Boys and Gtrls—Read on Page 7 Todau About That Theatre Party You May Enjoy at the Academy, Wednesday, January 11th
est Edition
THE CHARLO'FTE NEWS.
Edition
OL. 43. NO. 6918
CHARLOTTE. N. C.. FR1DA\. JANUARY 6 1911
PRICE 5 CENTS
nployers Liability
let Of Ck>ng76ss
Is Con side red
1' Press.
a .Tnn. f>.—On the logic
i iioj)artment of justtc
. ti'-f I'f upholding the pro-
o living, extended by the
;i - hllify act of congresB.
the law aB a leRltlmate exercise of con
gress over interstate commerce.
‘‘Congress had a right to decide and
did decide,” said he, “that railroad
employes would not be killed or in
jured often and would themselves feel
more secure against killing and In-
today sent to the Jury if the rule of the common law,
’• the brief of the late j which makes an employe himself look-
,'. »'re. solicitor general, in | out for and take the consequences of
ilrt Hct of congress. Tack- negligence of a co-employe, were
changed so as to make the employer
himself watchful against injury of one
employe from negligence of another,
The new policy was defended as
making interstate commerce liable to
less interruptions, more expeditious,
more economical, more secure and in
all ways more efficient.
Mr. Bowers took up the various feat-
tuves of the new law and presented a
defense against the attacks which
mis:ht be suggested to them.
The constltutionalitj' has been rais
ed in at least three cases before the
court. These will come on for oral
argument in the supreme court in a
iff was a tribute to Mr.
. Attorney General Wick-
« art:
r brief wag prepared by
1 .-r jioneral with his ac-
n nnu ability. In order
i r-M'f'rly be before the
• 1’ aiirt ask Its consider-
i’. h Mr Powers defended
t^> replace the em-
! art just declared un*
:»y tlie supreme court
I'plio.i to iltraxtate com-
’1 rs to interstate. Mr.
. il thaf the present law
'Jection. He defended few days.
HEAVIN&
a
Bell Boy and Night
Porter Undertake
Hold-up Business
t
.i i
rUJxyfiiES
.'.111. t’,. Ff figures may
I ion the year 1910
. - crous one in the Im-
firs commonly term-
Tlie I'unau of statis-
. ' 1 fiuures relative to
li -it' i!iamou>ls and other
• . h;'os. art works,
luanufaotures there-
• . i)f like cliaracter.
. iiKTi ast> wh;'U compar-
•!ft: i'f .‘similar articles
^ . ar. 'i'he Imi'oitation
1 o'h r precious stones
.^la^ I'.no api^regated
1'. in 190!* they reaci.-
and in lOOS a year of
- iU‘pre?sinn they fell
ui three-fourths million
ni! \\orU. Inces, feath-
.nil liq\iors. tobacco
' . r. and other artl-
'it.'d in large quantities.
UP if imports (m this
• each between 800 and
:iar^.
Insane Woman
Shot Man and Wife
By Associated Press.
Hamilton, Ohio, .Jan. 6.—Miss Isa
bel Phelps, years old, who says
she is a demonstrator of toilet arti
cles and who has been living at the
home of Mr. and Mrs. Louis Walker,
m this city for several months, today
became temporarily demented and
shot Walker m the head and his wife
in t.ic shoulder.
The man probably will die. After
the shooting the woman walked to the
courthouse and surrendered to Sherift
Graf. She insits that she has many
enemies who are following her and
wish to poison her. She sav:3 all the
foods served her at the Walker home
were poisoned with the exception of
tomatoes and being tmable to longer
stand an exclusive diet of this fruit,
she bought a revolver and intended
to take the law into her own hands.
Much to her amazement she says,
she found a revolver that would shoot
more than once and purchased it.
Clerk, Secure fSO And Make
Good Iheii Escape—Reap
pear Later on Street Car
Where They Kill Officer,
WHERE THE BLOW WAS REALLY FELT I
P[AG[ W A R
\Several Firemen
Said to Be Bwied
Under Fallen Wall
It
Grgene And Gaynoi
Cut Down Sentence
deieis To
Electric Chair
‘ Piess.
;i X. Y., Jan. 6.—Dominick
■;ur. lit Leonardo, young
n; \lbany, who murdered
a’ tiie behest of the
1. ' w. nt to the electric
ii i >ti prison this morning.
• la was strapped in the
!() made a confession
. antiated the evidence of
• > tive, who had himself
; II. \r to the accused men
• lal.
Bid he and Ferrera had
• d by the "niack Hand” to
‘ man. whose name was
■ they (lug a grave under
. naloon which Phelps fre-
wiien called there, they
ta. ked him. i-’errera maln-
r nofonce to the last.
B> As.sociated Press.
Atlanta. ,lan. G.—By good behavior
in the Federal penitentiary here Ben
jamin D. Greene and John F. Gaynor,
convicted in the noted Savannah har
bor contract frauds, have cut their
fotir years stent(*nees down to three
years and api)roximately one month.
Under the good behavior rule they
have only a month longer to serve.
The reward for exemplary prison con
duct cuts 3."^r) days off from a four-
year sentence. The new federal pa
role board is now in se.=;sion here,
but on account of the short time
Greene and Gaynor have yet to serve
it is not believed that the board will
consider their cases.
By Associated Press.
Stanford University, Cal-. Jan. 6.
President David Starr Jordan has be-
gim the Carnegie peace foundations
war upon war with an official announc
ement of the plans to be pursued by
the directorate.
hi the first place he speaks o/ the
need of more widespread knowledge
on the facts of war.
He .=ays:
“The story of the war debt of Eu
rope, its origin, blunders, frauds and
the criminal uses of the deferred pay
ment and indirect tax. the rise ^f the
'unseen enijuie finance’ eu«.l the
crushing of th'j j)easant under The con
stantly growing war burdens is hardly
known to the {jublic and should be
explained.”
Dr. Jordan summarzies the objects
of the foundation as follows:
Work for the advancement of peace
as provided by the Carnegie fund may
consist, first, in propaganda by speech
and in writing; second, investigation
into the cause, nature and effects of
war: third, the development of inter
national law; fourth, the development
and encouragement of international
congress; filth, the promotion of inter
national courts, arbitral, judicial or
both; sixth, the publication of a new
material as well as the reprinting of
tlie classics.
ny Vetselv Built.
•'■(1 Pres.s,
ur. Jan. 6.—There were 59
’■ am vessels built in the
trs dttrlng December, ac-
*he bureau of navlbatlon
. .ii'ieiit of cotnmercn and
I’r'i*; tonnage of these
7^4:. The largest steel
' 1 cf)nstructed during the
"as the Anne Arbor Niim-
1 gross tons.
Alabama In
dians in Texas
By Associated Press.
Washington. Jan. 6.—Indians that
don’t drink to any extent, that have
abandoned tribal customs and adopted
the white man’s ways, that have built
little one-story houses for their resi
dences and are self-sustaining—these
are the Alabama Indians, in Texas,
according to a report sent to congress
today by Secretary Ballinger. The in
vestigation of the conditions of the In
dians was directed by congress. The
interior department reported that
there are 192 of them, that they have
made marked progress in civilization,
are peaceable and law abiding and
have no claim on the government but
would like more land to cultivate and
a school for manuel training.
Must Not Read These Papers.
Ix months ended December By Associated Press,
h. lo was built 589 sail and Lyons. France, Jan. 6.—The Arch-
. I.-I of inT,.')68 gross tons. bishop of Lyons today issued a dioces-
i: incrr ase over the corres- an decree forbidding Catholics reading
! .1 uf when 562 vea- four republican newspapers published
. uru s tons were built in* in the diocese and declaring the read-
ni! . ing of the papers a sin.
ay Reduction Of
Would Ruin
Sheep Industry
Tariff
The
i.'t. d F’ress.
'’rf.. Jan. Ti.—"The sub-
11* d me is 'Schedule K (of
\l!rich tariff bill) from the
i «’ i)oint of view," said Pe-
I' ton of Hlackfoot, Idaho,
• ■nti«»ii of wool growers to
•'ll7p that this is very intri-
•• with which very few men
'.iiMnble judgment of the
IS the sheep industry and
n »oiintry in general wotild
inlllionsr of dollars better
off if the Payne-Aldrich tariff bill had
been destroyed by the president s
veto.” ^
Today’s task in the wool growers
national convention is to formulate a
basis of agreement between the man
ufacturers and the wool growers, with
a view to combating revision of the
tariff downward certainly so far ^
wool Is concerned. Delegates assert
that a reduction of the tariff «ould
ruin the sheep industry of the Lnited
States. . , ,
Details of Riot
Aie Reported
By Associated Press.
Victoria, B. C., Jan. 6.—Details of
the rioting at Tien Tsin last month,
following the clamor for the immediate
opening of a Chinese national assem
bly and the granting of a constitution
were received today by the steamer
Empress of Japan.
A great mob. in which over a thous
and students were the organizing forc
es, made a demonstration In front of
the Yamen of the viceroy. Many of the
youths cut off joints of their fingers
and some are reported to have broken
their arras. Banners and documents
inscribed with blood were much in
evidence. The viceroy refused to show
himself, saying he was ill. His secre
tary promised to memorialize Peking
on behalf of the rioters.
At Mukden and other cities the agi
tation continues unabated and the com
ing holidays at the Chinese new year
will be marked by great demonstra
tions in many cases.
lower house MEETS
IN TENNESSEE.
Inquest Into Death
Of Outlaws
By Associated Pi'ess.
London, Jan. 6.—The inquest into
the death of the two outlaws who M'ere
kjlled while resisting arrest in their
Sidney street home on Tuesday began
today.
The tes-timony showed that soldiers
were summoned by the commissioner
of police because the anarchists pis
tols were so superior to the weapons
of the police and that less than t>0
police officers participated in the siege,
the remainder being required to deal
with the crowds.
The surgeon who performed the au
topsy developed that one ot the men
was shot by the police, or soldiers,
while the other probably died from suf
focation. One of the bodies showed a
bullet hole through the skull, the bul
let having entered back of the right
ear.
The surgeon thought that the victim
died before the flames reached him.
Appearances indicated to the physician
that the second anarchist was suffocat
ed.
The inquest was- adjourned until
Monday.
Waited 50 Years to Explode.
By Associated Press.
Resaca, Ga., Jan. 6.—A shell flred
By Associated Press.
Nashville. Tenn., .Jan. 6.—The lower
house of the Tennessee general assem
bly met at 10 o’cfock this morning and
was called to order by Speaker Leach
with the insurgents still absent. After
a brief session the body adjourned un
til 10 o’clock tomorrow morning.
Roughly speaking, the tie up in the
house is costing the state about $500
a day. There are 33 members and 59
representatives on a per diem of $4,
making $368 for this item alone.
Clerks, engrossing clerks, sergeants at
arms, porters, pages and incidental ex
penses, will run the bill quite, or close
to $500 for every day of the session.
Aviation at Charleston.
By Associated Press.
Charleston, S. C., Jan. 6.-—Not daunt
ed by his near-accident yesterday af
ternoon, when his motor stopped dur
ing a high flight. Jimmie Ward an
nounces his intention of flying over
this city during the afternoon, and also
over Fort Moultrie, across the harbor.
McCurdy will be here tomorrow for
flights, having departed on Wednes
day afternoon to fill other engage
ments. The weather for four days
interfered with the success of the
j tiights.
By Associated Press.
New York, Jan. 6.—Several firemen
are reported buried under a fallen
wall at a fire which broke out this
morning in a six-story factory building
on Wooster street and caused damage
estimated at $150,000. Traffic on the
Sixth avenue elevated and s-urface
lines was blocked for a time during
the rush hours.
A Later Report.
New York, Jan. 0.—The falling wall
of a fire-swept factory building on
W^ooster street, today buried a fireman
on the grcijnd floor in i's debris. Chief
Croker and a squad of firemen, who
narrowly escpaed the crash, extricated
the pinioned man, who was slightly in
jured. The fire caused damage esti
mated at 50,000 and tied up traflic
for a time.
Valuable Mail
Bags Stolen
By Associated Pi'ess.
San Francisco, Jan. 6.—Three bags
of registered mail with contents, val
ued at $50,000, have been stolen dur
ing the last few days in San Fran
cisco or on the journey acioss the
harbor to Oakland, according to the
Call. The stolen sacks contained late
Christmas shipments and money or
ders. drafts, checks and currency
forwarded by local banks to close
nearly 50 years ago in a battle of the; account in the West and
Civil War here did not explode imtil fall most
ness of the American Tobacco Com-1 ^ , rrut> j. XT’ U4
pany and of two or three independent | Call Out HandS Up tO Nigflt
snuu manufacturers.
In 1901, the American Cigar Com
pany was incorporated for the alleged
purpose of taking over the cigar busi
ness of the American Tobacco Com
pany and an independent manufactur
er pf cigars.
In the same year the Consolidated
Tobacco Company was incorporated
for the alleged purpose of taking over
as a holding company in exchange for
its bonds substantially all of the stock
of the American Tobacco Company
and the Continental Tobacco Compa
ny.
In 1903 the American Stogie Com
pany was incorporated for the alleged
purpose of taking over the stogie bus
iness of the American Cigar Company,
tlie American Tobacco Company and
the Continental Tobacco Company.
In 1904 the American Tobacco Com
pany, the Continental Tobacco Compa
ny and the Consolidated Tobacco Com
pany were merged into the present
American Tobacco Company.
It is alleged that in addition to this
organization the American companies
in 1902 entered into a contract with
B British Company, the Imperial Tobac-
0 Company, whereby the American
companies were limited in their bus
iness to America and the British to
Great Britain, except that the latter
could buy leaf tobacco in the United
States. It was alleged that the British-
America Tobacco Company was or
ganized to take over the export busi
ness of both the British and the Amer
ican companies.
Testimony was presented to prove
that the defendants produced 70 per
cent of the smoking tobacco made in
this country; 73 per cent of the cigar
ettes; 81 per cent of the plug and awist
tobacco; 81 per cent of the fine-cut to
bacco; 89 per cent of the little cig
ars; 06 per cent of the snuff; 95 per
cent of the licorice paste; 75 per
cent of the tin foil and most ot the to
bacco extracts, boxers and contain
ers.
Tiiree of the four judges on the cir-
cr.:t court bench united in a decree.
Thi» decree dismissed the petition as
to the Imperial Company and the Brit-
Ish-American Company, and the Uiiit-
ed Cigar Stores Comi)any, which was
claimed to be the retail branch of the
organization. This action formed one
on the grounds of appeal by the gov
ernment to the supreme court.
The decree adjudged the other de
fendants to be parties to an unlawful
combination, but said nothing about
the monopolizing charges. This fail
ure furnishes another ground for ap
peal by the government. The American
'I'obacco Company, the American
Snuff Company, the American Cigar
Company. P. Lorillard Company, R. J.
Reynolds Tobacco Company. Black
well’s Durham Tobacco Company and
the Conley Foil Company were adjudg
ed to hold shares in a number of spec
ified tobacco corporations and enjoined
them from acquiring the plants or
business or voting the shares of and
from exercising control over these sub
sidiary companies. The government
was disastisfied because tlie holding
companies were not enjoined from col
lecting dividends from the subsidiary
companies.
The defendants appealed to the su
preme court because the petition of tlie
government was not dismissed in
toto.
this w'eek. It was concealed in a tree,
which it had half pierced when shot.
Rotted and fallen, this tree caught
flre from a small blaze and horrified
the colored folks hereabout by “done
explodin’.” Examination showed
heavily on tlieb auks.
Four Privates Arrested.
By Associated Press.
Atlanta Jan. 6.—Four privates of
ot the She., .til, _ emheade. ]-,pa..y ’Star‘"'^rr'eTi .S
in the oM log or scattered near the
fire.
Census of Georgia.
By Associated Press.
Washington, Jan. 6.—The census
bureau today announced the following
population figures for Georgia cities:
Place 1910 190®
Albany 8,190
Americus 8.063
Cordelle 5,883
Waycross 14,488
South Carolina—
Florence 7.057
Florida—
Lakeland 3,719
4.406
7.647
3,473
5,919
4.647
1,180
Big Exposition Bet.
By Associated Press.
New Orleans, La., Jan. 6.—The first
big exposition bet was made here last
night when a California man and a
New Orleans man wagered $10,000
each on their respective city securing
the World’s Panama Exposition for
l»i6.
A Fatal Shooting.
By Associated Press.
Hammond, La., Jan. 6.—As a result
of both gossip and a fight Alfred Cut-
rer lies in a local hospital probably fa
tally shot, while Henry Lanier Is charg
ed with the shooting. It is said Lanier
is still In the vicinity of the shooting,
which took place near Roberts,
Loss From Fire, $200,000.
By Associated Press.
Kansas City, Mo., Jan. 6.—Fire In the
pdlcking room of the Kansas City Bolt
and Nut Works early today did dam
age estimated at more than $200,000
before being brought under control.
Big Coal Fleet.
Gallipolis, O., Jan. 6.—The second
Pittsburg coal fleet containing ap
proximately six million bushels for
Gallipolis early today. Seventeen
barges already have been sunk on
j the present run.
as suspicious persons in connection
with the escape of five prisoners
from the county jail here early this
week. The city authorities charge
that the privates visited the jail
Sunday, and one of the prisoners
who escaped and was recaptured
declared that the saws with which
a bar v.as cut were furnished by a
soldier. Those under arrest are Priv
ates Schlossberg, Lamb, Paley and
Hollander.
mSTOilY OF BIG
SUIT net IN s T
Toetccoco.
The suit under the Sherman anti
trust law to dissolve the so-called “To
bacco Trust” was Instituted in 1907
in the circuit court of the United
States for the southern district of New
York. The proceeding was b rought
by the department of justice against
more than 60 corporations and a num
ber of Individual defepdanU headed
by James B. Duke.
The process of organization ot the
combination alleged to be unlawful
spread over many years. It begran In
January, 1890. Then the first Amerl-
cah Tobacco Company was Incorporat
ed 'for the purpose. It Is alleged, of
taking over the business of five Inde
pendent cigarette plants.
In 1898, the Continental Tobacco
Company was Incorporated for the al
leged purpose of taking ovv the plug
tobacco business of the American To
bacco Company and the business of
five other plug tobacco concerns.
In 1900 the American Snuff Compa
ny was Incorporated for the alleged
purpoM of taking over the snuff l)ual‘
Explosion Wrecked
Big Power Plant
By Associated Press.
Minneapolis, Minn., Jan. 6.—An ex
plosion at 6:55 a. m., today wrecked
the East Side power plant of the Min
neapolis General Electric Company.
Two men were seriously injured. The
city is left temporarily without elec
tric current.
MOTHER AND CHILDREN
ASPHYXIATED.
Manage to Get Away a Second
1 ime Hotly Pwsued—More
Trouble is Anticipated il
Young Bandits Are Found,
By Associated Press.
Duluth, Minn., Jan. 6.—William Muz-
zary, 20 years old, and Algc/ Johnson,
bell boy and right porter, respectively,
of the Ho jl LicKay, early today held
up, robbed and shot at the night clerk.
Then they bound and gagged two other
men in the h()tel basement and escap
ed wiih $50 belong'ug to the hostel-
ery.
Both were arrested and placed on
a street car after a chase through the
Interstate idge district, and while be
ing taken back to the city, asked that
they be allowed to go inside tlie car.
The request Avas granted. One of the
youthful bandits quickly pulled a revol
ver from a pocket that had escaped
the notice of Policeman Harry Chess-
more, Avho had made the arrest, op
ened fire on the officer and killed him.
He was rhot twice in the lungs and
once in the forehead. The robbers
then held up the passengers and crew
of tbe street car and at 6:30 a. m.
made good their escape over the North
ern Pacific railioad bridge, it is be
lieved.
Up to 10 a. m. the two bandits had
evaded the police and citizens, a large
crowd of the latter tiaving joined in
the hunt. Automobiles, motorcycles
and the entire police force followed the
robbers into the saw mill district,
where the robbers are believed to be.
Out on the ice of St. l.ouls hay police
men have been .stationed to prevent
an escape into Wisconsin.
An the bandits are armed, it Is
thought (hat when th^'lr place of con
cealment is discovered there possibly
will he a revolver bat1e.
The two boys entered the hotel
about 3.45 o’clock tiiis morning. Clar
ence Stubsted, the night clerk, and
Ciiarles Frioved, the night porter,
were standing beside the desk.
“Hold up your hands.” shouted one
of the boys, pointing a revolver.
The clerk and porter thought the
boys were joking. "^1 o .show that the.v
were In earnest one of the boys flred
a shot through the floor near the desk
and the clerk and porter put their
hands ui>.
The youth then marched them Into
the dining room aud ordered them
to stand up against the large iron post
in the middle of "he room. While one
of the boys coveved the two men with
the revolver, the other hastily gather
ed some table linen and t'ed their
hands to the post above their heads.
The hoys then returned to the desk
and went through the cash register,
taking about $50 in cash and made
their escape.
The two men were later released by
a rubber from the bath parlors in the
basement and they then gave
alarm.
Bv Associated Press.
Chicago, Jan. 6.—Mrs. Virginia Horn-
tmg, and a son, Stanled, 13 years old,
and a daughter, Emily, 8 years old,
were fovmd asphyxiated today in their
home here. A rubber tube connecting
the gas main with a stove was found
disconnected.
tbe
Great Crowds to Attend Funeral.
By Associated Press.
Elkins, W. Va., Jan. C.—Hotel and
restaurant keepers here are called
upon to face a serious problem in
feeding the crowds expected tomorrow
and Sunday to attend the funeral of
the late Senator Stephen B. Elkins.
I^rge delegations of public men from
Washington and business men from
New York. Philadel])hia, who live in
their private cars and the trains on
which they arrive, but the man.v per
sonal friends, employes and i)oliticians
who will come from all parts of West
Virginia, may be compelled to go hun
gry before their return home. Senator
Elkins was an important employer of
labor and it is expected that large del
egations will be present from his per
sonal enterprises. Preparations are be
ing made to care for these people but
even the most optimistic believe it will
be impossible to feed them all.
Near Beei Bill
Comes Up in The
Senate-Other Bills
Special to The News.
Raleigh, N. C^, Jan. 6.—The bill that
passed the house yesterday prohibiting
near-beer saloons In Macon county, the
first reported as applying to the whole
state, came up In the senate today and
Senator Brown declared that there
Was an oTerwhelmlng sentiment for an
act for the whole state that this would
go to .the committee to await state
wide legislalon.
A resolution by Mr. FIrtier, of Polk,
favors New^ Orleans for the Panama
Canal Celebration.
Another br Holden, of Franklin, is to
Tatlt7 tbe 16tli amendment to tbe fed
eral oonatltutlon.
A bill proyiding a constitutional con
vention to change the constitution in
many particulars in which it is un
suited to the wants and conditions
of our people is provided in a bill of
fered in the house by Stubbs, of Mar
tin, to be voted on in the general elec
tion of 1912, and to convene in Raleigh
the first Monday in May, 1913.
Mr. Koonce, of Onslow, introduced
a joint resolution for a “court of in
quiry," composed of three from the
house and two from the senate to in
vestigate the conduct of fire insurance
companies In North Carolina.
He would Invest the commission
with all powers of a court to suramons
witnesses and require bonds.