VOL. IX. COLUMBUS, N. C.,' THURSDAY, MARCH, 10, 1904. . m 47. Vladivostok is . Bonn- , . barded by UFap Fleet The Russian Flank at By The War Has Been Lag ding for Past Week. But From Present In dications, there Will Be "Something Do ing" Before Long Russians are Forag ing Other News. Vladivostok, March 6. -A fleet of five Japanese battle ships and two cruisers appeared off this place at 1:25 o'clock this afternoon and bombarded the town and shore batteries for tifty-five min utes.. . . The fleet approached from the direc tion of Askold island at the east en trance of Ussurl bay, and about 32 miles southeast of Vladivostok. En termer Ussuri bay the enemy formed in line of battle, but did not approach a closer range than 5 1-3 miles. They directed their fire against the shore batteries and the town, but no damage resulted, as most of their 200 lyddite shells failed to burst. The Russian batteries, Commanded by Generals Veronetz and Artamoff did not reply, awaiting a closer ap proach of the enemy. The Japanese fire ceased at 2:20 p. m., and the enemy retired in the direction of Askold island. Simultaneously tbe torpedo boat destroyers appeared near Askold island, and two more near Cape Miadel. The Japanese 3hips were covered with Ice. The attack resulted in no loss to the Russians, but cost the, enemy 200,000 roubles ($100,000) in ammunition. Most of the projectiles were s'.x and twelve inch shells. The population of Vladivostok was warned this morning of the presence on the horizon of a hostile fleet, and the prospect of an attack during the day, but it remained tranquil. .lap Threaten R a Mia a Flaak. Vladivostok, March 6. The 2,500 Japanese troops who landed at Plaksin bay (on the east coast of northern Ko rea), are advancing toward Mussan (218 miles from Gensan), with the intention of ultimately reaching Hun Chun (on the left bank of the Tumen river, about 100 miles west of Vladivostok), and threatening the Russian flank. In order to checkmate this move the Russian outpost", 1,500 strong, which recently crossed the Tumen is advanc ing to occupy Koyryong, on the Tumen river, a walled city commanding the trails along which the Japanese must pass. ' , '-,'. The naval mobilization foreshadowed in these dispatches was partially decid ed upon to-day. Three eastern provin ces of European Russia, Tyatka, Perm and Ufa are included in the plan, the purpose stated being the strengthening ot the crews on the Pacific squadron. -The Czar Troubled. St. Petersburg, March 4. The czar and czarina are in a deplorable state of mind because of the war. The "czar is almost constantly praying and sending offerings to famous shrines. Some fear his mind may give away He upbraids his ministers for the present condition of.affalrs. The czarina remains in her own apartment. She thinks the trouble is due to her, because she abandoned the Protestant faith in order to marry the ' czar. - ' ' V Munitions of war and men are being forwarded to the Far East as rapidly as expected, and the concenration at Har bin is much larger than was supposed. Raacia Plaa Decisive Mare. St. Petersburg. March .Russia's Port Arthur fleet is preparing to make a decisive move under Admiral Makar off. Torpedo boats will play an import ant oart. An imDe rial summons has , , - ( j , , been issued for. reserve men, military and naval, for six weeks training, thu planning for the entire Russian annj's mobilizing. - Ha..iaa Strategy. London, March 1 4. Tt is rumored that Ts ened Japs NO DIRGE IS DOIIE the Russians contemplate an early re treat from Port Arthur and Liaotung Peninsula! Kuropatkin'i? and Alexieff's headquarters will be at Mukden. This might be a master stroke of strategy, compelling the Japanese to fight inland far from their base of supplies. Quiet at Vladivostok. Vladivostok, March 4. All quiet) No Japanese ships have beeu seen since Feb ruary 25, when ten were sighted. "The ice Is still thick and the cold severe. The inhabitants are fast leaving for the interior. '.-' ," Japanese Loose Reported. Paris, March 4. A. St. Petersburg dispatch says that since February 25 the Japanese fleet at Port Arthur lost six cruisers and live torpedo boat destroy ers.,. "- ' ' '.-V;; Altea.pt ta Kill minister. Tokio, March 4. An unsuccessful at tempt was made to kill the Corean min ister who signed a protocol with Japan. Y Success af the Japanese . New York. March - 4 The Japanese have been so successful in Manchuria, according to a statement published in the London Morning Post, as to guard against the possibility of Russia again assuming a dominant attitude in that por tion of the Chinese territory ; also in the clause in original concession .under which China was to have to purchase the entire Russian i ail way and its stock after a term of years and this may be brought into play. ranch Basiaa Safferiag. Washington March 2. Information was received in j Washington, today from a Far Eastern source that the Jap anese have decided not to attack Port Arthur with a view of investing It for two weeks. The Japanese land forces will not be ready before. In the mean time the Japanese fleet will continue to bombard the fortifications from a safe distance, to annoy and ware .out the Russians. , . - Brigands Active. . Berlin march 2. A dispatch from St. Petersburg says there is a vast amount of suffering among the Russian troops on the way to the Far East; scarcity of food. The soldiers are given dry por ridge and weak tea. In all resting places soldiers, try to sell their, clothing to buy intoxicants and drunkenness re sults.- Many are frozen to death. "I :; --' ;. Kassiaas jr Ilepert. -. Yinko w, ; March 2.--BHganu cj2 former soldiers have banded together in the hills. Five hundred armed with rifles attacked the Russian outposts at Paleiheotze, near where there , is a Russian garrison, The Russians suffer; ed a loss of 42 killed and wounded out of 50. The brigands lost 87, including 6 Japanese. Later Russian reinforce ments came and burned the village. Several accidents happened to the Russians laying mines at the entrance to the harbor here as. the river tide runs swiftly. y , l'art Arthur. St. Petersburg, March 2. Russian officials deny that" fighting took place at Port Arthur on February 29 or March 1, as hurricanes made the bar bor approach impossible. LeaTiag Vladirestack. , London, March 2. A Vladivosjtock dispatch (undated) states that the town is nearly deserted. The military ele ment predominates. and great quanti ties of ammunition are arriving. - The Chinese peaceful. y ''''':v::yr-:A Shanghai,' March 2. It is reported that the Japanese will build a Seoul Wiju railway, ignoring the powers pro test. Russian Revolution f ntpeadiag Berlin March 2. According to dis patches to the daily Rundschan, Russia is on the verge of revolution. Peas ants are plundering and murdering land owners' and martial law has been proclaimed in 71 provinces. Constantinople, March 2. There is no hope of the Russian Black Sea fleet Dassiner the Dardanelles. The Porte would use force and arms to prevent any such attempts. St. Petersburg, March 2. As no news was received here , today it is thought that a great battle is raging near Port Arthur. Washington, March 2. Japanese in formation here says that the attacK on Port Arthur peninsular will not take place for a fortnight, y Japs Secure Coatrol af Wires. ' , Shanghai, March 2. Confidential in formation received here from an officia source at Tokio states that the Japan ese have suceoded in gaining possession oftfietlussian telegraph line to Vladi vestok, thus cutting of the portr from (Continued on 4th page.) ON THE f IGRO PROBLED Governor Aycock Says North Caro lina Has Solved Negro Problem v THE 15TI1 AMEnDLIEriTS 70nU Let Him ' "Tote His Own Skillet" and Quit Making Him "The . White Man's Burden. . I am proud of my State moreover, be cause there we have solved the negro problem which recently seems to have given you ?ome trouble. We have tak en him out of politics and have thereby secured good government under any party and laid foundations for the future development of both races. We have secured peace and rendered prosperity. I am inclined to give to you our solution of this problem. ' It is first, as far as possible, under the fifteenth amend ment to disfranchise him; after that let him alone, quit writing about him, making him .."the white man's burden," let him "tote his own skillet:1' quit coddling him, let him learn that no man, no race ever got anything worth the having that he did not himself earn; that character is the outcome of sacri fice and worth is the result of toil; that whatever his future may be the present has in it for him nothing that is not the product of industry, thrift, obedience to law, and uprightness. That he cannot, by reason of council or ' league accom plish anything; that can do much by workj that violence may gratify his passions, that be may eat rarely of the cooking of equality, but he will always find when he does that "there is death in the pot." Let the negro learn once for all that there is unending separa tion of the races; that the two people may develop side by side to the fullest, but they cannot intermingle. Let the white man determine that no man shall by act, or thought, or speech, cross this line and the race problem will be at an end. These things ars not in enmity to the negro, but in regard to him. He constitutes one-third of the population of my State: he has, always been my personal friend; as a lawyer I have of ten defended him, but there flows in my veins the blood of the dominant race; that race that has .conquered the earth and seeks out the mysteries of heights and depths. If manifest destiny lead to the seizure of Panama, it Is certain that it likewise leads to the dominance of the Caucasian. W ognliea this fact, wq shall have peace and good will between the races, but I id pot have the white people forget their duty to the ne. t ek the truth i'trnd pursue ite owe an obligation to "the man in black;'! we brought him here; he served us well; heis patient and teachable; we owe him gratitude; above all, we owe him jus tice. We cannot forget his fidelity and we ought not to magnify his faults; we can not change his color, neither can we ignore his service. No; individual ever "rose on stepping stone of dead' others "to higher thlnsg," and no peo ple can. We must rie by ourselves, we must execute judgment in righteous ness; we must educate not only our selves, but see to it that the negro has an opportunity for education. As a white man, I am afratd of but one thing for my race, and that is,' that we shall become afraid to , give tne negro a chance. The first duty of every man is to develop himself to the uttermost and the only limitation upon the duty is that he shall take pains to . see that in his own development he does no ' injustice to those beneath him. This" is true of races as well as of individuals. Con sidered properly, it is not a limitation, but a condition of development; the white man in the South can never, at tain to his fullest growth until he does absolute' justice to the negro race. If he ie doing this now, it i.i well for him. If he is not doing it, he must seek to know the ways of ' truth and pursue them. My own opinion is,: that, so far we have done well and that the future holds no menace for us if we do the duty which lies next to us, training. developing the coming generation so that the problems wnicn seem dimcuit to us shall be easy to them. We have a great country, great in material wealth, great in the v strength of its people, great in the opportunity to make manifest I that strength in the works of righteousness. , Our greatness shall grow as individuals of the nation. irrow in virtue: our greatness sna u wane as men fall below the standard of truth. Governor Aycock at Baltimore. Betting On Cleveland. - New lYork, March 4- Frank A. O Donell, president of the v tax commission, and ex-Mayor Van Wyck, each made abet of $200 - against $1,000 that ex Presiden Cleveland will be renominated by the St Louis convention. Mr. Van Wyck be $100 to $1,000 that Cley eland will be nomi nated and sleeted! TS ARE EXPENSIVE Good Things for Lawyers, but not ; Always for Contestants f.'OODY GUDCEiTcOHTEST FEE Thomas Settle Comes in for Some , Sharp Criticism About Con , . duct of the Matter. ..-Washington, D. C, Marcii '5. That Congressional contests are a good thing "for lawyers, but cot always for the con testants, Is well illustrated by the Moody Gudger contest.. Few . cases have come up to. Congress in recent years having ess foundation in fact than had this And yet the lawyers for the contestant (Moody) got no less than four thousand dollars for making it. ? r Of this amount the government paid the usual two thousand, Moody paying fifteen hundred of it to his attorneys be- bre hls death, and Mrs. Moody paying five hundred more soon thereafter. - Some months later Mr. Settle, one of Mr.t' Moody's attorneys, went to her bone in Waydesvilie and by certain representations Secured t fro thousand more from her to carry on the case. This amount has ' never been returned by Mr. Settle, nor, it is alleged, has any part Of it ever been paid to his associa te, CoL Lusk, who is quoted as saying t was not needed nor used . in the case. : However that may be friends of Mrs. Mcody are now making an effort to have Congress reimburse her the two thou sand dollars, and at least one gentleman who feels that she has been treated bad y in the matter,' has been here this week to consult the North Carolina de- egation as to what steps should be ta ken to that end. 1 -; ' It is further said by those who are in possession of the facts that the incident wijl destroy any political prospects that Mr. Settle may have had in that district. CONG. J. H. GUDGER WRITES Deprecaates the Fact That Other Aspirants Have Been Referred to in Discussion of Con gressional Contest Mr. Editor: .-- Io the discussion on the question of an availableliHanias Democratic can didate for Congress, I am very sorry hui any reference"' tending to criticise any other asnirant or other person, has been made. S oc'h does uoteUuviy- uij approval."""" My candidacy mu&t rest on my own merits, and my course as a rep resentative. If I am entitled to an en dorsement, and a renomlnation, . let the good people of this district say so at the primaries "The aspirants and other parties mentioned are worthy, popular men, and my personal friends. Let not friend be arrayed against friend: let no bitterness or strife be engendered, but on" the contrary let harmony and good feeding prevail. The people at the pri miries'will settle the matter rightly, and all will be content. March 4, 1904. J. M. Gudger, Jr. THE ANTI-JUG LAW DEFINED. Tire Supreme Court Holds That U nder the Act of 1903 the Place of Delivery is the Place of ; . Sale. " The Supreme Conrt this evem ng de scribed the most important" case known as the. ,anti-jng law" case, that of Pat terson, from Durham, in which Pat terson, of Roxboro, was Indicted for sending whiskey, to one Guess at ' Dur ham. : The point was whether this was a sale at Roxboro or at Durham. , . The court below decided in Patterson favor. The k. Supreme . Court, Chief Justice Clark delivering the opinion and Jus tice Douglas dissenting, reversed this opinion and decided that the place of delivery is the place of sale under sec tion 2, chapter 349, acts of 1903, which explicity says that the place of actual delivery to the buyer or to which liquor shall be shipped for delivery to him, shall be construed to be the place of sale. ' . ' " - It was contended that this provision was not effective because s this section is in the statute entitled van act ? to prohibit the manufacture, sale and im portation of liquors in Cleveland, Ca. barrus, Mitchell and Gaston counties-' The'Supreme Court says that . formerly the caption of an act was not at all con sidered to any extent whatever in con struing it, but. the modern doctrine is that when the language of, a statute is ambiguous the courts can resort to the title as aid in giving such act its true CORTES To Keep "IHIands; Of f of the Suffrage Law meaning, but that this cannot be done where the language used is clear and unambiguous. This provision is posi tive in its character and its operation cannot be restrained "by any reference to the title. In the section of this chapter other than 1 and 2 there is no reference to the place in which the act is to be operative and , hence by. ref eis ence to the title they are to be applied only to the four counties therin named. Section 2 is specially made operative n the counties therein named and -is to take effect at a different date and sec tion 2 is made operative as -to the sale of any spirituous or intoxicating liquors anywhere in the State and as to them he title cannot be used , to restrict or extend the meaning of the explicit, dear and. unambiguous lenguage used. It is further objected that if the stat ute has this meaning it is unconstitu tional, but no section is cited which orbids the law makings power to des ignate the place of sale when goods are shipped by vendor or by common car rier. The courts have held that the place of sale is where goods are deliver ed to the carrier, the latter being the agent of the vendor, but this rule is comparatively modern, is not uniform y held, and is subject to many excep tions. It is merely a - rule of judicial construction, made in the absence of egislation, and is not protected by any constitutional form of legislative power to change it. Especially canthe Legis- ature change such, rule in the exercise of its police power over the sale of in toxicating liquors, when, as here, it can be readily seen that with the multipli cation of common carriers &ud the speed and ease with which intoxicating liquors can be shipped, it would be a vain thing to prohibit the sale of liquor in any disignated territory- if vendors a short distance off can, at will, fill orders com ing from within the prohibited territo ry. Upon the specia verdict Defendant Patterson is adjudged guilty. Ralei?h Dispatch. 2ND SCHOOL APPORTIONMENT Second Hundred Thousand Dollars Now Ready. The Department of Public Tnstruc tion lias completed, with the exception of one county, the apportionment of the second one himdre'd'.thQ'usan'ddollara appropriated by the State to increase th v school term in every county to four montns.- Fifty-eight counties are. on the-listva&.r'i'n:w.iX.C; The warrants have beeit-IiSasit to all counties which have complied with the regulations regarding the distribution of the-fund. Amounts for counties in this section, apportioned, .1904, from second ; hun dredhousand dollars for a four months' school term:' Clay $ 354.56 Graham., .. . Henderson . Jackson,... .. . . 424.00 . . 232.29 ...1.580-16 - Macon. ' l,232.08i Madison.. .. 724.65 McDowell. 1,864.32 Mitchell ; : 2,560.56 Polk.... 769.08 Rutherford. ., .; 3,042 92 "Transvlvania ............... 819.38 Yancey 1,434.01 The total for entire State . 7 $89,944.10 8 KIL1B ; SEVERAL ARE HURT In the Collapse of Darlington " Hotel in New York. - New York March 2. Eight; persons are 'known to be dead three or more fa tally injured ten are missing', some of whom are probably buried in the ruins, and more were seriously hurt in the col lapse of the Hotel v Darlington, an arirttnent house in course of construc tion at Forty-sixth street this after noon. . Four of the persons killed were- work menemployed on the building. . The other two were killed in the extension dining room of the Hotel Pate irsori, Forty-seventh street, which was crusV ed by the falling iron and brick. The accident is thought to have been caused by a load of cement on the ninth flour. Owing to the lightness of construction, the work was ordered ;L stopped ; by , the city several days ago, and plans (. to strengthen the frame work had bern made. Warrants have been issued for the arrest of the contractors In the Hotel Patterson dining room, Mrs. Frank Storrs, wife of the million are, and a waiter were killed, and the wife of the Rev. Jklinot Savage and sev eral other guests had narrow escapes. House Republieans Show Dis position to Lei Southern ; Pontes Alone. DEMOCRATS PLEASED Committee on Contest ed Election Cases to Send to the House the ixcpuns m me iNortn Carolina South Caro lina and California : Cases all on Same Day. Washington, March 4. Chairman Mann said to-day that the ' sub-commit tee had not as yet submitted its report in writing in the Gudger contested elec won case, and probably would dispense with this formality as the committee had already taken a vote. . Mr. Mann thought the report, when completed, would in all probability be transmitted direct to the House. It is said to be the purpose of the committee to send to the House the reports In three cases, that from North Carol ina, South Caro lina and California, all on the same day, and ask for an immediate vote, as in each instance there is a unanimous re port in favor of the contestee. The chairman of the committee wishes to avoid any discussion whatsoever, and will bide his time until a favorable op portunity arises to present the reports and have them adopted. The case from South Carolina, in which Representa tive Lever is the contestee, involves the negro suffrage question in a very direct manner, and a report is to the effect that Chairman Mann fears that some of the Crumpackers . of - the House may make the decision of the committee in this case the pretext for precipitating a ereheral debate on the run issna. Tt. nKiea pointed out tbajthe report on these contested. election cases, from the" Carollnas are very significant, and the effect will k& cf vast' concern to the South. It iaVltoowliK!l ;Wjt thou-" sands of negroes sought to vote- Rgalnst Mr Lever, and yet the committee -has' decided in his favor," the report being in effect a. disclaimer of authority to regulate Southern suffrage laws. The report establishes a precedent which is greatly pleasing to Democrats, some of whom think the House may be very close after the next election,; Should such a condition as this arise Republi cans could easily, as has been done be fore, oust a few Southern Democrats in order to secure a good working majori ty if no precedent stood In the way. .While the House - Republicans have shown a disposition to let Southerners work out their own political salvation, significance is also attached to a recent decision of the Supreme Court, aslndi cating that that tribunal is similarly minded. ; In- the Alabama and : Other cases the court has thrown the cases out on some technicality, claiming the lack' of jurisdiction,, until there is a robust suspicion that these' eminent jurists are very glad of a pretext to avoid the di rect issue. Any way, this is the opin ion of the House member who suggest ed the facts that have just been recited. Observer. H A COLONEL M'NAMEE RESIGNS As Manager of the Famous Bilt ' . " more Estate. .' Asheville, March 4. It was officially announced to-night . that : Col. , Charles McNamee had resigned as manager of George W. Vandetbilifamous Biltmore estate; that Ckl. ; McKamee would in a short time leave forthe West to look out for his own as well as Mr. Vander bilt's interests there, and that the Bilt more estate weuld be conducted by the various ' heads of departments until Mr. and Mrs. Vanderbilt's return from France, when the lord of iBiltmore would give his personal attention to his vast estate near the city. Mr. AicNamee came to -Ashevllle :frbm ew York about 15 years ago, undertook r the per sonal managemeht' r of Vanderbilt,8 affairs at Biltmore, : and has been In : active control there ever since.