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SUBSCRIPTION PElOE: ?8.00 PER YKAR.
CHARLOTTE, N. C, THURSDAY MORNING, MARCH 14, 1907.
PRICE FIVE CENTS.
ln,A Mi; L !i
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JEROME MAY CLOSE TO-DAY
ONLY A HALF SESSION OF COURT
vf;; i tv !; , . : r...i- '''O'S
' District Attorney Consumed Most of
' Time in Bluer Denunciation of
' Thaw and Evelyn Nesblt in Argu.
' in . Question of 'Admissibility of
Abraham HummelAdjournment
Taken , to Allow Ddmas Time , to
Frame Reply to Jerome and Latter
opportunity or twmpieung iiypo
u ' tbetical Question Material rolnt in
A Case.- Sara the District Attorney, la
Whether ? or Not Evelyn Nesblt
f luln by Stanford White -Believed
' End of Trial la Still 19 ,Days or
Two Weeks Away, -t v? ,V ?
New" York, Marca - 13.After t a
ifCcmfalni -eslonf;:'otocupl6d almost '. en
pjg tlrely by District Attorney Jerome, In
Ci a, bitter 'denunciation '.of, the defend-fM-'ant
.andhls wife, . the trial of Harry
-i " K. Thaw tori ti murder of Stanford
;'; White was adjourned shortly ater 12
11 o'clock to-day until to-morrow. The
' ; prosecuting , attorney found his op
''', pottunlty to attack Thaw and Evelyn
C'... -Nesblt in arguing on the question , of
the-admissibility of the testimony
-whloh Abraham Hummel the lawyer,
v'. ' who Is under tndlctnient. for suborna
' tlon of perjury in the Dodge-Morse
divorce case, has to offer. It was to
enable Delphip M. Del mas, leading,
1 counsel for the defense, to consult
)a authorities and frame a reply to Mr.
Jerome and also to allow the latter
an opportunity of completing the
: hypothetical question which he is to
: ' put to his experts that the early ad
journment was ordered. . Mr. Jerome
said he hopes to close the rebuttal for
' - the people to-morrow evening.
WHAT HUMMEL WOULD SWEAR.
During his argument to-day the
district attorney took on for the first
time since the case began a sustained
oratorical tone. He asserted that
Hummel would awear Evelyn Nesblt
told him three days after her return
from Europe in 108 that Thaw -had
beaten her cruelly because she would
not sign papers he had prepared,
falsely accusing Stanford White of
having drugged and betrayed her.
Mr. Jerome contended that she had
told much more, that Thaw seemed
bent upon putting Stanford White In
the penitentiary, that the statement
that White had betrayed her Was not
true, that Stanford White had never
harmed her; and that Thaw was con
sumed with rage when she refused
to sign and swear to the papers con
taining "lies against Stanford White,"
"These things were put Into the
form of an affidavit," declared Mr.
Jerome, "and that affldavt was sub
scribed to by Evelyn Nesblt when she
knew what she was doing and what
the paper contained.
"We want to show that the girl
who told this remarkable story here
on the witness stand swore at another
time, under the solemnity of an oath,
that naked -stripped absolutely
naked eh had endured the lashings
and beatings of this defendant rather
than swear to his false statements
that Stanford White had drugged and
w ruined her."
TRUTH OP STORY THE POINT.
Mr. Jerome argued that the ma
terial point of the case Is whether or
not Evelyn Nesblt told Thaw
the story of her alleged
. ruin by Stanford White. With
out that story In evidence, he de
clared, the reason for the defendant's
alleged insanity disappears. The
prosecutor plainly admitted the Im
portance of young Mrs. Thaw's testi
mony, and said he washed by Hum
mel's testimony to show her own re
pudiation of the charges which on
the witness stand- ehe renewed
against White.
"Thus," he concluded, "the Jury
may infer from her own statements
after her return from Europe In 1903
whether or not she had within two
months of that time told this de
fendaat the things she said she did."
Mr. Delmss objected to Hummel as
a witness on the ground that his tes
timony had to do with the truth or
falsity of Mrs. Thaw's narration and
was not permissible under the rules
of evidence. He will proceed with his
argument to-morrow. Mr. Jerome's
contention is that while he may not
. attack the truth or falsity of Mrs.
Thaw's statement that she was be
trayed by White he can attack the
truth of her assertion that she told
the story to Thaw at the time she
Bays she did.
HUMMEL EVADES DELMAS.
Mr. Delmag first sought to-day to
interrupt Hummel's testimony by
showing that he was acting as Eve
lyn Nesblt's legal adviser and coun
sel when she made certain statements
to him. Hummel evaded this, how
ever by saying he was acting solely
as White's counsel and no legal ac
tion had been contemplated in behalf
of Miss Nesblt. He said he was paid
yearly retainer by Stanford White
and could-not say exactly what he
charged the architect for drawing up
the affidavit. Asked If It was 11,000
he burst Into laughter and said ab
solutely it was not He Anally placed
the charge at "one hundred dollars
about"
When Evelyn Nesblt Thaw was on
(he witness stand she said Stanford
White came to see her one evening
In 1208 and aaked her what she had
told Hummel about him, adding that
"Abe Hummel has Just squeezed 21.
000 out of me, and the Lord only
knows how soon he will squeeie an
other." r Young Mrs. Thaw's -testimony re-
uiuitii waa 10 ine ei-
fect that Stanford White had taken
.her to Hummel's office after telling
' her "lots of horrid things about
Harry," and that she had told Hum
, mel about her trip through Lurope
- with Thaw. She said: "Mr. Hum
mel then dictated a lot of things to
T' m m,m mmA nut I n ut. it.
TUtf ffhaw which wasn't true at all."
1 DENIED 8IONINO ANY PAPER.
She denied signing any paper in
numrael's office, but admitted having
having signed some papers later in
White's studio. She claimed she did
not know what the papers were.
Sometime afterwards she says ehe de
manded that White show her the pa
pers. She was taken to Hummel's
office and there a .paper bearing her
signature was shown her and -burned.
She was not allowed to see it
she - clared.
Almost since the beginning of the
trial District Attorney Jerome has
been trying to put In evidence a
photographic copy of the affidavit
It developed yesterday that the copy
'was made by the same photographer
who had been employed by. Stanford
' White to make "The Tired Butterfly"
I and other pictures of the Nesbtt girl.
I ; Mr. Jerome continues quite optl
.tnlstie about bringing the taking of
.testimony to a close this Week, but
others) who have followed the trial
'ttellev that the" end ts arUII JO days
'ft tw weeks away. .-. - ; , ,; , ;
FATAL RISE OF ' DEER CREEK.
irclght Train 'of Fve Cars Crashes
Through Bridge Near Ilarmarsvllle,
Pa., Killing Three of Crew.
Pittsburg, Pa., March 1 8," Three
men drowned, a railroad bridge wash
ed away, a county bridge in danger
of following the railroad bridge into
fhel Alleghaney" river ' and an , engine
and five freight cars In the water are
the first results of the rapid rise dur
ing . the night of Deer creek, near
Harmarsville, Pa., on the West Penn
Railroad.U-:v''&,;
X The dead:''4;:v?3:v;Wi'jtf "
: J B, M1KESSELL, englaeel Alle
gheny. sv:'Wi i-:-:t
W. J. CANT WELL, fireman, Dar
lington, Pa;'-'r-; mm iih---''"'
J.; M. JOHNS, brakeman, Freftport,
About i: M o'clock this iaora.Ing a
freight train ieastbound, . entered on
the - bridge, but had , not got further
than ; the second!; pier,- when . , It? sud
denly gave way Before the engineer,
fireman of a brakeman onHhe front
part of the train could realize what
had happened; the bridge went down,
carrying the engine, trainmen and five
freight, cars with ltU So great, too,
was the force" of the current that one
of the five- freight cars, heavily load
ed, , was carried down tha-creek a
distance of over a quarter of a mile
before "1U progress waa" stayed. , The
fireman, engineer and brakeman were
immediately dragged into the roar
ing current and drowned. ;
THERE IS NO TAINTED MONET.
President of George Waahlaton Uni
versity Says Wrong Conduct of
Holder Does Not Attach to Coin.
Washington. March il. "There is
no such thing aa tainted money," de
clared Dr. Charles W. Needham, pres
ident of George . Washington Univer
sity, in an address before the students
of that institution- to-day. The uni
versity ia making a campaign for a
larger scope in American education
and has raised moqa than $120,000 lo
cally toward the purchase of a $400,
000 alte for the new building. 'What
is it that taints money V aska Presi
dent Needham. in announcing the uni
versity's attitude on the subject "I
know what some people say about it
They say that the wrong conduct of a
holder , attaches to, the money and the
money Is thereafter unfit for service.
"Human conduct in acquiring money
does not attach to or mix in the coin,
nor lessen, nor weakens the promise
to pay upon the bank note. ' There Is
always the question of ownership. The
man who gives must own It But
there Is no such thing aa tainted
money. Good moral money that Is,
coin of full weight and live promise
to pay good coin. Is good anywhere,
In any man's hand. Truth takes no
passing shadow to itself.' and money
cannot become impregnated by the
deeds of passing users. Having this
View of good money, I will accept it
from any man who owns it"
BRYAN TALKS OP HAIUUMAN
Just Now Moat Interesting Phase of
Railroad Situation Affecting Gov
ernment Ownership is Refusal of
People to Lend Money Freely.
Blnghampton, N. Y., March 1$. A
representative of The Associated Press
to-day asked William J. Bryan, on his
arrival here to fill a lecture engage
ment what effect the Harximan and
other Investigations would have on
the agitation In favor of government
ownership or management of rail
roads. He replied:- "The most In
teresting phase of the situation Just
now is the refusal of the people to
lend money freely to the railroads.
The railroad managers say that this
Is due to hostile legislation, but this
Is a mistake. There has been no hos
tile legislation of sufficient severity to
impair the real value of railroad se
curities where the railroads have been
honestl" conducted upon an honest
capitalisation.
"If the Investing publlo is alarmed
It Is because the railroad managers
hi" a vain effort to terrorise the Legis
latures have carried matters too far.
If any other answer is needed for the
hesitancy on the part of Investors the
investigations furnish It, for the in
quiries have shown to what extent
railroads stocks have been watered.
But what Is the alternative. Must
the government refuse to investigate
the rotten management for fear the
mismanaged railroad no longer will
be able to fool the public Into buying
inflated securities? The sooner the
railroads are put on an honest basis
the more secure will the Investing
public feel."
MOVE FOR COMBINATION FAILS.
Southern lee Exchange in Convention
at Atlanta Will Not Raise Price or
Fix Cnlform Rates.
Atlanta, Ga,, March 18. The prop
osition considered by the Southern Ice
Exchange at Its annual convention
here to-day to form a combination for
the benefit of the trade In the South
ern States, was defeated, and no effort
will be made, according to the de
cision, to raise prices or fix uniform
rates. The reasons which brought
this decision was that legislation and
public sentiment are too strong against
combinations in the South;- that cond
tlons affecting manufacture vary too
much in different communities, and
what would be a reasonable price In
one place, would be too low In an
other; end that manufacturers refus
ing to enter the combination, would
make It Impossible to maintain prices.
The anti-trust legislation In the South
era States waa discussed at length and
severely criticised, although Its ef
fectiveness was tacitly admitted by the
aotlon of the exchange to-day. The
convention will conclude its sessions
to-morrow.
James Speyer, of the banking firm
of Speyer A Co., of New York, was
also at the White House, and talked
with the President Secretaries Root
and Cortelyou returned to the White
House this evening and again con
ferred with . the Preeldent-" Chair
man Knapp, of the .Inter-State com
merce commission, and Commissioner
Lane of that body, participated In the
conference. Those who participated
declined to discuss the conference.
Opinion Handed 'Down In Old Nick
Williams Case.
Special to The Observer.
- Richmond, Va., March It. The
United States Circuit Court of Appeals
reconvened this morning: at 10
o'clock, with Judgee Ooff. Prttchard
and Waddlll In attendance.
The court handed - down Its opin
ion In the following North Carolina
case: ' " .,sv . . i.t' ', '
Old Kick Williams Company, plain
till la error,-petitioner vs. the United
States, defendant In error, respondent
In error to the Circuit Court at
Greensboro, N. C.I upon a petition
to settle bin of exception! cause oon
Scoatlnued , , , .
M0BE TIME- GIVEN BAKES
THE MONEY SITUATION YET BAD
Secretary ' of Treasury Will . Not at
; Present Fix Date For Return of
; ' 930,000,000 Additional Deposit
: v Placed In -r Depositary- Banks, Se
cured by State, Municipal and Rail
road BondsBesides saying He Is
Keeping Close Watch on Financial
Situation In New York, the Becre
tary Refused to ' Indicate : Further
r Fluns -Visits of Six of Cabinet to
White House May Have Had to do:
With Action, j
.Washington. , March 13. Tha Beo-i
retary, of- the Treasury to-day an
nounced that the $310,000,000 which
was deposited In the national banks
the 'last of September to be returned
about the : beginning of February 1st,
will not be called for at present ' Be
yond saplng that he was keeping close
watch -on the financial situation in
New Yorjt, Secretary Cortelyou would
not Indicate what his further plans
wcre.: - - -'
The official statement of Secretary
Cortelyou la as follows:
"The Secretary of the Treasury an
nounced this atternoon that it IS not
his Intention to tlx at proseht a date
.i which the thirty millions addi
tional deposits piaceu with existing
depositary banks, secured by State,
municipal and railroad . bonds, under
the terms of the press announcement
of Sept. 27, 1806, shall be returned
to the Treasury."
On Oct Z2nd last the Secretary of
the Treasury authorized national
banks that had government bonds on
deposit to secure public deposits to
substitute for the government bonds.
State and municipal bonds provided
they would use the government bonds
so released to Increase their circula
tion. Eighteen million dollars was
Axed as the limit of this increase.
The Secretary provided, however, that
this Increased circulation must be re
duced at the rate or three million a
month beginning on the 1st of March.
In view of the money situation in New
York Secretary Cortelyou thinks it is
unwise to compel a compliance with
this order and therefore has stated
that the banks that took advantage
of this offer of Oct. $2nd, may retain
their increased circulation provided
they substitute certain bonds, which
he names for the State and muni
cipals they now have on deposit The
bonds authorized to be substituted are
governments, Philippines, Panamas
and Hawaiian bonds.
The presence at the White House
to-day of six members of the Cabinet
who called within a few minutes of
each other, gave rise to considerable
speculation regarding the purport of
their conference with the President.
The impression gained ground that It
was a special meeting of the Presi
dent's advisers consider some ques
tion of moment, but none of those
present would admit that his call
simultaneously with that of the ethers
Was anything more than a coinci
dence. It is known, however, that
some of the cabinet officers were sent
for by the President, and in view of
the statement Issued later In the day
to-Beorataxj ' Cortelypa it la. Relieved
that the conference at least with some
of his advisers had to do with the
financial situation In New York.
Those who saw the President were
Secretaries Cortelyou, Taft Metcalf,
and Straus and Attorney Ueneral
Bonaparte. Later Secretary iwoot
spent some time with him.
CANTON, O., BANKER A SUICIDE.
Has Been Remorse and Secmnlgly
Weighed Dnvn by Some Trouble
for DaysKnown Throughout Stato
as Breeder and Buyer of High Class
Sheep.
Canton, O., March IS. Horace G.
McDowell, president of the Farmers'
Bank of Canton, nhot and killed him
self at his country home, five miles
north of the city, this- morning. He
waa known throughout Ohio as a
breeder and buyer of high class sheep.
Mr. McDowell had been rtfmorse
and seemingly weighed down by some
trouble for some days. He had been
suffering from an attack of the grippe.
' Aside from this ailment there Is not
at this time known any cause for the
suicide except that it is said Mr. Mc
Dowell may have had some personal
financial matter worrying him. It Is
not thought the bank of which he Is
preeldent Is involved.
MoDowell was one of the men who
put up a strong fight against the pro
posed State bank Inspection law be
fore the Ohio Legislature. He had
personal counsel employed for that
purpose and Hon. James A. Rice, of
this city, was given a hearing by the
legislative commute in arguments for
his client against the bill.
The Farmers' Bank closed to the
publlo to-day. A card on the door
reads: "This bank is closed on account
of the death of H. G. McDowell, pres
ident" 70 PER CENT BILL" OPPOSED
Brief Submitted to Insurance Investi-
gating Committee of Tennessee
Lrgifdature by Former President
Cleveland.
Nashville Tenn., March 1$. Former
President Grover Cleveland has sub
mitted to tha insurance Investigating
committee of the Tennessee Assembly,
a brief in opposition to what Is known
as the "70 per cent bill" now pending
before the committee, which requires
that life Insurance companies operat
ing In Tennessee Invest 70 per cent
of thelf reserve -fund of Tennessee
policies in Tennessee securities. Mr.
Cleveland calls attention to recent in
surance disclosures and says:
. "It seems to be quite apparent that
If the best legislative results are to be
reached by safeguarding all the In
terests in any related to life Insurance
those who make our laws should be
free from all vindictive feeling and
misleading prejudice and duly guard
ed against a dangerous disregard of
safe and conservative business rules.
"We cannot escape the proof of the
existence and activity - of anti-State
sentiment It is not well for us to
forget, that though this sentiment Is
to an extent one of the manifestations
oc the restlessness and reckless Impulse
of out times. It is none the less dan
gerous and that it certainly gains
new converts with every new occasion
for discontent" - . )
SeJxed Rifled Released,
lfanarua. Kitiri U.mIi ii .
The American steamer City of. para,
having on board 1,000 rifles for
Amapla, Honduras, was recently over-
nauiea ny a wicaraguan gunboat,
which seised tha rifles. The steamer
was permitted to proceed to her des
tination.; t . 4
.i V " s ? f
Ut A Fatal Railroad Accident,"
" Orsnae. TexV Mareft 12. In a col
lision between, two trains en the Gulf,
Sablae East Texas Railroad, near
fields. lailast nlcht Thomaa Ilawltv
and William Mass were killed, and
serea other mea were injured,
ACCORDING TO THE 8. C. CASE
;. '-..J .; ' ' ' '
Immigration Authorities Reach This
. Decision a .to New Law After Sev-
, eral Conferences in Which the Pres
ident Has Participated. ,.
Washington. March 1$. Informa
tion reoeived to-day renders .it - clear
that the immigration authorities, as
one result of the several conferences
recently held. In which the President,
Secretary Straus, - Attorney General
Bpnaparte, Commissioner of Immigra
tion Sargent and prominent men of
she South have participated, win in
terpret" the existing immigration law
aa it wasvlnterpreted , in . the . South
Carolina case. - The Attorney General
has held that the Immigrants landed
at; Charleston;' fcV JC..1 last' November
are legally in this country. They were
Sauced to come to, America by au
orlzed agents of the state of South
Carolina and the passage money- oi
some at least of them was paid by the
Bute, and of others by contributions
by citizens. . .
Several other Southern States have
decided to seek Immigration along the
same lines as were followed by South
Carolina and it is understood they will
not be Interfered with In the carrying
out of their plans, prior to the 1st
of next July, on which date the act of
February 10, 107, will beoome ef
fective. In other words, such Immi
grants as present themselves to ports
of this country before July 1st next
under conditions the same as sur
rounded those who arrived at Charles
ton, S. C, last November will be per
mitted to land.
Meantime, Attorney General Bona
parte will examine carefully the new
Immigration law and will prepare an
Interpretation of it tor the guidance
of the administration and of the
Southern States. It Is quite certain
that the States, under the new law,
will be permitted to advertise the ad
vantages to Immigrants of locating
within their borders, but whether the
State authorities are to be permitted
to go to the extent of furnishing Im
migrants with transportation to this
country is yet problematical.
It la the opinion of Attorney Gener
al Bonaparte that they will be permit
ted to do so, but he expects further
to examine the law In the light of the
decisions of the courts, and render to
the President a formal opinion on the
subject before the law shall become
effective.
FAVOR GOVERNMENT CONTROL.
Bryan, Says This Desire of Railroad
Manager to Escape State Legisla
tion Contradicts President's Theory.
Buffalo, N. Y.. March II. The
Times to-day published the following:
"William J. Bryan spent an hour here
en route from Beaver, Pa., to Bing
bamton, this morning. He was met
by National Committeeman Norman
E. Mack, who remained with him until
his departure for Bingham ton at 8:15
on the Erie express.
- "A Times reporter asked Mr. Bryan:
What is your opinion of the proposed
conference between President Roose
velt and the raTirofffpTWMtmtsr
"Mr. Bryan replied: The Republi
can leaders object to the doctrine:
'With the consent of the governed'
In the Philippines, but some of them
seem to think that nothing can be
done In the regulation of railroads
without ihe consent, of the railroad
managers. The Important part of that
announcement, however, Is that the
railroad managers want the super
vision of the railroads transferred to
the Federal government that they
may avoid State legislation, and this
contradicts the President's theory that
the corporations favor State tights as
a means of avoiding Federal control.
"The great corporations would much
rather risk control by Congress, which
Is far away from sen people than by
State Legislatures, which are close to
the people."
KISSED HEM OF DOWIE'S SHROUD
Young Woman Suffering From Loco
motor Ataxia, Attempts to Walk,
Failing Down Flight of Stairs and
Receiving Serious Injuries But One
of Many Who Thronged House.
Chicago, March 1$. Rachael Fish
er, 20 years of age, was seriously In
jured to-day In the crowd of people
who thronged around the bier of John
Alexander Dowle at Zlon City, In the
hope of being cured of their ailments
by touching the hem of his shroud.
Miss Fisher, who Is suffering from
locomotor ataxia, kissed the hem of
the shroud and then Informed , her
father, who carried her into the room,
that she could walk. She pushed htm
away, and attempted to descend a
flight of steps leading to the outer
air. She fell oa the top step and
rolled to the bottom, where she was
picked up unconscious, and seriously
bruised about the head and body.
She was only one of many who
thronged Into the house during the
day. All of them sought relief from
their ailments by touching the hem
of the shroud.
NINE BURIED BENEATH ROCK,
One Laborer Killed and Eight Injured
in 'Cave-in In Pennsylvania Railroad
Station Excavation.
New York, March 18. One man
killed and eight Injured, some of them
seriously, by a cave-in of rock in the
Pennsylvania Railroad station excava
tion early to-day. The dead man was
Giuseppe Saslo, a laborer. Saslo and
his gang had been ordered to clear
away the shale and deoris torn up by
two heavy blasts. They were loading
the material on cars for removal
down the tramway to the river when
an enormous boulder, loosened by the
shot, gave way and fell, carrying with
It a mass of broken stone and dirt
Nina laborers were burled. All save
Saslo were alive when, they were dug
out He had been caught under the
heavy boulder and crushed to death.
'I I Mil II ,
A Negro College Burned.
Athens. Ala., March 18. Trinity
CoMege, a school for negroes, located
here and owned by the Congregational
Society of New York, was destroyed by
fire late to-day. The building wss
three stories high and of modern de
sign. The loss is sevsral thousand
dollars. A city ordinance prohibits
the rebuilding of the school in the
elty limits , ,. , ,
' Funeral of Ex-Senator Pugh. .
Eufaula, Ala., r March A 1 8. People
from all sections of Barbour county
and elsewhere in . Alabam, gathered
Hera to-day ta pay their tribute to the
tats ex-Senator James, L. Pugh. Jhe
funeral services took place at St
Episcopal charon and were conducted
by Rev. Bertram Brown, of Eufaula,
assisted by Dr. Beard, of Birmingham.
The remains war lateued la FsinrUw
Cemetery;. ; -,..-- Vi;v,.'i
UNFAIB DEAL PBEDICTED
PRESIDENT NOT WITH THE SOUTH
It is Hinted That He WW Appoint
Labor Agitators to the Immigration
Commission Instead of Naming Men
: Identified- With the Booth's Manu
facturing InterceU Hint of m Del
icate Situation as Regards Uhe Mat
ter of Immigrants Despite the Con
: structlon of the Law by the Admin--.
tetratlon The Conference Between
r the Pre Id cut , and the Southern
Gentlemen Some . Asking ' Why
Southern Representatives Did Not
- Interpret Law for Themselves, - -
if Observer Bureau,
; , 1417 O Street, N. W.,
. Washington, March 18.
' The President has not yet appointed
the three men he was delegated to
appoint upon the immigration com
mission. It seems likely from facts
learned to-day that he will not ap
point , anybody acquainted with
Southern conditions or anybody who
is in line with the spirit of the new
movement in the South. On the con
trary, it looks as if he expects to ap
point on the commission some of the
most radical of labor agitators, who
will represent nelther the manufac
turer, nor the people at large, nor
the laboring men, but who will rep
resent that radical element of our
society which - seems to be seeking
only discontent This will be exceed
ingly disappointing to those who have
been trying to get the President to
work in harmony with the Industrial
forces of the South and with those
who have been endeavoring to bring
into the South a holiday class of citi
zens and laborers.
SOUTHERNERS HOODWINKED T
There is a feeling among those who
were In conference with the President
over the Immigration situation last
night-.ihat certain of the Southern
Senators and Representatives who al
lowed the ,new immigration Jaw to
be passed without strong opposition
were "hoodoed" by the President or
by some of those who spoke for the
President Talking on the subject
to-day one of the principal South
ers Representatives at that conference
said that it woul be exceedingly dif
ficult for the Attorney General to con
struct the new law so that It will
not Interfere with the bringing of Im
migrants to fill up the waste labor
fields of the South.
It will be remembered that when
the bill was In the Senate and Sen
ators Tillman, of South Carolina, and
Bacon, of Georgia, held it up, and
there was a feeling among Southern
Senators that the bill. If enacted
would Interfere with the Immigration
movement In the South. Senator
Overman went to two members of the
President's cabinet, Garfield and
Taft who assured him that there was
nothing In the new law materially
different from the present law. Up
on this assurance Senators Overman,
Sim mora and bther Southern Senators
voted (or the passage of the bill.
THE LAUGUAGE PLAIN.
But the Xraestton being 'asked by
those who have been looking into
the law since and have conferred with
the President and other officials here
Is why did not Senator Overman,
Senator Simmons and the rest read
the bill for themselves and do their
own Interpreting. The language Is as
clear as the nose on one's face and
Senator Lodge declared that It was
Intended to prevent corporations, so
cieties and so forth from paying the
way of immigrants Into this country.
For It Is argued, however, Attorney
General Bonaparte and the President
may construe the law, rt must final
ly be determined, not by the admin
istration, but by the courts.
Senator Overman was at the White
House to-day and had a talk with
the President The President again
assured him that the plans of the
Southern Immigration societies and so
forth would not be nterferred with.
WAITINO ON MR. BONAPARTE.
The Attorney General of the United
States, Mr. Charles J. Bonaparte, has
not yet construed the new Immigra
tion law, which goes Into effect July
1 of this year, but In the conference
at the White House yesterday, In
which the President asked Mr. Bona
parte to explain certain passages of
the new. law to ex-Governor Heyward,
president of the Southern Immigration
Society, and to Col. Watson, the com
missioner of immigration, whose ac
tions were in question, there was a
strong Intimation of what construc
tion the Department of Justice, speak
ing for the President, would put upon
this law. The excitement throughout
the South about this Isw was caused
by a wholly erroneous statement sent
out by The Associated Press to the ef
fect that the Attorney General had
already construed this law and con
strued It to mean that a State can do
nothing more than advertise, that It
rannot, for Instance, pay the fares of
Immigrants it may wis to bring to
this country. The Attorney General
made no such construction, but Im
migration societies have been holding
meetings, Governors, commissioners,
United States Senators and others
have been giving out statements as to
the situation, all predicated upon the
theory that such a construction had
been put upon the new law by the
Attorney General; and Cain has been
profusely raised in many places. It
was this erroneous statement which
caused all the racket. But what would
have caused -the racket would have
been the new law Itself, If It had been
printed, without any Interpretation be
ing put upon it by the Attorney Gen
eral, every man being Ma own Inter
preter. Here Is that portion of th law,
which would have caused the trouble:
TROUBLOUS PORTION.
Section 2, That the following
elasses-of aliens shall be excluded
from admission Into the United States:
All Idiots, Imbeciles, etc., and on down
for a half a page till we come to
this: "Any person whose ticket or
passage -has been paid for with the
money of another, or who Is assisted
by others to come, unless it is affirma
tively and satisfactorily shown that
each person does not belong to ons of
the foregoing classes, and that said
ticket or passage was not paid for by
any corporation, association, society,
municipality, or foreign government,
either directly or Indirectly, etc"
1 Therein the whole trouble lies.
Commissioner Watson, of South Car
olina, hss been going to Europe and
bringing in immigrants, paying for
their passsge .on the steamers with
money furnished him by soma "corpo
ration, association, society, munici
pality ' or foreign . government, either
directly or indirectly," and Other
States In- tha South, following tha ex
ample of South Carolina have been
planning to do tha same thing. ,
NOT.W PRESENT ACT.' '
"The above passage la not In "the
present law, which, as said above, wUl
be In effect till July 1. In the present
law the pasaaga reads thus: "Any
person whose , ticket or passage , is
paid for with the money of another,
or who Is assisted by others to come,
unless It Is affirmatively shown that
such person does not belong to one of
the foregoing excluded classes." And
right there It stops;' there Is nothing
said about corporations, associations,
societies and so forth. That la the
way the present law reads and under
It CommlsslonerVWatson brought in
his Immigrants, 'Using money furnish'
vd him by an association, society or
something like that. Solicitor Earle,
of the Department of Commerce and
Labor, construed the law as it reads
In that passage to mean that Commis
sioner Watson's actions were within
it Attorney General Bonaparte was
asked If the lmmlgrarts brought in
under it came In lawfully, or whether
they would have to be deported back
to Bremen. Attorney General Bona
parte said yes, they had come in law
fully and that they could not-be de
ported back to Bremen. But Attorney
General also observed before he got
through giving his opinion as to that
that if this ,new law had been In force
then the immigrants would all have to
be deported back to Bremen. Why7
Simply because of the peculiar cir
cumstances under which they came In.
COL. WATSON SATISFIED.
And yet, in spite of that, the At
torney General explained the matter
to Commissioner Watson yesterday,
and the explanation was so satisfac
tory that Col. Watson took the next
steamer for Bremen and will proceed
to bring In a whole steamer full of
other Immigrants. And he Is "satis
fied" not only with the present law,
but he is "satisfied" with the new law,
whloh -he announces, after the con
fereone with the President and the
Attorney General, that his operations
will in no manner be interferred with
except that he will not in the future
make -his promises to get Jobs for tha
Immigrants less definite than he has
been making them.
This, it will be observed, is a mat
ter totally apart from th provision
about paying for tickets. In order for
Col. Watson to continue to pay for
tickets, and In order that other States
and State officials may be able to pay
for tickets, that is. after July 1, there
must be another loophole somewhere.
And here It Is Attorney General Bo
naparte found It: he had to Arid It,
for the reason -that the administration
promised certain Southern Senators,
when the Immigration law was under
consideration In the 8enate, that the
new law would make no material
change and that It would not Interfere
with the plans of the Southern immi
gration societies. The matter was dis
cussed at a cabinet meeting, and two
members of the President's cabinet,
Messrs. Root and Taft. both able
lawyers, too, gave the positive assur
ance to these Southern Senators, and
they were not Bacon or Tillman, by
the way, that this new law would not
interfere with their plans, would not
be materially different from the pres
ent law, but Senator Lodge gave no
auch assurance. He stated on the floor
of the Senate that he and others had
fixed It up, and that they hadTlxed It
up for the speclflo purpose of Interfer
ing with the plans of immigration so
cieties, movements or anything else
whereby aliens were to be brought
here with their tickets paid for by
private or corporate contributions.
WILL FIND A LOOPHOLE.
-nut rioiriv in unite of this, or In
stpe and Intention of the law on theJ
part of those who fixed it up, it .waa
clearly up to Mr. Bonaparte to find
a loophole. He has not yet made his
announcement but he will find It all
right. It Is In there. For, you must
observe, that In the enumeration of
those persons and things which could
not pay for tickets, Mr. Lodge, Mr.
Gardner and the others forgot to In
clude the State. The State can there
fore pay for the tickets of Immigrants.
The only thing which can exclude
them when they ere brought in by
the State Is that they are under con
tract before they come. And Mr. Bo
naparte says that the mere paying for
a ticket is not a contract either ex
pressed or Implied. But there Is an
other thing. Where is the money to
come from with which a State may
pay for the tickets of lmmtgranta7
Oan it be subscribed by a corporation.
Miioclatlon. society. etcT The law says
the tickets must not be paid for by
any ef these, "either directly or Indl-
tsrtlv "
So. there! How Is Mr.Bonapaxte go
ing to get around that? Col. Watson
says that money raised by the Immi
gration societies and given to the
BUte belongs to the State and may be
used by the State for whatever pur
pose the 8tate chooses. And he said
this after talking wtlh Attorney Qen-
1 Tlnnanurt,
Anyway, the President and the At
torney General have agreed to fix it
up somehow. And Cot. Watson has
gone to Europe, with a letter of Intro
duction to all the diplomatic and con
sular officers from the great Secreta
ry of State of the unitea eiates.
FOR A CRUISE OF INSPECTION
Sec. Metcalf and Party Sail From
Charleston, a C To-Day.
Washington, March 18. Secretary
Metcalf left here this afternoon for
Charleston, B. C, where he will board
U. 8. ship Dolphin to-morrow for a
cruise of Inspection In Cuba and Por
to Rlcan waters. He will be accom
panied by Senator Flint, of California.
The Dolphin left Washington Navy
Yard yesterday and Is due at Charles
ton about noon to-morrow. She car
ried passengers. Senators Hale, of
Maine: Penross, of Pennsylvania, and
Carter, of Montana. The party will
e gone about three weeka
British Tramp Steamer Fat Aground
Off Long island.
New York, March IS. While feeling
hr throurh the to that made
shipping movements along the coast
precarious to-day, the British ttamp
steamer Oowenburn, Capt. Forbes, ran
her nose In the sana on ins souvn
talanri and late to-nlaht
was fast aground. The steamer rest
ed easily and was not peiievea to he in
any Immediate dinger. Tugs put out
A har. knt their caDtalns hardly ex
pected to be of assistance before the
fog lifted. The wind to-night was of
moderate etrengm.
r ' 1 '
American Gunner Aboard.
Puerto Cortex, Hdnduras, March
It. The llonduran gunboat Tatura
bta and the Mexican steamer Olym
piad under charter, , both equipped
with rifles and, cannon "and with a
large and well armed force Including
American gunners, under Gen. Qulros,
on board, left here to-dsr and steam
ed In the direction ef TruJIllo. The
report that Americans have been Ira-,
pressed for service in the Uondurao
army la untrue, f .,'r V..
50 MOBE BODIES KECO YEB ED
NEARLY ALL FORMLESS HASSES
In Spite of Efforts for! Past 34 Hours
, ine Number of Casualties Resulting
Front Explosion Aboard . French
Battleship Iena Ha Not Yet Been
, Definitely Fixed After Last Roll '
i Call There Were SU11 Unaccounted
for IIS Men and AU May Have
Perished Total Number of Dead
Slay Reach 120 Only 12 of the BO
, Bodies Recovered During the Day
Could be Recognised. ' (
Toulon. March W.-Tho efforts to re
cover the bodies of those killed by the -explosion
on board the French battleship
Iena here yesterday, which have ' been
carried on with energy for 24 hours,,
have not yet resulted In definitely fix. ' '
ing the number of casualties. After the '
last roll-call to-night there were still i
unaccounted for eight officers" and 118
men. Unfortunately there little doubt
that all these missing men perished. The
roll-call waa applied only to the crew
of the Iena, but aa It is believed that
some 12 or 15 arsenal hands were en
gaged on board the battleship at the-'i
time of the explosion, it Is feared that
the total number of dead will reach 120.
In this belief the naval honpltal here '
was Instructed to-night to prepare mort- ' '
usry space for that number. -ia,
Minister of Marine Thomson mads -second
visit to the Iena late this after '
noon, after the dry dock had been empt
led of water, and made a careful aara
lnatlon of every part of the battleship '
that was accessible. The Interior steel '
planking and the partitions of the bat
tleshlp shows signs of having been sub
jected to enormous pressure. In many
places they are bulged out or IneentedV :
The gap In the side of the vessel acted
as a safety valve for the vast volume '
of gas generated by the taming powdes
without which the explosion wouM have
had even more disastrous results.
Fifty bodies were reoovered during tfie
day, but only 12 of them eestd be recog
nlsed. The remainder were foitnless '
mams of charred flesh.
At 7 o'clock this evening hope was re- :
vlved by a rumor that several men had
been brought out alive, but this proved '
to b untrue.
After tha roll-call Minister Thomson
le vie wed the survivors and addressed
to them a few touching words, after
which the men who are engaged in'
searching the vessel returned to their
task, at whin they will work all night
Two of the wounded died In tha aospi
tal this evening, and there are five oth
ers who ara not expected to live.
The Prince of the Asturtas, a brother-in-law
of King Alfonso, of Spain, has
arrived here to convey the eondolenoee
of his majesty to the French navy, and
to visit Rear Admiral Manceron, who
was wounded.
MR. WH. E. SPRINGER, MAYOR.
Former Chief Executive of Wilming
ton Nominated in the Primary Over
P. Q. Moore A - Second Primary
Necessary for Aldermen.
8pecial to The Observer.
Wilmington, March 11. Ex-Mayor
Wm. E. Springer waa nominated for
mayor by a majority of 123 votes In
the municipal Democratic primaries
to-day over Aaldcrman P. Q. Moore.
Second primaries will have to be held
In four of the five wards for one of
two members of tho board of alder
men. The vote was very heavy, but
good order prevailed.
To-night ex-Mayor Springer ad
dresed a lnrge gathering at the city
hall, pledging his best effort towards
the upbuilding of the city. The alder
men nominated are: J. A. Karr, first
ward; M. O'Brien, second ward; I. M.
Bear, and R. H. Northrop, third ward;
C. P. Bolles, fourth ward; W. W. King,
fifth ward. The second primary to
morrow will be between M. Rathjen
and J. F. Sellers, first ward; Jno. H.
Sweeney and T. W. Wood, second
ward; J. McRee Hatch and W. A,
French, Jr., fourth ward; J. O. Brown,
and K. W. Jewell, fifth ward. . .
ARRESTED FOR MURDER.
South Carolina Officer Takes chargcj
of White- Man at AshevUle, Who le
Said to be Wanted Fur the Killing
of ilia Slater-in-Law hi Tennessee.
Special to The Observer.
Ashevllle. March IS. Police Ser
geant Jackson, of Spartanburg, S. C,
came to Ashevllle lute yesterday after
noon and without taking eltaer the
city or county officers Into his confi
dence trekked across to the Hana
Roes tannery near the paasenger sta
tion and placed under arrest an em
ploye of the tannery, a young fellow
21 years f ago. known as Noahv:
Walker r Noah MiFurls. The Soutla
Carolina officir alleges that his)
prisoner Is a fugitive from Justice
that he Is wanted for murder In Ten
nessee and that he la being held for
tht Newport officers. When arrested!
and confronted with the charge
Walker, or McFuris, said that . tha
officer had the wrong man; that U
the officer would agree to pay ex
penses back to Ashevllle the prisoner
would go to Newport without requisi
tion and establish the truth Of his
statements. The prisoner however,
has been held. He wis brought up) '
town last night and looked . up In,
city hall. This afternoon Sergeant
Jackson was In police station await '
Ing the coming of the Newport ottU
cere.
The chsrge laid at the door of
Walker or McFuris is that of murder.
It Is alleged that he shot and klUed
his sister-in-law near Newport sever,
al months ago and that since thai
time he has succeeded in evading ar
rest. -
ROOSEVELT WILL RUN JSO MORE. ,
President of Columbia ratversity Say
Roosevelt's Principles Are Greater
Than the Man. '. , -,v
" Los Angeles, Cal March I8.Ia an
Interview here pr, Nicholas ; Murray ;
Butler, president of Columbia Univer
sity, said: v i- . .",.V:-V i ,
"President Roosevelt will : not run
for President again, no matter what
pressure Is brought to bear upon blm.
The principles which Roosevelt stands
tor are greater than the man. The
Republican party must support the
principles no matter who ita stand. ir l'
bearer may be at the next election.
With Mr. Root as' Preeldent and Mr.
Taft as chief Justice of the Supreme
Court, conditions , would be pn-f .
nearly Ideal. Hut I hardly look f .t
such a 'combination ta sa I."