Newspapers / The Charlotte Observer (Charlotte, … / Feb. 1, 1907, edition 1 / Page 1
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suL:a;!irTioir men:', caoo mn yeah: CHARLOTTE, N. C, FRIDAY MORNING, FEBRUARY 1, 1907. PRICE FIVE CEiri, THREE J UE08 RELEASED END OP CIIAXGUS 13 NOT YET? Rumora Current. In Connection With Thaw Vhhc, That 1'urtlM Chapters May be Added to What Haw Al ren.lv Become Unprecedented Ilcir 'rd in Criminal Procedure In New ) jrk Cltr -Many Conference of it ..orneya Looking to Further Re . .-unes, Bat Thaw Counsel - Blocks - j:rioru of Jerome Friction -of Mont Apparent Character Evident Now Jurors Secured to Replace Those Released. . - New ,York.: Jan.-: II. Sensations I ' were frequent In the Thaw ihurder (rial to-day and before the two ses- , slona of court had ended three sworn , jurors had been 'released from 'further I, ' service in the case,; making : (Ive in - all summarily excused from the trial panel during: he last three days In ; ie ease of two.of toe' released Jurors no ', explanation was made, in court The third was allowed tp, go upon A f physician's ' certificate that hie ,;: life - would be imperilled by the close eon , flnemeht of jury, service. Three satis factory talesmen were found to, . ' re . place' the excused jurors, , so : vut - when: the rapidly shifting situation underwent a survey at the . close of . the day there 'were again IJt men In i ' eW'jury box,' the' same number' that had hnn wtUit at tha rlniu nf van. terdays session. Rumors ' were- cur ' rent, i to-nlKht that the . end ot vthe . Jury ' changes is not yet in sight and that further , chapters may be added to , what ha already become an wn 6 precedented record In criminal proce dure in '.'New.:vYrjk; . City.!,; ; v:.. V ; T - jmRquwa uv-fukxs hujv&vv. '' . a a... t u vv.v.v , .. a . ...... w w a attorneys Unls afternoon at which District-Attorney Jerome is said to (nave ' vigorously , urged the ' release t UU v another juror now f in '. the panel. ' Thaw's counsel, however, are said 4o " . 1 ese Vf - sswvaw VTve.y wMve vs wuw prosecuting office' in .' this direction. i ana v MlAMlra1 . avaw atrrnw -ar ' a? a as f , The i disagreement,'; - which " flTSt V' ' . berai fceuf an hour before; they after V noon- session began, waa resumed in open court at the Judge's desk twice ; Whereafter, ' and - engendered a i bitter ' feeling amona the attorneys. Here- tofore . the relations of the. district thaw's couomI' have ; ben ot the IllWUIingt simvuio,. y ea a-wve. npra wsa rnininn nx rsea .viif isit v naxj ; parent character. , -Tht first of the day's sensations came , 0 nrenedlstely after a tardy opening ( of, The morning .session.. , The delay was due to- a eonferenoo' of the at- : Itarneys wttfhi - the presiding Judge.' .. This conference had hardly got un '' der way when the rumor went out that two Jurors were to be excused. . Finally when court .opened, 'District ' Attorney - Jerome announced that it had- been uaaAlmously agreed ' t r- lleve Jurors David, a Walker and tlxnls vJlaas froin 'furtheit 7 service. - Mr. Walker, who is a son of v John . Rrtsben Walker, was number four and Mr,; Haas was number nine, on . the jury. roll. . Both are young Jmen and unmarriea. ' 'tenner coaia- oirer an, KPianauen-. lor u conrrs anion in ordering their dlsearge. DISTRICT. ATTORNEY ANORT. ' It was taken .- for granted that the . release of these two Jurors, had end- ect the" day a surprlse', v but during .the luncheon recess.: rumors-of a (further reduction in , the personnel of the' Jury were put, in circulation, and these were given color when it was learned that another earnest . conversation of .counsel with Justice ; Pltsgerald waa in progress. The name of the juror ander consideration was again discussed .. about Kno- court building. It was also stated that, he was a Juror whom Thaw and (hits counsel, had been particularly i pleased i to have on the, trial panel and that the lawyers (or .the defense would fight -to the last any effort Jo... dls- Wiarge htm. , Thaw's. attorneys had " been none to willing .to. allow ;Mssre. .". viuaer ana nui 10 pe repiacea ana It was only after a long argument by Una district ' attorney , that they con- rented In' the case of- the trnlrd-man.. Tin axtarnnon . eonrarann tn riant i was one of some warmth, for, wher District Attorney Jerome appeared In . the court room he waa visibly flush ed and walked w,lth the determined stride ot a thoroughly angry '-man. , Gfcrvan, on, an Important. errand and ' eat down pulling vlcloualy t his tabby moustache ; rMle tbe clerk bgan to call the roll of talesmen. , .Vhen no f -announcement was made ' of. further discharges from, the .Jury ; panel It was taken for-granted that v '. Mr. H&rtptlfr...n1,. th ... nthra n Thaw's counsel had won the battle . with- the district attorney.?The-ex--' amlnatlons' of the " first talesmen, V ' cAUed after the conference, were car . rlod on under circumstances Oaat in dicated feeling existed on both sides. and once a . talesman, nearly 10 years ' ' of age, whom neither side appeared oi wn, came -very -near to taxing " the oath because Mr, Jerome refused 1 to carry on the examination when ' nounsel for defense declined "to give ' Immediate .' consent to the . proposed 1 Juror's withdrawal v Thaw's attorneys also declined to examine the tales rnan, and . all challenges for cause had been withdrawn when Mr. Jerome at the last moment interposed a peremptory oneuenge . for tbe pea . , -rVTRtJITLJlSa CONTERBNCB. , - - Mr. Oarvan returned to court aft- er an absence t 4e minutes and Mr. r' Jerome called ; another t conference, f whloh was held this ttme at the Judge's desk. There was. gesUcula lon and an Indication of a lively t M Jraent, but again to no avail, ; and t regular: proceedings were , r k jToward the end of the afternoon : ewsslon a rnenenger ame from the , district attorney's office, there waa whispered conversation, with ' Jus . tlce fiUgerald and the attorneys and ', it was announced that on account of v 111 tiealth Juror number 11, Henry I. Jdelnbirger, a silk merchant, would be relieved from further service. This action was a complete surprise, and evidently bad no connection with the . earlier conferences, Mr. Kletaberger's physician : had informed the district , attorney's office of the danger of his V patient's health and ' It was : agreed ihat he should be excused. " ' . v. Two of the three new jurors dd- to the panel were secured at the Irtornlng session. They are Oscar A. pink, a salesman,' 4 .-years of age, . ' who replaced 'Mr. Walker as No. 4, ' and WUbnr a Steele, a manufac turer. Is years of age,' who replaced Mr. Haas, ae No, t. The Juror ae- cured during the' afternoon to re i place Mr. Klelnbergcr as No, 11, u Jot B. Hoi ton, (7 years of age, a : clerk. All three are marrld men, and there ie now but one bachelor on the Jury, John . Dennee, No. 10. - II I b"f't tt t- twsifi ju . . rer w4 te -- U v,iow i.vui- lnpr, but Vh .uncertainty h to the term of service of a iuror now sit ting: on the trial panel was so strong tnut predictions are all but worth less. ' , . . MAY, YIELD TO JEROME. ' It : was said to-nljtht that Thaw's attorneys might give iri'q Mr. Je- iuuio s ucijLia iodine e3ccusr,j)r one t the jurors, he'Jn iHf f.oul(l agree to the excuHlng" of a -'Juror whom the defendant does not altow gether regard with favor. This could not be verified. Tne release of so many sworn jurors has resulted in an increase of .10?! in ' ; the number of peremptory, challenges allowed each side. The defense has used 28 of its original SO and now has two left The prosecution has 20 peremptory chal lenges 'Still iat it' commands ty-' .District Attorney Jerome -announced to-day for the first time that he had decided not to make' the opening address to .the Jury. " He win turn the task over to his assistant, Francis r. uarvan, wno has naa,immeaiaie charge ot the -Thaw case ever since the - night of the roof garden tragedy, Mn anticipation Of the' important events the say . was V expecteH v W - develop the members of the Thaw famlty were early in their seats.' Mrs, -.William Thaw, mothers of , the. prisoner, came with her daughters, the , Countesa of Yarmouth and Mr. Oeorg e 1 . Carnegie and her on.3 Edward Thaw. ; Josiah Thaw and George v Carnegie : had preceded r Mrs. Thaw's party by several mlnotes.. Mrs. Evelyri Thaiw and her companion, . May MacKensle, who are usually among the first persons' to reach t the court .. room each diy, did not arrive until .W:W o'eloclc There, was a cordial- exchange of greet mgs with , the other members of - the famlly. - 'J'" . v-.j- iIRa: THAW WITH, PRISONER. , Mrs. Harry Thaw during the long con ference of . the attorneys at the end of the recess was- in the prisoner's room with her husband enjoying one of the longest chats the have had ; together since the 'trial -was 'begun. &.. . Mr. - Hartrldge declared . to-day that none of ThaVs attorneys has given out at any time 'any eutement as ; to the line of defense to be pflered. - ' , Mr. Delmaa, of counsel for ' the de feDsehad so far reooverad from hie ill ness that he appeared In court during the afatrenoon. session.- He waa warm ly 'greeted by Harry Thaw and shook hands with nun heartily. During the time . Messrs. Hartrldge,, and Gleasoe wer1 engaged " with Jerome and, the judge. Thaw spoke earnestly with Mr. DelmasiThe prlaonefe head nodded now and then as If to lend emphasis to what hs. had uttered. v ' Among the Visitors in the court room to-day. was Dr. J. T. Deemer. ot Pitts Iburf, - who formerly was the '.Thaws' family physician. . Dr. Deemnr talked with Mrs. William Thaw and 'Lawyer Gleaeon, of Thaw's .eoonsel, and said he was willing -to be a witness for Thaw, " .ONE NEW- WITNESa : A detective' from the office of District Attorney Jerome brought to this city to-day a new witness in the Thaw-case from Glenn Falls, N. Y. His .name is Warren, and he Is said to- have, seen the shooting-of White in the Madison Square roof garden. He Is not regarded as an Important witness, hut waa sum moned hi accordance with the general policy of securing all 'isslble evidence. Assistant District Attorney Marshall left for Pittsburg to-day to-investigate the record of Harrv'TbaW in that elty. There are Said to be various entrite on tne pouee . uoiiers or nitsDurs; eeninsi the young man and a transcript Of these will be sought by Mr. Marshal!. '. ;'. "i .. ...Hi., ,. . V. ' THEATRICAL- TRyST INDICTED. Alleged That S6-Called Combine Con- trola More; Than loo Theatres ' 3 Hayman and KlaW A ErlangeT Say MaUco and Motives WThioh In ; spired Suit Are Tales for Another Telling. , I, " yt" Ne York, Jaiu 11-The grand Jury1 to-day (..returned an indictment against the so-called theatrical trust. charging conspiracy and restraint of trade.'. , - The Indictment is acalnst Nixon A ammermanA- tXtftV A Erlanger Charles Frohman and Al Hayman, who Are alleged ; to consltute the trust It was handed up to Judge Poster In the Court of General Ses sions to-day. r .u ; ; .v- Abraham Erlanger and Marc Klaw appeared tn court - and were ad mitted to ball in 11,000 each. . The Indictment sets forth lh ' de tail . the acts of the .so-called ; trust and its efforts "to prevent certain theatrical enterprises - from playing in -lany l other"-( than '. independent theatres. Some of the witnesses be fore -the 'grand Jury testified, that In certain cases' the trust: compelled them to , make : contracts - with the "trust", - to do the booking of plays, charging 8S-1-I per cent ot the net receipts for the.- booking. The ' In dictment alleges that the " so-called trust controls more than five hundred of jthe ' prominent - theatres lq the country. It is. charged that In these contracts' between the theatres ' arid the members , of the "trust" - there was. a - conspiracy, in i .restraint of. trade. ( . i ,' .; The following statement was Issued by Al Hayman and Klaw A Erlanger; ' -"We -are not surprised at this - In dictment as It has been street and Uble talk for over a year. The malice and motives which inspired' It are tales for another telling and-will be subject of wonderment .-, to . the .un Initiated. - ' 1 '';-.'; "Every; business Institution:' which develops to large proportions is In danger of being denominated a "trust" and 'an indictment for being a member of a trust seems to be the badge- ot 1 sucoess pinned on success ful men by their unsuccessful com petitors. 1 It .will be not long in this fair land 'before- every successful business man will ; be indicted for being a member of a trust" . V't'.:.V POCKETED BY THE SENATE. - Alabama Legislature Fails to Endorse , President's Action In T Dismissing .' Negro-" Troops Senator "-" Moody Sharply Criticise the Chief Exe- entire. x-, r v ' r V Montgomery, " Ala Jan. MThe Bouse resolution commending freklt dent Roosevelt for discharging the ne gro soldiers for the Brownsville Inci dent was pocketed to-day by the Sen ate when It was referred for the third time to the committee on rules, with the understanding that It win stay . there. ' Before , its reference Senator : Moody made a sharp reply criticising the President for his alleg ed overthrow of the constitution on many occasions. He assailed the President 'sharply for his "unconsti tutional aid to the Panama govern ment" intimating that. Washington supported a revolution and declared there-was-grave doubt if the Presi dent had authority to discharge sol diers from the army. -s , "We go too far In' endorsing : the acta of such official," said Benator Moody v' w! ,r;'A The Two-Cent Railroad ' Rate. Lave 'Passed tn Indlanah , ; : :' " Indlanapolla Ind., Jan. II. The In diana fltnate to-day passed the Bland bill, which provides for a -two-cent railroad fare in Indiana with ho ex cps chrri allowed for failure to purchase Uvkata,. :, - lUYiNOrBCAUSXICKEYIEW TUB PRESIDENT'S USURPATION llo , Exercises ' Iinctlons Not Con f erred on Hint by Constitution--Stmator Alludes to Recent Speech of Hoot Describing Enlargement of l'cdcral Power at . Expense of ' Suites President Evidently . Made ' 'Own Santo Domingo Treaty 'and it Has Been . Practically Carried Into ( Effect Without Consulting SenAte : Intrusion on Right of Court Can-, not V be , Tolerated Lodge Makes : Brief '-Reply,' '00-0 0:',xi .'.Washington;1; "J- Jan. li. Senator Ray ner's ' address j on the expansion :of executive!" prerowtlvesi Senator Lodge's brief replyj and an extended discussion of the . administration of the public v land laws by Senator Heyburn ; constituted to-daya tipro eeedlngs 'In; tM'BtW.'i. Disclaiming any intention .' of 'as sailing'.. President j Roosevelt s and professing for him profound personal esteem, Senator. v Rayner' . addressed, the Senate at considerable length in critical , review' of jwhat ha T -. termed the president's 'usurpation of govern mental Junctions . not conferred' on him-by the constitution,. . 1 " V-'He firsts alluded to the recent speech of Secretary Booti In which was described the - gradual ' enlarge ment of Federal power at the expense of the .States. . "1 regard " this .doe trine.'!! said Mr. Rayner, 'f thu 'ran nounced, adhered to and emphasized, as a most , dangerous and, " Insidious attack on the Institutions '. of the country." He said that because these doctrines - were being constantly v Il lustrated in the" administration, of the government "they must be taken, as they were' intended to be uken, as manifesting the purpose of the pres ent administration to carry this new doctrine of constitutional 'construc tion Into execution whenever the op portunity or, emergency may arise for its exercise. ( . The President is labors Ing under the honest Impression that he Is responsible to the country for the legislation of Congress." : ff . "PRESIDENT 'MADE HIS TREATY' ' The first instance of "conflict be tween the executive and legislative functions." Mr-Rayner said,; was the Santo Domingo affair, in which he said the President has'' evidently made his own treaty." Without dis cussing whether, the treaty was right, he said, "the charge that I make la that ' he , has accomplished this in violation of the constitution. - The treaty has been practically carried Into effect without' consulting . the Senate." . . ;:?. 3''. Mr. Rayner turned his attention to the judiciary, announcing his belief that this branch of the government ought to be entirely free from execu tive interference. "It is therefore my Judgment, he added, "that, the criticism by the President of Judge Humphrey with reference to his de cision in the case khown'"Tnenenr packers', case, .in the Il1ln6ls court was uncalled for and an invasion of his-Judicial prerogatives. . . , i "We cannot tolerate such intrusion on Jthe" rights. of the courts," Con tinued Mr., Rayner. "The courts are not responsible, to any , President . of the United States tor their Judgment Adjudge would have been perfectly Justified if he had declined to submit in silence to a rebuke of the Execu tive.;. He could well with , dignified and calm defiance have proclaimed from the bench , 'I am a , sovereign here: you have no greater right to Interfere with the than I have extra Judicially -to denounce an act of yours as: usurpation. "INTRUSION" UPO THE STATES. Mr, Rayner then pronounced his disapproval ot the President for his "intrusion" upon the States,, -taking for! example the note ot the Presi dent to Governor Guild, ot Massa chusetts, In which the course of the Governor was commehded'ia refusing to Interfere in. the carrying., out of the death sentence against Charles I Tucker. "I never knew a com munication of this sort to.be sent by a 'President to 'the Governor ' of a state since the foundation of the re public". - said Mr. Rayper. "and Z deeply regret and deplore the occur-' renec" A V ,-'-, . -. While admitting that no technical violation of any provision .of the constitution was involved, Mr.. Ray ner: contended that it was a practical announcement .that the act of State officials was subject! to the approval or displeasure of the Federal gov ernment - . : . - ,. ' The most wonderful exhibit of the President's power In Congress, Mr. Rayner believed to have been at. the time of legislating for (he sea-level canal. After describing this fight he remarked, "It shows how' the domi nating spirit of the President can rids the whirlwind when he has mede up his mind to legislate,, and how In absolute defiance of the laws of na ture, - he can produce ' a senatorial vacuum beneath the sweep tot his mighty geniurv, , , i . , . The Schley case was the next toplo reviewed by Mr. . Rayner. ' He pre dieted that, the Schley ease , would yet be reopened Just as a similar - case had recently been lit another land, "Admiral Schley shall be heard," he announced. '"Living u or dead," hi cause shall be heard J have never known an injustice of this sort to have been done that the occasion did not arise to redrew It V I 'J '' 'UNWRITTEN CONSTITUTION"! ' The result of the President's con struction of his prerogatives, . Mr. Rayner said, has raised a' new. school of scribes' who had commenced -ro edit a revised edition of -the consti tution called the. ."unwritten constttn tloa" ?,v.i:'' .'v--'-. ;.;' "The - President is the " prophet a this new creed,- the messlah of - this strange hallucination." Mi-t.y,. ..,;. "But he added, "'one thing he has no right to do, and that Is to use the vast public patronage at. his disposal to compel obedience to his views. "' : "Another thing he hsa no right to do, and. that la to. make compacts with the Speaker of vthe House ot Representatives or its committees, to accomplish the -legislation that he de sires, or prevent legislation. ' And still another thing he . has' no right to do Is to Interfere with legislation snd to- force Congress either to adopt his recommendations, of If It rejects them, to bring about a breach between f,he legislative and executive departments that la detrimental t) the best Interests of the country that eon-mutes an assumption of ' dicta, torlal power which the people of thin republic. In the course of time, will not submit to, I ears not how great the acU.tvement er hew much ft may conduce ' to their progress and wel fare, or what benefit, . advantage or prosperity we may derive from its accomplishment 1 ' v , "I believe that if the ' Democratic party would take up as Its battle cry the reserved rights of the States and the Inviolate constitutional - distinc tion ot the legislative, the Judicial and the executive' departments ' that we could rally around ; the : doctrine the intelligent suffrages of our coun trymen" . , ' i ' . j LODGE REPLIES BRIEFLY. ! ' Senator Lodge replied briefly to Mr,1" Rayner, " making ; especial refer ence to the.' Maryland - Senator's al luslbn to himself as the possible biog rapher of the President,' saying ; he had ' nd v doubt that Mr. ; Rayner ; and hi associates : would be pleaed V to meet : the President's' ) biographer.: ?; Mr. 'ILodge , declared that nothing the President: had ever said had gone so far towards advocating a revolu tion of our, present governmental system as had "Mr. Bryan's declara tion for the . government . " ownership Senator Car mack said that while Mr. Bryan had expressed the opinion thai if government regulation should fall government X ownership -' ought to come, the President had said that if government regulation should . fall government ownership would have to come." Hence s! he. concluded that there v was no substantial difference between the ..'President and Mr. Bryan bn the subject of government ownership,;:1 f h;; xrJJ: ' THE , CALIFORNIA CONFERENCE. : ;.Vy,'j'',!','i : ' 1 111 v' ' ' Delegation Hopeful That This and Other .Meetings Will be Solution of Japanese Dlfllculty . Pert etly Satis ' factory to People of California. Washington, Jan, II. Representa Uve Hayea'to-dairtnade the follow ing ' additional .'statement concerning the conference' held at the 'White House yesterday between the Presi dent and members !' of his Cabinet with the California delegation: "The California delegation is pleas ed with the situation with reference to Japan as developed at the con ference. We tel very hopeful that fihe result of this conference and of others will be a solution of the Japa nese difficulty that will be perfectly satisfactory, to the people of Cali fornia." . i ii'.j: i Speaking for 'himself, Mr. Hayes said: . '-; :; "I have no' fear of any diplomatic crisis with Japan nor of any serious trouble of any kind with that na tion." .,.:.,t'i It Is stated at the War Depart ment that no reports , have been re ceived from any , source Indicating that the Japanese in: Hawaii have organised secret military organisa tions and are drilling with the view to acquiring control of Una Island. .' Regarding the appear fof the War, Denartment to.Conrress for an an- proprian6rrtocomp.ete"lHw detwae of, Hawaii, it is dented that this ap peal' has any connection whatever with the relations between Japan and the ' United States, but was simply dictated by desire i"to put the House in order" in accordance with the plans formed at least a year ago by the military and naval officers charged wltth, the duty of defending the country. ? TWENTY FEET AT NEW ORLEANS Local Weather Bureau Issues State- - ment - Aggravating Approaching Flood Situation This,' Even,' Will be Below Record. :New .Orleans, Jan, It The ap proaching flood situation . here was aggravated to-day by the announce ment of the local weather bureau that a stage ot 20 feet will be reached at New Orleans, owing to, rains of the past, .two days over the Missis sippi valley... The gauge to-day read ll.t, with the water l,whlch has reached the top of a low section of the levee in. the down town district at Canar street beginning to wash tne sand bags, which have been piled upon the levee. Even it 10 feet Is reached 'here the water 'will be a foot under previous records. : .f V. .. ' !( : To Crnisa- In Gulf and the ' West '.. Indlea. . . , - Washington, Jan.- II.-The-. naval yacht' Mayflower left the Washington Navy Yard to-day, bound for New Orleans, where she will, take on board .'Assistant Secretary Newberry and party for a cruise in the Gulf of , Mexico and the west Indies,' dur ing which the Assistant Seers tary will- make an official inspection of the naval stations at Pensacola. Key West and Ouantanemo, Cuba. The arty will start from New Orleans is latter part of , next , week, President to Speak at MrKlnley Me- . mortal lmncauon. -. Washington, Jan. ' II. President Roosevelt will deliver .an oration at the -dedication of the McKlnley me morial monument at Canton. O., the last .week In September. ' The' exact datehas not been fixed. ' The Presi dent made this promise to-day to three members of the board of trust of the monument - association " who called upon him and asked - him to deliver the oration. . They were Vice President Fairbanks, Associate Jus tice Day, of the Supreme Court and Postmaster General corteiyou, m The Rural Guard of Cuba to he In- :-.,'; -v creasea. v - l'. Washington. Jan. , II. As' a result of a conference at the White House to-day between the' President, Sec retary Taft - and Oeneral Belt chief of staff, an order has bean Issued directing an Increase of the - rural guard of Cuba from 1,000 to'19,000 men. The purpose Is' to avoid Increas ing' the-number' of American troops In the Island a originally Intended, tie native guards being more ac ceptable to. -the people. :.. '-t Investigation of New York Cotton Ex ,V changp Is necommended. , . : ' Washington. Jart. II. A eub-cora mittee of Ave members of the House committee .on inter-State and foreign eommeroe to-day decided by unani mous vote to recommend to the full commutes that a favorable, report be made on the Livingston resolution providing for sn Investigation of the New York Cotton Exchange by the Department oft Commerce and Labor. Hanfawey Docllnea Oliver' InvlUUon :y ' .. to Jola Uim, -; :;'. Columbus,. Ga, .Jan. II. B. H. Ilardaway, - upon his return . to this rlty to-day, telcgrsphed W. J. Oliver declining the offer to associate him self with' Mr.' Oliver In the Panama canal contract,?.. . , ,M,W INLAND WATERWAY BILL I ": SIM3IOXS PUSHES TI IS SENATE Measure Introduced Into tlie Upper . House by the North Carolina Senaj , tor Carries an Appropriation of ,' $704,000 and Provides for Connect ing Albemarle, Pamlico and Other i' Sounds With Beaufort Inlet The lYoject In Line With Mr. SmaU's Efforts, Wlilch Received No Recog. nltlon From the House, but Which ' - Mr. Slmiiions ' .Will Endeavor to .Have Passed by tlie . Senate 3fr. ( SmaU's Argument ,. to the Baltl more Merchants and Blanufao ' turers, '-xr yl:il,;rWk' -f Observer Bureau, ' .r,v KIT O 8treet N. W, ,. :-j ; . , Washington, Jan.;, IIf ;U ; BY W," A. HIM)EBRANl.-'p 4 Senator : Simmons has intfoduced, a bill : appropriating 1704,000 for con necting the Albermarle, PamllCo and other, sounds 'and rivers wltto Beau fort' inlets The engineers who made the. surveys under :, , the provisions which Senator Simmons had Incor porated under the last river and harbor bill, estimate that this con nection . by a 12-foot canal can be made by the "expenditure of the amount mentioned. Of course this Is a part of One much-discussed in land waterway, v, advocated by Mr. Small, and -which received no recog nition 1 from the ' House committee. Senator - Simmons Is entertaining a lively hops that something will be done for the project when the river and" harbor bill reaches , the Senate; v-Mr Small recently discussed this object ot waterways before the board of trade of . Baltimore, a body --ena has always manifested great Interest in any topic touching coastwise traffic,--Mr-Small flret called attention to the congestion of business inci dent to the lack of railroad facilities, and said: "--n "What, then, Is the obvious and wise remedy? i It Is to avail ourselves of the streams and waterways which are now navigable, and to Improve those which are not. It means open ing up our interior waterways. . It means that we s'oould again embark In a wisely conceived scheme ot In ternal Improvements, such as our fathers contemplated before the era of railroad construction began, and thus In a TOoat' natural and efficient manner relieve this congestion of traffic and afford ample convenience for Its movement WATER TRANSPORTATION IS CHEAPER. . "It is a truism to state that trans port by water is the cheapest known ment prepared by the editor of Poor's method or transportation. A state Railroad Manual shows that tine aver age receipts per ton per mile on the railroads of the country for 1904 was eight mills. For the same year the cost of movement per ton per mile through the Sault Ste. Marie canal was eight-tenths of a milt, or some tenth only of the average rate by rnMFOreaa teeeaee4e4 explain; tfhls is hardly a fair lllus- U UUUUUltUlTt DOVBUBe Ol Mil unusual weight of material passing h t,i. .n.iniv i h v. i.M,.tin. state that the average cost of move- A;' Spencer., contractor, - Wednesday ment by rail Is Ave times 7s .great 5' and Pf'octed the organisation as that by water. by electing O. A. Gray president, J. "This Is a subject which must ap- Robinson, vice president and 8. peal wHh unusual force to the busl- 8. Morris secretary and treasurer, ness men of this commercial and These, together with F. L. 8myre and manufacturing city at tine present J. A. Spencer, compose the board of time. A commission, acting under directors. The capital stock of the the authority of Congress, and at the company at present Is $5,300, but head of which wag one of your dls- will probably be Increased. The tlngulshed cttlsens,, General Felix charter authorises a capital stock of Ames, has recently made a report up- 1 100,000. The new corporation will on a project long considered and dls- begin business some time hext month cussed, the1 construction of a ship an(j wm occupy the building now canal connecting. Chesapeake bey occupied by J. A. Spencer, and Delaware river. While this ship Th Banner Harness Company, canal might not be used to any ap- WM organised yesterday under ?hi"t SSftV wnM lTU!;r0reh. tn cnMtr " th "cretary S'f'iJ!! -eTI tn .h. n" of sute- Mr- L- c- Arrowood la S o'f dtTc andtX Jf, f Holler general trade; and with the opening of this ?L "? tMJ,nrf. ?!m7o0Pn waterway I do not doubt for a mo- "t'7 .tw"I!!- J ment that, the enterprise and busl- P0"0" 11', it ness acumen of the men of Baltl- " oc,t of wh" more would hold a large part of the the charter gives permission of in trade thus augmented for your growth creasing to 125,000. la addition to and progress.. ; the manufacturing of all kinds of rjAT.mMftntn mrv.nn WATTTP tuakbporTation. The city of Baltimore haa a large buslnes with the States to the south, and ought to transact even a larger volume of trade. With the pros perous Southern 8tates on the sea board the great bulk of your traffic should be carried by water, and yet only a tithe ot It Is so moved, most of this trafflo going by rail. This Is true because the. terrors of Cape Hatteras and Diamond Shoals on the North Carolina coast prohibit coast wise navigation by small freight steamers and barges, confining the same to a few large steamships and sailing vessels. , If ne Chesapeake bey were connected with Beaufort inlet North Carolina' on the south by a protected route through the in land waters of North Carolina a free and safe highway would thus be pro vided and lines of barges and ex clusive freight steamers requiring lit tle capital would at once enter into the trade between Baltimore and Charleston, Savannah, Jacksonville Ath., flnntharn nnrtl. "I have not time to enter Into a' discussion of the waterways wnicn are contemplated and which would relieve our congested t raffia ' The at tention of the business men of the country is being constantly ' directed . this remedy, and the trend of pub lib opinion Is toward larger expendi tures for our , . Interior waterways, This Is the new transportation prob lem and this Is . the wise sola tlon" - . -.'. V'a-.- '. , . " "; It. F. HEnWIQ DIE AT AGE OF f 0 Reported to Have Influenced loula c Una Dele rat Ion to Wing Wlnnlg Votes for President Hayes In Hayes '' Tlklcn Contest In Electorial Col- lege. .' -.''-''.: i -?'.-, :lf. h New Orleans, Jan. It H. . F. Herwlg, a bradlng politloBl figure -of the Bouth during' reconstruction days, - and ' the man who te reputed to have Influanred the Louisiana delegation so as to awing the winning votes for President Hayes during the Hayes-Tllden contest la the electoral colle;e, died here to-iy, Mr. Herwlg was a former chairman of the Republican State . committee and also RepuMlcan net tonal committeeman. Mr. Harwir wea - 70 years of age and had been ill for a tlma . :;;; . , t , :i, Mother Killed . Child and ITererlf. ; Washington, Jan II. The coro ner's Jury in the case of William G. Copley, 'Who was held by the police In connection with the death of his mrA Infant rtilM Whloh Anntiv. roit fTAtn nistoi . shot weunda on Tuesday night last to-day rendered Greensboro to practice law.' Ha Is at a verdict exonerating him from any present in Washington and has not blame. This leaves tne official ver-.been in the State since his tnemor--slon'of the affair to be that Mra'abls visit here In December, when he Cnpley killed ' both ' her child - and ttritlf. HOMICIDE IN RAILROAD CAMP. Jesse Burlieon, Wealthy Saw Mill , Operator, Shoots - Man Named ; Thomas in Lattcr's Slianty, Camp , No. . South v( A Western DoUi Yancey Men, Special to The Observer, . Ashevllle, . ' Jan. ' II. Information was brought here to-day by , former Sheriff heed of line killing near' Camp No. , oh the South A Western, late yesterday afternoon of a man. named Thomas, a native ot Yancey county, Thowai wad killed by Jesse Burllson, also a, native of Yancey . county, but now' a wealthy lumberman arid saw milt .operator , In ; McDowell county. According to the information . that reached here, the killing of Thomas was:premedlUted. ' It is said that rhomas was . in ' the employ of Burli son, and that some Jealousy existed between the two men, Yesterday aft ernoon, between 4 and 8' o'clock, Burllson, It la alleged, entered tne shanty occupied r by . Thomas and, without further ado,, drew, his pistol and shot Thomas dead. , Jesse Burllson owns and operates large saw mill in McDowell county, between Marion and : Spruce r Pine. He - has been engaged in supplying cross-ties and material used In - the construction of the South A Western Railroad In that section. He Is said to be wealthy, and owns large tracts of, timber lands in both McDowell and Mitchell, counties.. t ; - KILLING IN MCDOWELL. Jesse Burllson Makes Apparently Un provoked Assault on Natt Thomas, Shooting Him to Death Posse In Search of Slayer. Special to The Observer, ' v - Marlon, -Jan.- it, News . (haa Just reached Marlon of what ap pears to be - title most unprovoked killing in the history of McDowell county.: Jesse Burllson, who runs a large saw mill In North Cole town ship, some 20 miles from Marlon, waa drunk yesterday afternoon, and, after the hands had all quit work he arm ed himself ' with a long pistol and walked Into a shanty where one of his men, Natt Thomas, of Mitchell ccunty, was and . opened fire on him, killing 'Mm Instantly. L'Halls of the tragedy are meagre. It seems that there was but one eye witness, that being a woman who was cooking at the camp. The as sault 'was unprovoked and Burllson's friends think him temporarily In sane. Sheriff Mashburn has sent a posse Into the mountain In search for the slayer, but at a late hour to-night :0f h.b,t!" h"riJZj thil success. Burllson and Thomas are both natives of Mitchell county, and came of good families. GASTON ENTERPRISES. Gaston Metal A Roofing Company and Banner Harness Company Ef- - - te Special to The Observer. i- a - a ho"VAn,.t v?, a w3 holders of the Gaston Metal A Roof- Gastonla, ! Jan, ng Company met in the office of J. uiwucm, nm tumnjr wiu uni in wagons and buggies. "CANNOT RESIST THE IMPULSE" Toledo, Oh Man, Who Pleads GuUty to Bigamy, Says Spinal Affection, Which Causes Brain Pressure, la Responsible He is Sentenced to Six Years In penitentiary, . Toledo, O.. Jan. lit. "I have a spinal affection, which causes a brain pressure, which Impels me to marry women. I cannot resist the impulse" so Albert Holden, alleged minister, who pleaded guilty to the charge ot bigamy, told Judge Barber to-day. "You are a menace to society" re plied the Judge, "and X will send you to the penitentiary for six yeara I( should have been seven years, but as you have pleaded guilty I will not be so severe upon you." It Is said that Holden has. bad about II wives and that he haa two sons under Indictment for bigamy. Holden married every time the spirit moved him. His courtships always took place during one of his revivals, and his victims were always one of those whom he had taken Into the Church. THEIR FRIENDS SURPRISED. ,-V- MM Dr. R. IL Moaogue and Mies Rosa Rhodes, of Ashevllle, Wed la the "'. Spartan ' City. -.-'. - " ';:";." ," Special to The Observer. Aahevtlle, Jan. II. Announcement Is made of the surprise marriage of Miss Rosa ' Rhodes, daughter of Mr, and Mra Henry Rhodes, formerly ot St Augustine, Fla., and now residing In Ashevllle, and Dr.. Richard Henry Monogue, a well-known veterinary surgeon of this city.- The marriage ot Miss Rhodes and Dr. Monogue oc curred in Spartanburg, 8. C, yester day, , Rev. Fanner Owyn . officiating. Announcement of the marriage waa contained In a message received by Miss Rhodes' . father yesterday, stat ing that Dr. Monogue - and Miss Rhodes were married In Spartanburg. There was no objection to the mar riage, but Dr. . Monogue and Mlsa Rhodes conceived the Idea ot giving Mr, Rhodes a surprise, and went to Spartanburg to marry. ; . .,.-. ', ,.,. i .:.?';-' Blackburn to Practice' law tn Green. , .. '-,v .boro? ;,t .VV ; , Speciai to The Observer. ' i''' .';',' " ' . Greensboro, Jan. II. It la said here that when Congressman Black- burn's terra eiptres he will return to came In connection with the Olenn- t Hackett-Dlackbum libel affair. BIO GAS ; CO. SUIT Ell 13 TllE RECEIVER ACCEPTS $1,500,03 Action Brought by G. W. Pepper, Re Jelver For Bay State Gs Co.. of Delaware, Against If. R IU)Srrs, of New York, to Recover Profits or Between $3,000,000 and $4,000,000 on Account of Sale of Boston Com- r panics Compromise ; Includes Abandonment ot Claims Against ; Rogers and in Consideration of , ; 80,000 Shares of Stock In Buffalo t fompanr Hekt by Bay State Gas Comnanv. ;:.;,.; .v.. ... .: .. . Boston,' Mass., Jan. 'ti. A com promise settlement of the ? suit of ' : -George Wharton Pepper! the receiver U ' of the Bay: state Gas Comnanv. of' w . iwii, w recover pronts ot : n between $1,000,000 and t4.ooo.ooa on J i. account of the sale of the several Boston gas companies was announc- - ed In the United States Circuit Court mis auernoon. an asrreemnt veach-. , eo oy Doth paruea was submitted to -JusUce Putnam, who, although hef ! J had stated that so far as he was con- ' ' 4' cerned "there would be no trouble, : " declined to give his formal assent te ' F satisractory . peuuon - was presented,- ,.' v m Hwuif m twr to-morrow morn--. " Ing. :,-.;:-; j,; ,; -' v--- K Under the terms of the eomnromtoe agreement, which was submitted to N the court to-day, Receiver Pepper ac- fj1? cepis an oner of ll.800.000 from Ran- S ; ft dall Morxan. treasurer of the TTnited .' uiKiiio, iwiuuuif Biwuuganwni v uie ,'. jm 1 1 1 . . . . I . . . . a.. viaiuis vi um oay Dtaie vompany r , . " u.r. nucn KIWI lu vonoia-. erauon aiso or atocK in tne Hutrain . viiivuuvb fcv -.iuui v.vuv luarn, . jur. . i' .v The aim of Rtwlvtr Pinna- n : ' w nvmi k,vl.o uoou w JUkW mvm )-l: tiuou ia ngnn. inruunn uie uia oi piuck in mi vuriDDi jaosioii wmm r.nm - . panles to Interests representing the V';.;; new junxiana uaa ana joxe uomnanv. : - while Mr. Rogers was serving as , ; trUstae Of th Rev Rttt.t Cnmnnnv It was claimed that by virtue of this :: ; UHIIWBIIIV 111, KM V- I.CL 1irTIl m UIK.I .. V, Otiat nMfltfl M.hlnl, D-aalaaa S.aaaa . ' ' contended rightfully belongs to the?v Bay State Comnanv. v. ' I. " 's.f 'i;.':i Air. wittkowsKy Teus tne King's r mTntawitsalwi WIlrei a hAtil Ta . a.MV TkAW .- t. a Organise an Association - on the ; ; spofrBoara ot Trade createa. -y; Special to The Observer. Gastonla, Jan. 11. For some time past the citlsens of King's Mountain ' - or a Duiiaing ana loan association. . Monday night Mr. Sam wittkOwsky, of Charlotte, came over and addressed a .lasge and enthusiastic audience, which resulted in the organisation of . ' an association .for King's. Mountain. . After an address on the subject by ' Mr; Wittkowsky. Rev. 3. M, Forbls." also addressed the gathering. A can vass of the audience ascertained the raot that an manv aa son anara wnmn i ! k. ,at.aaa . . - M .... a. I. M ','' 'of 12 directors would be. elected by '' i ballot and these directors should ;- men ai u earir uwe matt eiect oi- i I fleers of the association. ," ; : After the ballot was taken it was , 'found that the following gentlemen ' had been elected: C. A Dilllng. F. liy Carpenter, H. F. Peterson, H. T. Ful- . ton, R B. Hunter, N. F, Watterson,' I. B. Goforth. J. M. Patterson. W. T, i Bradford. W. A. Rldenhour. J. C. Patrick and F. L. Floyd According . to agreemenrthe directors met Tues- ; day night and elected the officers' as follows: President,' J. M. Patter- . l . .uji.ai wrrr a v. i a . A ,, un; tics presiueui, n. a. nioinnar, . : second vice nrealdent. . C. A.' Dtlllna-- sscrstarv and traaaurar. V. T. r"ar.;.-. riantae Tha nnminlttaaa war-, ' Dmn t, ' . appoinxea oy .ine present ana it is ' ; - , knn. . a. . .. .111 ka. . . ready for business at aa early date. The King's Mountain board ' of trade waa organised at a meeting in V: , ma unera tiau xnursoav . mrnt. Tna i meetinr was called . to order bv Mr. P. in. Ralrai mnA t fT1wln v AAaaM': , and board ot governors were elected : . by ballot: President O. G. Falls: " - nrsi i vice presiaeni, w. tr. ninon: . , second vice president J. M. Williams: . secretary and treasurer,- F. L.' Car- renter. Board' of governors: P.1 a; - ' axer. u. a. Dining, h. n. mobs. r. a L. Maunsy, O. W Kendrlck and W." L. Plonk. The board of trade has,'. .,; 60 members and the meetings will be ¬ held the first Thursday night In each month in the K. ot P. Halt COMMISSION TO LITTLE noCaL Third Case Heard at Macon, Ga4 Cloe- , ed All Involved RlsrrtrnJnatloa tn Freight Rates by Ralboada, -.t Macon. Ga, Jan: II. Since Moni day last the Inter-State commissioners have heard three caaea In Macon, the ' last one being closed at noon to-day. . This last case was brought by mer chants of Moultrie. Ga. against ; rail roads, and ' charged that high - rates were being, charged on delivery of goods from Western marketa . The sessions of the commission In Macon ' were those og J. J. Waxlebaum against the railroads and a ' case centering around the movement of cotton from a compress at, Union - Springs, Ala.' The commissioners left " for. Little Rock to-night ,' ;'; ;;' s - Quips anJ Cranks Dedicated to Mr. f- G, W. Watta. ;":".. - Davidson,.' Jin. fl. The . rortbeomtng volume of Quips end Cranks, the et lege annual. Is dedicated to Mr. Ueorce W. Watts, ot Durham, who has shown Mmeslt such a warm and arenarnua . friend ot the Institution. The enxravlnf 1 work Is to be done by the Electrto City j Engraving Company, of BuRalo. N. , T.. ' ana tne book w m m issuee rrem tne Queen City Publishing Company. The material la being rapidly put Into final fornv and the sketch, ilrawinxs and photogrepha are being ahlpped to their several destinations. It Is ere to pro- . mtse that the editor-ln-ehtef, T. C. Mar ehant. wilt not let the Volume slip from his hands till it Is in form t U a credit to himself and his many co adjutor. - ', : -'" ' '. Rev. William Rlack left this mornlne for Covington, Tenn., where he Is t.i assist the pastor in a protracted meet. Ing ot a weak or mere. Thomasvllle A Northeastern Railway . v r , : Company Chartered. Atlanta.' , Ga : Jan. 21. Chnrt. r were to-day granted to the Thomvi Vlllj A Northeastern Rallwav Cin pany, with headquarters at T! vllle. The authorised capital 1'T5,000. The proposed road w 60 miles long Hnd will t i Thomasvllle through Thorn si. 1 r i Colquitt and liurrein count vs. t rating at a point on the .
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 1, 1907, edition 1
1
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