- f . : :' ; -.: A. .; PAGES TODAY ONE SECTION VOL. XCIX-eNO. 62. WIIMIGfTO, N. C, THURSDAY MOBiaNG, NOVEMBER 23, 1916 WHOIiE OTJMBEB 39,778 CONGRA TULA Li" If " WEATHER. ll - Ctfc-v3 r'" ll . . H HUGMESWIMB' i .I TIQNS TO PRESIDENT WILSON ADAMSQN$-HOUiAW UNCONSTITUTIONAL IS JUDpE HOOK'S RULlkG Makes It Plain His Deeision'is Not Based Upon Mature Consider-1 ation of the Case. WAS MADE ON EXPEDIENCY Complied With Request ; of Coun -! sel in Missouri, Oklahoma and Gulf Railroad Suit. GOES TO HIGHEST TRIBUNAL Supreme Court Expected to Have Evidence by Saturday.. ; Kansas City, Mo., Nov. 22. The Adamson 8-hour law was held unconstitutional' here today by Juctee William C. Hook, in the United States-District Court. The jourt made it plain that the decis ion was not based on: mature con sideration of the merits of the case, but on expediency desired by all parties at interest because of necessity of a final decision by the Supreme Court -of ; the United Btates before January next, when the law goes into effect. Gregory .Set Ball Rolling. The legal moves in-: theprocess of Eending the casedlrect to; the higjhest court of the land were somewhat in volved from the law points of view, but the lawyers concerned rushed the ma$-;j ter through with ,a speed -se tiessed in courts of law. Just lust -'whatl action Attorney General Gregory would take remained a closely guarded secret, until yesterday, when Frank Hager man, retained as special , counsel - to represent the Federal "government in the suit, suddenly set the ball rolling by asking Judge Hook to instruct the re ceiver for the Missouri, Oklahoma and Gulf railroad, complainant in an in junction suit, to joint with the defend ant in proceedings which . would cur; Eign the case on its merits to the Su preme court. Today these events trans pired in court by agreement: ETents of the Day. 1-Counsel for the receivers asked that their bill for an injunction be rranted and the Adamson law be de clared null and void. .... 2 Jlr. Hagerman for the government aked the court to dismiss the bill and declare the law constitutional. ' 3 The court overruled Mr, Hagerman and declared the law invalid. i Preparation of a transcript of the evidence for presentation to the Su preme court was begun and it was ex pected that the mails would deposit copies in Washington' by Saturday. 5 Counsel for the receivers were in structed to notify counsel for all rail roads of the moves mafle here and to wvite them to join in the case before the Supreme court. Additional Tent Case. The present case, in view of Mr. Hag erman. provides all of the factors' neces sary for a test case, but it was said by ames Dunlap, of the legal staff, of the Atchison, Topeka & Santa Fe. that among lawyers there is some difference opinion on this point. He sad tliat n !me Quarters it was thought that fernaps one or two additional test cas ts should be brought to afford a wider range of inqury and analysis. : rn a iIii?souri, Oklahoma & Gulf rail a is in the hands of a receiver and e receiver could do . only as directed y Judge Hook, who has the final say the direction of the -road's affairs, jr. Dunlap said that certain addition- nne phases of the law might devel- iVn a Case whre the complaint was "dependent. Santa Fe Case Today. . case of the Santa Fe is schedul The es t- Cme up before Judge Pollock in ne uued States District court. in Kan- H to was ' Jurt,, , V, . L as lo wnat ertect, u any, nook s decision umnH havA on case. Mr. T)iinia om me -... ii paiu arrival tomorrow n4 hl aaanfiitaa h ti-ld not predict what action would he Hagerman said that he tdr nn r?onn tit - . a i ; Volviy, every question in- Santa Fe and all other rail- road? tfst"t.0 seiiiea Dy toaay s One ri,i. - i me proceedings m t'er "r,f I curt was the elimina ta,'..", brotherhood chairmen of Kan- Btate; JClenants to the action. United niMn,'. r.;strict Attorney . Wilson re- enly defendant. ' TO Wk; !,esi5A1WG' TEST ..CASE !r?tOn, Nov. 22 Attnrn.v n ral c- t he- lf th important railroad systems 6i 1 . j.'iu y were in '. conference aev- rai fiours LP -trn v. . . ' miiea 10 agree on vhich one of the many rail- . attacking the Adamson act J" made trv tv . f. 31 ta-a ana expeau- .':ision oul'reme court for an early J fcotj- 5 contitutionality. rai!.-jr, p" A,torney General and the Po'nt ,.f '.."lnsel declined t.name the jtor.H ,,1Lasreement, but , it was un thB PI,". that bth parties still ire of (en !. a test' case should b ' onPage Two. 1:1 YARDS TO Norland Philadelphia Yards to be" Equipped for Building of Capital Ships. $6,000,000.00 WILL BE SPENT Department Considering Purchasing f Jamestown Exposition-Tract for ' - . ATlatfon and - Submarine ' Training Schools. . Washington, Nov. 22. The" Navy yards at Norfolk and Philadelphia will be enlarged to permit the construction of capital-ships, it was formally an nounced by the Navy Department to day, and "it is understood that the Nor folk yard virtually will be re-built. In addition Rear Admiral Harris, chief of the bureau of yards and docks, today, told. the- House naval committee that the department was considering the T3UrCha.se of the .Ta.mfttnwn W.-rnn- BE ENLARGED thej-sition tract for the establishment of ttviaiiyn -. ana suomarme training schools. 14: is probable that the marine barracks and some other military fea ture of the Norfolk yard will be trans ferred "if this, plan is carried out. r To . Spend ?0.00O,O0O. The announcement by the Navy De partment said fhat the $6,(00,000 ap propriated, by Congress last summer for the enlargement of Navy yards wiU be spent on the INo.rfpikv Philadelphia, Charleston, BofetoW Bremerton and w1' ,be equipped with slips for the. consiruciion oi capnai snips; tne Bos ton and Bremerton yards will be . en larged to build and repair vessels not exceeding 12.00 tons: and those at Charleston andPortsmouth will be fit-, ted for' handling gunboats, destroyers, submarines and other smaller craft. Just haw the appropriation will be di vided has not been determined. When the foregoing programme has been completed the Navy will have four plants capable of turning out battle sliips, as the New York and Mare Isl and yards already are so equipped. New Project Dlscuased. The $6,000,000 available immediately represents, only a small part of the money to be spent ultimately in devel oping and enlarging the Navy's shore stations.- Rear Admiral Harris told the House committee that various new plans were being held up pending a" (Continued on Page Two.) J.S. WITH EMBEZZLEMENT Fayetteyille Lawyer Placed on ' Trial in Superior Court. Amount Involved is $6,800 of W. E. v Brady Estate, Which Has Been Made Good by the , Attor- ney'a Bonding Company ,. (Special Star Telegram.) " Fayetteville, N. C, Nov. 22. J. Sprunt Newton, a well known attorney of 4 this .city; was placed on trial in the Superior court here today on a charge of embezzlement from the estate .of W. is. Brady. Newton is charged with having, embezzled $6,800 while acting as administrator for the estate. The case -was unfinished at adjournment this afternoon. The principal witness who testified today was Mrs. W. E. Brady, .formerly of this city, now of Henderson, who" was administratrix of her husband's estate with ' Nfewton. She testified as to the S8.800 alleged to have "been en trusted to the defendant in three items of $4,000, $1,800 and $1;000. The $4;00O was borrowed by Newton and his brother,' Alex Newton, before Mr. Brady's death. The second Item was -in- the- form -of- an $1,800 ; mortgage which E. N. Williams, a negro busi ness man of' this' city, swore he' can celled with Newton. ' The $1,000 was owed the estate by -Mrs. Nancy Bullard. A. D. McKenzie, of Rowland, 'testi fied that he ? bought the land subject to the Bullard mortgage. . ' .'These amounts were recovered by Mrs. Brady from Newton's bondsmen. United Btates Fidelity & Guaranty Co. R. J. Hester, register of deeds of Bla den county, testified as - to the cancel lation of' a mortgage -by Mr. Newton In" that county. . ' Solicitor S. B. lacLean is assisted in the :pr6secution" by Davis & Sandrock, of-this city -Mr. Newton is represented bv W. H. Pace, of Raleigh . Judge W. p. Bynum, of Greensboro . Robinson & Lyon anct D". Mr Stringfleld, of Fayette- vllle. NEWTON CHARGED CAUFOllft BE DEPRIVED OF ELECTORAL VOTE? s " Secretary of State Threatens to Withhold Certificates to 13 Presidential Electors SLIGHT ERRORS ARE FOUND Suph Action Would Cause Delay, and Might Possibly Affect Mr. Wilson's Election. 71 "SUCH A PROPOSITION TOO RIDICULOUS TO DISCUSS" Fresno, Cal., Nov. 22. Chester H. Rowell, chairman of the Republican state central committee, in a state ment tonight said: "Whether there are such irregu larities in the' returns as to justify proceedings in tje .courts Is a mat ter which the state committee will have to detenyiira after- consulta tion with Chairman Willcox and the National . Committee in m New Y.ock. But certainly the insignificant er rors in two precincts discovered by Secretary of State Jordan would not justify him as an administrative of ficer in 'permanently withholding the certificates of election' of the California electors and thereby de priving California of its vote in the electoral college. Such a proposi tion is too ridiculous to discuss." Sacramento, Cal., Nov-. 22. Secretary of State Frank C. Jordan predicted that unless certain mistakes and omis sions discovered in returns of the election- from Yuba, and Orange, counties are, corrected ht will withhold the cer- tors from California. -. Should this be done there undoubted ly will be delay If hot a serious sit uation, possibly. affecting, the re-election of President Wilson, since the elec tion ..depends on, the votes.. of the 13 Presidential electors ..from California. Following is the statement issued by Jordan concerning the situation: "Secretary Jordan's' Statement "Under the provisions of Section 1313 of the political code, it is the duty of the secretary of state to compare and estimate the votes given for electors. Such comparison and estimate is to be made as soon as returns are received from all the counties in the state. "In Marysville precinct number three, 12 Democratic electors are credited with 96: votes each,' but ' tbe votes re ceived by Loren . A. Handley. Derao ( Continued on Pge Teh.) PROFITS THE CAUSE OF WAR SAYS HENRY FORD ..... Jt . i l f Take Out the Profits, and There Will be No More War, He Says. Sojourning at Asheville, the Automo bile Maker Declares He Thinks Wilson's Election Greatest Event fn History. (Special Star Telegram.) Asheville, N. C, Nov. 22. "Take the profits out of war and there will be no more wars," and "The election of Prfea- j ident Wilson is the most important event tha't ever "happened , on earth," are two of the most significant state ments made today by Henry Ford, who is spending a rest period af Asheville. Mr. Ford was interviewed while on a hike from. Grove Park Inn to the post office, a distance of two miles. . He is an inveterate walker. 1 . . "Profits are the cause of war," he declared. .. " , - . ; "Desire for profit and commercial' greed are the direct causes of the great war in Europe, where the people -are now being exploited for. the benefit of the interests as they have been in the United States before the election of the President.' I consider tnat the election of Wilson" . is the most : important event that, evef , occurred on earth." he declared. , Asked if the statement was not pret ty broad, Mr. Ford declared that it could not be . too bbad. as the election of Wilson means the dawn of a new' day. He estimated that the interests spent $75,000,000 to defeat' Mr. Wilson. Mr. Ford says he expects to see some changes In the cabinet. He declared himself as opposed tb the naval build ing programme. "Efficiency ! will some day take the place of these ships of war and great standing "armies" 'he said; "and, I'be lieye that American efficiency will ; re sult in the Invention -or devices- that will make war impossible." ". Mr.'Ford,js greatly interested in ag Coritinued' on Page Two.)" EIR TO THRONE I n b ill WAS AT BED-SIDE OF THE EMPEROR Aged Ruler of Austria Passed Away Peacefully, as Though Sinking Into Sleep;- GLOOM CAST OVER VIENNA Francis-Joseph Was World's Old est Monarch; His Life One Continuous Tragedy. Vienna, via London, Nov. 22.0- The death of Emperor Francis Joseph last night occurred at 9:05 o'clock. The end; was peaceful, the aged monarch paas'r' ing away as though sinking ihlo sleep. Among those in the death chamber at Schoenbrunn- Castle was the .heir-apparent, Archduke Charles Franci3 Joseph. Shortly after midday there, was an appreciable rise in the emperor's:: tem perature. Although the emperor, had been about early to attend to afate du ties and had eaten a lieht meal, it wai evident after two 'oclock that a crisis was approaching. About 6 o'clock-in the evening, the attending physicians were almost ready to abandon hope,i the emperor lapsing "slowly into uncon sciousness." " 'i - Developed Pneumonia "; The emperor had been suffering from a bronchial inflammation . bu. pneu-, monia developed and suddenly' reached a critical stage and from 6 o'clock-on his chances of surviving glw slim mer Baron Burian, foreign Minister; and also minister of the imperial and; royal household, was - summMed.H lft the sick chamber a llttjafter o'clock,, but hardly had retisita' ot' announced. ' The death of Francis - Joseph was known to but few people. in Vienna last night, but rumors which had been- 'in circulation during the day cast a gloom over the city. Comment, In the newspapers, voiced regret that the emperor had not been spared long enough to see the end of the war, which, according to the ac cepted view here, nobody regretted more than he. as he never tired of as suring his intimates. Life a Cdntlnnoua Tragedy. With Emperor' Francis Joseph pass es the world's oldest monarch, a, man whose life was one continuous tragedy, which was to end In the greatest trage dy of all time the present war. Fran cis Joseph was really beloved by his people who comprised half a "score of races. They found in him .the cement which held together the state structure of Austria-Hungary. To the very "last the emperor, who hadno conception of the value of mon ey spent prodigious sums in charity, never overlooking any of the many old men and women who used to come to Schoenbrunn Park to receive' alms.' De spite his tendency to spend lavishly, the emperor was exceedingly painstaking in making a note of alms, for Instance; on any" scrap of paper he had about him. He was in the constant company In la ter years of a little group of old friends who addressed him familiarly. Great Capacity for "Work, The emperor had a prodigious capac ity for work, rising generally at 4 O'clock in the morning and taking up various reports. During the progress of the war, he took the keenest inter est in the fortunes of his own and the allied armies with never-tiring zeal. He declared it was a bitter disappointment that he was not allowed by reason of his age and the solicitation of his en tourage to lead his troopsi himself. The helr-apparent, Archduke Charles Francis Joseph, assumed th guidance of state affairs automatically tonight. It is not likely that festivities of any kind will usher in his reign, certainly not through the war. HEIR TO THE AUSTRIAN THRONE MARRIED ITALIAN Rome, Nov. 22. In connection with the death of Emperor Francis Joseph attention is being called in Italy to the fact that Archduke Charles Fran cis, heir to the Austrian throne, is mar ried ,to an Italian. She was Princess ZIta, of Parma, and was brought up in Italy. PRESIDENT WILSON SENDS MESSAGE OF CONDOLENCE Washington, Nov. 22.- President Wil son today sent the following message of condolence to Emperor Karl Franz Joseph, of Austria-Hungary, upon re ceipt of word of the death of the late Emperor Francis Joseph: "I beg of your majesty and the Im perial and royal family to accept the sincerest sympathy of Mrs. Wilson and myself in the, great loss which you have sustained in. the death of your illustrious uncle for whom I enter tained sentiments of 'high esteem and regard. I also extend to your majesty the condolepce of the government and the people of the United States and convey to. you: my best wishes for your personal" well-being and prosperity." The President address the new ruler as "His Majesty Karl Franz Joseph, Emperor of Austria; King of Bohemia and Apostolic King of Hungary." At the same time Secretary Lansing instructed Ambassador Penfield at Vienna , to extend on , behalf ' of the President, government and people of (Continued on. Page Ten.) CONCEDES HIS DEFEAT 15 jintm iiiiiiwniitilmiirii'TfMiniiwi ii.n mmi jmlmi 'mm wiiliroiMiwwu iitiiiiiijnwmaBmMnwMwwi.iiiiiwi""innmi 1 ! r .fl WiWII iWiTTMiniim Willi imTnn ilinnin m im iiiiim iirianiiiinniiiii niniirnmiiiinTirnnin n ri ninii -nwironiwutMimiuuiuM M 8 LINER BRITANNIC, SERVING AS ALLIED ISPL SHIP, SUNK IN THE AEGEAN SEA More Than One Thousand Sick and Wounded British Men Are Said to Have Been Aboard, Most of Whom Are Believed to Have Been Saved Either Struck a- Mine or Was Torpedoed on Tues day Ship Belonged to White Star Line. Athens, Nov. - 22, (via London) The White Star Line steamship Brittanic; serving as a hospital ship for wounded f soldiers of the Entente Allies, has been torpedoed and sunk, according to an official announcement made here today. The Brlttanic was sunk off the Is land of Kea (Keos, southeast of Attica in . the-Aegean). She carried 1.00Q British sick and wounded men. ' The Brlttanic was equipped with, 36 life boats and the loss, of life incident to the. sinking is supposed to have been small." q LONDON REPORTS THERE WERE OVER 1,100 SURVIVORS London, Nov. 22. The hospital ship Brjtannic was sunk by a mine or tor pedo yesterday morning in the Aegean sea, according to an official statement issued here, today. It is stated there wre 1,106 survivors, of whom 28 were injured. NO AMERICAN RED CROSS MEMBERS BELIEVED ABOARD London, Nov. 22. Officials of the Am erican Red Cross said here tonight that so far as they knew no members of that organization were on board the Britannic when she was sunk. The liner Britannic, whic hbelonged to the fleet of the White Star Line be fore the war, is the third vessel of the larger type of ocean liners to be lost since the building of giant passenger carrying ships for trans-Atlantic trade began. The first was the Titanic, sunk on her maiden trip to New York by strikirfg an iceberg. Then came the sinking of the Cunard Line steamer Lusltania by a torpedo off the Irish coast. Maritime records show there are now left six of the big vessels registering over 31,000 which were plying the At lantic before the war or were at that time about ready for service. Of those six, two are owied by Germans, the Vaterland and the Imperator. The others are the Cunard liners Aquatania andf'Mauretania, the White Star Liner Olympic and the Satendam, built in England for the Holland-America Line and recently reported as having been taken over by the British government. !Nohe of these ships is now in th regular trars-Atlantjc trade, either having been laid up or dlverte'd to hos pital and transport service. According to officials of the White Star Line the Britannic was built with the idea of carrying approximately 3,000 passengers. She was the largest ves sel Of the White Star fleet afloat. Built in ,4914 at ""Belfast she was of 47,500 tons and was 852 feet long, $4 feet beam!' and 59 feet deep.. Late In Novem ber,'. 1915, it was reported that the' Brit DAYS AFTER THE ELECTION. annic was being fitted out for the Dar- danelles service, as a hospital ,vhip. DAILY NEWS' CORRESPONDENT SAYS SHIP WAS TORPEDOED " London, Nov. 22. The Daily News' Athens correspondent-sends the follow ing concerning the sinking of the Britannic: "The Britannic was torpedoed at 8 o'clock in the morning and sank near shore fifty-five minutes later. She was going to Saloniki but had no wounded on boar.d. -, "Her complement Included 121. nurs es and 390 officers and men of the army medical corps. Twenty-five of the in jured from the steamer are now in the Russian hospitals while others are aboard allied, warships. "The islanders of Zea saw the vessel sinking and the victims struggling in the waves and promptly responded to the appeals for help and an Anglo French squadron from Pireau's, com prised of destroyers and auxiliaries, immediately went to the scene. "The injuriea of some of those on board are very severe, especially the occupants of two boats which were caught by the propellers of the steam er. The women of .Zea tore up their clothing to bandage the injured. "The Britannic had 3,000 beds which had been prepared for the reception of sick and wounded an hour prior to the torpedoing." . The smallness ofhe loss of life on board of the Britannic is believed here to have been due to the steamer's mag nificent life saving equipment. She had a double bottom over five feet deep, divided in a large number of compart ments and this system extended well above her water line. The ship carried 48 of the largest sized life boats ever fitted to an ocean liner, two of them being equipped with powerful engines. They were arranged in groups of fourrieaving a large space for the marshalling of passengers in case of disaster. The davits were bull ton a new principle, so that the boats could be launched electrically on an even keel even if the ship were bad ly listing. It was also possible to launch all the "boat from one side If necessary. REPRESENTATIVES OF THE - CENTRAL POWERS .DEPART London, Nov. 22. The ministers rep resenting the Central Powers at Ath ens together with their staffs left to day for.Kavala on the Greek steamer Mykala, says a Reuter dispatch from Athens under today's date. The steamer flew at the main mast the National flags of the, diplomats on board. The departure of the ministers adds ; the dispatch, was without Incident. CONVEYS TO HIM BEST WISHES FOB SUGCESSFULTERM Says Delay in Conceding the Eleo tion Was Due to Closeness of California Vote. STATEMENT BY MR. WILLCOX Says He Has Been Informed That Complete Returns From Cali fornia Show No Change. Lakewood, N. J., Ncv. 22. Charles E. Hughes tonight sent to President Wilson a telegram congratulating him upon his re-election. In his telegram Mr. Hughes said: "Because of the closeness of the vote, I have awaited the official count in California, and now that it has been completed permit me to extend to you my congratulations upon your re-election. I desire also to express my best wishes for a successful administration." WILLCOX LEARNS VOTE IN CALIFORNIA S UNCHANGED New York, Nov. 22. William R. Willcox, chairman of the Republican National Committee, tonight issued the following statement in reference to Rr. Hughes' telegram to President Wil son: "Having conferred by telephone dur ing the day- and late this afternoon w-ith the Republican state committee and the Republican National' Commit teeman, in California, 1 am informed, that the official canvass of ths.vote has been so nearly . completed that no change will result from the tew pre cincts not-counted in the returns tnus far compiled,.' . - ''This means' that th majority: of the Wilson electors in California ranges from about 1,200 to 8,800 votes and that this is the final result of the canvasa for which we have been- waiting. So far as any re-count is concerned, the National Committee Is not advised that there are sufficient grounds to call for such an application." MR. WILSON AT A THEATRE WHEN THE TELEGRAM CAME Washington, Nov. 22. President Wilsbn was at a theatre with Mrs. Wil son when the telegram from Mr. Hughe reached the White House, and did ndt know of it until he -returned. There was no comment. Some of the hun dreds of messages of congratulation received during the past ten day6 and withheld from publication until Mr. Hughes should be heard from, probably will be given out tomorrow. i LDERS OF LARGE WAGERS BEGIN TO PAY THEM OFF. New York, Nov. '22. Holders of some of the largest wagers made In Wall Street on the Presidential election be gan paying the bets off today on the assumption that there now was no doubt President Wilson had been elect ed. Estimates of the total sum wagered in the financial district range from $3,' 000,000 to $5,000,000. Probably half was pajd within a week after election, but it was said few who placed money on Hughes still Insist their bets not be paid until President Wilson's elec tion is officially conceded. JACK LONDON, THE AUTHOR, DIES OF UREMIC POISONING Found Unconciou on Hi Ranch at Glen Elen, .Cal., Yesterday Morning Santa Rosa, Cal., Nov. 22. Jack Lon don, the author, died at his Glen Ellen, Cal., ranch near here at 7:45 o'clock tonight a victim of uremic poisoning. London was taken ill last night and was found unconscious early today by a servant who went to his room to awaken him. His condition at first alarmed his sister, Mrs. Eliza Shepard, who sum-, moned physicians from this city. It was at first believed that the author was a victim of ptomaine poisoning, but later it developed he was suffer ing a severe form of urema. Dr. J. Wilson Shields, of San Francisco, a close friend of the writer, was sum moned during the day and declared that the patient's condition was se rious. 1 From the time London was found this morning he did not regain con sciousness. About midday he seemed to rally but later suffered a relapse and sank rapidly until .the end came. Besides his sister, Mrs. Shepard, Lon don Is survived by a daughter, who i a student at the University of -California; his mother, who lives In Oak dale, Cal., and his wife, Charmion Lon don. Mrs. London was with her hus band when death came. - London would have been 41 years old on January 12. Mr. and Mrs. London recently re turned from a sojourn of several months in the Hawaiian Islands and have been living on their Glen Ellen ranch, one of the most elaborately equipped in northern California. if it 4 'f 1 1 rj.-i'1!-! mi f S II' f!fl' if: E -? f I'M! ' t;t air i. T

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