Newspapers / The Charlotte Observer (Charlotte, … / Aug. 3, 1907, edition 1 / Page 1
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iUECIUPTIOX HUUE: (3.00 PER YEAR. CHARLOTTE, K. C, SATURDAY MORNING, AUGUST 3, 1007. piuce five ci::;. DAjTS LICENSE EEVOKED SOLTHEIiX OUT OF ALABAMA P. rnoval of Knit From Slate to Fed eral Court llCi-ponsible for Action of .Secretary of State in Depriving Corporation of Right to Do liusi- State Law! as Action of Statute ' is Autoniatlc-r-Action Taken Un- der Provisions of Second of Out law Acts Pawcd Last Winter, the , First Being Declared Unconstltu tional. MontgomeryyjVla,, ,. Aug. 2. An nouncement was made to-day by 6ecretaiy of State Frank N. Julian that be had revoked the franchise of the Southern Railway . Company, i , . ... , ' , :4 uotnuaa n naa removed a case trom f the State Circuit Court of Talledega county ta the United States Circuit Court 'at Birmingham. This action . of the Southern is alleged to be In violation ;'of the outlaw acts passed byv U.e State Legislature last Winter, each, of .which provided that V such r-movnl Aliould be punlshabM b a revocation of the charter . of the" of fending ralroad. ' One of these laws, the better known, -was declared un constitutional by United States Judge "Thoinas 0. Jones, but rheother has never beer, enjoined by the Federal Courts,; For this reason the action of jhe -State official was taken un der the provisions of ; the second of these 'outlaw acta. The State insists that this second . outlaw act Is still In force and It Is entirely proper to act under Its provisions, while - the adherent of the railway contend tie act of revocation h In . con tempt of the Federal Court lnjunc- ' .tlon, at least In spirit. Neither side would make an authoritative state . ment of the probable course to be pursued iir-the controversy to-day. The action 1 of the Secretary .. of State is not in resistance of the re- - straining- order issued by the United States Court of the filth circuit as this law Is not among those com batted by the railroads and not Included in any - of - the litigation now pending in the court of Federal Judo's Jones, nf rhn . middle? Atlantic district. . The . case ; upon-, which the revocation was made out came from the Circuit Court of Tallatiega county, in the shape of a ' notification from Clerk J. D. McNeel that a suit had been removed from the State court to the Federal Court. Secretary of State Julian looked into the law and found that there was nothing else to do but mark the license cancelled, as the action of the statute - Is automatic. - , ' Act 81 provides that when any for eign corporation ia sued In the State courts-and removed such suit from v the State to the Federal Court, the ' clerk of the court from which the re ; moval was taken' will at once certify - uch action to the Secretary of State, 1 "who shall thereupon Immediate can cel said license and make and enter ' upon the stub thereof an order In sV atance." ' . v " ' " , Flnlcy -Refuses to Talk. ' .- -, ISTew York, Aug.' 2. President W. ,W. Flnley, of the Southern Railway, ' was at the Broadway offices of the company for a short time, to-dav. " but took an afternoon train for the bouth. : He refused to comment upon the revocation of the com pany's license .to do business in the jiate of Alabama. FIRE AT YORKVILLE. Firemen An flnnft Wnrtr Vnvlr rmn Cotton and orn Fine C. & N. W. i -; Kamray to Discontinue- Two Pas , ' sengcr Trains on Account of the New itate taw. , Special to The Observer, , ' ' Yorkvllle.Aug. 2. -A email house on the lot of Miss Anna McPheeters, . situated about 20 feet in the rear of ; her residence on East Jefferson street, , una dccud ea nv b. npirro. wan nPRirnv ed . by are early this morning. -The lose was total and amounts to about i $150. v Good work on the part of the fire-department, 'which worked under ., me disadvantage or being lorced to stretch about 800 feet of hose. from the nearest hydrant, saved the dwelling of Tne weather nas been ideal for the past week or ten days, and as a result ,. crops have never made greater im Jirovement In this section in the same ength of time. It Is said that the ". outlook for cotton has not been so - good at the same period in several IrAitpa txrVilles, It- m errt avo ITip nnr Aad aA . that the corn crop, which is practically - made, ia probably the largest and. best in the history of the county. An un , usually large amount of native hay is throughout this section. - . . , ,If there is any class that knows and - appreciates 'good hotel accommoda tions it Is the druramersr and, there fore,' it; la a great pleasure to those oitizena : ot Torkville-w ho- appreciate the value of such an institution to a , town or city, to hear these hard-work .. ' 4nar nromoters of business elonir ail lines assert that Ed. Sadler with the assistance of Mrs... Sadler, has made ' Yorkville's new hotel, the Shandon, one of the best in the State. Of course such a hotel receives liberal patron ' age. - : It is said that by reason of the fact that ltwlll be forced to aubmlt to the outrage of hauling passengers on that ' cart of its line located In North Caro line at 3 1-4 cedts a mile, after August 8th, the management of the Ctarolina. - continue passenger trains Nos. 1 nd 8 " recently put on.. The people of this (taction do hot look upon the North Carolina law reducing, the passengor 1 1 the part of the Legislature to ben on the part of the demagogue to do something to appeal to the prejudice of an ignorant class that travels very little, but unfortunately has a vote. v Court lief use Writ of Mandamus. , Richmond. -Va., Aug. 2.Judge John Ingram . of the Law and Equity , Court, today refused to grant the writ of mandamus applied for by State Senator Machen. of Alexandria, to , compel the . publication , of his two constitutional amendments J one . to make & 0-day session of the Leglsla 1 ' ture, the other to reoulre but one faild o nr.bJo hnJuly. . . .to-behetfront .he hwjra aoi etao Inetaol ntaoietao reading of a hill. The Senate clerk (failer to enter them in legal form Fenator Machen will now apply to the Corporation court .at cPtersburg. Rancher Sulfides After Killing Wlfo ana companion. Bolse.iIdaho, Aug. 2.- Walter Scott a rancher of Jordan Valley, Ore., shot and killed hlnncir to-day after shoot ' Ing o death last night his wife and Alfred lunr3n. Feott iat nlsiht re " "" turrfcd nonie unexpectedly and found hia wife and Duncan together. SHOW MANAGERS ARRESTED. An Albemarle Citizen Has a Warrant Served on Tliem 'For Trespass on Ills Laud 111 Feilovytownsmen Disapprove of H is Action. Special' to .The Observer. - Albemarle, Aug. 2. Yesterday as the show train of West & WelU Wis !u i?.i?al'e.he' Two.of le.fna" agers were arrested on a charge of trespass. It happened in this way. As the.lot on which this company was to exhibit was too small for their tents, the manager, Mr. Godfrey, went to see one John A. Teeter who owns a small lot, joined on the lower side by Mr. J. C Parker. Mr, Teeter, fearing that his lot would not . measure up to the requirements of the company in Ise told Mr. Godfrey that his lot was much larger "than it really was, caus ing Mr. Godfrey to put his tent about 0 feet across the line on Mr. Parkers lot When Mr. Parker saw that , the tenia were on his lot he went to Mr. Godfrey and told him that his tents were on his land. When this intelli gence was conveyed to Mr, Godfrey ho, eeina- that Teeters lot was too small to accommodate him, commenced mov ing on Mr. Parker s land altogether. and naid hlin the price therefor. ? This caused Mr. Teeter, to becomes very indignant as he was to get izu for the use of his lot," and he forbad the gentleman's going on his land to move his tent until i the $20 should have been paid. " Mr. Godfrey, know ing that all of the trouble was due to the fact that Mr. Teeter had misrep resented hla lot, went ahead and be gan taking away, his tents. Mn Teet er did not make any move to .demand his legal rights until just before the company was ready to leave. Then he went before Recorder Bostian and swore out two warra'nta for criminal reepass, one against Mr. Godfrey and the other against Mr. Jones. Sheriff Love made the arrests. just in time to detain the train and forced the com pany to pay the S20., as they could not afford to wait to stand trial. Af ter the 20 were paid to Mr. Teeter the two men were released, and went their way. - The better citizens here are very in dignant at Mr.; Teeter as they think that he acted, an unfair part In the matter. . " '. TWO IXBICTMJSNTS RETURNED, Frederick Magill and His Wife Held For Murder or Jure. Pet Magui,. ma First Wire Defendants' May Be Tried Together. ' ' ( ( Clinton. 111.. Aug. 2.The grand Jury which has been investigating the death; of Mrs. Pet - Magill, the nrst wife of Frederick Magill, who, with his second wife, is in Jail here,-hav ing been brought back from Cali fornia to answre to the charge of hav ing caused the death of Mrs. Pet Ma gill, to-day returned one indictment against Magill and one Indictment agalitet Mrs.-Fay e Graham Magill. The six counts in each indictments follow: ' - .' - N , . ..'' "That Mrs. Pet Magill was murder ed by the administration of struch- hlne. poison; tha tthe murder was dqne by arsenic; that she. was snioth ered Vwith a, qhnt'r iihat'she'4wsjs strangled by death by chloroform: that she committed eulclde as the re sult of a compact and agreement with the , defendants and heir advice and counsel in ha her deah was, caused by he defendants, by aome . means . un known to the grand Jury." v . Magill and his bride of jour weeks were in the court room, when the in-i dlctments were returned. - '. During the afternoon session Judge Cochran sustained a motion to quash the sixth count of both indictments. He overruled the motion to quash otb cr. counts holding that , they were good. ' The defense immediately filed a motion to consolidate the two cases so that both huafoand and wife would be tried together, and the court took this under advisement. The defense then asked that the trials be set as speedily as possible, and Judge Cochran announced that to-morrow 'he would decide ; whether the trials shall Itxegin next week or In November. . . The: defendants pleaded not guilty. - , - T - - ELECTRIC CAR RUXS INTO AUTO. Three Persons Killed. One Fatally 'In jured and Another More or Lea Seriously Hurt. - ' , . - Jackson, MlCTc; 3tug. 2 A west .bound car on, the, Detroit Jackson & Chicago Electric Railroad struck an automobile. containing Ave. Jackson serldenta at Sutton's Crossing, about three miles east of here this evening Mrs. Levi palmer, airs. 'Emily Pulver and B-urnlce OliVer (were killed, the last ;two vinstantiyr ; R. Adalbert Oliver, a prominent business man of this city, who was 'driving the oar, was probably fatally injured, while Mrs. R. A. Oliver, the fifth, passenger, escared - with - less serious inluries. Mr. and Mrs. Oliver and Mrs, Palmer wer taken on board the electric car and . brought to this city, but Mrs. Palmer died before reaching the hos- rpitai. v - Two . parallel, electric ' railroad tracks, the unused ' Boland line, and the Detroit, jacason & Chicago, cross the country road at the point where the accident occurred. A house and some trees hid the approaching car. From the fact that the brakes on the touring car were not set, 1 tis believed that Mr.. Oliver, who was driving the ear, did not eee tne electric car, Bunice Oliver, one of the killed, was Mr. Olive's augte. Mrs. Pulver Was Mrs. Oliver's mother, and Mrs. Palm er was their guest. ,. .' . , KILLS HIS LIFE LONG FRIEXD, Husband Takes'Life of School-Mate and Boarder l or Slaking Improper t'roposais to tiw e. . . Savannah, Ga., Aug. 2. A special to The Savannah News 1 from Baxley says: Last night seven miles south of here N. A. Burnside was Instantly killed by Clarence Gillmore, hls4lfe-long friend. school-mate and boarder . for many months. otn moved nere trom col umbia, S. C, a few months ago and had been engaged in the ateam saw mill business. Gillmore came in last night, surrendered to the sheriff. He stated that 1 after retiring last r night his wife informed him that during the day Burnside had mrfde'Jmproper pro posals to her. Gillmore got out of bed and upon entering the room of Burn side killed him, using a shotgun. . The body of Burnside will ,be takes to Columbia for interment, t " ,!i';'.:. ' 'v'fl-..:: II.HII liii .)W ii ilijj,nm mi i liitnii, 1(11111.7'.:,;;;. j.- Small Wreck on Southern Delays Traffic. - Speelat to The Observer. . " Spartanburg. & C, Aug. , 2. -All freight and passenger traffic on, the main line of the Southern was delay ed to-day on account of the wreck of a freight train at King's Mountain, caused by four box cars being derail ed. The track was blocked for eevr al tioursr Nc? one was Injured in the wreck. KJSWSFROH STATE CAPITAL RAILWAY GETS CONVICTS Raleigh's Whiskey Fight Getting to bo Interesting Judge Purnell at ,1, Beaufort to Hear Peonage Cases-K Mining Comnauy Clmrtcred for Moore County Governor Glenn , Off to Speak on Temperance U & X. Says it Operates Its Road in CVorth Carolina at a Ijoss A. & M. to Have Fine Athletic Field Otlcr-ews Matters. ' Observer. Bureau, The Hollaman Building, ,t v Raleigh, Aug. 2. The Governor and Council of State to-day took up the matter of letting the Mattamuskeet Railway, in Hyde cou"nty. have 50 convicts, for which It had applied and had tiled the neces sary bonds and statements. . Messrs. Carter -and Davs, of Hyde, and Su perintendent Mann of the penitentiary were present at the meeting: The use of the convicts - was granted. The length of this road is to be approx imately 43 miles from a point on pam lico Sound to a point on the main line of the Norfolk-& Southern Rail way Ryde is one of he very few counties in North Carolina which has no ; railway. ? A very interesting cam paign was held there this year on the question of the issue of bonds in aid of this road, Governor " . Glenn and several other State officers making speeches. -' , . . - Mention was made the other day of they fact that the convicts who had Deen at work on tne wiiKesDoro-t & Jefferson turnpike had been brought to the penitentiary and would be transferred to Robeson county to do some work for the Atlantic Coast Line. As yet the convicts have not been sent, There are aJbout SS of them. . - The Charlotte Realty Company is authorized to Increase its capital stock from 8100,000 to 1200,000 J. H. Little. Is the President 01 the company, Chartersvare granted the Dixie Real Estate, Company, of Greensboro, which will do . an Insurance business, capital stock $20,000. And to the Elise Mining Company, of : Moore county, capital etock 850,000. A. J. J ones ot Glendon, and others being the stock holders..;: - ' . ' ' RALEIGH'S LIQUOR PROBLEM Tb-nlght a committee composed of Rev. S. J. Betts, Z P. Smith. W. U. Douglas, and J. T. Milter,' represent ing the iprohi'bitlonlsts here, present ed to the board or aldermen a peti tlon for an election on the question of prohibition or dispensary. As It .seems to be understood that the election1 on the issue of bonds for an. audi torlum will be held the first week In September, the committee ask that the liauor election be aet three montns ia terror durinsr the first week" in De cember.,. The saloon men are all said Betts-was to-day observed talking to two of them. He says his side will win. . three to one. Manager Batch elor. of - the dlapensarr, , when askea what he thought would te tne result of the campaign said itwouW be hard to ' sav.'as undoubtedly it, would be one of hysberlcs. emotional to tne last degree. Rev. -Mr. Betts and Secretary! Jack Miller, when asked about tne cas- Tjensarv business here. ald it amount ed to 5225,000 during a year ana uw Raleteh , was a distributing oint lor a territory within 60. miles,? supplying a number of counties. They declare that the dispensary makes every effort to aell all the liquor it can ana tnat it sells more than the saioona uaea to, The dispensary keeps beer on ice, they say. They added that railroad men could alve evidence tnat more uquor wa flhioDed in here, or sale toy the dispensary, tttan used to come to the 28 saloons. There are all sorts of sus piclous persons, of course, and some of these sav the ox-saioon men are in terested because they think with the disnensarv out out of business aawons can i be brought back, because under nrohtbU on there will - be o many blind tigers, that me system wm on made odious. A little over 20 years aan nalelah had prohibition for two years and lhen,-the sale t liquor oe-t ing allowed in tne wumy, metiiru a bar-room Just outside the township lines on every road.-' Now. conditions rhanred and there are no saloons allowed in the county, nor in those round about '1 Of course, mere are rnt numbers of persona hero who ardently desire prohibition and there is a considerable element which would go to any length to make It odious. th diaoensary has some earnest ad vocates, and waavoteo lor as in oe solution of perhaps the greatest prob lem. The number of signatures necea- eary to call an election la 440 but those of quannea , voiera w on wi petition presented to the .-, aldermen this Mremnsv ' ": ' There has been a fine prospect tor corn lately, In this section, but now the crowia being severely hurt by the flronrht Ait the city farm corn only two months old is ten feet high and Is coming into silk and tassei, out n Is showing the effect of the very hot dry weather. ' The total numoer ot. persons in vn Jail here isaiiow only ten, and of these five are charged with murder, v ; Jtrdee Purnell la at Beaufort . to hold the first term of Federal Court there to try the ten peonage cases from Pitt county.' These are the cases of forelsrners who were Drougm to work on the Norfolk & Southern Rail way. " ' :' FIKB ATHLETIC FIELD. Very active' work is in progress on the athletic field at the Agricultural & Mechanical College .and In the autumn there will be some fine games of football, notably one with the In dians from the united states Indian School at Carlisle, Penn, There will be accommodations for 7,000 people, The athletic field was not used during the baseball" season. City baseball teams will be allowed to use it, and It will fee a place for ail aorta of ath letlcs. Preliminary arrangements are being made here for a very nanasome cele bratlon of the completion of the Nor folk ft Southern Railway from Raleigh to . Washington, including a special train from here with an hour's atop at Greenville, music by the Third RegU ment band to be one of the features of the trip. Several hours will be spent at Wasnlngton. The Raleigh chamber ot commerce is taking up this matter actively ana intends to make the affair a great success. Of course the progressive Norfolk & Southern Railway will co-operate In many ways. - " penitentiary Superintendent Mann says the crops at the State farm on tho Roanoke river are ar from good this season. The cotton Is small in size and the atand i remarkably poor. The crop Is not suffering from drought, as there was a good rain last. week. He does not think even with a per fect season much over two-thirds of a crop can be made. v State Superintendent Joyner Is noM fled that two more school - districts have voted fqr local tax, one of thwe v 1 ' YADKIN 10 BE OPENED UP IXTFJIES11NG RAILROAD KEWS. Sir. Hugh ii. Chatham Says That the Elkln & Allegheny Raiiroaa w i" Go Across tho Blue Rldse and Hn? ally be Extended to W!nton-Salein Via Yadkinville This Would Open Up a line Section or Country That is Now Practically Isolated, Bene fiting Greatly the Twin City A Far-Reaching rroject Planned. Special to The Observe. ; Winston-Salem, Aug. f . in ,. tno course of a conversation last night Mr, Hugh G. Chatham, of Elkfa, stat ed that vthe Elkin & Allegheny Rail road,' which ia to be built from Elkin to Sparta across the; Blue Ridge, will eventually be extended from Elkln to! Winston-Salem by way of Yadkin ville. The preliminary; work of the road from Elkin to Sparta is already under way and will be pushed aa rap idly as possible: As goon' as the line Is completed yto Sparta work on the Elkin and Wlnston-Sialem end will be commenced. This is tha present plans of. the Elkin & Allegheny Railroad Company. - - ' , , ' ,." This will be interesting news not only to the people of the Twin CHy but to ; Yadkin county., as well, : it will -be the first, railroad .;to ; touch Yadkin county and will open up one of the best counties In the Stat The distance from Elkm to Wineton-Sa- lera by the proposed routej la -between 40 and 60 miles. The road ' from Elkln to Sparta 1 will he about 30 miles. . : This road will be of Immeasurable benefit to Winston-Salem as it would open ..' up a direct trade connection between a section of the country that is not now traversed by a . railroad It .would bring hundreds orthe peo ple to the Twin City .that do not come here at the present time. : ;; '- : , " If the Statesville Line" Railway now "being surveyed ; through s Yadkin ia completed, the road through Yad kin from Elkin to '.Winston-Salem will form a Junction- with this road at Yadkinville, thus giving to Yadkin county a railroad .service that it has long desired and which lta: numerous resources have?long demanded.? Yad kin county has never In its history heard the toot of a locomotive whis tle nearer than across the waters of the Yadkin. -, - . At present the streams of Yadkin county would furnish more water power then any county of Its slse in the State, but there la not a factory of an kind within its borders. With the new roatr the extensive lumber business of the county would have an easy and time-saving market, whereas t present it Is hauled by wagons 15. miles to ' Elkln and other station on the railroad now running up the Yadkin river in Surrvv Be sides If the proposed road is built it will bring to Winston-Salem the bulk of the. trade of - Yadkin, county with ts tons ot tobacco. .,1; ' . ,: "he leading cltiKens of Yadkin county have long considered tha nos- eioimy ox suon a road an when th. time Is ripe it Is safe to say that they wm vote bonds for Mm construction If this Is required. Striking painters Return to Work. Special to The Observer. Spencer, Aug. 2. The strike lnausr urated two weeks ago by the painters employed by the Southern Railway Company at Spencer was declared oft to-day and all the men return to work to-morrow. - It U stated that a sat! factory agreement hajTbeen made bo tween the galnters union and the outnern oinciats. ' Deaths In Pennsylvania Mines. , Philadelphia, Aug. 2. More thah one thousand persons were killed last year in the coal mines of Pennsylvania, according to the annual report Just Is sued by Jamea Roderick,-chief of the department of mines. The etatisti'sa shoV that 557 persons were killed at the anthracite mines. ; . being Mocksvllle, where Mr. Joyner recently spoke In support of that plai. . john u. Angier.i ox JUurnam, came down this afternoon In hia automo bile and. obtained a charter for a now and important corporation, thia being the Carolina- lortua Lumber Com pany. of West Durham, the amount of capital stock being 8126,000, the other stockholders being w. a. jcrwin, ts. tv. Powe and K. P, Lewis, all of West Durham. -" - -'-v; ,..y. w- . i Among the vlsltdrs here to-day was ex-Justlca of the Supreme Court Rob ert M. Douglass, wno had business with the corporation commission. CONVENTION OF POSTMASTERS. Pontmaflter Brlggs, of Raleigh, . is notified by Postmaster o. J. swain, of Pinetown.-Beaufort county, that the fourth-class postmaster Iik North Carolina will meet In convention here October -18th and "ltn. There are over 2.000 ot them. It is now supposed that all the rail wc.iB will be represented at the hear ing which the Governor is calling tor) or rathor inviting thorn to, at tne or hco of the corporation : commission August 8th, this hearing to be on the specific subject of frelgnt rates.' ? So far only two of the big roads have an nounced their intentlon-i of being on hand at this very Important meeting -' Much regret ia expressed here at the doath of Dr. William. R. Cape hart, of Avoca. '' Ho was for a number of years a member of tho State Board of Agriculture. . Hia great herring and shad fishery, has been- tor more than a century one of the best known in the United Stales. ; ' A number of photographs of rt are in the State Mu Mum. ''',: r'f t;:,.o The Loulevlllo & Naehvlllo Railway in its report to the corporation com mission" says that von tt 18 miles of line In North Carolina, ail In Cherokee county, it lost last year ll.JOOj ibut it is found that it does not include the freight it receives from other lines, notably the Southern Railway, but only includes what originated within the 12 miles. . Thia road connects with the Southern at Murphy end has a heavy traffic. , , , Governor Glervn left this' afternoon for Edenton to lecture on temperance. He returns here .Sunday, .S He has as yet hadi.no reply from the Louivme' xsannvilie Hallway to hli request for . Information whether, it imenas to pui on me z 1-4 cent rate .Thomas Scarlett, a native of mils boro for many years, residing here and In the railway service but more recently of Portsmouth, Va., and here on a visit, -waa to-day stricken with paralysis wnue walking neAr tho Cap Itol. He ftt frycars 014 and his con Jltion is critical. , ' Bladenboro 'votes special tar for public acnooi. . , LEGAL YiCTOKY TOR STATE : f i , revejisi;d by supreme court SouthXarollna's Highest TribunHl De clares Foreign Corporattona a Exempt from ttie Conwratlon Li cense Tat Law An Unusual Case iu Marion County Wherein a Negro ajs He Assaulted a Young Lady When she Declares Positively Oth erwiseHe Seems to Want to '-bo Lynched Superintendent Martin Sees tho Error of His Way and Apologizes to Governor Ansel. ' Observer Bureau, I 1209 Main Street. I '. Columbia, S. C Aug. 2. -Attorney General Lyon has won an important legal victory for the State in a decision filed in V the supreme Court to-dav." In the decision the Su preme Court unanimously rewrsea,. it self. Several months ago the' court rendered a decision- exempting the British-American Mortgage Company from the operation of th new cor poration license tax law, which yields an income to the State of about 270,- 000 a year bv a tax of half a mill on the paid-in capital stock ot domestic corporations and a half a mill on each dollar's worth of property in the case of foreign corporations. -The former decision1 exempted the Brlt- Ish-Amerlcan Mortgage Company on the ground that as a foreign corpor ation it was doing business as a nat ural born citizen of thia State and not as any kind of corporation. This decision caused the domestic corporation to sit up and take notice ana they began action' to hav tne law set aside as to them on the ground that to tax them and not the foreign corporations waa showing un lawful ! discrkmination. A case was brought in the name of the .Ware Shoals Manufacturing Company, of Laurens. This is now .pending in the Supreme Court, but the decision Ten dered to-day makes that case hope less. " -.;; :.'.:':. ', ''A::-1'-' When the other decision was filed Attorney General Lyon, who. had Just come Into office, secured a .rehear. Ing, and in the rehearing to-Jay e cured a complete reversal of the former decision. fo.A VERY UNUSUAJ, CASE. a case wnicn snouia prove in terestlng to r psychologists, students of soaiology and criminology is that Of the negro Nathan MdCleary, who In spite ot the positive statement or the victim to the contrary, says that he la t'.ie man who attempted to criminally assault her at Oak Grove schoolhouse. Marlon county, . last aprlng. . A letter received to-day from Sner iff Evans of Marlon brings the case to the attention ot the Governor again. The sheriff writes that Sheriff Burch, of Florence county, has turn d over McCleary to 1 him, . but that he is boidJing him without any com mwment papers ami without any formal ohargea against him. He says Sheriff Burch turned him over to Marlon county with - the statement that a. policeman had picked him up at Timmonsvllle, where " the : negro had . been telling It v about generally that he was the assailant of Miss Pit man. .-. . It will ibe .recalled that last spring when the attempted" esault on Miss Pittman was made the people of that community were greatly stirred up, knobs spending days and nights scour. ing the woods, and there were signifl cant hints that the proper man had been secretly lynched. When Mc Cleary was caught the officers were confident he was the criminal, and by direction, or the Governor thev hus tied Wm off to Raleigh. N. C bv way 01 jj-ayeiievine, lynching being nar rowly averted at Fayettevillc. He was brought here from Raleigh by Charlotte. A few days later. Miss pattman came here and saw the ne gro at the penitentiary and positively asserted that he was ' not the man who attacked her. - McCleary was not released , Immediately -,on - account -of tne excitement etlll prevailing In Ma rlon. But after the grand Jury failed to indict Wm the Governor ordered his release. McCleary is a stun Id looking negro, and it waa belisveii her. mas nis mina was wrong, Ho got Into, some police trouble here before getting out of town. Last spring, the Governor- trl.i get the Marlon authorities to laka steps to havo McCleary : declam.l in. sane ano sent to the State Hospital iur ino insane, put nODHlng Was done along this lihe, the Marlon people seeming 10 joho interest in him. Mccieary seems to have an lnn desire for a spectacular death, at the nanus 01 a- moo. lie presents the curious spectacle of a man huntlna- means to he lynched. - Th i.nwit of the situation Is that If he continues to boast that he did a tempt the as sault there Is good reason to believe tnai ne win get accommodated with the lynching, no' questions askAd about the guilt. . SUPERJNTENDBNT , MARTIN .RE TRACTS., State Superintendent of Education 0. B. Martin's violent "roost" of Gov. ernor Ansel In protesting affalnst ths latter's appointment of ex-Governot John C. Sheppard a a member of the State board of education, 7na created & buzz of talk throughout the Stat. The subject has almost diverted gen eral attention irom maseball. The newspapers .throughout the State have almost without exception condemned the Intemperate language, the super- lntenJent used, tnough many of them have expressed sympathy for th su- oerlntendent 1 in wanting a board of school men In sympathy with hia plans. The Governor's diplomatic codlnew tnrougnoui tne clash, his refraining from hltlng back, Is char acteristic of the 'man, and Is one of his strongest point. He did not oven get ruffled. If he did there wait noth ing about hla manner of speech to In- dK-ate it. - ' . Coming 1 Into !U office Just after the violent set-to with , the superin tendent, a newspaper correspondent who did not know of tha clash at that time, askea nim: - "Anything happening to-day Gov ernor?" ' ' ' ' "Nothing worth mentioning, -nothing out of the ordinary. I believe." and smiled one of those nice, frigid. Falrhank smih that havemade him famous, and which are good to a In ihe torrid weainer now prevail! n HU friend and feIlow townsman, Mr. Martin, had but two minutes be- fitra riven him tne moat sareastbs tongue-lashing he had perhaps ever pecetvefl, cnaracienainj mm aa "ob tuse. wtupld". deeelt f ul." s having nlaved. cheap pouws in a sneaklnf way" nd various other thinga along the eama Une-nd .yet thera wa not tho movement of a muiele, nor th faintest disturbance of an eye to in- dicite that anything had happened. To-day Superintendent Martin nan Vooled off" and in this condition had reached the conclusion that he was wrong In the intemperate language he had used, and he sat down in his penitence and dictated the following letter of apolog-- to - the Governor, which the Governor received with the same smile that he received the 'cus- sln:" . .. . APOLOGY MADE. "Dear Sir: Durin mv term'of ser vice as State Superintendent of Edu cation I have had an, abiding desire ior ine bettering of educational con ditions in, thia state. Such desire la almost a passion. Naturaliv l havd plans. When I thought that thoe Pla.wcre being inconsiderately and luuuussiy upset. v J got ;exasperated to the point Of mental dtsouletuJe and ph-sical discomfort. I guess that meana I got maa. I do not often do SO. I Wtt3 harsh. .1 ilwlra in with. draw the words which may have been personally , offensive. I apoloilxe for "I adhere to the mrtnelnloa vrnlr'A t advocated. "Very sincerely yours, " 1 . "O. . MATtTTV "State Superintendent of Education." ESCAPED NEGROES CAPTURED. Important Real Kstaio Deal Made Ytasnington street Methodist Chur h to Cliango Its Location on Acconnt of a Dispute Over Its Present site. Special to The Observer. High Point. Aug. 2. The ; vouna men in charge o( the cafe of T. M. Montgomery at night made - a scoop last nlsrht in the wav of helnar resnon- slble for the arrest of the three, ne groes who escaped from the. work house in this county Monday of this ween. At 4 o'clock in the morning iney stained into this cafe and one of the 'young men. . recornltlna- them to be the escaped negroes, 'phoned Chief uray that they were in town and were going to leave on an early morning train. The chief came un town but the train had jut left with the negroes aboard, Lexington being their desti nation.. The authorities there were made aware of the fact and the three negroes were caught and sent back to the work housv, .," ". v . Through Mr. J. J. Farrlss an Im portant real estate deal was made here yesterday when. Mr.: Dougan Da via purchased the store building owned and occupied by the High Point Cloth Ing Company. Improvements will be made. The proposed reception by the Man ufacturers' Club has ibeen postponed until some future date on account of the hot weather. The trustees of Washington Street M. E, church through the chairman, Mr. W. H. Ragan, has ordered bids to bo received for the purchase of the grounds and building of the ehursn preparatory to the moving of it tb some other locality other thun on East Washington street where the church has stood since before the civil war with a new, structure, of course, as time went by. There has been a dis pute over the- land for yc.rs, . tho church claiming that some of its land has been taken up. Surveys . have been made and a settlement tried to be reached and It was thought every thing had beenv made straight last week when It was announced , that everything satisfactory to both parties had been made, ' but the trustee did not likfr aome of the wording of the deed offered by second party and re fused to accept same. There is some feeling ' over the matter of removal among the members some of whom say they will not contribute to the erection of the new church if the lo cation Is moved. PUMP CARS FOR CANAIj WORK. American Car A Foundry, Co. ami Continental Car Equipment Co. IjowCRt IJIdders Bid of Knoxvlllo Concern, $17 Higher, Promises Cars In Vonr' Months Jjenn Hmd, " Washington, Aug. 2. Blda were Openedto-day.at. the. Isthmian, canal commission for steel dump, cars to be used at the isthmus. For sup plying 600 cars of 12 cubic yards capacity, tne lowest bidder was tha American-Cae A Foundry -.Co. of New -York. OMy. at IS54.000. For supplying 115 cflro 0 four cubic yards capacity, the lowest "; bidder was the Conlluertal Car 4b Equip ment Co., , of New York- . City, at 118,151. A bid submitted by the William J. Oliver Manufacturing Company, of Knoxvlllo, Tenn., was $17 higher than that of tho, American Car A Foundry Co., for supplying the 600 larger cars. Thy Knoxvlllo eoneurn alo- promised to deliver their gooda xour mor.ins earner man the New Yoik compnny. This latter proposi tion will be nlven "consideration by the ciirmitioii, who are anxious for the delivery of the cars at an early date. A CHECK VOR TWO CE.VTS, Tliln Tiny Order Held to Hare Caused irw.mg uarnom liank Run It Represents a Fireman's Month's Work. ' . Sperlat to The Observer. ppencer, Aug. 2. What Is believed to he the smallest Southern Railway pay check orr record Is on exhibition at the Wachovia Loan and Trust Com- ny s bank at Spencer where Jt is attracting much attention. The check, which was drawn by A.'. H. r Plant. comptroller of the company at Wash ington, is ior two cents, in favor of J. H. Lee, of Spencer, stating that the same is in full for all services ren dered during the ; month of June as nreman. The check Is held as a souvenir. It Is said by some that tie presentation of the check was the cause of the run on the bank last week. CUAIXGANO BOSS ARRESTED. He H Chargcfl With Unlawful Cnlmhl .ait.M lUita as U'tktnan nl . Guilty Given a tour Months' Scu ' tenec. Special to The Observer. , Elliabeth City, Aug 2.T. T, Lucas. who has been superintendent of the Pasquotank county, chalngang for the past six montns. was yesieruay aner noon arrested by Sheriff Reid upon the .charge of unlawful cohabitation with a woman whom he brought from Gotdsboro. He gave boll for his ap pearance In court this morning which was called at 11 o'clock. . J. Heywood Sawyer reprenlcd the defendant and Attorneys E. F. Aydlett and-W. L. Capon reprented the State. - A large number of wltne!ws testified to the varioua Phases of the charge. Lucas was found gumy- ana sencencea to the Pasquotank cnaingang ror four rmmthsvlU40Ak,.aa-appsaiad.lMul I was fixed In the sum f $400 WILIJA31S BUT LITTLE IV IXAt Victory Claimed by Barely 500 Vri and Vardanian Men Admit I i niate In Probbly Correct, But i;o- clare Tliere la 1'oR.slbility for tar daman Returns From First 28 rf 7 Counties Gave Vardaman Lea I of Fully 1,000 Three. Candld?fi ttill In Race for Governor, - Xoel Leading Another Primary to be ' Held to Choose Between Two Hl;h ert Manslilp Leading for Lieuten ant Governor. , Jackson, Miss.,' !Aug. 2. Victory by the narrowest of margins for John, Sharp Williams, ' minority leader of the House of Representatives, was the outlook from the official returns. more, than 24 "hours after; the polls closed In the United States senatorial primary. 1 , ; Cov. James K. Vardaman waa lead ing Williams by '. fully 1,000 : votes when the returns. from the, first 2S of Mississippi's .78 counties were in. Despite this lead, the Williams men, basing their prediction on unofficial advices aa to the official figures , In. the other counties claimed a victory . , by a bare 500 votes. That their clalm of victory was probably correct was admitted by .Vardaman forces, who, however, : estimated the plurality un der 2,000 and declared that there was a possibility that- Vardaman would win, ' The. returns will be completed lata to-night Three candidates are still in the race for' the gubernatorial , nomination. In' returns from the first 2 5 counties ; E. F. Noel watt leading, Charloa Scott ; was second and Earl brewer, third, 'all running well. A4 other primary, wilt be held to choose between the two. highest in the pres ent contest, which has six candidates. Luther iManship is leading for Lieu tenant Governor. ,'''' -Jackson, Miss.. Aug. S.-Th ifnatorlal race Is extremely cloe with Williams Hi , vutes omnu in opponent when tho offl- -cl I return trom ut counties, more than, half -the State, were totalled. , , ..." Shortly after midnight Congressman -Williams gave out a statement sayinr : that he had heard from every cobnut in the Stat and that these returns Vndi- , i'K(i a victory fur tiltn mith tne pturatur of about 3,000 votes. This was the small- . vxl pluraluy which hud yet ueen claimed lot Mr. Williams.. The Si counties show- ' ed the following total: . . ; varaaman a.m; wiiuams .-:... Ot the candidates for Governor. 'Noel. ' Scott and Brewer, were still nhead In the onier named and with a small mar. gla seiMialliig them. L.VBOR DAY CELEBRATIOX. : Preparations on for" National Observ vuiue at Jamestown Exposition j- Willie - Hearst, - San Gompers and - John Mltclicll EikxHcU to Make Addresses. . ' Special to The Observer. " Norfolk, Va., Aug. 2. Union labor has occupied a prominent place In,' the construction of the Jamestown. Tercentennial from tne heglnnUg , and in fact this Is the first exposition exclusively constructed . by organised labor and the excellence of the work -attests the value of the organisation in every particular. f It Is proposed to make the Labor Day celebration at the Ter-Centennlal the greatest event, of the exposition and plans are already under way looking to that end. C. H. Perry . president of the Structural ; Building Trades Union; H. 8. Scott, president of the Central Labor Unions of Nor--. folk and Tidewater Virginia,! ?and James M, O'Qormor, special organizer f the Hotel and Restaurant Employ er's Association and the B. I. L. of America, have been in consultation wKh - th-.ofnclals ot- tha- exposition,. . and a concerted movement from now ' on will; be made to have this celebra tion an event. of national importance. , It is expected that the programme for this occasion, Labor Day, Septem ber 2d, will include addressee by Wil liam R. Hearst,- Samuel Gompers, John Mitchell and others ot note, while many special features will bo added to produce a national union " labor celebraUon of a magnitude nev er before equalled. There will be mil- Hary parades of Infantry", cavalry, ar tlllery and national guard; ' ban I wncerts by the Imperial band of the City of Mexico the exposition band and many military bands.; There will be parades of War. Path attractions, daring performances by aerial artists brilliant electrlcul Illuminations f buildings, grounds, fountains- and harbor and grand displays of the fire works at night ' ' " - ' ' ' " r 1 ' -: v ' . DR. 1. CTAY tir.LY RESIGNS. ; 1 ceding Winston MlnN.er Gives nr JNUral Work to Engsgr? In MIh. stonary Labors In the Southern States ; . . . Special to The Obsorver. .1 Wineton-Falem. Aur S. Rev. r Caay Lilly, D. D., who has been pastor cn Tne nrsi ; j-respyterian chruch for tne past rour years, wm announce to his congregation Snn day morning that he has decided to resign the pastorate of the church In order to accent work- In connection with the mission board of the church. Dr. Lilly reached tnu decision only a few days ago at Mon treal, whers he went to deliver a se ries ot addresses before the laymen's missionary conference. : ., Dr. Lily expects to continue to re side in this city for the present at least, His work will take him into al most every Southern State,, preaching and presenting the claim of the gos pel ministry 4o young men and doiny nyliwlonary work among the youn people vin general .and i dealing witns men In connection 'with the laymen's missionary movement. Ully suc ceeded the late lamented Rev. Dr. R, E. Caldwell aa pastor of the First Presbyterian, church; about four years ago.---; ivi.,''.;.:. .;,;-. vJ0fc';v ;v;;;' rJ'--i.- 1 ' 1 1 .111 f v. Child Dies From Swallowing Gla;s. Special to The Observer. Spencer,, Aug 2. A one-year-oH child of Mr. and Mrs, W. H. Brltt, o Spencer, died here this afternoon sf ter swallowing a piece of broken gla-s two weeks ago. The child's condition had fceen desperate and -its suiteri; r Intense for tea davs. The gloss wm swallowed by accident while at play, ; . Dry Dock Y-IU 1; j.-i led. Wanhlngton,' Au 2. The Navy De partment to-day rejected all bi u s ' -! mltted for the eonstrui't!fn ot a ; - dock at Bremerton. o- i - h becausa ta-" w?t n-vt v., . ,; V. 'cf tao r-' 1: ' '
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Aug. 3, 1907, edition 1
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