Newspapers / The Charlotte Observer (Charlotte, … / Dec. 10, 1907, edition 1 / Page 1
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r TT-- uirxjo:; X i. $3.00 A YEAH. CHARLOTTE, N. C, TUESDAY MOKNING, DECEMBER 10, 1C07. piuce five c: I1ECOT CBISIS mix puts ix i;i;:;oLtTioxs. I roducc Measure In the Senate De Mjned to Direct tlie Committee on I'lnancc. to- IuvHit-r;tj the lUtotit Proceedings tf tin; Secretory of ttie 7 Treasury Ancnt the, Currency Panic, imd Also to Make Inquiry cpntern- lug Clearlnjr. Hou-w CcrtiiK'ates- South Carolinian Ask Unanimous Consent to (Vlilriws the Senate on the ltesolutlons, But This la Xot AHowed Owing to the. Absence of Chairman Aldrlch,' of the Finance Committee The Rewlntlous . Pre sented In Two Series. r) . Washington, Dec. Senator fTim man to-day Introduced resolutions dl- recting the committee on finance to 7- InveitiplethS rentpraceedhigS70f the Secretary of the Treasury In con ' nectlon with the' financial crista and ', also to make Inquiry ' concerning v clearing house certificates, 5' The reso lutions were Presented In two series, the first dealing with. tha operations of j the TTreasury Department and the - second with clearing house certlfl- - cates, both being divided Into three sub-divisions. -' ' The first of the resolutions directs the committee on 'finance to Investi gate and report to the .Senate as fol lows: . "S- kV . - iV..J' . , , JL C THE -RESOUUTIONS. J; i "First" whether the Issue of certifi cates 'of Indebtedness bearing J per cent interest, bids for which were in-..- vlted by the Secretary of the Treas ury November. lS.TSOT, was for the purpose of borrowing- hioney to meet - public expenditures", as provided iby Section 33 of the act . approved June , 15, 1899., and If not whether there Is any warrant of law -for the' Issue of eald certificates. Second,1, whether the issue of 150; 000,009 of bonds of the Panama canal loan, bids for which were called ot Iby the Secretary of the Treasury on November ' 18, 1807, was., required to ' "defray - the expenditures on said - canal," there being at the - time when both of these loans were 'made , up- ' wards of $200,000,000 in the Treas- ury for current expenses." - s w -.4: f. ' Third, 1 whether any legislation ;; Is necessary to protect the . people and business interests of the country from the Issue of unlawful money, it clear ing house certificates are such, and to . prevent th illegal 1 Increase 'of; Wve public debt In time of peace. " The second series of resolutions di rects the finance committee "to In vestigate and report to the Senate as , soon as practicable" on the following points: ; ... w. a 1 " A SECOND' SERIES.- First, whether clearing house cer tificates ; with which rhe country ' Is now flooded have .been .issued , under authority of law or-jcontrary'to the same.-. j:i . . : - .. Second, whether the issuing of such certificates '-. .by ' an. - association " of banks, ' both State and national, 'and " whether the use of the same as money subjects euch certificates or. notes 10 the ta of 10 per 'centum provided In Section 8118 United States Revised Statutes.. ; . Third, whether "It would be permis sible under the law, m it is, for an association of banks, warehouses and elevators to ; issue certificates baaed V on cotton, wheat and tobacco,, store It In such . warehouses and elevators and fully insured, to bemused as money fn marketing said crops in the same way as clearing house certificates are new used. ' Senator Tillman asked that .unani mous consent be iven him to ad dress the Seriate on his resolution but Mr. Lodge suggested that in he absence of Mr. Aid rich, chairman of the committee on finance, the resolu tions should go over. . , . . "That 4s satisfactory to me." said -Mr. Tillman. ' SENATE SESSION BRIEF. Very Little Business Transacted Be- yond the : Introduction ' of Bills Dull Day in tho House Also. , Washington,' Dec. - 9. The Senate was In session a little more than an hour ' to-day and at 1:15 o'clock ad journed until to-morrow. , . , . ' Very little business was transacted bej'ondthe introduction of bills. The resolutions ' of " Senators Clay and Culberson calling upon the Secretary of the Treasury for information -concerning -the ; recent i bond Issues of the government came up and in the absence of Senator Aldrlch their consideration ' was . postponed . until another; day. - '.-.,.. .. . Senator Tillman presented resolu tions instructing the committee on finance to investigate . the reent bond issues, but the absence pf Mr. Aldrlch was ' urged vas a reason C why they TBhould not ' be acted upon, to-day. A resolution calling; upon the. Sec retary of Agriculture for information concerning the reclamation of swamp land in the United States and abroad r n p T . . ws aooptea.;".v;':".;..vSt");cA.:v The House adjourned at 12:10 un - til to-morrow without transactlng'any , business beyond the - Introduction of V bills, : u was stated authoritatively . that ' the House committees will not - be -announced this -week.' , -- J. JJ'y OANT STOP FAST TRAINS. V fcupreme Court Declares Ronth Caro- : lln An. I.rvl I rt M jtJ - Trains Engaged in Inter-State Com ; merve to Stop at SmaU Points. . ; - Washington, Dec. 8 The question k , vnether a railroad company can - be , " compelled upon the order of a state . railroad commission ; to. stop its fast mall trains when engaged tn , Inter. , fitate commerce was decided to-day by the Supreme Court of the United s Ctate s In the negative in the case of . , the Atlantic Coast Line Railroad Com , Tany vs. the board of railroad com fnlsMoner of South Carolina. . .The suit arose in connection with an effort on the part of citizens of the town of Latta, S. C, to secure the stopping: of t' two such trains., which daily i psws . ,. through the town upon being flagged, I, ' and the. commission ordered that stops should be made whenever the signal should b hoisted. 1 The rail road company resisted the ruling .. as . - tin reasonable. J ' v-.-v The State Supreme Court decided gainst , the companr. and it imme ; - 3lately aopeuled to the Supreme Court x of ihe United States with the result ; that the reHef sought was obtained. The opinion of the court was deliver d by Justice Peckham and reversed he decUIon of the South ' Carolina Court. The opinion held the order of the commlMrtlon to be an Interference irith htter-6tat ommercs...... the i:i:scru woiik slow. t A Total of fli Bodies Ilecovered lom Monongah mine Company Issues an Oilieiul Statement Four'h Day lias Its lU-petitioii ot , Pathetic Beenes. ; Monongah, W. Va., Dec. 9, When darkness came to-night a total of 66 bodies had been brought from the two wrecked mines at Monon gah. Rescue work while slow, was pro gressing smoothly and as rapidly as due precaution e for the rescuers w4uld permit ; It is believed that close on to a thundred of the dead will have been .recovered by daylight to-morrow. The tire which caused a suspension of res cue work' yesterday and early to-day in-ne No sVwas extinguished, -it la stated, at noon to-day. . Scenes- of touching Badness- were caused throughout the - day by the burial of the recovered dead and the pitiful actions of relatives of the n tombed vlxUma.'r"''i Jkri , - The comipany issued a statement to day in which the claim is made that later developments lead, the officials to belive there were only 2(0 men in the mine when the explosion occurred. The statement, however, is believed to be purely conjecture and no one who to familiar with conditions here takes it seriously. - It is. insisted "by miners of-the civlntty that 404 men were checked off as entering the two mines lasjt Friday morning and In -addition to that number there were many hav ing duties in the mines who are not under the check . syatem. t several times during; the day Government Expert Hall and Chief Mine Inspector Paul, of West Virginia, made examin ations of both mines. They are not ready, to issue any statement at this time. That new legislation, affecting the mining industry of West Virginia, will toe passed at an extra session of the Legislature is the opinion of Lieu tenant Governor Joeph McDermott, expressed to Th Associated Press today.- .!'-:;.;, s.i A Vf ; Over $26,000 Was added to the va riety relief funds aurjn the4ay. The report that a second explosion occur red in the mines to-day was founded. The; fourth day was a, repetition of its thyee predecessors in the matter of pathetic scenes. Hundreds .of wo men remained near- the mines all dfey, screaming nd crying until they almost collapsed. As on former days, hot coffee wast serve a M intervals toy the company to keep the unfortunate women from falling to the ground from exhaustion. Probably f. a. doseit funerals were held to-day and most dtetressing scenes were witnessed. -A pathetic Incident of the ly occur red at Mine No. .; A. foreign' wo man whoe hueband had been killed. nvau near - tne mine au aay -wra & half dozen carnation t - ,er hand. The little floral tribute was wrapped with white 'ribbons.' Shortly ' after noon her husband's body was recov ered, in. such condition that burial was necessary at once. She followed' the. wagon to : the temporary morgue, where -It was placed In box, ' and then to the . cemetery nearbv. Within An hour the entire ceremony was ac an ena, PLANS ; FOR. WA1 WATTS HOSPITAL. A Famous Massachusetts Arehltrvt Submits Them and Work on Ilur liam's Blagnillcent Institution, tlie Gift ot Mr. George W, Watts, Wfll t BegUi Probably by March 1st A Bnburban Site V- of FiftySIt Acres Secured For the Buildings i:i Special to Tho Observer.- i v ; Durham. Deo. I.-The" nlnn- n W new Watts Hospital have been prepared . muujjLcu iuia id a snort wmie "the contractors will ' submit s bid. for th. erection ot the hospital buildings. This new InstituUon for the. benefit of th people or this county is a -fif t of, Mr. George W. Watts, who rave to the city the presmt Watts Hosoital: And i a Pected that first and last he will spend iiiiiuon aoiiars on tne institution. It may be that the final expenditures by this ma- Who bam dncldxl tn ... erAn humanity through the hospital win ne a nuiuon. : i . Some time airo umti for Mr -wfn purchased on the- northwestern . suburbs of Durham, part of the property being Inside the city limits and a portion on the outside, flftysix acres of ground on wiiiun mo m ereciea tno new Hospital buildings. Civil engineers and landscape gardeners made a survev nt tha nnrtv and arranged everything for the erection ot handsome. un& modern hospital build ings. Then : the matter of preparing plans were submitted and these are the plans that have now been accepted. -. The plans were prepared by Mr. Her trand Tayor. of Boston, who is said to be the. greatest hospital architect in the world, a man Who has made a specialty of this work. ; He has prepared plans for more thaa two hundred hospitals, so. it is said, and at this time he Is employed on salary by the State of Mas sachusetts. Mr. Taylor breoared the plans for the -present Watts Hospital, wuivn una uum ucn a greai worn nere, and - also . for the magnificent home of Mr. Watts in this city. . . . The plans call for a very large, three story administration' building: a general pavilion, this Including the wards oper ating and other buildings, such as laun dry, electric lighting plant, kitchen and Hlnlnsr VAnma anil th I1 1 - . The structures will be . .ot additions can be made from time to time in order to accommodate any In crease In the work to be done. All of the buildings will be t brick and con crete and will be thoroughly fireproof. They, will Cost more than HOO.OOO-prob. ably twice that amount this not Inchid In the purchase price of the grounds nnd the equipments,! Not far from I3M, flOO will he spent before the equipment of the buildings l throhirh with. - - - Mr. Taylor has snbmltted to the con tractors the plans and blue prints for the work to be done and the Idea in that these bids must bo In and all accepted so that active work can begin not later than the first day of March.. All this is from a source that Is retiable, although sbsolutely nothing has been slven out In rsgard to the mutter,- Mr. Taylor, who spentveveral On vs here In private con ferences about the matter, has returned to Boston, and Mr. Witts left this morn m for New York on a hu-inen- trip. ' The location of the WW hosnftat Is" a beautiful irlllng site. The buildtnss will be lo;ated - In a -tweive-scre prove lof oak growth and will fane en the other property. This will b laid off Into beau tiful drives, planted in ; flowers. -grans Snd shrubbery and made k place for the convaleaceiita When comnloted there wllL not be a nrettler hospital property In entire South. ( .'', .i,,, , !.. DrsAnsflre Bill In the- Senai. r -Washington, Dec. . t-The ; Senate to-day adopted a. resolution- offered by Senator Latimer -directing the Secre tary of Agriculture to submit to the Senate a report on drainage, to In clude the location -and area of land tn the United States that are swamp and overflowed and suspeptlble- of he Ing drained and made fit for agricul ture: the area of land that has been drained tinder the laws of the differ ent States together with , the benefits that have resulted, i a summary of legislation of different States or drain age and a review -of-drainage jaws and policies of the. leading' agricultu ral countries ci iiuropa., , M BATj XEGOTIATIQXS ; OF; COURT TO SETTLE THE JIATTEH. i w JleporttHl in V.'asMnarton . -Tliat the Railroad Have Decided lo Car ' ry the I'asi-xMifrer Rate Controversy co ine l nitcd States Sunreme Court ,'or a Pinal Settlement Ouee IVr AU So Adjustment of the Trou ble In Aortli Carolina Tliercforo t.lkely Senator Simmons' Appoint- . ineni on Steering Committee Con. sldered a Well-Deserved Honor Brj'an s Candidacy a Topic Mneb IMscusaed Hounc's WaHte of Time lay Be Used a Good political 'lumidcr Aext Summer. r f ; BY, n. E. C. BRYANT. j . ,, -., Observer. Bureau, V .,;'; ..4 Congress Hall Hotel, . .-.Li Washington,. Dec.9. It Is stated as a fact here, although It has not become public knowledge, that t&e negotiations between North Carolina and ; other Southern States and certain railroads concerning pas senger rate bills are off. for the time being at least, if not for all, time to come. .Although newspaper .men sen erally have' not been-taken into the confidence of either side, It has been known by correspondents that'GOver nor Glenn," of North Carolina, and others were considering a compro mise., to , the effect that the roads Would sell to the heads of families and concerns a.J.OOOrmlle tlcket:for izo to be used by them, their farnl ll and employes; a 500-mile ticket for 112.50 and local; tickets inter snd Intra-State, for 1 1-t cents a mile. The railroads- have deciJed to carry the fight to the higher courts.' Now. they say, is the Ume to settle the matter once ,for all. r. All propositions will be ttirned- down and the cases now in court, will he tried before the Su preme Court of the United k States. This means sa great deal In North Carolina, where It has been - believed for days that the State and the rail roads were about to, get together and settle their controversy and that the rate question would soon be adjusted. ' A number of leading railroad men of the South met here Saturday, and it Is believed that the Information contained in the foregoing paragraph is correct. In making these asser tions I think that I am giving the truth as the case now stands. This laaves the cases f the Southern and toe Coast Line and smaller roads in the hands of Judge Montgomery for the present. , In the case of the South ern and the state the test! mony . of the State is in and the road has Its ready. Soon. Jude Montgomery .will take up the Coast Line. -A number- of small ; lines are involved dn this litigation. The 'decision of the State Suprem Court at Ralelgtv over ruling Judge Lonr. of the Sunerior LCdurt. who Imposed a fine of 230.000 upon the Southern, may, have 'ihaa something, to, do .with the final de cision of the roads In, dealing; iwith the matter: but It IS more, likely that the roads have concluded Chat, now is the time to ssettle, the controversy Uv the . courts,." V; 1 , h SIMMONS ON THE COMMITTEE. '. As has been anticipated in former special. Senator Culberson who sue ceeds Bailey, - his colleague. as leader of the Democratic forces in the Sen ate, appointed . Senator Simmons, of North Carolina a:1 member -of -his steering committee, with Money, ot Mississippi; Bacon, of Georgia; Till man, of South CarSlina; Martin, of Virginia; Newlands; of Nevada; Stone, of Missouri.' and Clark",; of Arkansas. Senator Simmons is a man of fins sense. This ' Committee, names the Democrats on' the committees, of the Senate. It has an important func tion to perform and it Is considered quite an honor to be, a member of it. : 3Ir.! Simmons and Mr. Culberson arc verv close friends In fact it is said here . that the Senator from North Carolina is the first man that ever urged Culberson for the place held then 'by Bailey, and he was act Ive In his behalf before It was deter mined to. make a fight for him. Sena tor Overman held the same, position on Bailey's committee. He was elect fid to the place-when Senator Gorman died two years ago without ; his knowledge or consent. ; : 'jr ; Last week Culberson was -elected by the Democratic caucus without op position but quite a debate followed a motion to elect the members of the steering committee InsteaJ of let ting Culberson appoint them, Senator McLaurin offered fie resolution which provoked the ' discussion. " Senator Overman was among those who asked that the motion be withdrawn. Sena tors Stone and Clark said that Cul berson would not accept; the leader ship unless ha was permitted to name his own committee, ior .e wouia count it a reflection to have It elect ed by the caucus. Senator Simmons was offered a place on the committee and felt'thatthe was entitled to' the honor as he had been instrumental In electing Culberson. , , There has been a little talk hers about the appointment of Mr. Sim mons. ' It ' was even suggested ' that there had risen a little, friction be tween the Tar Heel Senators over tb matter, but tr has been nothing -of the kind. 1 Senator Simmons ; helped to manage Culberson's campaign far the honor bestowed upon-aim by his party and , he was rewarded In ;thle way. ; This is the case In a nuUhell, WHAT OF BRYAN'S CANDIDACY? - Bryan and his candidacy -that Is the interesting topic here.. The .oth er day,, when Bryan visited the House of Representatives and was given an ovation, one was tad to believe that he was still the Idol of the leaders of the ; party;" but since that tlmey tn talks with men who have opinions of their own hut see no need at the pres ent time of airing them through the. newspapers, they have surprised me by saying that they ' cannot under stand the Nebraskan's attitude. . I have' In .mind two Congressmen ot mora than t : ordinary bllity-ons from North Carolina and the :other Jrom Kentucky who da not think it wise to let Bryan lead the party In the coming fight; but they close their remarks by asking. ."What are we to do?" Bryan-says that he is not run nlng but that he will take the nomi nation If It Is tendered him, U is being asked here, "What if any oth er prominent man In the country had done what Bryan did the other day?" referring to the visit he snads to the House at tie psychological moment. It looked to a new onlooker In Vienna that the peerless one wanted to see If he had been forgotten, a ;:v It Is claimed by Democrats of po litlcal sagacity that ; the time Is at hand for a change In administrations at 'Washington.'-. They believe that with a strong man at the head of the party there is a show of success. The Democratic wing of the Senate is not considered for Bryan. The, Daniel Bryan episode at the New Wlllard two , weeks ago I still told about here as tn Illustration of the state of mlod of thinking party men "But. BIG FLEET IN THE MAPS "ITGIITIXp BOB'' TAKES CHARGE Kis Flag Flunj to the Breezes from the Main Truck of the Connecticut, Which is to lie His Flagship The Assembly Day For the Flcrt Finds . Bat Two Warships Laggardx, the Mlimesota ami the Kentucky ami These arc Expected Drop Anchor In the Road To-Day Crouds of KIght-Secrs from All Parti Tof the . Country : Assembled at Old Point Comfort to Soe the Fun Second Division 10 Be In Command of Hear Admiral Kmnrf, and' His Flagship . Is the Georgia. , C : . Old Point ComforV va-. Dec. 9! The double-starred flag of blue, em blem of the commander-in-chief of the Parlfic-bound oattleehln fleet, was flung to the 'breezes from the main truck of the battleship Connecticut totrday and Beat Admiral Robley D. Evans formally assumed his position as leader of the greatest naval move ment in the history .of the American people. - This was assembly .day: tor the fleet, which .Is to .set sail next Monday morning and of the sixteen great -fighting machines ordered . to skirt the . Southernmost end of ' all America and inaugurate a new naval era in the Pacific' ocean there were ut 1 two lag;ards.s These were the 1 8,000-tonned Minnesota, flagship- of Rear Admiral . C-JHThomas csm mander of the second squadron ot the fleet; and the Kentucky, whose paltry 11,525 tons relegate her to a position at- the end of the armored column. The Kentucky also Is the eldest vessel among the sixteen, having been latd down with her. sister, the Kearsarge, In 1898, at the beginning of tha war with- Spain. : -1 - --. LAGGARDS V EXPECTDSD TO-DAY, The Minnesota and the Kentucky are bath expected to drop anchor in Hampton ... Roads v to-morrow. ; The new Maine, whch two years ago was the flagship .of the commander-in-chief, came In to-day, making four teen battleships at anchor off here. The ships are; disposed in two long lines leading in a crescent which be gins Just off the Old point pier and points toward Norfolk. The Connec ticut, which lies scarcely more" than 8,1 stone's throw from the pier, heads the column nearest shore. Next to her is her sister ship the Louisiana, and then In turn come the . Kansas and the Vermont.' all registering 16, 000 tons. These four vessels compose the first division of the first squadron of . the fleet and are the personat charge of Rear Admiral Evans. The second division In the first squadron Is made up of the Georgia, Virginia, New Jersey and . Rhode -Islands " The flag of. Rear Admiral William H. Emory, In command of . the . division, floats from the Georgia's truck. . ,4 Tha-eorgta,". Virginia, New' Jersey and Rhode Island are all of ;a type and. with a displacement of nearly 15,000 tons each hey combine the tremendous driving -force of 19,000 horses and on Vhelr trial trips have all "exceeded 19" knots: ; - SECOND SQUADRON. Awaiting Nthe Minnesota ln4hi sec ond squadron are the Maine,- Ohio, and the Missouri, of the third division of the fleet and in the fourth division are the Alabama, flagship of Rear Admiral Sperry; the Illinois and the Kearsarge. The Kentucky will com plete this division and squadron. ,, Crowds of sightseers from all parts of the' country are assembled here to witness the final pj-paratlon and the departure of the fleet. The families of most of-the ofilcsrs are also among the visitors and the week is to be crowded with social events of both formal and Informal character, the principal function to be a naval and military ball the evening, of Friday, the 18th. y ' Admiral Evans arrived this morn ing from Washington accompanied by Captain Ingersoll,1 his ' chief of staff and Lieutenant Commander Chandler, his flag secretary. ,v , : , , . . : - XO TRACE OF GALL1GIIER. i Halt In Callioun Trial Until Important Witness For the State in 'Frisco Bribery Case Can Bo Found. , - Ran Francisco. Dec. 9. The disap pearance of former Supervisor James L. Gallagher, one of the most import ant 'witnesses for the State In the bribery graft cases, and the Inability of the prosecution to locate him, to day caused the postponement of the trial xf,Patrl6k, Calhoun, president of the United Railways until January 7th. ; Mr. Calhoun desired to go to New York and was given permission oy the court to leave the state. Judire Lawler. in making the order of continuance laid stress upon ''the "absence of an Important witness for the State coupled with uncertainty of his reappearance in this city." ; " This nas erlven rise to rumors that Gallagher left with the intention of not returning to the city. The pros-, ecutlon regarded his testimony as the self-confessed "go between" between Abraham Ruef and the boodllng su pervisors as one of the strongest links against the public service ; corpora tions, y Mr: Calhoun's attorneys stated to-day that important business con net-tea with the united Railway de manded hie presence W New r York,: The postponement of the Calhoun case carried -with it the continuance of other fcribery graft cases. '; ' : .1 'I Ill ...l.l. Mil. j, . -7 ', Two Alabama Counties pry. . Cullman and Walker counties voted for prohibition by-large majorities In tho elections held to-day. Returns to- nlght indicate that Cullman county's majority will b about 800 for prohi bition. The result is considered stl the more eignlflcant as the county Is settled largely by Germans.. . what can be done?" Is asked again and again. Bryan , is to the ' front and ho one will opposa hlm.f ? ; GOOD POLITICAL THUNDER. ; ta House adjourned soon after metlnf : this morning tintll Thurs day. ? ;. It will be January before U gets down to business. , - A number of Democrats made a brave " stsnd against adjournment to-day, but they were defeated.' ? A number of people have been trying all day to guess what the Democrats . had - in mind If the House had not adjourned. Next sum mer Soma representative of the pso pie will declare In stentorian tones that there. Is "great waste of time at the capital. Time Is precious every, where but at Washington, hs will rga. ;,;;':, - 'j ' : ' ; -S .- IN 0 RIGHTS ABE WAIVED ATTOUXEYS WERE FOR CIL3IER. Governor Glenn Take Cojmiitance of an Editorial In The Wilmington Messenger Relative to His Conduct or the Case Against the boutiK-m and Says That Attorneys -v Aycock and Juslioe ADneared Fur Attorney General Gilmer and Not -For .-the , State Books of State Treasurer to : Be Examined A. A M. Exerotlve Committee to Meet Xext Week , Insurance Company Debarml l-roiu . Doing Business In tlie State ouv er Rttlelgh Xews of Interest. . : Observer Bureau, ' The Holleman -Building, i - k Raleigh. Dec. 9. ; Governor Glenn said this, morning that- his ; attention had : been called to an editorial In The AVnimtngton Messenger and cdpledTR ThRale1g-h Evening Times, In which It was stated that he was greStly worried an J was seeking to compromise with the South ern; Railway because, on account' ot his cbnduct. the State had waive J cer tain or its rights to plead the eleventh amendment to the constitution against the - railway's right to recover. .The Governor says he does not ' attribute bad motives to the article, but hopes It was written from a misconception -of facts and not hlentlohally to in jure mm. He said jtnaiwnen Attor neys E. J. Justice and C. B. Aycock entered their appearance In ; the Southern Railway suit- against , the corporation commission and Attorney General - Gilmer, they specially and specifically entered their appearance for -the defendant, R. D. Gllmfr, and not for the State -of : North Carolina, thereby walvln no right of. North Carolina In the matter.' The Gover nor said, further, that when the rail ways came to him saying thT would out the legislative rates into effect and was agreed that further indictments under the penalty act snouia stop, u was specially put In the written agree ment that nothing : contained In It should In any way affect the Juris dictional question or any other right the State had under , Article 11 of the constitution. The Governor stat m that - h had asked the opinion of no one regarding a waiver of this right, as he knew very wen no waiv er had been made by hlm. . One at torney who was not present at the conference, wrote, making some sug gestions, but when the matter was explained to him he was . perfectly satisfied that no rifhts naa wen waived. The Governor said In con clusion that on the question of Juris diction 'a had no fear whatever that r-ore-e-tln the State, he had waived any right. ANOTHER TOWN VOTES DRY. While your correspondent was talk ing with the -Governor about this niat im . tWirrfim came to bis excellency trom LaGrange.'.where'he had spok en last Friday night, saying that the town, which had been a stronghold of the Ilqttot forces, bad gone dry. The total registration-was 148, and at a n.wir as votes had been cast against liouor and, only, for" Itrso that then? was a victory at the very outset ; ' '' ' i The Governor offers V a reward or 8100 Tor James S, Hoiiman. jor mur dertnr J, C Gonnally last October. In Mitchell county, by shootlnx him. A brother of Connally also offers 2100 reward for the murderer. This afternoon Senators Holt and Turner and Representatives Blount, Owen and Ptlckley arrived and be gan the examination of the books of the Stat Treartiry. -They w ere ap. pointed bv the Legislature to do this work, their title being commissioner-, Thev will also . examine the books, vouchers, etc In-i the offices :of the Auditor and Insurance Commissioner, Next week the executive committee St the trustees of the Agricultural and Mechanical College will meet to Inapeet the farm. It Is the purpose to make It a great object lesson in the war of farming. A professorot agriculture will ! also be elected for the college, v ' ' ' . CHARTERS OF YESTERDAY. A charter Is granted the Mutual Insurance Company, of shevllle. which is a slck-llmlted organisation. J, W. O. Garrett and others belqg named as Incorporators. . r,. ,7 , Another, charter goes to the United Order of St.- Luke, colored, of Ralelrh, a -benevolent organisation. The Perroflx Company, of Charlotte, Is authorized to change Its name to the Armature Winding and Perroflx Braxing Company. , ... A. charter is granted the New Lon don Development Company, to. make yarn,- cloth, - etc. and to do a gen eral real estate and development business In Stanly county, the amount of capital stock being $100, 000, F. A. Sliver , and others being the stockholders. -- JANUARY INSTITUTES. . ' Dr. Talt Butler, who has in charge the farmers' institute work for the State, to-day made up the schedule of the ' weather4 Institute! In north eastern North Carolina, which , be gin January nth and run until the last day of that month. The schedule follows: Rlchlands, Janu ary 14th; Maysville. 15th; Bayboro,' lth; ?Newbern, 17th; - Wllllamston, 18th; Plymouth, 20th; Creswell, 21st; Columbia, 22d; Eden ton. 24th; Hert ford, tftth; Shlloh, 27th Moyock, 28th;, Elm City, 29thj Aulander, 80th; Windsor, 81st, In the morning, and Swan Quarter In the evening. Ten street pavers arrived to-day from Norfolk to increase - tha force which is putting down pavement - on the principal streets here, where the street- railway v Is doing double: iracklng-. The company has enclosed Its power house with brick walls and a, new metal roof and is putting up a steet suck ivo reet nigh . and 1 feet ln,'diameter.1 f The comesnv has bought land tn front of its plant and on tnis win ouiid another car barn. Early , next year more cars sra to be bought from the High Point Car Company, which has furnished some excellent -.ones."-- cvv;.rv... 1 A Insurance, . Commissioner - Young notifies - the . Providence - Life As surance Society that it can do no more business In this State until it makes good the- 'impairment which has been revealed by the investiga tion recently completed. : I- - ' 1 ' 1 1 ,': ' i Charged WUh Crooked Work, ' Birmingham, -.'AW' Dee, ts-tyi i "tl, Sims and P. G. Smith, formerly man agers of brokerage exehnuires In'thls elty, were placed on trial in the Fed eral Court to-day on the charge of aiding ' and abettlrvr Alex R. Chisolm In embezzlements from the First Na tional Bank tost year. Chisolm was convicted of embeisllng 197,000, which it is now charged was spent with Sims snd Smith In speculations on cotton. The entire day was spent in argu ments on a motion to quash the In aietments. MIXES TO OrEX THURSDAY. Union Men Will Be Shut Out and the (ioklncld Mine .Owners Say Tliey Will Do Business Governor Sparks . to Investigate the Situation Person ally. . -K'.::; , Goldfield. Nev., Dec. 9. The mines of Goldfield are to;'" be re-opened Thursday next The wage scale is to be .'reduced. No : members of th Western Federation of Miners will be given employment Meanwhile men wfll be bpought here to the number of 600 to take the places of the strikers. Such was the decision of the execu tive committee of the Mine Owners' As sociation reached to-day. The change from Wednesday to Thursday was made to allow time to get -men from other points to replace the strikers.' Officers of the Mine Owners Asso ciation assert that thev are depend- tr4riargeb-deeertera from the fed eration. Thev wlll permK men oe longing to the" American Federation of Labor, or affiliated unions to go to work and will not bar men belonging to anv labor organisation xcJt the Western Federation and the Industrial Workers f the World.. - vs? v - The streets of Goldfield are crowd ed with men and the air is filled with n-wny wild rumors.': -'Wi;.::" C. H. Macklnnon. president of ths Goldfield Miners' Union, said to-day that he' did not believe there; would be any 1olence. . - Governor Sparks will come to Gold field Thursday. The troops now hers will be scattered throughout the camp and will practically guard the mines. The card system, as used at Cripple Creek? will be Introduced. Frank A. Keith, generali manager of the Tono paa Mining Company, and other prominent mining men from" other camps are here in consultation with the GoWfleld owners. - A street brawl took place on Main street to-dity when a member of the Western Federation of Miners called a soldier a vile na'me. John Davis, who was walking with the officer, grabbed the offender and held him un til another officer arrived. An attempt to draw weapons was prevented by bystanders. : . ' ' '. DEAD MAN A BANKRUPT. J. C Cllnard. of Wlnxton-Salem, Who ('omniltted Suicide Sunday. Ad judged . Bankrupt Yestenlay by - Judjre Boyd Swwllsh , Lecturer to Sneak IVrsonal Xotcs. ' Special to The Observer. -'( Greensboro, Dec, 9 Before Judge Jaines W. Boyd In TTnlted States Court hore to-day J C. Cllnard. a merchant of "Winston-Salem, wus. upon his own pi-tltlon, nd.ludited bankrupt. The llaiilll tles are 12, GOO and the nomlnjil assets ahout 8S.W. The matter was referred to Major J. E. Alexander, referee in bank ruptcy at Wlnstcn-SnlPin. Mr. Cllnard Mod his petition Saturday snd commit ted suicide yesterday morning at his home. , , - 1 A marrlnse will be celebrated at tne home of Mr. and Urn. B. B. Miller, at Alexandria. p;i.. at 4:?0 n. m.-, December Mth. , when their i.uuf titer. Miss Anne Mnnsnret MHIpt, and Mr. James Leroy Mnnold, of. Greensboro, were Joined In wedlock. Mr. Menold I traveling audi tor for the southern Railway. Mr. Chsrlf s Jansen, the ' Swedish lec titrxr. will dollver a lecture hi the chapel of Lindsay street school to-morrow even ing at. 8 o'clock under the ausplcen of th senior and Junior A elawes. which liny charge of the Improvement Of chic work lt the schools. . ' ; Mrs, J. c Ileisce was cnlftd to Balti more Saturday by a inesMare tofrtfriln? Ier of the death of her sister. Mi-s Rose Irtn Eckel. - 1 , (MIps Ads Swalm. whose h"lth has been poor fer over s yr. has been tnk to Rlphmond. V,i ... for treatment by Dr. J. Alllwin lfndri. She aecom nanled to Richmond by her brother. Mr. Loa-nn Swalm. nnd Dr. Thomas R. tJttle S"d a trained nurs. 1 Mr. G.-'A. Grlmnlfi iereary of the Securltr Life and Annuity Compdnv. in recovering from an nttac k of malarial fe'-er. Their manv friend throughout the State will s"n with ffftwr .ntsne thai Dr "d Mr. W. A. Ixsh. who nrfc at lift SpiIncs, Ark., are both Improv ing. . , MANDAMUS XOT GIVEN. ,Tn'r Onion Dwldcs in Favor of herlHc A Wemien in tin Matr rt' ClAains- Ihe Rsloona January 1st Petitioners Appeal tx Snprrm 'v ronrt. Splnl to Tb Observer. . Ashevllle, Dec. 9 -In Superior Court to-day Judge Gulon h-ld that the board of aldermen of the city of Ashevllle had no authority to extend the lie-sue of saloon-keepers, i The saloon, proprietors, through their attorneys, construed the law to mean that they should have six months In whlj to close out stocks on hand: that the Prohibition election In Ashevllle was held October 8th and that, tnerorors, tne saloon men should fiuve until April 7th to clost out. The board of aldermen, on the advice of the cor poration counsel, recently held that It had not the power to extend the licenses and the petitioners, the saloon proprte- tcrs, appealed 10 inc court, cuing tu city authorities to appear and show sause why a writ ot mandamus 'should not Issue to compel them to grant the extension, ' The only point presented to the court In the mandamus proceedings to-day was whether the board of alder men had the power to grant the exten sion.' Judge Gulon held that It has not. The petitioners will appeal te the Su preme Court snd have that tribunal pass on the point The ease will go up on agreement of facts, SHO-IBY PLAYMATE. An Asherllle fd at IXrath's Door as Result of a Bullet Wound. Special to Ths Observer. - , - v Ashevllle, Dec I.-Corolos Ooldsmlth, 12 year of see and on of W. W. Gold smith, of this city, was shot and prob ably faulty Injured at his home on Broad street this morning by a boy nam ed Blackwood. It Is not known wht-ther the shooting was an accident or purpose ly. Mr. Ooldsmlth said that he had for bidden the Blackwood boy the nrlvtlea-a of his home and warned him to stay awavyinai ne naa aiso roroumen his son to associate with th Blackwood bey. This morning the latter went to the Ooldnmlth home not far distant and to the Goldsmith boy's room where the lad had a 53-cattbre rifle. It Is said that the U'iMsmlth 4 boy started - from the room while the other lad was fooling with the gun and that In leaving the door the rifle fired and bullet entered the ehlkt's left side. Three phyalda ns were sum moned and an effort mado to find the bullet but in vain, : The lad is danger eiiNiy rurt. although It Is hoped that he win recover. It Is believed that the shooting was an accident. - The boys had not fussed and It Is not believed that the Blackwood boy deliberately shot his playmate, lie left;, however, immediate ly after. the shooting. - .; Waterworks and Sewerage -Carry At f jfw-f ; .MSXton, ;:, Special to Tha Observer. J ' n Maxtotw Dec. 9. Tho election to day was carried for a bond issu for waterworks and sewerage tor the town of Maxton. by a good majority. ?.' Maxton, ; Dec. .-.For waterworks! 81 o 88, Scottlfh Chief Ernies th largest rooster ever In Maxton with, "Watch Maxton crow, now It's ready to grow." FAMOUS HOGE11 CASE Ur 3IOTIOX 3IADE TO DLSCOXTIM One of tlie Most Celebrated Cases i 1 the lll-tory of Itallroadlng iu SoutU . , Carolina, a Suit Drought by au Act , of Uic LfjrMature to Test the Cn MttiiUonality of On of Its PitvIoil Acts, Called Yesterday at Colum L bla Attorney General Lyon Moves v.: to Dlw-jntlnue the Cse and Sets .- Ont llbt Reasons Therefor Doe : Not Want Hlinwir Used as a AMilte M ashing Machine lUory of This ; Famous Idtlgatlon. Observer Bureau. " ' 1422 Main street, - Columbia, 8. C. Dec. 9. After three hours arguments on; tha motion to discontinue In the fam ous "merger case" against the Southern Railway, a suit which the Legislature byranTacri)aM?dIdur rected the Attorney : ; General's ! - of fice to bring against the road to test the constitutionality of Its act passed . in February, 1902. authorising ' the consolidation of the Ashevllle A Spar tanburg, 4he South Carolina ft Geor gla,i the South Carolina, 4V Georgia extension and the Carolina Midland roads and the leasing of the merged properties by the Southern Railway, Judge Klugh continued the hearing until to-morrow morning, when sever al more arguments will be heard. - At to-night's .' hearing Mr. ' Lyon gave as his principal reason for sk ing for a discontinuance the report he had heard, which he was confident of confirming, to the effect that Im mediately after the Southern acquired- ing dines it raised . freight rates to points on them but that this year the rates had been put back in anticipa tion of this trial. Division' Counsel B. L. Abney ridiculed this, saying; the rates were on record with both the State railroad commission and the inter-State railroad commission and the facts could be secured without dim-, culty. Mr. Lyon said he learned this after making the agreement with Mr." Abney last spring to have the case tried this year and that therefore, the agreement should not be binding. Mr. Lyon said he would not dave the State go to trial and have himself used as a whitewashing machine unless fore ed by an order of the court to do so. BEGINNING OF LITIGATION. i The act of 1902, which was passed alter the railroad commission had recommended such a measure in or der that the properties - might - be strengthened and Improved., is claim ed to be in violation of the constitu tional Inhibition against ' railroads owning or controlltns; parallel or con necting lines, but this act of 1804 to test the constitutlonallty-of the form er act and the validity of 4 he tesse cuts off 'the 8100 -penalty, and the consequence la that a number of law yera formerly engaged in the case have dropped out. ? r ,' Tie act of 1904 was passed upon the recommendation of Attorney Gen eral Gunter, who. however said noth ing In his recommendation about cut tin? off the penalties,- which .the con stltutlon provided should go half to the Informer. - General Gunter Instl tuted suit In May. 1904. but did not press the case on account of lack of tunas, nnauy ne case was, cauea in the Circuit Court at Camden, and af terwards a great volume of testimony was taken by a soeclal referents bear ing on the five issues of fact Involv ed. CONTENTION'S OF THE SOUTHERN This has been one of the most cele brated cases In th history of the le sal side of railroading In this State. The railroad people have contended Jrom time to time that the whole (Urht against the Southern on the ground that it was violating- the constitution in controlling these lines was brought on and kept up to feed a lot of law yers, some of these hoping to float Into office and others hoping to fed well on the penalties should: the esse be decided ejalnst the road. The rail road people say that. If the Southern Is compelled t relinquish these lines, they will become so run down as l be practically worthless in - a few years, it being impractical to operate them as separate concerns, and that the public wilt suffer through In creased freight rt "rates, . shipments from one point to - another over sep arate lines being based - on rates of the sum of the locals,-less .: 20 per . rent -.---- 'i.-..: The railroad people further claim that the litigation is injuring the serv lee snd retarding Improvements that ore urgently needed; that it Is lm-? possible to float bonds on ths prop erties for Improvements as long as these constitutional doubts remain. Tn Governor Hey ward's .administration Mayor Rhett urged the Governor lo take steps to have the cs -brought t a termination in order that the road should have no further excuse for de laying improvements; on the Charles ton terminals and lines leading Into Charleston, and Governor Heyward made vigorous efforts to get the case tried. Out twa auornrys UTiwrw ,n died in office since then. Which ac counts for much of the delay. ,.r t THE OTHER xSIDE.. ' " On the other hand, those hoping lo see the road lose tn the fight con tend that the Southern has openly vio lated tha law for five years and should be prosecuted; that; th tariff schedules clearly snow mat treigni . rate have not been, reduced, but on the contrary have In a, number of In stances been ' (rreatly Increased. , and that by the power of its lease the road has discriminated In Us rates t. tha Injury ot soma important locali ties -'-t,yk ;s:;r!X-i ;'w':rU,'''::--','; nig Schooner Abandoncil Off ITattma New York. Dec.. 9. The four, masted schooner Thomss A. Ward, of Manasquan. N. J., which was bound . from Jacksonville, Fla., whence she sailed December Jd to New York, with a cargo of railroad ties, was abandoned in a 1 water-logged eon ditlon and set afire at sea early last Saturday about 180 miles south of Cape Hatteras. N.- C. Her crew of 10 men was taken off by the schooner Judge Pennewlll,. which Is on Us way to New York from. Chariest on. The Thomas A.'. Ward was a vessel of 739 tons. i. She was built at Camden. N, J , in 1891 and was owned by Benjamin Lyman, of Manasquan. N.,J. - i; Tragedy In Georgia Wood. 'Valdosta, Ga Dee. 9. News has just reached here of the '-killing of K.1 J. ! Mercer, vesterday. bv- book keeper W". W. Fenninston at Cul brelh's camp in Evhols county. M?ror Started a quarrel with Pennlnstfim and fired at hinttiree tim. io nlngton returninl the fire. Mpiyp r dropped Jend from two buHets In vi tal spots. There had been tul b! , ! between them. . ...
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 10, 1907, edition 1
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