy one fresh from the abominations of city life and the slavery to the idiotic fashions of ” Society.”

They tell me the children do not fight at Ruskin. I watched a party of them playing between school hours on the banks of the stream that runs out of the big cave, and heard never a cross word. To one of the boys I said, with utmost solemnity : ” Now, George, I want you to tell me—why do you like to live here?”

” Well, it’s a nice place,” he said.

” But you never see here any of the interesting things that were so much fun in the city where you used to live —uo fires, or policemen, or runaways, or street fights, or trolley cars, or saloons, or drunken men.”

The look of quizzical scorn which the boy gave me was worth going all the way to Ruskin to see. And the boy’s little sister, standing by, pulled at his sleeve and asked :

” Brother, what is a drunken man?”

The steam whistle on the power house blew two blasts at 11:40, not long after we arrived, calling men and teams from the distant parts of the farm, and at 12, with one blast, announced dinner. It is with this whistle that the sleepers are roused at 5:30 A. M., called to breakfast at G and to work at 7 and 1, and at “> the workday closes. The whistle also announces time of meetings and entertainments, and would signal the fire alarm.

A fine example of the social spirit of the place is the great dining-room in the top floor of the printery, where they all eat together in a common sharing of the loaf and the cup which made my heart swell. Probably nine out of ten of the families came with household goods and utensils, and would greatly prefer to board in their own houses after their former manner. Hut the common necessity of economy by all is willingly borne by each, and their common meal of simple food, of which there seemed plenty, is a beautiful indication of social sacrifice.

Let none suppose that Ruskin is free from

human traits of the less fraternal sort. Of no

one thing was I more thoroughly convinced by

my Ruskin visit than that neither in this

mountain nor at Jerusalem can one find escape

/rom his eternal conflict with his own self in

the effort to adjust his self-interests to those of

other people. Myself and The Other Fellow

are constant factors in the human problem, and

the most successful colony scheme will never

do away with the division of labor and the

varying rewards in that ancient art and craft

of Living Together!

They have their problems, but we on the outside are hardly in a position either to scoff or to advise. Let the colony scheme be ” impracticable.” “visionary,” or what you will; it could hardly be less practicable than our in6&ue fashion of social pain and individual failure iu the average sort of life. Utopia itself is a mathematical demonstration of social certainty compared with the formless, directionless chaos of ordinary society!

They are doing one thing at ruskin that we have not accomplished outside. They are exemplifying democracy. The thirteen directors and the Executive Board of three meet weekly, and about seventy-five Kuskinites turn out to help them meet! Oligarchies will fare ill where the rank and file of the citizenship attend the committee meetings. And the fairness of the management is well attested by the fact that the President always recognizes and giants the floor to any member who desires to speak. The officers are truly the servants of the people, for they can be admonished or removed at any time by vote of the membership.

One of the boys picked an early flower for me from a cluster in a cleft of the rock. When I asked him why he picked only one, he said :

” ^’ell, they look prettier there, and beside, i’you aud I picked them all, we alone should have the pleasure of them, and that for a little whili- only ; if we leave them growing there on the rook, everybody who passes can enjoy them alike, each without robbing anybody else.”

I di,l not let him see me smile.

THE FOUNDING OF Ruskin.

It is not my purpose to give a long account of the history and development of Ruskin. Concerning that let Mr. Corbett speak.*

” In April, 1893, a paper was started in Greens“wg, Ind., called the Coming Nation, which

*”Ntnrv of Die Ruskin Co-operative Association,” t>y <• narles W. (Jurbett, .Mired HI >cl!«. Chicago. February, mm.

advocated co-operative methods. It appealed to thousands who are in sympathy with these ideas, and its circulation rapidly grew. Commencing in October, 1893, this paper published a sc-ries of articles entitled a ‘A Co-operative Village,’ in which a practical plan of application of the ideas was presented. Discussion of plans, enlisting of interested parties, and preparatory work continued until June 15, 1894, when 1,000 acres of unimproved timber land ii miles from Tennessee City, Tenn., were purchased, and the printing office moved to the new Utopia. A charter was taken out Aug. 21, 1N94, and upon inventory the ‘ Co-operative Village’ commenced operations with thirty-five members and a capital of $18,040.90.

” In undertaking to clear the wildwood and build a town ; to form an organization of individuals who came from all parts of the country and all walks of life, and who wer« total strangers to each other; and to establish a new system of industry and society in harmony with theories of advanced thought, are matters of no small moment, and the pioneers of Husk in had many difficulties to overcome, many mistakes

“The Printery.”

to rectify, and much to face as ‘ fact”‘ that had not appeared in theory. It must also be conceded that a people reared for generations in a competitive environment, although their theories may be well-studied and their motives the best, cannot at once adapt themselves to new methods, particularly under adverse circumstances.

MOVING THE COLONY.

” A most serious mistake was made in the purchase of the wooded ridge land, and after U years spent in clearing and improving, it was deemed unlit for a town site. In February, 1896, a tract of land consisting of :!84 acres, on wh’ch were located Cave Mills postofflce, store and mills, 4J miles north of the old site, was purchased, and at once moving to the new home commenced. Regardless of all these mistakes, difficulties, and inconveniences, the demand for co-operative progress was so great in the hearts of Ruskinit’es and their sympathizers throughout the world who bought their products, books, etc., and pushed their paper, that steady advancement has been made, as shown by the following table :

Date. Members. Resources.

Chartered Aug.-21,1894 5 $l»,04<>.90

Jan. 1.1895 89 19,001.85

JaD. 1, 189B 46 2H, 114.64

Jan. 1, 1897 68 57,394.19

Jan. 1, 1898 91 7S/I9I.45

” In above table a member is considered one owning stock.

” The association now owns and controls 1,789 acres of land, and is engaged in agriculture, horticulture, fruit raising, floriculture (we are now printing a catalogue of bulbs, plants, seeds and nursery stocki, celery raising, breeding high-grade Poland China hogs and White Plymouth Rock chickens, dairying, beekeeping, canning, manufacturing leather suspenders, cereal coffee, chewing guru and bath cabinets. We are operating flour and corn mills, cotton gin, saw, planing, lath and shingle mills, steam laundry, printing office, machine shop, blacksmith and wagon siiup, sash and door shop, bakery, tailor shop, paint shop, tin shop, shoe shop, photo gallery, general merchandise store. One of our men is postmaster and another mail carrier.

” Our property is being rapidly improved, not only in buildings, conveniences and equipment, but in development of natural resources. Orchards and vineyards from our nurseries are being planted on the hills ; small fruits,berries and plants set in the gardens ; and the lands brought up with stock peas, clovers, and scientific treatment.

SOME DETAILS OK MANAGEMENT.

•• Business of the association is in the hands of a board of thirteen directors, who meet Wednesday evening of each week, and who are subject to the initiative and referendum of the people.

“Details are carried out by an Executive Board of three, consisting of President, first Vice-President, and second Vice-President, each of whom has particular supervision over a certain number of departments of industry. Each department is in charge of a foreman, who is responsible to the Executive Board. The foremen plan work, keep time of men, and are responsible for values in their departments. Once each week their time books and books of charges against members are sent to the timekeeper to be posted. As all adults receive the same pay for the same time employed; all minors receive an equitable maintenance, provided they are in school or employed during vacation ; and all sick persons or unfortunates are on the time books of the sanitary department, the weekly balance of the timekeeper’s ledger shows the credit due each for the week, above what has been consumed, and such balance is paid in ‘ hour’ checks. This system is not only equitable, scientific and satisfactory, but places the basis of all values where it belongs, upon an estimate of hours of human labor required in production.

” Following the system of accounts to its conclusion, the association ledger, by receiving entries from the Treasurer’s cash book ; the journalized weekly transcripts from the timekeeper’s ledger ; the journalized entries of requisitions showing transfers from one department to another; and entries from the invoice book, makes a simple and complete

record of all business, showing condition and progress of each department and each outside account.

” The association adheres strictly to a cash basis ; neither accepts nor extends credit.”

To become a member of the Ruskin Co-operative Association one must submit an application ; answer a number of questions as to qualifications ; receive a majority vote of members voting; and purchase one share of stock costing $500. One person can own no more than one share, and the purchase of one share by the head of a family admits the family.

Married women work in the Association’s direct service only half a day ; it is estimated that their care of the children and home is service of the community. The most striking difference from the competitive world’s manner of doing is in the fact that the moment the doctor puts a new baby’s name on the association’s books, the child begins to draw his weekly pay. A family is thus, at Ruskin, a source of income rather than of expense to its parents, for the association reckons that a child preparing for productive labor is an investment in the future welfare of the community, and as such should be supported by the community.

The school seemed a good one, with departments from kindergarten to art and music, and the children in it seemed happy and contented. The sustained interest of all waived the whole question of disorder and mischief.

“Our present site,” says Mr. Corbett, “is well adapted to our purposes. We have high hills with fertile valleys between, and the beautiful Yellow Creek flowing through. Numerous springs furnish crystal water for every use. Timber, stone for lime and building, clay, sand and gravel are among the natural resources. Our hills, ‘ rock-ribbed and ancient as the sun,’ seem prepared specially for us. Under the great limestone cliff just at our business site is located the ‘ Big Cave,’ or •Old Nature’s Dug-out.’ This cave (whose temperature varies but one or two degrees during the year) has an unlimited capacity, and is splendidly adapted to storage of fruits, vegetables, floriculture and nursery stock, etc., and for celery and mushroom culture, and other practical uses, as well as being an object of extreme interest and grandeur. It has for years been a place of resort for picnics, meetings, Sunday-schools, dances, etc., and is estimated to have had within its walls over 2,000 persons at one time, on July 4 last. Teams drive in to unload, and for using the back recesses we have a car on a track that is drawn,

THE BURNING OF JIM MC ILHERRON

A link the the Chattanooga  Times report on the lynching  Feb. 4th 1918

A book Copyrighted 2009 that discusses the Estill springs lynching

AN N. A. A. C. P. INVESTIGATION By Walter F. White, Assistant Secretary rriHE facts given below were secured by -* Mr. White within the week following the burning of Mcllherron in interviews with a number of the citizens of Estill Springs, largely white, including the proprietors of several stores, farmers and others. The account is not a compilation of opinions, but is based upon statements of inhabitants of the town, some of whom were eyewitnesses to the burning. All of the accounts of the burning were given by white people.

The Town

Estill Springs, the scene of the third within nine months of Tennessee’s burnings at the stake, is situated about seventy-four miles from Chattanooga, being midway between that city and Nashville. The town itself has only two hundred inhabitants; with the territory within the radius of a half-mile, about three hundred. Franklin County, in which Estill Springs is located, had a white population of 17,365 and 3,126 colored inhabitants in 1910, according to the census. Estill Springs is not incorporated and, -therefore, has no mayor or village officials. It is a small settlement located midway between the larger and more progressive villages of Decherd and Tullahoma, each having about 2,000 inhabitants. Winchester, fifteen miles from Estill Springs, is the county seat.

Estill Springs is made up of a small group of houses and stores gathered about the

A Great and Growing Evil.—The increasing frequency of murder by lynching is one of the most frightful evils of the present time. There is no greater reproach to our modern civilization. In the ages when superior strength recognized no law human life was taken without form of law by feudal lords who were a law unto themselves.

We read of those dark ages with horror, and yet we live in an age where the taking of human life without form of law is still more generally sanctioned by the people, at least in our country, which boasts of being the most advanced in civilization. Hundreds of lynchings occur each year.

It has become an accepted idea with a majority of the people that a certain class of offenders cannot be put to death too quickly, and should not be given a chance of acquittal by jury trial. This amounts to saying that the ends of justice can be served better by acting on sudden impulse than sober judgment.

There are many cases of crime so heinous and so well proven that they seem to cry for instant vengeance, but if the law may be set aside in one instance where is to be drawn the line beyond which the people may or may not go? The newspapers show that lynch law is being visited not only on the worst offenders but on those who commit comparatively slight misdemeanors. And the evil is • growing.

At Tullahoma, Tenn., about a week ago, a negro boy, nineteen years of age, was arrested for drunkenness and put in jail. For two years previous he had been intemperate, and when under the influence of liquor he was quarrelsome and rowdyish. Further than this there were no charges against him. On the night following his arrest, all o’clock, six or seven masked men broke into the jail, took the boy out and hung him to a tree.

This shows to what an extreme the practice of lynching may be carried, and such instances will become frequent if popular sentiment on this subject does not change. The public has become familiar with atrocities scarcely less shocking than this, so familiar that public sentiment is becoming callous. This in itself is a serious consequence of the toleration of this evil.

But the most serious consideration of all in regard to the prevalence and encouragement of lynch law is the undoubted fact that much of this kind of violence is prompted by personal malice and by a desire for desperate adventure. The persons who hung the boy at Tullahoma undoubtedly had a grudge against him, and they knew they could put him out of the way without danger to themselves.

Lynching is about the safest sort of adventure that can be indulged in. And if a person thirsts for vengeance against another, what easier way of gratifying it is there than by laying a plot to implicate him in some heinous crime—then inflame public sentiment against him and bring him to a shameful death ? That many innocent persons are murdered in this way hardly admits of a doubt. If the people would view the subject in all its bearings they would put an end to this blot on our civilization.—Florida Times- Union.

REBEL FEMALE DUPLICITY ENDING IN MURDER.

There resided, some eight miles from Tullahoma in Tennessee, a fine-looking and rather preposessing woman, by the name of Cobb, who very frequently visited Tullahoma, for the purpose apparently of selling fruit. With her Jezebel jokes, and Judas-like smiles, she soon formed an intimacy with two young men, belonging to the Eighth Ohio Battery. She told them, if they would pay a visit to where she lived, ” she would treat them (it was in the month of September) to some delicious peaches and apples.” The unsuspecting young ” battery men” started from Tullahoma on the 17th, to visit Miss Cobb, and have never since been beard of. A few^days after, an officer and soldier, believing they could obtain some intelligence of their friends, went in that direction in search of them, but could learn nothing of them, after visiting the place. The news soon got out from the Cobbs, of the two being in the neighborhood ; and some eight or ten men of the vicinage assembled, and captured the officer and soldier. After robbing them of their horses, guns, and money, they determined to kill them by shooting, and for this purpose placed the two against a tree at a short distance, to be fired at by the marksmen. They fired chiefly at the officer, killing him outright; but only slightly wounded the soldier, so that he made his escape, and, after rambling through the woods several days, found his way back to Tullahoma, and informed Colonel Collum, who at once sent out a sufficient scout, and picked up some eight or ten men of the vicinage, together with Miss Cobb and her mother, taking them all to Tullahoma. When they came into the presence of the wounded soldier, he readily identified five of them as being of .the party.. The mother and daughter denied all knowledge of the transaction. The daughter, however, was heard to say to her mother in an under tone, we had better tell all about it; but the mother instantly ordered the daughter to be silent, and not speak one word. Colonel Collum ordered them to be sent to the Penitentiary at Nashville. On the night of the 19th of October, Company H, First Middle Tennessee Cavalry, * caught- Miss Cobb’s two brothers, about one half mile from where she lived. From letters found on their persons, it appears they had been recently connected with Bragg’s army. In all probability they were spies, doing all they could for the rebel cause.

This county lies principally on the highlands or plateau of Middle Tennessee, a small portion only being in the basir.. The soil is generally light and sandy, though there are some fertile valley*. Manchester is the county seat. Its population is 438. Other towns are, Summitville, Beech Grove, Hillsboro, Pocahontas, Needmore and Tullahoma, the latter being a summer resort of considerable celebrity. The principal water-courses are Duck River and its tributaries, which afford water power of the finest quality. The county is amply supplied with timber. The principal products are corn, wheat, oats, rye, fruits and live stock. The plateau lands, though not adapted for heavy crops of grain, are well suited for the growth of fruits. The principal educational institutions are the Tullahoma College, the Tullahoma Grammar School, and the Manual School, of Manchester. The Nashville and Chattanooga Railroad passes through the county, and the Manchester and McMinnvillo Railroad has its terminus at Tullahoma. There are in the county one paper factory, one hub and spoke factory, one file factory, one axe-handle factory, one sash, door and blind factory and one woolen mill. The amount of capital invested is about $’250,000, and number of persons employed 200. The prevailing religious denominations are Methodist, Baptist, Presbyterian, Cumberland Presbyterian and Episcopalian. The county taxes are: for schools, 10 cents; for roads, 15 cents; for county purposes, 10 cents.

THE YELLOW FEVER IN TENNESSEE, OUTSIDE OF MEMPHIS, IN 1879.

TULLAHOMA HOTEL GH NORTON Proprietor Tullalioma Tenn This Hotel Is pleasantly situated near the depot at the Junction of the Manchester and McMlnnville Ruilroad Board by the day week or month on reasonable terms The beautiful location of Tullalioma on the Plateau of the Cumberland Mountain 76X1 feet above Nashville renders It one of the most desirable retreats during the summer season It is celebrated for its pure air and good free stone sulphur and chalybeate water E3 NB Horses and Hacks can be had at all times by Charlrs H Nobtok jy6S