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.

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