Newspapers / The Charlotte Observer (Charlotte, … / Feb. 21, 1908, edition 1 / Page 1
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. - r 7 7 I Rvfi wy.o 1 STJBSCBIPTION PRICE : :. $8.00 A- YEAR. CHARLOTTE, N. C, FRIDAY HORNING, FEBRUARY 21, 1908. PRICE FIVE CENTS to I SENATOB LATIMER DEAD 7 EARNEST AND HONEST WORKER ' fijft Four ' Day Suffering From Peritonitis, Asbuxy C-. , Latimer, "T Senator From Booth Carolina, .' passes Away at Providence Hos- ' i pltaL Washington One of the "' ' Most ,' Earnest and Conscientious vV VA Committee Workers In Congress ; Antlior of the Latimer Good ' RomIi BillNo OfflciaJ Services In , Washington, the Remains Being Carried to Belton, Where the Fun eral Wlll'Be Held This . Afternoon at a O'clock Both Ilouaes Ad; . ' Joora. " Washington, ' Feb. 20. Senator Anbury C Latimer, of South Caro lina, died at Providence Hespltal at 1:15.. m. to-day, of peritonitis. He ' had ' been at the hospital since Sun day last, when he underwent an op eration for appendicitis. It was then discovered that he was .suffering " with a far more serious ailment. The bowels had become twisted and his condition was found to be such that surgeons held out little hope for his ! xeeevery. He rallied, however, and his "progress was satisfactory until 7 o'clock last evening- when he steadily j began to grow worse. At midnight It appeared that recovery was Im possible. ' . " FAMILY AT BEDSIDE. ' , The members of the Senator's family were with him when he died, having: been Informed that there was little hope that he would survive the night. Colonel Bandsell. sergant at arms of the Senate, at once made arrangements for the removal of the body-to the Latimer home at Belton, S. C, '.-..' Mr. Latimer was ST years of age. He was one of the most earnest and .' conscientious committee workers in Congress, being a member of - thoi rommittees on agriculture, immigra tion, manufactures, public , buildings : end grounds as well as others of less importance. He was especially in terested in good roads and probably did more to promote the - national movement for , government building -'of good roads than any. other mem ber of Congress. He was the author of th Latimer good roads bill. As a member of the manufactures com mittee he gave much attention to the h,AnaMAn (if ihtx TiurA food law and !ho blared a nromlnent part lii drafting the pending copyright bill. During last summer he visited Eu rope as a member of the Immigra tion commission and was preparing en elaborate report covering Immigration-conditions In the countries assigned to him. Mr. Latimer had been a Senator since 1903 and had served five terms In the House. , There wHl no no official sendees in Washington. The funeral party left here at 8 o'clock to-night on a, , special train over the Southern Rail- . -way, -which, is due. to arrive at Bel ton at noon to.morrow. The fun rrar aeryices will be held .there , at 2 i iV nx. "l ' " ' " ":"--" ' " As a mark "of respect to" the late Senator ihere was air unusual atten- rianca In the Senate- to-day when the Vice President sounded the gavel ' and TteV. Edward . Everett Hale, f: c haplain, ' opened - the proceeding With prayer In which he referred with "much feeling-to . tWe bereave ment that bad co-ne ,to the country ". In the death of a member who only a few days' ago had beeri on the floor of the Senate, saying: V .J THE CHAPLAIN'S PRAYER. "Father, Thou art pleased to show to ua day by day, month by month, hour by hour that we are In Thy presence always and that we pass from this life to that larger life, yes, In an Instant, in the twinkling of an . eye. Come to us to-day as wo learn that another has gone from this cir cle and that he and Thou art pleased .. that he shall be serving Thee In larg er life. Speak to us Father and lead us as only a father can lead us ry 'J Thine " own care and love that wo ; may learn the lesson of life and of what we call death. "We ask "for .ourselves, we ask for those who are nearest and dearest to us, we ask for the State that he has served and for th,e nation that - ne may come nearer to j. nee ana en tr Into Thy divine life." - Upon the conclusion of the' read ing of - the journal Senator Tillman arose to announce the,' death of his colleague: . "The Senators In tlie chamber," he said, "wera . startled Monday morning with the news that a surgi cal operation was to be performed upon my colleague, Mr. Latimer. It is how my painful .duty to announce that he never sufficiently rallied to make any headway and that he died this morning at o'clock." - Mr. Tillman then ' offered a reso lution declaring the Senate's regret Which was adopted. i An- additional resolution authorls- - ed the appointment of a committee of Senators to arrange for and at- - tend the funeral and Vice President ' Fairbanks designated the committee ss follows: Senators Tillman.' South Carolina! Proctor, Vermont: Frazler, ' Tennessee; Foster, .Louisiana: Over man; - North Carolina: Johnston. Alabama: Carter. Montana; Dilling ham. Vermont; Dixon, Montana, and Smith, Michigan. The Senate at 12:30 o'clock, as a further mark of respect, adjourned until to-morrow. I COMMITTEE FROM THE HOUSE. In the House Mr. Flnley, of South i Carolina. ' feelingly referred to the , death of S-nator Latimer. He offer ed resolutions of regret which were . unanimously adopted. v- The Speaker announced the foli lowing committee to attend the fun . v era): .Messrs. ; Flnley. Lever. Pat , terson. '.' Ellt'rbe. Legare. Johnson, j - end Aiken. South Carolina; Bennett, New York; Burnett, .Alabama: Cook. Colorado: Rodentmrg. Illinois: Hin- shaw ani ( Pollard. Nebraska; Lee, Oorgia; DeArmond, Missouri; Webb, North Carolina; Falrchiid, . New York; Kustertnan, Wisconsin. , t As -a further mark of respect the House at 1:12 p. r.i. adjourned. The immigration commission, of Which. Senator Latimer was a mem ber, adopted resolutions of regret for bis death, saying "his associate on the Immigration commission desire to -express not only their sorrow at Senator Latimer's untimely death. . but ili-o their recognition of his seal ous sf-rvlce as a member of the com ' mission and of the energy and abll- ' Ity which he brought to the per formance ef this Important" public duty. To the family of Senator Lat imer the" commission nrs its deep . est sympathy in the heavy affliction which has come upon It." Pfnator Tillman o-day telegraph ed to Jovemor Ansel, of South Caro lina, Informing him ef the death of (Continued on Page Eight). F0BEIGNEES ON BAMPAGE BIQ RIOT IN , PHILADELPHIA Army of One Thousand - Forelrners Jtlarchfea Through Streets of f nua- delphia. Precipitating a Riot Marching Toward City Hall to Make Demand Upon Mayor For Work When Police Answer " Riot Call Sent , In -Citizens Hurry to Rescue of Driver and a General Fight Is On After Much Clubbing Police Succeed to- Dispersing jiod, Arresting the Leader and Thirteen .of the Rioters Twenty Persons Injured. . . ' Philadelphia, Feb. - 20.-The march- lng-.W nearly 1,000 foreigners upon city hall where they said they Intend ed to make demands upon Mayor Rey- burn for work, ' precipitated a riot In Broad Street In the heart of the city. late this afternoon, tn wmcn zo per sons were Injured before tne pdlice by Dicturesaue and heroic metnods, ais persed the marchers and arrested 14 of them. - The men. most of them Ital lan and Eoles, marched from the for eign settlement in the lower section of toe city. They Intended to call on the mayor as a preliminary to a meeting which they intended to hold in a hall to-night. 'The leaders and a score of others In the line carried red flags having a black border. When they reached Broad Street, a few blocks below the , city hall, several wagons attempted to pass through the line and the drivers were dragged from their seats' by the marchers and badly beaten. . POLICE TO THE RESCUE. Policemen ran to, the rescue of the drivers and a riot call was sent In The motor bicycle police were sent fly ing through the centre of the city and rounded up the entire mounted ponce squad the big reserve street squad and all patrolmen, who were hurried to 'the scene In wagons and automo biles. The reserve police force from six central districts were also hurried out. . A number of persons who were watering the paraders got Into tho first disturbance and when the big re serve force of police hurried, dowa upon the marchers, a general riot was In progress. Some of the . marchers drew revolvers 'and began firing at the police, and the mounted officers riding Into the centre of the fight used their battons right - and left upon the heads of the leaders. In the melee, three policemen, were shot and nllrht ly wounded, and Charles Munu, who was watching the fight, was struck la the leg by a stray bullet. Reserve of ticer Plott was beaten unmercifully and Is In a hospital, as is Policeman Smith, who first went to the rescue of the drivers who were attacked. Har. ry Drudlng one of those, was beaten and nearly stripped o his clothing. and 14 participants In the demonstra tlon were so severely clubbed by tho police that they had to be sent to a WKTEEN UNDER ARREST." These fourteen were "either foremost In the ranks of the marchers or were flag carriers, who were singled out by the police and arrested when It was ascertained that the men had secure! no permit from the city officials to parade. , ThS clash with' the -police occurred directly in front of one of the big note is on- .Broad street and for a few moments , it looked as though me marchers would sweep into the place. Joseph Troi Is declared by the police t4 have been the leader of the march ers, while Dominie DonetU and Michel Costello were assistants. Donettl, ac cording to witnesses, is the man who """v una m uio policemen ana wltn mo umcr iwo ne was iOCKea up on charges of Inciting to riot and as sault ana battery with intent to kill. The other 11 prisoners are charged with inciting to riot Nearly all of those arrested carried weapons of some sort. They deny being anar cnlsts.' : r .-7---:- v DEATH CAME AS A Sl'KPRISE. Mr. Latimer Seemed, to Improve Steadily Until General Peritonitis et In-i-A Special Train Bearing the . Bod Home, ... Observer Bureau, 1 . Congress Hall Hotel, ' Washington. Feb. 2f. ,; The death of Senator Latimer, of South Carolina, came as a great sur prise to his friends here. It was known that he had been near the end before the operation last Sunday night, but his condition since that time seemed tp Improve steadily un til last night. Early yesterday even ing symptoms of general peritonitis began to occur and alarm the physi cians. As the night progressed the signs became more evident and be tween the hours of 3 and 4 Mr. Lati mer suffered violent pain and his pulse was very weak. The end was In sight. It being Just a question of a few hours. General peritonitis had developed and there was no hope. Mrs. Latimer, who had -"been at the bedside of her husband all the while, had the children summoned. They came at 8:15 e'ciock. The last hour ii lite was made more bearable by the fact that the body became par alyzed and the mind quickened. The delirium passed and Mr. Latimer rec ognised various members of his fam ily -.The funeral party left here t .8 o'clock to-night and should pass Char lotte about o'clock to-morrow. A special train carries the body, the escort and the mourners. Sunday Senator Latimer underwent an operation for volvulus, which means twisted intestines. His friends 6elieved that he was out of danger until last night when a turn for the worst came. Senator Latimer was very popular here with those who . knew him and his family. The guests of Congress Hall Hotel, where he lived. maJe up a purse and contributed a large and beautiful bouquet of American Beau- .ties to the floral offering, and passed resolutions or respect. Among those who were In the -death chamber when the summons came this morning were: Mrs. Latimer, who before her marriage was Miss Alice Prown. of Belton. S. C. ami her five children: Mra Mrtin L. Heard, of Elberton. Oi.; Mr. -Carroll Latimer, of Atlanta, and Misses.Anna. Olive and Sarah Latimer, of Belton. Rlxliop Dtmm" -Condition Some - wlint Improved. Ppecial to. The Obsfrrver. Spartanburg, a C. Feb. 20. BUh op W. W. Duncan's condition is some what Improved. , He seems stronger and his mind 1 clearer. He recog nized the-members of his family to day and talked with them. Ills phy sicians ray that while he is a very 111 man there is no Jmmedlate danger of the end. GEN. SIOESSEL CONVICTED SENTENCE OF DEATH PASSED Russian Military Cto&rt Condemns "Hero of Port Arthur" For Sur rendering - Fortress Before All, Means of Defense - Had Been Ex haustedCourt Recommends That Sentence Be Commuted to Ten years' Imprisonment Members of His Former Command Ask For - Pardon, Saying That He Was the 6ouI of the Defense of Port Arthur and That In Case of War They Are Reaciy to Serve Under Him Again, St Petersburg, Feb. JO.dJeuten-ant-General Stoessel was condemned to death" this evening by a military court for the surrender of Port Arthur to the Japanese. General Fock, who commanded the fourth east Siberian division of Port Arthur, was ordered reprimanded' for . a dis ciplinary offense, which was not con nected with the surrender, and Gen eral Smirnoff, acting commandant of the fortress. - and Major-General Reiss. chief of staff to General Sto essel, were acquitted of the charges The; M If n. 1 11BL LllC ill iui lav (X vs a w court recommended that the death sentence upon Lleutenam-uenerai Stoessel be commuted to 10 years' Imprisonment In a fortress and that he be excluded from the service. STOESSEL UNMOVED. ."7" ; General Vodar, . president of the court, rtad the sentences - amid a tense silence. A By a great effort of self-control General Stoessel main tained a rigid soldier-like impassivity. General Smirnoff also was seemingly unmoved, but there were teara: In tho eyes of General Relss. ? . v - '' The sentence of death ' was pro nounced upon General Stoessel , "for ,u. Kofnrn -all hausted, for failing to enforce -his authority and " for military misde meanors." ' ' J ' Commutation of the sentence was asked on the ground that "Port Arthur, beset by overwhelming forc es, defended Itself under General Sto essel's leadership with unexampled stubbornness and filled the world with astonishment at the heroic cour age of Its garrison; that several as saults had been repulsed with tre mendous losses on the part of the enemy; that General Stoessel thought the siege had maintained the herolo courage of the defenders and finally, that he had taken energetic' part in three campaigns." Before the.' sentence was ' read, measures were taken to prevent a demonstration in favor of Stoessel by a number of the younger officers and witnesses who were present.' These later sent a dispatch to the Empress saying that they would humbly bear testimony that . General Stoessel was the soul of the defense of Port Ar thur, that he- had always encouraged and put heart in the garrison and that in "case of war they would wish to. serve again under such a hero. They sasked the Empress, graciously to -bespeak from the Emperor a full pardon.- -. ' - . A DRAMATIC SCENE. There was a dramatic moment af- te$ the reading of the sentence w. en a aetaenment oi - soiaiers niea into the hall. The spectators ' thinking that they were about to seize Gener al Stoessel, displayed great excite ment, several women ' fainting. It developed, however, that this was merely a guard fpr the disposal of the court. General . Stoessel, who was accompanied by his son, waa the ob ject of a sympathetic demonstration, friends kissing and shaking him by the hand as he left the court leaning on his son's shoulder. A public festival Is being organised by the municipality, of St. Petersburg in honor of the defenders of the fortress. The passing of the sentence of death 'upon Lleutenant-General Sto essel Is a harsh and tragic ending to the career of this Russian command er who, three years ago, was acclaim ed' around the world as the "Hero f Port -Arthur." The basis of the Indictments upon which Lieu tenant-General Stoessel, fourth east Siberian division of Vort Arthur, and Major-Genera) Reiss, chief of staff to General Stoessel, Were tried for their lives was a secret report made by Lleutenant-General Smirnoff on' the defense of Port Arthur. Smirnoff was acting com mandant of the fortress, Stoessel fee ing commander of the Kwang Tung peninsula Smirnoff categorically ac cused Stoessel of cowardice and In capacity, and Anally of the deliberate and treasonable hastening of the sur render to save his own life and defi ance of the decisions of two succes sive councils of war. General Smirnoff declared that the fortress which was surrendered to the Japanese January 1st, 1903, could have held ou Xot six weeks longer. t . . The stands taken by Generals Sto essel, Reiss and Fock were that the fate of Port Arthur was sealed with the capture of the "Eagle's Nest" and two other positions. The indictment against General Smirnoff charged him with having failed to remove General Fock from his command, although. he suspected the agreement between Generals Sto essel and Fock to surrender the fort ress. : Ahatole MIkhailovltch tStoessel was born in 1848 and entered the army in 1864. He comes from a family of military men. He served with the Bulgarian militia during the Russo Turkish war of 1877-78 and partici pated In the Chinese expedition of 1800-01. He was the first command er to enter Tien . Tsin during the Boxer uprising and rose to the rank of major-general for dash displayed In the attack on the Chinese capital. ! Stoessel has been a most severe disciplinarian. It Is related of htm ' that he has sentenced many men tel death for Infractions of the regula tions. Vote on Brownsville Question Tues day. Washington, Feb. 20. The Browns villa question will be voted upon by the Senate committee on military af fairs on Tuesday next, according to an agreement reached to-day. The majojrity of the committee will vote to endorse the action of the Presi dent in . dismissing three companies' of three negro soldiers of the Twenty fifth Infantry on account of the raid n the Texas town. Senator Koran or will make a minirlty report. It im nr-t been determined how many will Join In his view LILLET WANTS INVESTIGATION. Offer ' Resolution ' " Providing For Committee to Investigate Conduct of Boat Companies Respecting Past and Proposed Legislation Be fore Congress lndtng to Be. Re ported to tlie House. Washington, Feb. 20. A resolution was offered In the House to-day by Mr. Lilley.mof Connecticut, providing for the appointment by the Speaker of a special committee of Ave members to investigate the conduct of the Elec tric Boat Company of New Jersey, and their predecessors, the Holland Boat Company, respecting the meth- ods employed by tne said companies 4 wUk w n 4 a r A tie(naaa1 la-connection with past and proposed legislation before Congress. The resolution empowers the propos ed committee tJ compel the attend ance of witnesses, administer oaths,' etc., and requires the finalngs of the committee to be reported to the House. The resolution was referred to the committee on rules. , The proposal of a congressional in vestigation is an - outgrowth of the refusal of the House committee on naval affairs to V support President Roosevelt's naval construction pro- gramme. The . President personally backed tha Nevy Department in its request for authorisation of the con struction of 4 battleships, 10 torpedo noat destroyers, 4 submarines, etc. The committee cut the battleships to two and . raised - the submarines to eight, and in connection with the lat ter craft adopted the Loudensiager amendment providing that they shouH be of the type of the Octopus, unless a superior-type should be offered and) demonstrated by Oetobor 1st, 190S. It I was at once pointed out by tie friend of the President's programme, among them Representative Hobson. of Alabama, that, this provision practical ly delivered , the contract Into the ' aeiiverea mo contract into tne months is the time required to build a submarine, and the time limit of October 1st gave a period of only t months to build a competitor craft. Another effect of the adopted amend ment was to nullify the right gained by the Secretary of the Navy, in a court decision growing out of last year's submarine testa off Newport, to consider the Lake type of boat as an after-competition competitor. ANOTHER CANDIDATE OUT. 3Ir. C. C. Featherstone, of Laurens, Announced Last Night That He would Be tn the Ilcld For - Gubernatorial Nomination In the the i-aimetto State. , , - ' - Observer Bureau, . " 142J Main Street. Columbia,. S. C, Feb. 20.' The political situation was still fur ther complicated by tha announcement to-night that Mr. C. C. Featherstone, of Laurens, win be a candidate , for Governor in the primary this summer. ; - Mr. Featherstone waa In the city to night on hle way 'n ota e from Orange burg county where he went te deliver two prohibition speeches to-day and yesterday. He stated to-night that he believed the time for the enactment of a State prohibition law had arrived and that he had acceded to ths wishes of hia friends to enter the race for Governor to advocate that policy. Mr. Featherstone was a candidate for Gov ernor in 1898 on the prohibition nlat. form and waa defeated bv a eomhlna tlon of peculiar circumstances and by a very narrow majority. He has not since that time- participated In poll tics to any extent Mr. Featherstone Is one of the strongest lawyers In the oiaie, is a man or fine address and manners, and Is personally very pop ular. He has served as grand chan cellor of the KnlghU of Pythias and is an active and prominent member or tne Metnodist Church. There has fceen considerable talk to the effect that Mr. John O. Richards, of Kershaw, may enter the race for governor tnis year. and. Mr. Richards, in reply to a question to-nlght, said no nig me matter under considera tion. He is also for State prohibition. Governor Ansel, some time n. an. nounced that hs will be a candidate tor re-eiection. He. was elected two years ago on the . platform of local option. t MAY MEET IX ' WTLMINGTON. Cotton Growers' Convention Adjourns M Ith the Desire That the AugUMt Meeting Be Held In Wilmington President Moore Urges HokUna- of Cotton For Fifteen Cents. Dallas, Tex., Feb. 20. The annual meeting of the Southern Cotton Asso ciation was brought to a close late to day after resolutions were adopted calling for the perfecting of the gov ernment cotton statistics, making them more reliable; the extending of the fight against the boll weevil; the enactment of laws In all States pro hibiting dealing In futures; the proper protecting of cotton from weather In all stages of handling by common carriers; a 25 per cent reduction in acreage If the price of the staple at planting time Is less than It cents; for a readily expansive and contrac tive local character and urging that spot exchanges be encouraged. The convention declared Its desire of meeting In August and suggested Wilmington. N. C as ths place. The time and place are left to the execu tive committee. ' At the morning session to-day the speakers aere B. W. Maraton, of Louisiana, who conJemned exchanges of every character.; Charles C. Moore, of North Carolina win urged the holding of roton for fifteen cents, ad Walter Cltrk. ef Cirkvllle. Vina. who discussed diversification and thJ KILLS OFITCFR WITH AXE, - Carpenter on Collier Abarenda Severs Ofnoer'a ife.irt vni an Ave o Board of Inquiry Will Investi gate. Pun Juan. P. R.. Feb. iO. Oenrr Dixon, a carpenter on the Amrfen collier Abarenda. killed Walter Welchert. chief officer of the collier this afternon. lb crime was com tnitted en hord the -ewiel. Dixon swung at Welchert with an axe sod completely severed his heal. The attack was made Just as Welchert was walking awny from the carpen ter's bench where he had been talk ing with" Dixon. Welchert recently had Dixon pluced In Iron for di ottedlence of orJ.-rs and this prob ably was the motive for the crime. Dixon at once reported the murder and sk-d thfe second-oincer to put him In the ship's hrlg. A board of Inquiry has been appointed to Inves tigate the occurrence. The Ahnrnd ucrompanied the fleet of American battleships to Rio Janeiro and arrived Jere four dsys go from that port. YICTUfiY FOR HABBIMAiN FISH INJUNCTION DISSOLVED Judge Ball, of the Superior Court at (jiicego. Dissolve tlie Injunction Secured by Stujrvesaiit Fish Last October Restraining liarriman In- teresta From Votlnl ,Orta In Shares at Annual Meeting Fish's Tleory That liarriman Violated Laws and Public Policy of Illinois Denied by the Court-No Appeal From the Decision, Bnt Fish May Take Other . Steps ' to Secure Control I mpoa- .. slble For Two Iloads to Monopo lize Trafflc. Chicago. Feb. 20. Judge Ball, of the Super, or Court, to-day dissolved the r injunction secured last October by Stuyvesant Fish by virtue of which the Harrlman Interests were restrain ed from voting 281,231 shares of - the capital stock of the- Illinois Central Railroad at the annual meeting of the company. The theory of which coun sel for Mr. Fish based their argu ment In support of the Injunction that It was contrary to the laws and public policy of the State of Illinois to allow foreign corporation to own and vote the stock of domestic corpora tions was denied by the court. Under the ruling of the court, the previously enjoined stock . which is held by the Union Pacific Railroad Company and by the Railroad Securl ties Company of New Jersey, can be voted at the annual meeting of the Illinois Central, which Is to be held In this city on March 2d. There is no appeal from the decis ion handed down to-day by Judge Ball, but It Is consiuered probable that Mr. . Fish will take further legal ; steps to regain possession of the 1UI inols Central. Judge E. E. Farrar, of New Orleans, w ho has acted as leading counsel for Mr. Fish throughout the controversy, said to-day after the ren dering of the decision, that the case will now be tried on its merits. . s HA RAH AN PLEASED. None of the. principals In the caao were in court, both Mr. Fish and Mr. Harrlman being in New York. Presi dent Harahan of the Illinois Central came In while the decision' was being read. When the conclusion had been reached he said: "My head is too full of that decis ion to allow me to eay anything but to aay that I am highly pleased, and mere than highly pleased Is putting It mildly." .Juoge Ball, who is of a somewhat frail physique, turned over to his son the task of reading the decision, which contained almost 00.000 words. The court declared that Mr. Fish had not been able to prove any of his contentions that the dominating of Il linois Central by Mr. Harrlman would be to its detriment, and had also failed to show that the Interests of stock holders would bo Injured tncreby. The Union Pacific and the Illinois Central, he said, were not competing, but are connecting lines and the one could not be a commercial rival of the other in such a sense as to fall withlu the scope; of legal decisions against the alliances between competing rail roads. The two roads, the court de clared,' were not ' so situated as to make It possible that they could com bine to monopolize traffic In any sec tion of the country. . The court further declared that if the name of Mr. Harrlman was not a name to conjure -with, many of the allegations made In the case would not be considered seriously. He was com pelled to act, he said, on facts alleged and proved, and not fears "or sup posed ' prophecies." The reotrd of the case, he declared, failed to substan tiate many of the' declarations made ogalnst Mr. Harrlman. THE COURT'S DECISION. The decision was tn substance as follows: "The only thing averred and prov ed In this case as to the future ac tions of the defendants is that at the coming election the Union Pacific and the Railroad Securltles-Companjrwllt vote the stock they own and control for the re-election of three of the pres ent directors, each of whom has serv ed the Illinois Central acceptably for many years and tor a fourth director in place of Mr. Fish, a competent man who Is not In any wsy connected wun the Union Pacific. "No act prejudicial to the Illinois Central or to Its stockholders Is shown to have been done unless the mere fact thst the Unlort Pacific and tho Railroad Securities Company own 29 per cent, of the stock of the Illinois Central be consiuered to be so. Since the retirement of Mr. Fish from the presidency the policy of the company has been the same, and Its executive officers, with one exception caused by death, have remained the same from thst day to this. "The relations between the Union Paclnc and the Illinois Central are now, what they were when Mr. Fish was In power and assisted in shaping, and consented - to such relations. Nor Is any change Intended if the affidavits of well-known and reputable men be considered as true. "The complainants say that If the Union Psclfle and the securities com pany are permitted to vote at the coming election, the hold of Mr. Harrl man upon and his domination over the Illinois Central will be strengthened and that finally the Illinois Central .-.Ml I. - ...... a m aAV.'lan M.ltl.a Will UW itulw 'U 1 1. 1 j ftnniiirilj Will UV 1VH HIV Iran r:nu VI in carrying trace. But they fail to allege and prove facta supporting these alle gations. COHPORATTON8 NOT DEBARRED. "While Mr. Fish may rightfully de sire to remain a director of the Illinois Central, sod to that end may use every lawful means In the power of! himself sad his friends, he has nor rtght to that office unless be Is legal-1 ly elected thereto. Henre his defeat, i if it comes from the lack of , valid votes, is no legal Injury to the civil j or property rights i Huh cr tboee of Ms fellow camplatnants." jThe court declared that the findings asd opinion of the inter-State com merce commission are not evidence in this esse. The court declared that the corpora tions per se are not debarred from buying and holding the stock of ot.ter corporations and said that the fact that the purchaser might be a for eign corporation and ths stock that of a domestlo corporation- could not Change the rule of law. Tha court denied thtt there Is any rule of the American common aw thst one corporation cannot hold stock in another corporation when the first corporation has in Its charter apeeiiit. power to do so. la this csw, he said, it was proved an4 ot denied thtt the -Union Psclfle and the P.MIrovI Securi ties Company each has express power granted to It by ths Stats of Its crea- 1XEET ABEIVES AT CALLA0 FESnVITTFJS OF ALL KINDS. Tlie Pride of the American Navy Steams Into Callao Port, Clean, Trim and Powerful Great Crowds From City and Surrounding Coun try Crowd the Water Line to View the Imposing ' Scene Peruvian Cruisers Kurort Fleet Into Bay While FnthuAiastio. Crowds Cheer From All Side During Meet's Stay of Ten Dav Officers and Men Win Witness Many Brilliant Events Admiral Kvans Slightly Better. Callao Feb. 20. The American bat tleships, under Rear Admiral Evans, looking clean . and trim and powerful in tropical sun, came to anchor in thW port soon after 8 o'clock this morning. Booming of the salutes announced the arrival of the fleet, but there was no need to send out signals, for every residence of Callao and great crowds from Lima, that stands back on the hills, bad awaited with expectancy the first glimpse of the advancing column, Callao was In holiday array, and many thousands viewed from the wharves, the headlands and the ships In the harbor the Imposing scene. Enthusiastic crowds went down the bajr on excursion steamers and cheer ed the American men of war. . SinPS ENTER BAY. The Peruvian cruiser Conronet Boloeesi. bearlnr the first official wel come to the fleet,. Joined the American vessels yesterday morning 250 miles to the southward and acted as an escort up the coast. She led tne way Into the harbor this morning with the naganip of tha fleet close beside. It was stated to-day that Admiral Evans, who has been suffering almost from the beginning of the voyage from rheumatism, was slightly better but as yet he does not feel that he should risk the danger of coming ashore.- Rear Admiral Cnarles M Thomas. Kommander " of the second squadron, wilt represent him at tho official ceremonies but Rear Admiral Evans Is atlll the commander of the fleet. The battleshlDS will remain nere probably for 10 days and will be Joined by the torpedo boat flotilla near the close of their Stay at callao. ar rangements hsveibeen made for fes tivities of all kinds, Including a bull fight, which not less than 5,000 of the bluejackets will see and a regatta ror which preparations have boen going on for several weeks. President Pardo will give a public reception to the officers to-morrow afternoon, and Washington's birthday will be made a gala occasion. The fleet had a successful and un eventful passage up from Punta Arenas. They loft Punta Arenas at 11 o'clock at ndght February 7U, and in column formation they made their way through the western half of the Strait of Magellan. The torpedo boat flotaillii accompanied the warship; Saturday the 8th the sky waa over cast. - The weather was cold and tha wind blew squally and fresh, forcing the. low flying clouds aside for occa slonal flashes of - brilliant suiMhlne. The snow-clad peaks on either side of the Strait made a fitting - setting to the wild weather. ; A DREARY VOYAGE. As the vessels steamed steadily through the narrow confines of Eng llsh reach, crooked beach and long reach end finally past the Evangeast Islands to the open sea the scene was one of wild, rugged and picturesque beauty. One after another the white battleships forged through the deep gorge in the bleak mountains that form the southernmost headlands of South America. To the north and to the sou tli, the mountain valleys showed glinting glaciers with cascades stream ing down the narrow cuts and defiles to the lower levels to And their way in rushing rivulets to the sea. As the vessels finally- cleared In safety the last headlands and tho dangerous islands that bar tha en trance to the open ocean every man In the fleet was Oiled 'with a sense of pride In the successful accomplish ment of a difficult and dangerous piece of navigation. Once In the Pacific the fleet ran Into drlssllng rain and fog and tha head lands and mountains marking the western entrance to the straits were quickly lost to, view. The warships' then had fog for four days during which time they kept tn touch by the sound of their whistles. On the Ofth day tha weather cleared and remained fine until the fleet steamed Into Callao this morning un der a warn tropical fun. tlon to buy, own and hold stock In other corporations. "The right of the Railroad Securl ties Company to vote Its Illinois Cen tral stock Is unimpaired by the fact that the Union Pacific owns practical ly all of Us stock. Bo long as the vot ing power of the securities company Is used In a lawful manner and for law ful purposes It ' Is Immaterial who owns Its stock." In concluding Judge Bail said: HAVE RJGh TO VOTE STOCK. "The usual office of a preliminary Injunction Is to continue the status quo until thfe final hearing. To sus tain this preliminary injunction and thus to prevent the Union Pacific and the Railroad Securities Company from voting their stock at the coming elec tion, would be to change the status quo before the right of these corpora tions to own and vote such stock has been fully and finally determined by the court With these corporations barred out, the meeting might result In an entire change In the manage ment of the Illinois Central. To dis solve the injunction snd to let the ac tion of tha court in regard t.j the ownership ard voting power of this stock wait the final hearing tnenns no more than the continuance of the present management with the change of one director only and he, eight of the director defendants swore, will be an able, competent man. neither con trolled nor connected by oi with the Union Paclnc. The balance of con venience and Inconvenience is clearly with the defendants. I am of the opinion that the securi ties company and the Union Pacific have full ownership of the shares of stock they hold In the Illinois Central, Including the right to vote that stok at the coming meeting of stockholders and that such right to vote Is not fortnuuen by the statutes of this Htate nor by decisions of our Supreme Court, nor by the public policy of II liO'tis. 'The motion in dissolve the injunc tion Is allowed. " XO GENERAL CUT IS WA(iES OXLY IIEADJISTMENT OF SCALE. Industrial and Financial Circles' Ap prehension of a General Reduction In Wages Practically Groundlnw Some Southern Koutls Looking For a Readjustment of Wage Scales Which Tliey Consider Necessary Situation Will Be Fairly and Impar tially Presented to the Employes Officials bay They Have No Dispo sition to Impose Hardship Upon Employes ami Will Not Do ho Board of Mediation Ready to - Set tle Aii Controversies. Washington, Feb. 20. Industrial and financial circles have been more or less concerned to-day over whst they regard as a prospect that, the railroads of the country have in con templation a general reduction in the wages of their employes. Such apprehension Is practically groundlebs. information which hse reached the lnter-Srate commerce commission, and other officials of the government indicates clearly that there ia no concerted action on th part of American railways to maki general changes in their wage scales. Instances of proposed readjustment of wage scales are cited In the cases of three or four Southern systems, the Southern Railway, the Louisville & Nashville, the Seaboard Air Line and the Atlantic Coast Line being named as practically the only roads in the country which, may be affected. It la the intention of the officials of the lines named to consider with their" employes the question of a readjust ment of some at least, of the wag scales now In force with a view to re ducing their operating expenses wntctv they regard as necessary. The plana of the officials have not been worked out yet. .because It Is their desire first in present tne situation iwnicn con fronts them fairly and impartially to their employes. It Is expected that the employes may meet them half way and no serious difficulty Is anticipat ed. The proposition, in a general way, will be to return to the wage scales which were In . fore about a year ago, st which time general ad vances in the pay of men In the oper ating departments of the railroads were made. . ' : Assurances have been given Iby the' railway officials that they have no die- - position to impose any narasnip upon tncir employes ana tney win not uo so. . .; CHAIRMAN KNAPP READY TO ACT Chairman Knapp, of the Inter- Kiate commerce commission, wno by, the operation of the so-called Erdman law is made one of the two members of a board of meditation Prof. Charles P. Neill. commissioner of la bor, being the other In accordance with the suggestion contained In President Roosevelt's letter to tha In- spectinsr ths railroads' wage question, la holding himself In readiness to act under . the law whenever he may be called upon by one ct the other of the parties to any wage -controversy. Chairman Knapp and Commissioner Neill have adjusted successfully In the past 16 months several controversies that have arisen between Inter-State carriers and their employes. In each cass their action has been purely In formal. They simply have threshed out ths question with the representatives of the employers and of the employes and In each case have succeeded tn bringing them to a basis of satisfac tory understanding. 8o far as the Inter-State commerce commission Is concerned and so far as Important railroad Interests here, are aware there Is no cause for' apprehen sion respecting the wage question on ' American railroads. Such (mention as have arisen In Isolated Instances are not regarded as ground ror any Conference Wltn Engineers. Washington, Feb. 20. A confer ence waa held here to-day Between Southern Railway -officials -and- rep- -resentatlves of the locomotive engi neers of that road with a view to a reduction of the wages of the latter. Ths proposition was made by the company to reduce the wages. of the engineers about 7 per cent, or to re turn to tne scaie or waagss in enect in October of Itoc. No conclusion was reached. DATE OF BANQUET SELECTED. Davidson Sophomores Will Have a Gay Time at the Selwyn Monday Night (acuity Invited to Partici pate. Special to The Observer. Davidson, Feb. 20. The soDhomores hsv definitely arranged for the celebra tion of their clans banquet st the Selwyn. In Charlotte Monday nlsht. February 24th. The men will leave here on the t p. m. train and return on a special leav ing Charlotte after tha banquet at I S) a. m. The class has dons a very cour teous thing in invTTWg the whole faculty of the college to he present with it on this festive and happy occasion. How many of these gentlemen will be able to attend Is not yet known, but representa tives win certainly accompany the ban queters to enjoy the hospitalities and ooa fellowship or the evening. Mr. A. P. Manm-11. class of 'OS. Is here to-night addressing the Y. M. C. A. He Is representing Union Theological Semi nary, which annually sends out young men to tne various Institutions of learn ing, colleges and universities, to present ins claims or ine uospwi ministry. Dr. W. J. Martin will conduct services for Rev. Dr. C. M. Richards In the First preshyterinn church at ftatesvllls the coming Sunday. Dr. W. W. Bays lecture on "Court ship" Is ths attraction st the Methodlet church to-night. Big Fire Narrowly Averted at Lexlng t. Special to The Observer. Lexington, Feb. 20. This afternoon at the factory of the Dixie Furniture Company there came veryjear being a fire but fortunately, it was discover ed before any headway was gained. X small 'frame box, used as a ventilator and directly over the boiler room, caught fire and was In full blase when some one detected it and gave the alarm. The Are was quickly extin guished. A stiff wind was blowing and li a very few minutes the fire would have gained considerable headway. Dr. Dave Hill left last night for Fl Pasn, Tex.. In response to a telegram raying that bis brother. Dr. Jo Hill, was vtry 111. Dr. Jo Hill has been tn Texas for some time on account rt his health. Ills family results hero. Maker of Confederacy's Only F, recti i - Loading Cannon IH-ail. Columbus, V.A.. Feb. It. Freenmn' C. Stewart. aed 7? years, n promi nent Confederate veteran, died to day. -While working tor the naval Iron works here during the war h- made the only breech-ltM.Iin car- -i thot th.i' ever manufacture f r i Confederacy.
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 21, 1908, edition 1
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