North Carolina Newspapers

iMte Mew; TH2 ASSOCIATED DT3PATC2T3 mm. LAST EDITION. 4:00 P. IL Weather rvrecast: . Rain; Wanner. VOL. XIV. NO. 241. ASHEVILLE, N.'Cy TUESDAY AFTERNOON, NOVEMBER 16, 1909. 3c PIE COPY SHERIFF 7. F. SHIPP NOW CONFINED t WASHINGTON JAIL, Key to Pacific's Control Is Chosen for Principal Naval Base, in West STRICKEN, WOMEN, WIVES OF ENTOMBED CHEREY, ILLS., MINERS, " PLEADING FOR HOPE :m,v" ASKS NO &J.EMENCY Y IN He Will Go Back to the People of Hamilton Cimty and ' Ask for Vlndl- cation. ; THE GLAMOR WEARS OFF ON THE HORNING AFTER The Well Known Prisoners Are Today Experiencing Some of the Un pleasant Features of ; Jail Life. Washington, D. C Nov. 1. Rather than auk for clemency from the gov ernment ex-Sheriff Joseph F. Bhlpp probably will choose to go back to the people of Hamilton . county, Tenn., after his ninety days term In jail for contempt of the United States Supreme court has been served, and test their confidence in him by asking a re-election to his old office. ' Captain Shlpp's sentence for failing to prevent the lynching of Ed. Johnson, the negro whose legal execution for criminal as sault upon a white woman was stuyed for review by the Supreme court, will expire Just In time to allow him to begin his campaign for sheriff. Two months later the primaries arc to be held in Hamilton, and selection for the ottlce again will be regarded by Shlpp as a partial compensation for the temporary deprivation of his lib erty. Bhlpp and his five fellow prisoners, nil held In contempt in' connection with the lynching, began to appreciate this morning the Inconveniences of Jail confinement. The novelty of their surroundings yesterday and the at mosphere of martyrdom that sur rounded them on previous days, .was bedlmmed by straw beds and pillows on which they could hardly sleep thrghnut the night . Ths plalnneasJ of The Jan fare was also keenly ob served. Warden McKe visited the men In their room and discussed with Capt. Shlpp the methods ef making good citizens out of the average pris oner. Th other Tennessee prisoners took little part In the conversation. Tho warden offered to lend the pris oners books In his library, but most of them preferred to read the nawspa- STIh (IDA CHURCH CIRCLES Pastor of the First Baptist Church at Hendersonville Received Letter Sug . gesting That He Resign. MAJORITY OF THE MEMBERS STAND BY THE PASTOR A Civil Term of the Ku-tcrlor Court or Henderson County Is Ilelng Held Willi n Irgp Attendance. The flnzctto-News Bureau, Hotel QntftS, Hendersonville, Nov. IS. SAme interesting facts were made known Inst Sunday morning In the First Baptist church, when the pastor, Rev. J. W. Hughes, read from the pulpit, a letter he had received some time ago, signed by several members of the board of deacons. The sub stance of this letter was that he. ( Rev. Hughes) In consideration of the fact that ti e church had not made very much progress in a religious way for the past year, should rcHlgn. Mr. Hughes felt highly indignant over the receipt of such a communication and. placing It before hi:i congregation last Sunday, asked that they consider the letter, and that If It was the wish of the majority of members he would Immediately hand in his resignation as pafltnr of the church. At this point, there was consldcrablo commo tion among the members. Several prominent citizens tried to smooth matters over, Bnd as a result several of those who signed tho letter with drew their names. When the final vote was taken It was found that the almost unanimous wish of the major-, Ity of the members was that Rev. Mr, Hughes should remain. ' Court Convenes. , .' The civil term of Superior court In Henderson county convened here Monday morning. A largo attendance from tho country were on hand and several Important civil caajes were disposed of. The docket Is unusually heavy this term, making Jt more thnn likely that the entire two weeks will be taken up in court work. lrs. In a Waslilnjcton Jail. Washington, Nov. 16. For the first time In American history, six men are In prison for contempt of the Supreme court of the United States. For the ' first time, too, the federal government has placed men behind the bars as an outcome of th lynching of a negro. At the United States Jail In this city. Captain Joseph F. Shlpp, for mer herlff at Chattanooga, Tenn.; Jeremiah Gibson, his Jailer, and Luth er Williams, Nick Nolan, Henry Pad gett and William" Mayes of the same city, yesterday afternoon began serv ing terms of Imprisonment Imposed few hours before by the Supreme court of the United States. As tha big barred doqrs of the Jail swung open to receive me prisoners yesterday afternoon. Immediately ef .ter sentence had been imposed, War den McKea stood before them. "At least we are In tha hands of a soldier," exclaimed Captain Shlpp, who had been tn many a light for the Confederacy, as hs espied a O. A. R. button In the lapel of Warden Mc Kee'a coat Then turning to his Ave fellow prisoners, he said: "Boys, It will bs all right" ' Warden McKee has Inaugurated methods of punishment at tha Jail as humanitarian as the various classes 01 prisoners will allow, and he was pre pared for the reception of the six men from Tennessee. ' iknnt a. vaar aao during the Im prisonment of an unusually large nlmiw.p nt women, the warden had w.i ,, tnra room on the fourth floor of tha Jail quarters for female prisoner. It was in this large ro ..... perhaps JO by S 5 feet, that hs locked Ik. .1. nrlannars. i tha room were beds for each of the prisoners, while at one end was a table upon which "trusties" will set three times a day. A bath tha room. Will he Tiwm, . tha nrlaoners exclusively. Four large circular windows open to the south and west, giving excellent views of the front of the buildings, i. an nleasant did the prison rs find the quarters that Captain shinn a.nt hla attorney. Major Cllft, .u. of tha Suorema court to wis II v v i w ' . withdraw request he had mao wnen sentence was Imposed to be sent to th federal prison at Atlanta, Qa, In stead of ths Jail In this city. During the afternoon the six men received calls from Tennesseana and others. Bitting on his straw bed. hair reclining on his pillow ' straw. Cap tain Shlpp made this statement! "Ws are very well pleased with the treatment given us by Warden Mc v . . .H.htaS orlttl tha ouar- aw, inu ai n uoua" ----- ters assigned us." A few hours In Jail made Gibson reminiscent He told his companions that this was not ths first time he had ha,. In nriann In Washington. ' "But ths other time I was brought "here as a Confederals prisoner," he aid. The eontemnt case WSJ taken up ier-r as soon as ths Justices took htr i lucr i In the 'court room. Sollc- "' "T l of the department I i -lvlng a nod of rec- Twenty-First Annual Convention of the National Association of Railway Commissioners. RAILWAY PROBLEMS UNDER DISCUSS! PEARL HARBOR, Hawaii, long recognized ns the key to tho control of tho Puciilc, is to be made the prin cipal naval buso In western waters or tho United States mid Is to he so fortllled us to resist uttack by a foreign licet This decision, of far reaching Importance, was on recommendations made by tho Joint army and navy board. At Ihe same time It was decided to abandon plans for a nnvnl bnso lit Manila, to establish a limited navnl repair station at Hublg bay nnd to leave the fortllleiitlon of the Philippines to the hands of the army. The entire plan, which Is now to be pushed to completion, was the subject of much discussion among army and navy, authorities, who disagreed over some plinms of It. but were unanimous In declaring It to be the safest and most cffectlvo, so fur ns controlling the Paelllc and protecting the American west const was concern ed. It Is pointed out that a well fortified naval base and coaling station In the Paelllc Is the first essential for ?M"$perstlons of th navy In these waters. Hawaii hav (wen recognised as the stragetlc point for this establish- ; mnt.B the fleet from this point Is within steaming radius of the Philippines, the Paelllc const and theen- trance to the Panama canal. TO RESORT TO WRIT S9r Trust Cases Are OF HABEAS CORPUS Considered by Cabinet The Attorney General and tee Secretary or tne ireasury, Whose Departments are Affected Say the Investi gation of the Frauds Has Just Begun. Washington, D. C, Nov. 16. The twenty-first annual convention of the National Association of Railway com missioners, which began here 'today, promises to be the most Important ses sion In the history of the association. Tha association la composed of the members of the Interstate Commerce commission, the railway commission ers of the various states and other state officers whose duties connect them with railways. Among the subjects slated for dls cusslon at the meeting are the follow Ing: Delays In enforcing orders of railroad commissions, rates and rate making, uniform classification, leglsla tion, powers, duties and work of the state commissions, amendment of the act to regulate commerce, car ser vice and demurrage, construction and operatf- t expenses of electric rail ways, giade crossings and trespassing tan railways. It Is understood that the association will recommend several amendments to tha Intertsats com mere law and will approve of the emendments which ar advocated by ths president - GREATER TO FORM WAYHESVILLE GLUB A Meeting With This Object in View Will Shortly Be Held To Promote That City's Welfare. Boeclal to Ths Ossette-News. Wavnesvllle. Nov. H. A "Greater Wavnesvllla club" will shortly bs or sen lied here, amoni the young busi ness men, to promote ths welfare of what these gentlemen regard as the Coming City of Western North Caro Una. A call meeting was held sev. eral nlshts ago In ths Waynesvlll club rooms and a constitution and bv-laws adopted. Ths election of officers was postponed until the final organisation this week. THE WEATHER. Forecasts until ( p. m. Wednesday for Ashevtllo and vicinity: :nln to night Or WedliesilBJ'; wnrmer tonight colder Wednesday. WW T)MT HARBOR (Yf EL da 1 MAU "M ATP SUV T7!TP THAWA1IATT 4 ISLANDS SHOWING LOCATION. Of PZARL HARBOR ' MALI OP Mli.fi .... .tkAHlRf; mm '- 0. iisuii.i'i fitatiMrtsjsfJ,,"'' jlrt jjsjs WESTFELDTS WIN fl SUPREME CDUR T Highest Court in the Land Has Dismiss ed "Copper Mine Suit" No Jurisdiction. THIS MEANS MILLION DOLLAR CASE GOES BACK TO THE STATE COURTS t in lilt Court of Ax-al Decision Was Final History or lite XoUtl Ittlgailoii. Failing in This the Labor Leaders May Appeal Direct to the United States Supreme Court Washington, . Nov. 16 Samuel Gompers, John Mitchell and KranK Morrison, the Inbor lenders, under sentence for alleged contempt or court, will be compelled to return to Washington from Toronto, where they are attending. ne American r initia tion of Labos convention. Next Mon day they must appear before the Dis trict Court of Appeals, wtilcn recently affirmed Justli Wright's decision in Imposing Jnit terms. The labor leadurs probably will sue out a writ of habeas corpus and should the Judge refuse to discharge them, the next step will be an appeal to mr United States Rupreme court. Hy this means the alleged violation by the court of Immunity from prosecution claimed to be guaranteed by the first smendment to the constitution, pro- vtding free speech and a free press, will be determined. It gives the United fltatca Supreme court an op portunity to determine what the framers of that amendment Inteded. The mandate of the Ulstrict court of Appeals directing the execution of sentences probably will reach the District Supreme Court Batunluy. Tho lubor leaders will remain at lib erty until Monday, when they are ex pected to voluntarily surrender. tiny Have to Icav Convention. Toronto. Nov. 1. Just as the con vention of the American Kedeiatlon of labor was about. to adjourn for the day yesterduy a telegram was received from Washington announcing tnai me stay for the attorneys for President (Continued on page s.1 CENTRAL it ill SPBLES GROW W E State Department Apprehen sive That Additional States Will Be Involved. Washington, Nov. It. The situation In Central America shows no Im provement and state dnpnrtmeht oin clals are apprehensive thst before peace Is established In Nk-arauga other Central American states will be come Involved. The department this afternoon re ceived official report that President fcelms of Nicaragua Is recruiting and j. tnllns troops Id the Corlnto unl 1 l imluras frontier. Washington, Nov. IS. The llrst ciylilnet meeting since the adjourn ment of the special aesslon of con gress last summer was held lit the White Hoiihi' this morning. 'I'll.' "Hugnr trimt" situation. In New York was under discussion of the greater part of tho time of the members of the official family gathered about the executive count ;l table. Attorney Oeneral Wlckcrsham aud Secretary of the Treasury McVeigh, whose de partments ure directly concerned In the Inquiry gnve the president a de tailed statement of the situation, ex plaining that a rlK'ld Investigation Into the frauds hint really Just begun. Mr. Taft becume keenly alive to the situation as soon as he returned from his western ami southern trip. It so UPTON LEAVES FOR LIVERPOOL Well Pleased With Visit to America and With Yachting Matters An Expected Challenge. happened Hint the extent of the frauds luitl Just reached a climax. Hlnee his conference with Mr. Wlckershum there Is no doubt about the vigorous iittltuile tlie present ntliiitinlstratloii will take. There will be no change In policy, but the administration will proceed quietly against nil liiw-brcnklng com binations. lioutlne business affecting all tho government departments, occupied the attention of the cabinet In the earlier IMtrt of the scsiion. Kach cabinet member rmchlng the executive oltices brought a portfolio titled with official papers. The president will be In Norfolk, Vlrglnlu. Friday next, the regulur cab inet day. A private message received here late yesterday afternoon from Wash ington brought the news that the Su preme court of the United States had handed down an opinion in the ap peal of the noted "copper mine case" of the North Carolina Mining com pany against the Westfclilu: that the appeal was dismissed for luck of ( J Jurisdiction, the decision of the Unit etl mates Circuit Court of Appeals be ing final. I This decision of the Supreme court I simply means that the blK legal tight between the North Carolina MlnliiH , company mill the Wcatfcbtts for pos- seiiHlon of lands in Swain county con ! tafulng copper deposits nlb'Kcd to be I u-,. etlt n niillli.n jliOlfira 11. ,,,... will shortly swing back Into Die state courts of North Carolina and that Haywood County .Superior court will be Ihe next battleground. .Many Yours In Courts. The suit over the cupper deposit lands, commonly known as the "cop per mine case," has been In the courts for several years and hus already cost the litigants a small fortune. The suit was tried In Hwaln county, ap pealed to the Supreme. court, and a new trial grunted. It was removed to Haywood county; again tried, in the state courts; ugaln appealed and an other new trial granted. Tho case was on the state court docket another time when the Mining company In stituted suit In United States Circuit court; the case was tried before Judge Prltchurd who nssumed Juris diction nnd forbndo the Westfeldts proceeding further In the slate courts. In the Superior courts the Westfeldts won . In the United States Circuit court the verdict was In favor of the Mining company. The Westfeldts ap pealed to the('lrcult Court of Appeals nt great cost and there the decision of the lower court wns reversed, the court holding that Judge Prltchurd was without Jurisdiction. The Mining company sought an appeal to the Su preme court but the Circuit Court of Appeals held that the ense was not appealable and refused to allow the appeal. Ijter Judge fluff made an order allowing the appeal and the case went on to the highest court In the land resulting in a decision yes terday by that court favorable to the Westfeldts. After Three Sleepless Nights of Terror, They Still Beg for As surances the Officials Are Unable to Give. . THERE IS NO NECESSITY FOR CALLING OUT TROOPS . - . .' Tl'wV Cherry's Gloom Increased by Deluge of Rain Heat in Mine's Depths Intense Today's Pay Day. New ork, N. Y., Nov. !. Sir Thomas Upton, who leaves tomorrow for Liverpool, Is highly pleased re gardJng his visit to America, and the condition of yachting matters. Up ton' visit has practically assured the International yacht race for America's cup tn Ull. Although no definite understanding was reached regarding the change of rules. It Is understood, that negotia tlnns with the New York Yacht club paved the way for the coming chat lenga of the Irish yachtsman. t DYNAMITE KIIF.LL EXI'IX)I)KI) IN CKKTAJf DEPUTIES' HOUSE Attributed to IHdltk al Faction, Whose Object Was to llreak Ip Other Crowd's Meeting. Canea, Crete, Nov. IS A cylinder filled with a dynamite cartridge was exploded today In the hall of the chamber of deputies. . Ths building was unoccupied.' The detonation threw the populace Into a panic. The outrage Is attribut ed to annexationists, whose object was the breaking up of a meeting supposed to be In progress for the formation of a nev government. BANK CAVED MILL'S STILL ON "ECONOMY" THEME Railway Magnate Says Public and Private Extravagance Causes Our Troubles. T WELVE ARE DEAD Accident Occurred Today on the South' bound Railroad Near Winston ' Salem. Special to The Oanette-News. Wlmton-Kulem. Nov. U.Ton or twelve men, Italians and negroes, were entombed by an embankment raving In on the southslde of Salem creek on the Southbound railroad at t o'clock this morning, and at nopn five had been taken out dead. The work of rescuing ths others Is being rushed. None of them are supposed to be alive. All of tha men were operatives em nloved by II. J. Collier A Co. of Cleveland, Ohio, and Spartanburg, 8. C.. concrete contractors. When the cave In occurred tha operatives were cutting out th embankment to Install a concrete abutment for an Immense steel trestle being consructed across Salem Creek for th Southbound rail road. Th name of th dead could not be learned at this hour. TIms lie port Dtsilod. Washington. Nov. It I report ed thst th victory of th Nlcaraguan rebel troops, at Qreyton, la denied by President talsya. In dlspstchn to his minister her. Th reliel troops are reported In full retreat towards Nlue flelds. fl CHERRY. IIXS., Nov. 1 Dawn today brought increased anxiety to the fumllles of th SOU miners still entombed In the BU l'uul coul mine, ns a result of Satur day's dlsuster. Despite the belief expressed by ' state and government otllciuls that there Is little likelihood of many of th miners being brought out alive, scores -of grlcf-strlc ken wives gathered about tho mouth of the hoisting shaft, which late yesterday was sealed because of Uhe renewal of the tire In the Interior. Haggard nnd Worn almost to ex haustion by the terror of three sleep less nights, the women approached the officials Imploring some glimmer of hope. "There Is still a chance ain't there, mister?" pleaded doxens of women. "Kon't say they are dead for certain." oiflciiils this morning decided that If the lire In the mine hud been suffi ciently smothered another descent of the rescuers down the slinft would be made soon. A number of water tunka brought from IjiSulle this morning on Hut curs, a ml run on a switch, are ready for use, the water to be pour ed Into tho pit. targe supplies of extinguishing chemicals, among which were chem icals for producing carbonic acid gas, have been received. In the flr Is still raging In the timber supports, It la proposed 1o bore a hole through th ' lid at the mouth of th shaft, and by means of Iron pipes force gas to tha bottom. With smoke drifting Into the remot est galleries of the mine for three days the men must certainly have been suffocated, according to mine of ficials. The burning sway of limber supports nust have caused scores to be burled by the caving iu of walls. roofs and passage wnys. A IMuge of Itnln, Although excitement prevails as a result of the disaster, there Is no ne cessity fur calling out the militia to preserve order. Cherry's gloom this morning wss Increased by a deluge of rain. The main shaft of the mln probably will not be opened. The temperature, taken at th tup of the shaft In the burning mine, registered 1 0ii degrees Fahrenheit. This was the wet surface, Indicating that the lire below Is Intense. Todny Is semi monthly payday at the mines. Tha clerks will keep a check on those ap pearing, and It la believed the num br of the entombed can be definitely established. Nineteen thousand dol lars is due the minors. The average semi-monthly wage drawn by tha miners is from thirty to forty dollars. Many uf the men are single. Illinois ifcxn Not Need Help. Washington, Nov. 1. Illinois Is shle to rare for the victims of tha mining disaster nt Cherry, His., ac cording to Information from National Ulreclor Itlcknell, of the American Red Cross, now on the scene. Itlck nell snys the dead number 266; that 115 families, comprising 100 persons, need help. Oovernor l)cneen has Is sued an appeal for contributions. Washington. Nov. 1. James S Hill, the railroad magnate, left the White House after a call upon Presl dent Taft, declaring that th cost and extravagant manner of living today Is the Kreatest problem that faces the American people. Economy on the part of the gov- ernment and Individuals as well, he said, was th only method he could suggest for remedying matters. Driven to Kulclilc by Sorrow. New York. Nov. 16. The loss of I son and nine employe In a recent de tractive fir Is believed to have caus ed th suicide of Robert Morrison. found dead here. Death wa caused by asphyxiation. I'MFORMITY IX H VII.HOAn AKMINIhTKATION THE KEYNOTE Washington, Nov. 16. Uniformity In matters pertaining to railroad ad ministration Is the keynote governing; the work of the National Association of tallwuy commissioners, which be gan lis list annual convention this morning. The organisation largely comprlsrs officers of state commis sions, charged with th administra tion of the Intra-state commerc laws. Dowager Kniiress' IValy Interred. Peking. Nov. 16. -The body' of th dowager empress of China, recently removed from the Forbidden City, was burled In the (astern tombs today. Western Union Control Passes to A.T.and T. Co. Long Step Is Taken Toward the Merging of the Telegraph and Telephone Companies Into Corporation with a Cap italisation of Nearly One Billion Dollars. New York, Nov. 16. Th control of th Western Union Telegraph com pany ha passed to th American Tel ephone and Telegraph company, and a long' tP I thereby taken towards th merging of th telephone and tel egraph companies Into a corporation with a capitalisation of nearly one billion dollars. . The announcement of Ihe Re'iniio m. nt of tho V..wn l i ! n. j as a Oould property, by th American Telephone and Telegraph company cam from Boston. Th acquisition of th Western Union and th recent absorption of various district ' Hell telephone com panies In various parts of t n try lm!l-!e n Im 1 I- ' ' f ! 11 PKS )