Thursday, 25th September 1913 Recall To Apply To All Big Offices

Reading Time: 32 minutes [5285 words]

Initiation and Referendum Added

to Old Charter Woodward

Delighted.

By the adoption of the initiative, referendum and recall amendment to the city charger the votes of Atlanta can recall Mayor James G. Woodward, Recorder Nash Broyles, Police Chief James Beavers, Fire Chief W. B. Cummings, School Superintendent Slaton, and any of the twenty Councilmen or ten Aldermen, any Board member and any head of a city department, according to a ruling by City Attorney James L. Mayson Thursday.

Mayor James G. Woodward and the City Council accept this ruling as final.

The Mayor issued a formal statement on the result of the election Thursday in which he declared the vote indicated that the public disapproved of the policies of the majority party in Council. He attacked three candidates who go before the people for re-election next Tuesday for their opposition to real charter reform. They are Councilmen Albert D. Thomson, Orville H. Hall and James E. Warren, and said that if there were opposition to the other charger reform opponents who are running all of them would be defeated.

He said the vote for the Council charter Wednesday showed that the "ring" following in Atlanta had dwindled to 1,487 votes and that the doom of that "organization" had been sounded.

Mr. Mayson's statement follows:

"At the charter election, held on yesterday, three questions were submitted to the people:"

"First, the revised charter."

"Second, the power of the Recorder's Court."

"Third, the initiative referendum and recall."

"Under Section 215 of the revised charter it is provided that the result of the election thereon shall not affect the several sections of the act which provide that the provisions shall become a law when approved by the Governor, nor the provisions of section 215-a, which submits to the people the question of the Recorder's Court power, and section 215-b, which submits to the people the question of initiative, referendum and recall."

Limits Recorder's Power.

"Under section 215-a, it is provided that if a majority of the votes cast is in favor of vesting in the Recorder's Court the power set out in the second ballot, that is, For vesting in the Recorder's Court power to sentence for a term of labor and imprisonment not exceeding 30 days or by a fine not exceeding $200,' then said provisions shall become a law."

"Under section 215-b of the amended act, it is provided that if a majority of the votes cast is in favor of the principles of initiative, referendum and recall, then same shall become a law."

"Under these provisions, the result of yesterday's election, when declared as therein provided, is to limit the power of the Recorder's Court to a sentence not exceeding 30 days upon the public works and not exceeding $200 fine."

"Likewise the result of this election is to incorporate into the present law the principles known as initiative, referendum and recall, when the re-"

Continued on Page 2, Column 1.

PAGE 7, COLUMN 1

INITIATIVE, REFERENDUM AND RECALL ARE PUT INTO EFFECT IN ATLANTA

Every City Official of Importance Subject to Ejection From Office by People

REAL REFORMS PASSED

WHILE PROPOSED NEW

CHARTER MEETS DEFEAT

Continued from Page 1.

sult of the election is declared as therein provided."

"Under this law, whenever 10 percent of the registered voters as shown by the registration sheets of preceding general municipal elections shall, by petition filed in the office of the Clerk of Council, request the submission of any ordinance or resolution, the substance of which is incorporated in the petition, an election shall be called therefore within 10 days after same has been read in Council. At said election, if said resolution or ordinance receives a majority of the votes cast, it becomes effective and can not be thereafter repealed except by a similar election, provided if the Mayor and General Council adapt the resolution or ordinance so petitioned for, then no election shall be called."

Also, whenever 15 percent of the registered voters, ascertained in the same way, file a petition with the clerk of Council requesting the submission of any ordinance or resolution already adopted by the General Council, same shall be submitted at the next regular city election, provided this request is filed within 60 days after the approval of said ordinance or resolution.

How to Defeat Bill.

"No ordinance or resolution shall be submitted at a date earlier than sixty days after the date of its approval nor shall same be submitted at any other time than at the regular city election held on the first Wednesday in December of each year, but same can be submitted at each annual general city election if petition is filed therefore as prescribed.

"If a majority of the cast are against the resolution or ordinance same is rendered of no effect, nor can it afterwards be adopted by the Mayor and General Council until submitted to the voters of the city in the same manner."

"If said resolution or ordinance receives a majority vote, then the ordinance or resolution remains effective in the same manner as other ordinances or resolutions."

Recall's Operation.

"Also, if 25 percent of the registered voters, as shown by the registration sheets of the preceding general election, shall file a petition with the clerk of Council therefore an election shall be called and held within thirty days on the subject only of the recall or non-recall of the official. It is made the duty of the City Clerk to check up the signatures on the petition with the registration list and ascertain if the required number have signed and file report to the General Council with the petition and the petition must be filed at least five days before the meeting of the General Council in order that time may be given for checking up the list. The General Council shall order an election to be held within thirty days if the requisite number of signatures are secured. When the question of the recall or non-recall of the official is voted on in said election the form of the ballot shall be:

For the recall.

Holding the office of.."

"Against the recall of

Holding the office of.."

Includes All Officers.

"If a majority of the votes are for the recall of such officer, a vacancy exists at the moment the votes are canvassed by the General Council and the result announced, and the vacancy is filled in the same manner as vacancies are otherwise filled for said office. A meeting of the General Council must be called, if no regular meeting intervenes, within not less than five days after the election so held. The Mayor, Alderman, Councilmen and officers elected by vote of the people, heads of the departments and members of boards are subject to recall in the manner above provided."

"Also in the office of Tax Assessors and Receivers it is provided that these officers hall be the head thereof and shall have the authority to nominate the chief clerk, together with the assistants therein, subject to the confirmation of the Tax Committee, and also the final confirmation by the General Council."

"Also there is a further provision that the Mayor and General Council shall have authority to provide by ordinance for the inspection of freight and passenger elevators used in the different buildings of the city and also to provide for the inspection of steam boilers, and to give the officers in charge of such inspection the right to enter the premises, and to provide by ordinance regulations for the use of such elevators and steam boilers."

"Also there is an additional provision authorizing Council to close Wyman street in the block next to the right of way of the Georgia Railroad."

"J. I. MAYSON,"

"City Attorney."

CITY ATTORNEY RULES

REFORMS EFFECTIVE

CITY ATTORNEY JAMES L. MAYSON

PAGE 2, COLUMN 3

RECALL TO

APPLY TO

ALL BIG

OFFICES

Initiation and Referendum Added

to Old Charter Woodward

Delighted.

By the adoption of the initiative, referendum and recall amendment to the city charger the votes of Atlanta can recall Mayor James G. Woodward, Recorder Nash Broyles, Police Chief James Beavers, Fire Chief W. B. Cummings, School Superintendent Slaton, and any of the twenty Councilmen or ten Aldermen, any Board member and any head of a city department, according to a ruling by City Attorney James L. Mayson Thursday.

Mayor James G. Woodward and the City Council accept this ruling as final.

The Mayor issued a formal statement on the result of the election Thursday in which he declared the vote indicated that the public disapproved of the policies of the majority party in Council. He attacked three candidates who go before the people for re-election next Tuesday for their opposition to real charter reform. They are Councilmen Albert D. Thomson, Orville H. Hall and James E. Warren, and said that if there were opposition to the other charger reform opponents who are running all of them would be defeated.

He said the vote for the Council charter Wednesday showed that the "ring" following in Atlanta had dwindled to 1,487 votes and that the doom of that "organization" had been sounded.

Mr. Mayson's statement follows:

"At the charter election, held on yesterday, three questions were submitted to the people:"

"First, the revised charter."

"Second, the power of the Recorder's Court."

"Third, the initiative referendum and recall."

"Under Section 215 of the revised charter it is provided that the result of the election thereon shall not affect the several sections of the act which provide that the provisions shall become a law when approved by the Governor, nor the provisions of section 215-a, which submits to the people the question of the Recorder's Court power, and section 215-b, which submits to the people the question of initiative, referendum and recall."

Limits Recorder's Power.

"Under section 215-a, it is provided that if a majority of the votes cast is in favor of vesting in the Recorder's Court the power set out in the second ballot, that is, For vesting in the Recorder's Court power to sentence for a term of labor and imprisonment not exceeding 30 days or by a fine not exceeding $200,' then said provisions shall become a law."

"Under section 215-b of the amended act, it is provided that if a majority of the votes cast is in favor of the principles of initiative, referendum and recall, then same shall become a law."

"Under these provisions, the result of yesterday's election, when declared as therein provided, is to limit the power of the Recorder's Court to a sentence not exceeding 30 days upon the public works and not exceeding $200 fine."

"Likewise the result of this election is to incorporate into the present law the principles known as initiative, referendum and recall, when the re-"

Continued on Page 2, Column 1.

PAGE 7, COLUMN 1

INITIATIVE, REFERENDUM AND RECALL ARE PUT INTO EFFECT IN ATLANTA

Every City Official of Importance Subject to Ejection From Office by People

REAL REFORMS PASSED

WHILE PROPOSED NEW

CHARTER MEETS DEFEAT

Continued from Page 1.

sult of the election is declared as therein provided."

"Under this law, whenever 10 percent of the registered voters as shown by the registration sheets of preceding general municipal elections shall, by petition filed in the office of the Clerk of Council, request the submission of any ordinance or resolution, the substance of which is incorporated in the petition, an election shall be called therefore within 10 days after same has been read in Council. At said election, if said resolution or ordinance receives a majority of the votes cast, it becomes effective and can not be thereafter repealed except by a similar election, provided if the Mayor and General Council adapt the resolution or ordinance so petitioned for, then no election shall be called."

Also, whenever 15 percent of the registered voters, ascertained in the same way, file a petition with the clerk of Council requesting the submission of any ordinance or resolution already adopted by the General Council, same shall be submitted at the next regular city election, provided this request is filed within 60 days after the approval of said ordinance or resolution.

How to Defeat Bill.

"No ordinance or resolution shall be submitted at a date earlier than sixty days after the date of its approval nor shall same be submitted at any other time than at the regular city election held on the first Wednesday in December of each year, but same can be submitted at each annual general city election if petition is filed therefore as prescribed.

"If a majority of the cast are against the resolution or ordinance same is rendered of no effect, nor can it afterwards be adopted by the Mayor and General Council until submitted to the voters of the city in the same manner."

"If said resolution or ordinance receives a majority vote, then the ordinance or resolution remains effective in the same manner as other ordinances or resolutions."

Recall's Operation.

"Also, if 25 percent of the registered voters, as shown by the registration sheets of the preceding general election, shall file a petition with the clerk of Council therefore an election shall be called and held within thirty days on the subject only of the recall or non-recall of the official. It is made the duty of the City Clerk to check up the signatures on the petition with the registration list and ascertain if the required number have signed and file report to the General Council with the petition and the petition must be filed at least five days before the meeting of the General Council in order that time may be given for checking up the list. The General Council shall order an election to be held within thirty days if the requisite number of signatures are secured. When the question of the recall or non-recall of the official is voted on in said election the form of the ballot shall be:

For the recall.

Holding the office of.."

"Against the recall of

Holding the office of.."

Includes All Officers.

"If a majority of the votes are for the recall of such officer, a vacancy exists at the moment the votes are canvassed by the General Council and the result announced, and the vacancy is filled in the same manner as vacancies are otherwise filled for said office. A meeting of the General Council must be called, if no regular meeting intervenes, within not less than five days after the election so held. The Mayor, Alderman, Councilmen and officers elected by vote of the people, heads of the departments and members of boards are subject to recall in the manner above provided."

"Also in the office of Tax Assessors and Receivers it is provided that these officers hall be the head thereof and shall have the authority to nominate the chief clerk, together with the assistants therein, subject to the confirmation of the Tax Committee, and also the final confirmation by the General Council."

"Also there is a further provision that the Mayor and General Council shall have authority to provide by ordinance for the inspection of freight and passenger elevators used in the different buildings of the city and also to provide for the inspection of steam boilers, and to give the officers in charge of such inspection the right to enter the premises, and to provide by ordinance regulations for the use of such elevators and steam boilers."

"Also there is an additional provision authorizing Council to close Wyman street in the block next to the right of way of the Georgia Railroad."

"J. I. MAYSON,"

"City Attorney."

CITY ATTORNEY RULES

REFORMS EFFECTIVE

CITY ATTORNEY JAMES L. MAYSON

PAGE 3, COLUMN 5

CITY ATTORNEY RULES

REFORMS EFFECTIVE

CITY ATTORNEY JAMES L. MAYSON

PAGE 3, COLUMN 7

WOODWARD, BEAVERS,

ALL OFFICIALS NOW

SUBJECT TO EJECTION

Revolutionary Reform Is Voted in,

Mayson Rules, Despite Defeat of

Substitute Charger---Woodward

Sees Death Blow to Reactionaries.

By the adoption of the initiative, referendum and recall amendment to the city charger the votes of Atlanta can recall Mayor James G. Woodward, Recorder Nash Broyles, Police Chief James Beavers, Fire Chief W. B. Cummings, School Superintendent Slaton, and any of the twenty Councilmen or ten Aldermen, any Board member and any head of a city department, according to a ruling by City Attorney James L. Mayson Thursday.

Mayor James G. Woodward and the City Council accept this ruling as final.

The Mayor issued a formal statement on the result of the election Thursday in which he declared the vote indicated that the public disapproved of the policies of the majority party in Council. He attacked three candidates who go before the people for re-election next Tuesday for their opposition to real charter reform. They are Councilmen Albert D. Thomson, Orville H. Hall and James E. Warren, and said that if there were opposition to the other charger reform opponents who are running all of them would be defeated.

He said the vote for the Council charter Wednesday showed that the "ring" following in Atlanta had dwindled to 1,487 votes and that the doom of that "organization" had been sounded.

Mr. Mayson's statement follows:

"At the charter election, held on yesterday, three questions were submitted to the people:"

"First, the revised charter."

"Second, the power of the Recorder's Court."

"Third, the initiative referendum and recall."

"Under Section 215 of the revised charter it is provided that the result of the election thereon shall not affect the several sections of the act which provide that the provisions shall become a law when approved by the Governor, nor the provisions of section 215-a, which submits to the people the question of the Recorder's Court power, and section 215-b, which submits to the people the question of initiative, referendum and recall."

Limits Recorder's Power.

"Under section 215-a, it is provided that if a majority of the votes cast is in favor of vesting in the Recorder's Court the power set out in the second ballot, that is, For vesting in the Recorder's Court power to sentence for a term of labor and imprisonment not exceeding 30 days or by a fine not exceeding $200,' then said provisions shall become a law."

"Under section 215-b of the amended act, it is provided that if a majority of the votes cast is in favor of the principles of initiative, referendum and recall, then same shall become a law."

"Under these provisions, the result of yesterday's election, when declared as therein provided, is to limit the power of the Recorder's Court to a sentence not exceeding 30 days upon the public works and not exceeding $200 fine."

Recall Adopted.

"Likewise the result of this election is to incorporate into the present law the principles known as initiative, referendum and recall, when the result of the election is declared as therein provided."

"Under this law, whenever 10 percent of the registered voters as shown by the registration sheets of preceding general municipal elections shall, by petition filed in the office of the Clerk of Council, request the submission of any ordinance or resolution, the substance of which is incorporated in the petition, an elec-"

Continued on Page 2, Column 1.

PAGE 8, COLUMN 1

REAL REFORMS PASSED

WHILE PROPOSED NEW

CHARTER MEETS DEFEAT

Continued from Page 1.

tion shall be called therefore within 10 days after same has been read in Council. At said election, if said resolution or ordinance receives a majority of the votes cast, it becomes effective and can not be thereafter repealed except by a similar election, provided if the Mayor and General Council adapt the resolution or ordinance so petitioned for, then no election shall be called.

Also, whenever 15 percent of the registered voters, ascertained in the same way, file a petition with the clerk of Council requesting the submission of any ordinance or resolution already adopted by the General Council, same shall be submitted at the next regular city election, provided this request is filed within 60 days after the approval of said ordinance or resolution.

How to Defeat Bill.

"No ordinance or resolution shall be submitted at a date earlier than sixty days after the date of its approval nor shall same be submitted at any other time than at the regular city election held on the first Wednesday in December of each year, but same can be submitted at each annual general city election if petition is filed therefore as prescribed.

"If a majority of the cast are against the resolution or ordinance same is rendered of no effect, nor can it afterwards be adopted by the Mayor and General Council until submitted to the voters of the city in the same manner."

"If said resolution or ordinance receives a majority vote, then the ordinance or resolution remains effective in the same manner as other ordinances or resolutions."

Recall's Operation.

"Also, if 25 percent of the registered voters, as shown by the registration sheets of the preceding general election, shall file a petition with the clerk of Council therefore an election shall be called and held within thirty days on the subject only of the recall or non-recall of the official. It is made the duty of the City Clerk to check up the signatures on the petition with the registration list and ascertain if the required number have signed and file report to the General Council with the petition and the petition must be filed at least five days before the meeting of the General Council in order that time may be given for checking up the list. The General Council shall order an election to be held within thirty days if the requisite number of signatures are secured. When the question of the recall or non-recall of the official is voted on in said election the form of the ballot shall be:

For the recall.

Holding the office of.."

"Against the recall of

Holding the office of.."

Includes All Officers.

"If a majority of the votes are for the recall of such officer, a vacancy exists at the moment the votes are canvassed by the General Council and the result announced, and the vacancy is filled in the same manner as vacancies are otherwise filled for said office. A meeting of the General Council must be called, if no regular meeting intervenes, within not less than five days after the election so held. The Mayor, Alderman, Councilmen and officers elected by vote of the people, heads of the departments and members of boards are subject to recall in the manner above provided."

"Also in the office of Tax Assessors and Receivers it is provided that these officers hall be the head thereof and shall have the authority to nominate the chief clerk, together with the assistants therein, subject to the confirmation of the Tax Committee, and also the final confirmation by the General Council."

"Also there is a further provision that the Mayor and General Council shall have authority to provide by ordinance for the inspection of freight and passenger elevators used in the different buildings of the city and also to provide for the inspection of steam boilers, and to give the officers in charge of such inspection the right to enter the premises, and to provide by ordinance regulations for the use of such elevators and steam boilers."

"Also there is an additional provision authorizing Council to close Wyman street in the block next to the right of way of the Georgia Railroad."

"J. I. MAYSON,"

"City Attorney."

PAGE 3, COLUMN 8

Here's a List of

Officials Subject

To Voters' Recall

Here is a list of the city officials subject to be recalled by the people under the charter amendment adopted by the people Wednesday:

Mayor James G. Woodward, the 30 members of the General Council, the 30 members of the General Council, Recorder Nash R. Broyles, Police Chief J. L. Beavers, Fire Chief W. B. Cummings, Superintendent of Schools W. M. Slaton, City Attorney Mayson, Chief of Construction R. M. Clayton, Comptroller J. H. Goldsmith, General Manager of Waterworks W. Z. Smith, City Clerk Walter C. Taylor, General Manager of Parks Dan Carey, City Marshal James Fuller, Building Inspector Ed. R. Hays, Dr. J. P. Kennedy, City Health Officer; Dr. Claude A. Smith, City Bacteriologist; John Jentzen, Sanitary Chief; Thomas Evans, City Warden; J. L. Harrison, C. D. Meador and J. N. Malone, Tax Assessors; E. E. Williams, Tax Collector; H. T. Hayes, License Inspector; R. C. Turner, City Electrician.

Carlos H. Mason and all members of the Police Commission are included, as well as all members of the Board of Health, the Board of Water Commissioners, the Board of Trustees of the Grady Hospital, the Board of Education, the Cemetery Commission, Trustees of the Carnegie Library, and the Park Board.

It gives the people an opportunity to vote on numbers of city officials whose elections they never had any voice in.

PAGE 13, COLUMN 3

LEO FRANK AGAIN

MADE HEAD OF

B'NAI BRITH

Condemned Man retains Presi-

dency of Charitable Order.

Manages Factory From Cell.

Leo M. Frank, under sentence of death for the killing of Mary Phagan, has been unanimously re-elected president of the Jewish Order of B'nai Brith.

Other prominent Atlantans selected to fill the more important offices are Arthur Heyman, of the law firm of Dorsey, Brewster, Howell & Heyman, vice president; Milton, Klein, monitor; Dr. B. Wildauer, treasurer, and B. Kaufman, warden, Sam P. Cronheim, secretary, will retain his office until the January elections.

Although Frank was in the prison tower under sentence of death at the time of the elections in the order, this did not deter his associates from again placing the fortunes of the organization, which is charitable in purpose, in the hands of the young pencil factory superintendent.

Still Runs Factory.

The re-election of Frank followed the announcement that the condemned man had been continued in the service of the pencil factory as the superintendent, which position he occupied when the murder of Mary Phagan was committed.

For several weeks he has directed the affairs of the pencil factory from his cell in the jail. Those who are in close touch with him say he has every detail of the business at his fingers' tips, and that he handles the affairs as if he were back at the desk in the little office.

Frank probably will continue as president of the B'nai Brith as well as superintendent of the pencil factory for many months regardless of the success of the fight for his life, for present indications point to a fight in the courts unparalleled in the annals of legal procedure in Georgia.

Hearing May Be Delayed.

The hearing for a new trial on October 4, just six days before Frank is sentenced to hang, probably will be postponed for several weeks so that Solicitor General Hugh Dorsey may prepare his answer.

The B'nai Brith also honored Leonard Haas, of the law firm of Haas & Haas, president of the district grand lodge, which includes the States of Virginia, North Carolina, South Carolina, Florida and Georgia. Mr. Haas and Mr. Klein are considered among the leading men in the organization in the South.

PAGE 20, COLUMN 1

CHIEF, AT END OF FIRST

YEAR OF VICE WAR, SEES

BIG BENEFITS DONE CITY

Wednesday marked the first anniversary of Atlanta's great moral tidal wave.

It was on this date one year ago that Police Chief Beavers startled the South by the issuance of his famous order that swept away Atlanta's tenderloin and started a relentless war on vice that has been waged unceasingly by the chief since.

"Atlanta to-day is the cleanest city in the whole United States there is not one recognized house of vice in the city, nor one disorderly house known to the police; disorders have shown a remarkable decrease. The closing of the district has been a wonderful success, and the whole city has been benefited."

That is the way Chief Beavers Wednesday morning heartily expressed his first anniversary satisfaction.

As Chief Views Move.

He declared that the year just passed clearly shows three things:

That it is possible to close the tenderloin district.

That the closing of the district in Atlanta for one year means that the movement is an unqualified success.

That the houses of vice in Atlanta are closed for good.

"No matter whether I am chief of police, or who is chief, open and recognized vice never again will be tolerated in this city," was his confident assertion.

"The people of Atlanta will never consent to a return to old conditions they know the new order of things is the better."

The chief said that immediately after he had closed the district he was assured by citizens that if he could keep it closed for one year he would do the city a wonderful good that could come in no other way."

Some of these, he said, were skeptical, and really didn't believe the houses could be kept close for this period, but felt sure that one year would prove the success or failure of the movement. Various figures were advanced, he said, as to the length of time before the houses would reopen some named eight months, others four or five months, and some even one month.

"I have never had a doubt butt hat they were closed for all time, because I know the people of Atlanta want a clean city," said the chief.

City Has Benefited, He Says.

He expressed himself as greatly pleased with the general results of the vice war. He said:

"I know that Atlanta has been benefited, and, even though I should never do another thing for the city, I feel that my 24 years' service as a police man and as chief of police has not been in vain. Atlanta now is successfully rid of an evil that for years and years has contaminated and polluted its young and poisoned its entire system and henceforth it will move forward with greater vim and longer strides. It is no longer a municipal slave to commercialized vice."

"The closing of the houses has rid Atlanta of an undesirable and vicious element, and hence crimes and disorders have decreased. Not only this, but the power of the infamous ring that thrived on the shame of women at last has been broken forever. The day of the blood-money shark in Atlanta has passed."

"Atlanta to-day is the cleanest city in the United States and will keep that honored position. Other cities are realizing the importance of wiping out vice, and the movement is becoming general."

Sees Spread of Vice War.

"It is but a matter of time until recognized vice will be unknown in the United States this condition is certain to come."

"Atlanta has prospered in the first year of the new order of things and it will continue to grow better and more prosperous as the years pass."

Chief Beavers received a request Tuesday afternoon from Cleveland (Ohio) newspaper for his photograph, along with the information that a movement to suppress vice in that city has been started and that the success of the crusade here is to be recited at length in the newspapers as an aid.

PAGE 26, COLUMN 4

FRANK RETRIAL

MOTION BEARS

ON JURORS

Two Depositions Are Said to Tell

of Conduct of One of the

Veniremen.

Two depositions, filed with the Clerk of the Superior Court, purporting to hear on the conduct of members of the jury which convicted Leo M. Frank, are said to form a strong link in the motion for a new trial for the pencil factory superintendent, according to a report Thursday.

The depositions were made by L. E. Block and Walter Thomas, both of Blakely, Ga. Thomas, who is a druggist, is said to have had some conversation with Aticus H. Henslee before the trial of Frank, when Henslee is declared to have expressed an opinion on the case. Later he was chosen as a juror and was accepted. Black is said to have overheard the conversation between Thomas and Henslee.

Attorney Rosser is said to have completed an amendment to his motion for a new trial for Frank and will present it to Solicitor Dorsey some time this week. While the filling of the two depositions would indicate that the defense will base its request upon the Henslee episode, no definite idea of their line of action has become known.

The defense, since Frank's conviction, has been active in securing evidence on every angle of the trial with which to support its plea. Frank's attorneys are said to have gathered a number of affidavits which they will submit at the hearing.

That the State will ask for a postponement of the hearing from October 4 became known Thursday. The defense is said to be ready.