The State Wants f;: 1 H -' fv lr k r GOOD SCHOOLS For the Good Roads1 TODAY A PAGES , 1.1 II I I II m I I v .1. t ;?A CAROLINA HOME NEWSPAPER OP CONSTRUCTIVE IDEALS, CLEAN ND RELIABLE IN NEWSSERVICE, AND A PROMOTER OF SOUTHERN RESOURCES. FOUNDED 1869. CHARLOTTE. N. C. WEDNESDAY MORNING, FEBRUARY 23, 1921. PRICE FIVE CENTS, DAILYSEVEN CENTS,: SUNDAY t .11 mm Llffi TO GO TO Jim THURSDAY Mrs. Varner Denies Ever See ing McRary in Greensboro. ISSUES ARE AGREED UPON Taking of Testimony li Con eluded, 103 Witnesses Having Been Heard; Argument Begun. ftseslal t dtamr. GREENSBORO. Feb. . -Taking of testimony In th Varner case, be ing tried In Federal court here, u completed title afternoon, th ' is rum t be answered were agreed upon, And argument to the Jury ws be run. r.;' Examination of the last of the lit witnesses ended at I:lt p. m. today, the'eeventh day of the tiiat Thir teen of them teetifled today. Includ ing Mr. Florence C. Varner, with! Wboae eult agatnat her husband for ubelatence the trial la concerned. and Varner hlmeelf. Mrs. Varner waa put on the stand by her attorneys ana again made de nial of charges of immorality be tween her and the negro. Baxter Mc Rary. .The attorney squabbled for ! mroutea aa to what the taaues to be decided by the jury should , be. Judge James E. Boyd decide that there are three lacues, aa follows: 1. Did the defendant (Varner) 'separate himself from the piaintlft (Mra: Varner) and fall to provide her with the necessary subsistence according to his means and condition In life, aa alleged in the eomplaintT J. Did the plaintiff commit adul tery wtth R. B. McRary aa alleged in the answer? S. What sum. If any, should Ike al lowed and paid or secured to the plaintiff for her reasonable subsis tence from the estate of defendant? All Hangs On Second Issue. Is Is the second of the three issues upon which the case hanga, so stated Judge Boyd and admitted by coun sel for both sides. The attorney engaged In the lively tilt over the question whether the jury or tbv presiding; judge should Ox the. amount of "reasonable subsistence,' to case verdict is found In favor of Mrs. Varner. E- T. Cansler. foi Varner, argued that It was for the Judge to fu the amount. U there e anr. wbfls T. C. Guthrie, r. Mrs., Varner. held (bat It wsjT the 'duty of the Jury- . After tl minutes of argument Judge Boyd ruled that it is the prov ince of the Jury. .Mr. Cansler had an exception to the ruling noted. Four hours were fixed by Judge Boyd as enough time to be consum ed by the lawyera on each aide In their arguments toXhe Jury, a total of- eight hours. At first he suggest ed that three would be sufficient, but they aked tor more. A little over one hour was uaed by R. R. King, of Oreensboro, coun sel for Mrs. Varner, In the opening speech to the jury and court ad journed until tomorrow morning at i the end of his argument. i ... hniirn xnnntltutes a court " day. adjournment tomorrow after noon will not find the lawyera through with their arguments. They should be through a little te inr. Thuradav morning's sesalot ends. Following that will come the charge of the Judge and the case will probably be given to the Jury before adjournment Thursday after noon. Mra. Varner On bland. Mra. Varner waa the principal wit ness today. She waa put back 'or. the stand by her attorneys In an ef fort to refute testimony offered since she left the stand on her first ex amination. She testified that she did ccftne to Oreensboro from Lexington in the summer of 115 about the time George Petty, of Lexington, swore that he saw ber enter a house here reputed to be of 111 fame and Baxter McCrary enter It after her, but Mrs. Varner declared that she oame on a shopping and business trip. She stated that she saw Mc Rary at the Lexington depot when h started to Oreensboro but did not see him in Greenaboro or again that day. ... . Questioned aa to certain dates and (Csntlaasd en Fags BlsTsa.) TO BAR SHIPMENTS OF WAR MATERIALS FROM GERMANY TO ARGENTINE Allied Control Commissions Will Prevent Such Ship ments to Any Neutral Coun tries, Is Warning Given. LONDON, Feb. J2.-The allied control commissions in Oermany will prohibit shipments of war ma terials from Germany to Argentina or any other neutral country, If such countries pers'st in trying to buy munitions. . Th's announcement was made in British official circles here today. It was stated that despite the re ply of Argentina to the allied re minder that the Versailles treaty prohibits Oermany from manufac turing or exporting war materials, no drastic measures were needed now for enforcing the proh bit on on shipments to Argentina, but It wasi said continued efforts to ob tain the same would bring the al lied commissions to full exertion of their duties. - While it was appreciated that Argentina, like other neutrals, would apprec ate the advantage of bargains n war supplies, it was de clared this was Impossible In view of the treaty. Efforts to obtain supplies would only embarrass the allies ana uermany, ana particu larly the latter, which had enacted measures to forestall such ship ments as were reported to be pre paring for Bouth America, It was aid. :,u v.- v .7, , , , .i1 r.; f VPARTY LEADER DIES LATE WM. F. MoOOMJBH J. '- U BS DEAD AT-AGE OF 46 Former Democratic Chieftain Dies of Heart Disease. Body Brought From Green wich, Conn., to New Y6rk Home for Funeral. NEW TORK, Feb. 21. William F. McCocnbs, former chairman of the demoeraUo national committee, died at Greenwich, Conn., at T:ls o'clock today of heart disease. It was announced here today by Frederick R. Ryan, his business partner. Mr. McCombs, who directed the presidential campaign of Woodrow Wilson in 112. had. been In falling health for several year and during the last few months, his heart af fection became so serious that death was expected at any time. Mr! Ryan announced that the body will be brought to this city late today and funeral arrangements would be aanoaneed ; later, t V. McCombs. whe was in his kth year, leaTetwo- broUxrs,', g abest and Ash ton, of Hamburg. Ark and three sisters. Mrs. Corrine Hardy, of Little Rock. Ark., Mrs. Ethel Thorn- aa. and Mra Randolph Silverman. CHARLOTTE ' WOMAN A SISTER OF DECEASED Charlotte was peculiarly Interests! in the announcement yesterday of the death of William F. McCoroba because he had a sister who Is a pop ular resident of this city Mrs. Ethel Thomas, wife of W. E. Thomas, well known Charlotte business man. Mr. and Mrs. Thomas had gone to New York two or three weeks ago, when It was reported that Mr. Mc Combs was seriously 111, and had been with him most of the time since. , Presumably they were with him when the end came. In Green wich, Conn. Among messages of sympathy sent from Charlotte will be a telegram to be sent this morning to Mr. Thomas by the officials ofjths Rotary club of which he Is a member. MOORESVILLE MILL IS SUED FOR $100,000 BTATESVILLfJ, Feb. 22. A. T. Rlnehart, administrator of the es tate of 3. P. Klnahart, entered suit today at this place against the Mooresvlile Cotton Mill company, incorporated, for damages In the sum of 1 100,090 growing out of the killing of the deceased by young Hoyt Mercer, the boy under It years of age in the defendant company's mill at Mooresvlile, N. C. on Decem ber 3. 1920. , Marvin L. Rltch, of Charlotte, is the lawyer employed by the plain tiff. If this case is carried on to a finish fight it promises to become sensational. J. P. Rlnehart, who was employed In the mill, was' shot and killed on December 3, 1920, by Hoyt Mercer, a youth pt 15, also an employe of the mill. The two had words during the morning and when the boy went home to lunch he returned with h's rifle and shot Rlnehart, It is alleged. The complaint, according to Mr. Ritch, who represents the plaintiff. win cnarge mat ine mm, by em ploying a boy under 1 yeans, old during school term laws, waa re sponsible for the death of Rlnehart J0 JO SAYS Cloudy and warmer, followed by rain today; fair and colder Thurs day. . ' Is It possible for a many-sided man to be absolutely square T , .. . ; e EDWI SELECTED TO BE E Harding Completes Task Building His Cabinet of PROVIDED ALL ACCEPT Hoover Chosen for Secretary of Commerce; Hays Postmaster General; South Left Out. 8T. AUGUSTINE, FLA.. Feb. JJ. (By the Associated Press.) President-elect Harding has reached, a tentative decision on every place In his cabinet, and unless there are laat mlnute changes the official circle of he' next administration will be com posed of these men: Secretary of Bute Charles Evans lliurltea, of New York, former gov. ernor, Justice of the supreme court ana repaMican nomine lor cue presidency. Secretary of the Treasury An drew W. Mellon, of Pennsylvania, i Banker and Snaader, member or a family reputed to be among the wealthiest in the country. Secretary of WarJohn W. Weeks, or wassartimsette. former United States senator and in ItlS candi date for the presidential nomination. Attorney General Harry M. Dougherty, of Ohio, who mansard the pre-convenUoa campaign resulting u sir. uarouurs nomination. PosUnaster General Will S. Hays, iot Indiana, chairman of the republican national committee. Secretary of the Nitt-.Kdtn Ienby, of Michigan, a former mem ber of Congress who has served as an enlisted man In both the navy and nne corns. KTfUrr of the Intri toe Anwrt. a. full, of A'ew Mexioo. now a I'nH. ed Slates senator. secretary of Aatricnltnre Hmw Wallace, of Iowa, editor of farm publications. Becretarv of Onmmems fe,'tMii. Hoover, of CaUfornla, former food administrator and conspicnoms lead er in various movements for Euro pan relief. - hecretarr . of rahoi. Jmim j uavla, of Pennsylvania and Illinois, a former anion steel work who has hnoome highest oARtet of the Moose (nuernity. c. ' y . - . . IT change, are mkda luav ara m.f uaejy 10. anect tarntffT eommeree wblch are understood to h to the point pt decision within the an it noura in regard to none of theaa' h thera been an exchange of formal Invitation and acceptance, but In every case the selections made by Mr. Harding are expected by his clos- Loai associates to stand. vi uiD nmvj poniouo to Mr. Denny, who is a Detroit law yer, furnished the first real surprise. vi un um siinaaon, ror nis name has not been mentioned publicly lc connection with the place until to day. ' Considered From Firs. It Is understood that from the first he has been under consideration however, and was held in reserve for Just such a contingency as Mr. Harding faced last week when for mer Governor Frank O. Lowden.'of Illinois, declined to be considered for the navy secretaryship. It is expected that before the President-elect makes a formal tender to Mr. Denby he will call him Into consultation and go over with him the- naval problems of the coming administration. Today Mr. Harding was in communication with some of Uie Michigan members of Congress regarding the appointment and it is understood to have secured their ap proval. 5Iver since the early days of the campaign Mr. Hoover's name has been one of the storm centers of the cabinet list, many renubllrant. urging his appointment as secretary of state, interior, commerce or labor and many opposing it because of his decided stand In favor of the league of nations. , Whether he will accept the com merce portfolio la not definitely Known nere, Dut ine general expecta tion is that he will. A formal Tnvita lion Is expected to go forward within i tew noura Hoover Came First. The former food administrator Was th first national figure with shorn Mr. Harding conferred after his return to Washington from the Chicago convention last year and later Mr. Hoover came to Marlon (CMtlaoed a Pass Klevea.) CONFEREES ARE MAKING PROGRESS ON F0RDNEY EMERGENCY TARIFB BILL Reach Agreements on Dairy Products, Olives and Olive Oil; Final Action Before To day Prevented. WASHINGTON, Feb. 22. Agree ments on rates In the Fordney emer gency tariff bill on dairy products, olive oil and olives were reached to day by senate and house conferees but disputes over the wheat, sugar and tobacco talffs prevented final action until tomorrow. The rate of eight cents a pound on butter in the senate amendment was reduced by the conferees to six oents. The eenate amendments pro viding a tariff of 21 per cent on cheese, two cents per gallon on fresh milk, five cents per gallon' on cream and two cents a pound on con densed milk were adopted without change. A compromise on the olive tariff was reached by the conferees, the rates of 60 and 70 cents per gallon, according to the sixe of con tainers, being reduced to SO and 40 cents respectively. The conferees adopted the esnate amendment Imposing 26 oents per gallon on olives In solution and five cents per pound on those not In so lution, X , tirs T VAST THRONG CAN HEAR HARDING'S INAUGURAL WASHINGTON, Feb. Sl-For the Snt time, weather permitting, an 1 nan rural address H to be heard March 4. by as many peo ple as may pack themarives on the great ptasa t roattnar the cap ItoL Preaklent Hamttnftrs S nt fomul statement to his country men will be carried throughout the throng In his own voice by means of amplifiers. Even those so far away they can hardly see hi figure. In the Inauguration stand 111 hear every woxl, the corps of engineers announced today. , A room full of machinery baa been Installed beneath -the cap-" lul steps to catch and" repeat to the crowd every syllabi uttered by the new President. The an nonncentent of the telephone company installing the mechan ism said scores of engineers and workers would be on haasV to see that nothing happened to prevent fall enjoyment by the crowds of the unusual privilege of bearing as well as seeing the speaker. FORI). B. SENATE Anyway, He Is Strong ,on State Rights. Tendency Toward Civilization, Witness Women Suffrage and Volstead. BY H. E. C BRTAXT. WASHINGTON, Feb. Il-P (tentative John H. Small, Who 111 quitting the house March 4, today la med a statement that may have aa Important bearing on North Caro lina politics. - ', . It has been believed for some Ume that Mr. Small would enter the race for the United States, senate three years from now. The attitude .or Secretary Daniels has Increased the Small talk. If Mr. Daniels runs Mr. Small may make It three, and his declarations, today, are brief planks In his platform. Mr. Small thinks . that we are drifting far from base. He has repeatedly said that the prohibition and the woman suffrage amendment would tend to centralise the government In Washington. Ha now believes that the Interstate ,MommerM Commis sion decision. Jin the met case, has gona- long. way towaro aepnving "Twenty states. said he, "have united to contest In the supreme court the Jurisdiction and power of the commission to increase Intra state rates to correspond with the Interstate state rates recently ad vanced under the law by the com mission. Evidently the several states consider this a very Important question not only because it advances the lntrarates but because tne action of the commission assails the right of the states heretofore exercised to regulate Intrastate rates. "The states have probably awaken ed too late. Beginning with the de cision of the supreme court In the Shreveport case, the tendency has gradually grown in the federal courts and in the Congress to regard all railroads Within the states which Interchange traffic wtth roads out side of the state as being engaged in Interstate commerce. The supreme court will probably uphold the transportation act of 120, which vests the interstate commerce com mission with power to fix intrastate rate. "The states have been sleeping on their rights. I refer to fundamental rights. A great principle of govurn ment cannot yield to considerations of exegeiicy or popular lavur. Such a principle must be maintained In its integrity or It will lapse Into a condition of lntertla," Then Mr. Small cited a few Illus trations, among them nationwide prohibition, and woman suffrage. "However," said he, "these two matters are past history and are the supreme law of the land, and I only mention them as warnings for the future " Mr. S ru.ll ways that the only rem s ;( Hiit nurd oe Page Tin.) In reply to the American note. the Japanese government reiterates regret over uie killing or ljieutnant Langdon. ..Milton II. Smith, president of the Louisville M Nashville railroad, Is dead at the age of 85. Conferees on the Fordney tariff bill reach agreement on the dairy products, olive oil and olive rates. Dr. Charles K. Barker, of Grand Kaplds, Mich., delivers four ad dresses In Charlotte, under the aus pices of the Rotary club. An army of average strength of 116,000 -men for the next fiscal year Is approved by the senate sub-committee on military affairs. A note couched In exceedingly Arm language is dispatched by the state department to the council of the league Of nations. The senate passes the Wlnslow Mil to permit partial payment to the railroads of the government guaranty fnnd. , Harding has reached a tentative decision on every place In his cabinet and the personnel of his official family is announced,-Including Ed win 0enby, of Michigan, for secre tary of the navy. Taking or testimony In the Varner case Is concluded, the Issues agreed upon and argument begun. Mrs. Varner, on the stand, denies she ever saw McRary In Greensboro. The revenue bill Is Introduced In the lealalatae. . providing for live cents avd valorem tax for schools and graduated Income tax ranging from one to three per cent. txmgrcssraan John It. small may be a candidate for the United Suites senate In 134, says a report from Washington. V William F. McCombs, former chairman of the democratic national committee, die In Greenwich. Conn. What's the News?" U.S.NOTE CAUSES State Department Wants to Present Views on Mandates BEFORE ACTION IS TAKEN Unexpected Intervention by America Please France; New World Contact Remains. PARIS, Feb. 21. (By The Asso elated Press.) Ambassador Wal lace' notification to the council of (ha league of nations today that th state department at Washington de sired to present the views of the United States before action wa taken , on mandates, created great surprise in league circles. The gradual withdrawal of American representatives from the coun cil's commissions connected with peace activities had tended to con firm the opinion that the outgoing administration would leave all such Initiative to the new government. ' The text of Secretary Colby's note will noi be generally known until tomorrow, but his unexpected Inter vention Is learned in French circles, snd among others also, with evident satisfaction, as showing that the new world still maintains contact and to still Interested In the old world's problexna. Notification of the Imminent ar rival of the note came when "man dates" was the first question on the agenda of the council, which spent nearly the entire day In discussing the reply to the American ambassa dor's letter and exchanging views upon these mandates which it is not likely to touch, r Cornell Replies. The council's reply to Ambassa dor Wallace, signed ty Dr. Da Cunha, president of the council, ex presses the lively Interest with which the council learned ; of the communication from the. state de partment, and Its early delivery, and says that In deference to his request the council win postpone all final decisions relative to toe form of; mandates now under- discussion until receipt of the .oommnnicatioifc The sot points out (that the, toanyj nates onnne eganoa. are u of .type "AV'AM Minor,. "BMi Central Af- rtea,' ItsesscUw -that aitdatsirref hnttnt'a"mT & coWderOon toddhvtWbra f Me " United gtafSsorsrn type "C the Facinc Islands , Md position of various contested matters joentrifllji,, JjX Oennan West Africa, were decided upon two months ago and published. The mandates are as follows: ;Type "A", Great Britain manda tory over Mesopotamia and Pales tine; France over Syria and Leba non. ' Type "B", Belgium mandatory oter German East Africa; France and Groat Britain over Togolai.d and Kamemn; Great Britain over German southeast Africa. Type "C", Japan mandatory over north Pacific islands, including Tap: Australia over New Guinea; New Zealand over Samoa; Great Britain over Nauru; Union of South Africa over German southeast Africa. milium im i aMftiiAr.r vote was very close, 44 to 41, and EXCEEDINGLY FIRM j today the effort to reject the meas- , ure, on the first ballot, failed by a n.10mvmlv ,. D:vote of 81 to 44, and on the second WASHINGTON Feb. 22. (By t 4, Th b'm WM then to the Associated Press ) Equal op- tne ,enate whlch hM not acte(1 portunltles for the citizens of all of on lt et the allied and associated powers The bm a, paaKd by the house, whether members of the league ofJwouid crei,ta marketln bureau. nations or not. In former or not. In former enemy territories to be administered by the allied governments under mandates. Is insisted upon in a note dispatch ed by the state department to the council of the league, now in ses sion at Paris. The note went forward last night to Ambassador Wallace, who is to present it to the council tomorrow. Its text waa withheld, but state de partment officers described lt today as being virtually Identical with the one on the same subject sent to the British government last November by Secretary Colby. That sote was couohed in exceed ingly firm language. In lt Mr. Colby took Issue with the British position that mandate agreements . and treaties were to be considered only by states members of the league and declared that the United States as a contributor to the .com mon victory In the world war. could not consider "any of the associated powers, the smallest not less than Itself, debarred from participation in the rights and privileges secured under the mandates provided In the treaties of peace." Initiation of tlfls, the first action to be taken by the United States to the council of the league, was at the suggestion of one of the allied (LonttBM ea Tags Two.) PRESIDENT OF L & N. RAILWAY COMPANY DEAD Milton H. Smith Dies at Home in Louisville at Age of 85 Years, After Several Months' Illness. LOUISVILLE, KT., Feb. 22. Mil- ton H. Smith, president of the Louis ville & Nashville Railroad company, died at his home here today after a iieart attack. Mr. Smith had been HI for several months and his death waa not unexpected. He was 85 year old and continuously had been president of the Louisville & Nash ville since 1881. Mr. Smith waa regarded as one of the foremost railroad men of the Country and was especially well known in railroad and shipping cir cles In the south. He began his rail road career a a telegrapher In charge of the wire service in the war between the states. He is survived by a widow, two son, Sydney and Milton. H., Jr., of Louisville, and two daughters, Mra ThooSas 'J. Felder and Mr. Robin Cooper, both of Nashville. mandates very BbiUKb int. Colonel House Says This is a Question in Which the Ameri can People Should Haye Much Concern, as It is One . in Which We Have an Economic Interest. I BI CU1.. E. M. HOUSE. The council of the league of ,na J tltuj meets in Paris this week, and ; one of the important subjects upon the agenda Is that of mandates. This question Is one In which the American people should have much concern. It is not alone a new de parture In International ethics, but It Is one In which we have an econ omic Interest. In the past, backward countries generally have been controlled or exploited by some power for selfish purposes and the good that baa come from such control or exploita tion has been merely incidental thereto. These backward commu nities have been a constant source of friction between the more civil ised states friction which often times has resulted In war. . Until the Paris conference there had been no attempt to reach a general understanding or fixed pol icy between the more powerful na tions regarding the control or bet terment of such states or terrltorlea The system hitherto practiced was admittedly so bad that when the conference came to the disposition MKT BUREAU BILL IN HOUSEUAPAN REPEATS C. Legislature Hat Several Important Measures. Workingmen's Compensation Bill and Marriage Certifi cate Bill Co Through. u a COLUMBIA, Feb. S3. Washing ton's birthday was celebrated by the house without a reference to His name, but was commemorated by the disposition- la . that body of - routine matters arising;' aetween' t nd-'the of large importance.- The most Important matters dealt with were the final passage through the house of the co-operative bill sponsored by the South Carolina di vision of the American Cotton as sociation, and the Sapp measure rais ing the age of consent for women from fc) to It. The two measures and the balloting for associate Jus- tlce, occupied practically the entire morning session. There was a concerted fight on the marketing measure on second read ing last night and on its final passage through the house this morning. However, all efforts to defeat the measure failed. Last night the test I ,hll,h ni,i k.u, hrv of ih - - pervlslon of the grading and stapling of all cotton sold In the state. Of ficial cotton graders would be em ployed for this purpose, the bureau sending a grader to any place where 60 or more bales are gathered to gether. The president of the Bouth Carolina division of the American Cotton association would be made director of the bureau. To provide1 funds for the financing of the bureau and the graders, the bill authorises the levying of a tax of 25 cents upon each bale of cotton ginned In the state, this amount to be collected and turned over to the state by the gin- ners. The bill further provides for the licensing of all ginners, requir ing them to pay a fee of $1 annually upon each gin. The Sapp bill providing for an in crease In the age of consent from 14 to IS years, occasioned a storm, ranging from a criticism of the dres of the present generation to a dis cussion of female adolescence. There were various attempts to amend the measure in vital particu lars, but the majority of the house waa determined to stand behind the women's organizations sponsoring the bill. It was passed to the senate by a vote of 75 to 19. The house tonight adopted the un favorable committee report of the bill of Mr. Smith, of Richland, to make November 11 of each year a stat legal holiday In honor of the signing of the armistice In 1(18. The workingmen's compensation bill passed the senate today. The Dillon bill regulating rent waa defeated late tonight In the house. The measure provided that no I tionary force, the minister for tor landlord in a town of 10,000 m. elgn affairs In communicating th habitant or over could charge an c,!?n .of the court-martial conveys annual rental In execas of 10 pef cent of the realty occupied by him aa mown on tne auditors abstract. Hotels and roomln house were ex ritAiA whan th, fnnmt mmm n aa- I cupant of two weeks or more. Another bill which occasioned a storm of debate near the midnight hour waa the measure of Mr. Sim on hoff, of Charleston, requiring a certificate by reputable physicians from males before contracting mar riages to show that they were fret from venereal diseases. By ah overwhelming vote. the bl.l was passed. CARUSO HAS GOOD BAY. NEW TORK, Feb. 11. Enrico Caruso, seriously ill here from pleurisy and heart trouble, passed, the most avorable day since his' latest relapse, It was announced to night by his secretary, Bruno SSirato. Mrs. Caruso Is still In attendance at th bedside. -. i big subject. LtAuUb COUNCIL of the late German colonies there was a general agreement that a more enlightened policy should be Inaugurated. In furtherance Of this desire article XXII was Incorporated in the covenant of the league of na tions, and subsequently there . was AAmmtwrinn niwil r4 in- alt In I IjinAtm rinHnv tti ntmintr tif Ills for the purpose of preparing the terms of the mandates. Upon this commission were Lord Milner, who had as his adviser Lord P.obert Ce cil; M. Simon, French minister for the colonies; Viscount Chlnda, of Japan; OugHelmo MarcontS for It aly and Edward M. House, with the late George Louis Beer as adviser. Following the wishes of the al lied and associated powers as . ex pressed in article XXII, we -llvtded the mandates Into three classes. Form A was to be used for "com munities formerly belonging to the Turkish empire, where their exist ence as independent states could be recognised provisionally subject to the rendering of administrative ad vice and assistance by the manda- Osastoaed aa ho ) Represses Regret for Killing of Lieutenant Langdon. Expresses Hope That United ; States WW Appreciate in . cere Spirit of Japan. - WASHINOTON, Feb. . -Regret on the part of the Japanese govem: ment over the fatal shooting of ttettt. ' Langdon. an American ngval 'offleeTv at yudlvostot , early In January t raitsr&tfld In -th re ply fc t jhat-gernraent -t U laota The . hop . was expressed by the Japanese government "that the, gov ernment .of. the United . States will fully appreciate the sincere spirit In which i the -Japanese government has acted in dealing with this most unofrtunate Incident." The Japanese government Inform' ed the American government that I Major General Niahihara. command- tng the Japanese garrison at Vladivo stok, had been removed from the active list of the Japanese army and that various officers under tne com' man of General Nlshlhara. had been subjected to punishment of various degreea The state department made public a paraphrase of the Japanese gov ernment's reply, based on a cable gram from the American embassy at ToKio. to wnom tne communica tlon was delivered yesterday. The paraphrase follows: "A most thorough and exhaustive examination was conducted by the court-martial resulting in the re moval from the active list of the Japanese army of Major General Nlshlhara,' commanding the Japa nese garrison at Vladivostok.' The court-martial held that General Nlshlhara had been guilty of a mis interpretation of the barracks regu lations and had thus incurred pri mary responsibility for the unfortu nate Incident. Me has ' been depriv ed of the command of the garrison and of the rank of, brigade com mander, which he previously held. The barracks officer of the rank of major has been adjudged guilty of reaponsiDtnty in tne matter and sentenced to confinement for 30 days. The assistant barracks officer' and a lieutenant have both been sen tenced to a similar punishment for a period of 20 days; the company commander has been sentenced to a lesser -period. "The commander in chief of the Japanese expeditionary force In Vladivostok has paid a visit to the United States cruiser , Albany and expressed to the commanding officer of the ship his regret at the occur rence of the Incident. The sentry who nrea tne tetai snot has. been held to be excused by the order and actions of his superiors upon whom resoon si bill ty has been squarely placed and who are to be punished as above stated. The sentry, however, was found guilty of deception In hi tes. tlmony a to -the circumstances of the fatality and for this has been sentenced to confinement for 10 days. "In addition to the expressions of regret on the part of the command' er in chief of the Japanese expedl -to tn American government the ex pression of deep regret on the part of the Japanese government at the occurrence of thl aad event and expressed the hone that the soverr. mem ui ine uniiea Biatos win tuny appreciate the sincere spirit In which the Japanese government has acted In dealing with thl most un- : fortunate Incident " RUFFIN ESTATE VALUED AT HALF MILLION DOLLARS WIN8TON-8ALKM. Feb. . ll W. C. Ruffln, the wealthy cotton manu facturer, who died her last week, left ah estate of tSOO.000. according to his will, probated -today.' Th estate la to be equally divided be tween hi wif and four children. A large part la to be held In trust by executor and Invested for benefit of th hairs. ; -. - . i REVENUE BILL IES5-CEUT PROPEHTY TAX Ad Valorem Tax for Schools ProRosed In Measure. 'i 7 TAX GRADUATED INCOME1 Clans. Gathering for- Education ' and ' Censorship Batt!;4? Thomas Dixon Coming C.!ci Caariett Otniis Brs, " v . TarBOTeagh HMd. . A- m By R. J&- JPoweaV r RALEIGH. Feb. ,. IL Carrying an ad .-valorem tax of flvr cents ' on th hundred dollar for school and . a graduated Incom tojt rang ing .from one to three per. . cent, th revenue act for 121 was intro duced In th lower branch of th general assembly tonight and placed on It first reading. It anticipates a Uttio more than ten tnjilUsne of dollar for th main- during th coming year and for th support of the .educational nd charitable institutions. . - Th ad valorem tax la contrary to the hop , of th- 9bst minds". In the leglahv tur. but with. s announcement U th statement that. North Carolina cannot hold a progressiva stride without It. ? - - The jmtroductloH of , thl bin 'in th house tonight by Governor mittee this afternoon of the' 1121 f prohibition bill were the outstanding legislative developments of the day., L- Tonight th clans are gathering ror tn educational and. csnsorsnipi battle befor committees .tomor- row afternoon, and , an extra, thrill has been given th capital In the announcement that Pr. .Thomas Dixon, in response to many wires. would com back to Balelgb again tomorrow and he prepared o match 5 with CoL Isaac Mekin aad Senator R, 8. McCoin, champion of the cen sorship progranv. of the ladies. - ' ; There ! evident . much surprise ' that the flnano committee .should have incorporated . the ad valoreia tax in its revenue bill thiiv time. . Opponents ,ar making a great deal 'of ifua '-'. overt ; th 'i democratic pledge -of -lSat not, to agaJn levy . an edvterfcin -for' state purpoix Th 'proposal. toV pu.t dt-ln he t : was bitterly resisted In the commu te by Senator GJlr and Repre sentative Towntendj of Harnett, ana -the committee once back -tracked. ? At av lat meeting last night, how ever, , they t agreed to r-insert th clause carrying th property tax for state purposes, and In thlsahap th . bill cam to th house tonights - r . It. will occasion a hard flghr but, on top of th. announcement that It. I included In th revenu program. Is the statement tonight that av.vtg- . oreus fight will be mad in th sen' ate to put an ad valorem tax 1st th CAR road bill. Against this Governor Morrison has pledged the weight of . hi Influence, and It la believed h will to some degree oppose th tax : ' la th general revenue bill. A warm fight in the judiciary -: committee developed this afternoon when Representative Cooke's bill 4o harmonise the state laws with th . Volstead act was up for considera tion. After a long hearing, featured by the presence of th Rev. R. L. Davis, and a tilt between the antt saloon league superintendent and Representative Townsend. th eonv- ., mittee voted seven to one- against reporting the Mil to th hous. Th Ion member supporting th , Cook , bill wa Templeton, of Wake, who has a similar bill constituting a state constabulary. , Th Cook - measure carried fcft appropriation of $20,000 and an ex tra court tax of $80 for ch con viction, th same to be employed as a special fund for organising a (O staasd ea race Tw ARMY OF 175,000 MEN IS APPROVED BY THE V SENATE SUB-COMMITTEE Completes Report to Full Com mittee on Army Appropria tion Bill; Increase 25,000 Over House BilL : ,fj WASHINGTON. Fb. It. An army of an average screngtn 01 17S.000 for th next fiscal year was provided in appropriation approved today by th senate sub-commltte on military affairs, in completing Its report on the army appropria tion bill for presentation to-th full committee. .' Thl strength compares with aa average of 160,000 as provided for in the bill aa passed by the, house. Th bill aa reported by th senate sub-commltte prov des T,t0.00 for avtat'on compared with 14,000, 000 favored by th hous. - Of thl increase, $1 OOO.00O would be used In purchasing new plane and equipment. An increase also . waa mad for vocational training, , th total being 11,500,000 as com pared with tl.000,000 adopted by th hOUS. g 5i' ' Substantial provision 1 als mad for th national guard based on as surances, eomm tteemen said, that th guard next year would number 11S.00 wtn. , . ; , . ; -Th lH.OOO averag hi personnel. it was) explained, would mean an army only of about 11.000 at th nd of the next fiscal year aa ooro- , pared with 111.009 at th am tm it th house figure were adopted.'' .'.v,.''-,s'' Army omcar m suomuting esti mate to th aenate eommltteo bu 1 requested the. appropriation for n averag nuerical , strength of 111.- o. , .''' .:..';.'!'.)'-: . Th sub-eommltt report wl!l submitted to th full committ t -morrow. It ' t expected - th i t will be reported to the senate wi- . eut further 4layn. ..v h

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