Newspapers / The Asheville Times (Asheville, … / Dec. 15, 1910, edition 1 / Page 1
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rexrtlle feette New. csti THI ASSOCIATED Plttf DISPATCHES LAST EDITION 4:00 P. M. Weather Forecast: CLOTOY AND WARMER. VOL. XV. NO. 266. ASHEVILLE, N. 0., THURSDAY .AFTERNOON, DECEMBER 15, 1910. 3c PER OOPT FOR REVISION Broadside From the Battleship Sao Paulo President Taft's New Appointees S AFTER TIBER 1 PROHIBITIONS SHIED HD HEADSANO SKINS If, , Cummins Lead off tui gents' Plan Is Not Popular Commis sion Now Appears More Probable. DISTRICT ATTORNEY HOLTON IS EVIDENTLY NOT UNEASY President Seems in no Hurry to Dis turb Him North Carolina Delega tion Meets to Endorse Champ Clark lor Speaker. Gazette-News Bureau, The Hotel Hamilton, Washington, Dec 15. DISTRICT ATTORNEY HOLTON oamv here for a. talk with the department or Justice officials and went to Richmond last night. The district attorney apparently views the future without alarm, notwithstand ing the promise of the president to give his job to the former chairman. A general Inquiry here has elicited no indication that Mr. Tuft la going to be In any hurry about disturbing Mr. Holtoo. The democrats of the Carolina dele gation are holding a meeting this afternoon In the office of Congress man Page ond will doubtless take for mal action favoring the election of Champ Clark as the next speaker. Twelve delegations have now taken similar action. Mori-head Is Mad. Things are eventuating every min ute In Tar Heel republican circles to day. Several leaders of the Butler- Morehead fa :tlon are here In response to telegrams und have achieved a flying-wedge fcrraatlon for a descent this afternoon on the White House. Judge Qynum, Dv1d Blair. Thomas Settle, Claudu Bernard, Dr. Mott. Harry Skin ner, Jake Nowoll and others are go ing to e tl e president in the hope of getting their hearings and to pro test against the continued operation of tt-o Duncan Influence In the party and patronage matters In the state. Morehead Is mad. Up to the present wrlt'.ng he hag hardly been able to turn a wheel. Butler and Mott, througn Morehesd. comprise the strat egy board of the belligerent visitors, field Day In the Senate. Tuesday proved a sort of field day In the senate when Mr. Cummins, the militant Iowa Insurgent, urged the wintrflrMi of his resolution designed an a m An A the rules as to enable ronare to revise the tariff, schedule by schedule, and there was almost as much Interest felt In the address, de livered today, In reply to Mr. Cum mins, by Mr. Young, the newly chosen senator from Iowa. Mr. Young is the representative of the Iowa stalwarts, or standpatters, and the stand pat ele ment in the senate took a peculiar pleasure In seeing Mr. Cummins' con i.,i,,n challenged by hi own col league. A great many people were Interested In what Mr. Cummins had to say. and how he would say It be cause he Is by many looked upon as a presidential possibility In the event President Taft should sncounter ser ous opposition. The opposition, it Is felt is likely to rally around either Cummins or LaFolletta, and the opin ion around here Is that the Iowa man could command mors support than Battle Bob. as the New York Sun likes to caU the Wisconsin statesman LaFollette makes a better speech, perhaps, but then that gentleman spends a great deal of time on Wa t la the talk around the senate side of the capltol that It Is w t iv,natin' wont to get "J'. l, ha is dUS to Room m wi . . w A .vrv moment of nsrlod of convalescence Is devoted to marshalling am is with the consequence that when the time comes for him to take the floor he is Ailed with his subject Mr Cummins Is not what one would call a ready speaker: he hesitates for a word, and when the word comes out it i. not always the most avoilahle that could have keen used to convey j . .l - -A.nl. hnwnvpr his meaning, un " -- .h ..n.ii handled himself very well and lost no ground In the estimation of those who taeiteve that the present session will determine whether Cum mins or LaFoette Is to ed the op position to the renominnn ' president The occasion Upon which he eroke was productive o some sur triaVe. Mr. Lodge of Massachusetts said he thought well of Mr. Cummins idea, and seemed to have little appre hension that ths restrictions proposed by the Iowa senator to limit debate to one amendment at a time, would seriously abridge, or do violence, to sacred senate rules, A hard flght Is now being made against Mr. Lodge by Massachusetts insurgents, operating; under the direction of Oovernor Foss .r1 it u su averted that Mr. Lodge gave evidence of this rather serious defection from the Aldrtrn ranas wiui a view to turning the keen edge of the Foes attacks; that he proposed to '.ow to the people of Massachusetts that hi ease as a stand patoer was not hopeless. Another surprise was the Cnador ol a statement by Mr. Aldrlch himself, Who assarted his opposition to th reaokutlon fpr two reasons. In ths ftrs. beoc. because It oontempiat ( Continued on page ) BS"HifciJ MdT eSBBBBBBBs! I SB SXWBXT BTjre&i& ' SBBSB BBS Both Sides Seem to Agree That That is the Temporary Effect, at Least, of Decision of the Supreme Court. ASSEMBLY MAY BE ASKED TO ENACT ANOTHER LAW Both Sides Keenly Interested Prohi bitionists in Raleigh Say Law is Not Worth the Paper it is Written on. Rio Janeiro, Dec 15. The chamber of deputies unnnimously passed the bill placing Rio Janeiro In a stute of siege for thirty days. Although the city Is quiet and the naval mutln is apparently nl an end, the fact that the government is taking sucih drastic measures gives rise to the belief that the rebellious movement has not been entirely crushed. Many prominent politicians of the opposition party are being closely watch. 'd by the police under orders from the government. The crews of the battle ships San Paulo and Mines Qernes sent a wire less message to the president saying they feared they were to be attack ed by destroyers. The government re plied that this feor was unfounded, but later the sailors aboard these two battleships, with their officers, came ashore and have been sent to Villegalnon island. Tin; mult, nous murines on Cobra9 Island have formally surrendered to day fresh government troops occupied the barracks Asheville Wins Important Paving Case In the North Carolina Supreme Court The Case Was That of Schenck and Johnson Against the City of Ashaville and Had to Do With Southside Avenue Paving Court Dismissed $60,000 to $70,000 Involved. Suit- In dismissing the action of Schenck and Johnson against the city of Ashe ville yesterday, involving the validity of the Southside avenue paving, the Supreme court handed down an opin ion of great Importance to the city of Asheville since about $60,000 to $T3, 000 was Involved In this particular case, but had the opinion of Judge Justice been affirmed, other litiga tions involving other paving assess ments might have followed in quick succession. The litigation was started about fix months ago by some of the Southside avenue property owners who aliened that the petition upon which the board acted in ordering the pavement was defective and therefore the city was without authority to make the Improvement on uccount of the stat ute requiring a petition from owners of a majority of front feet on the street before any Improvement is made. The plaintiffs took the posi tion that this was u jurisdictional matter and In the absence of a valid petition the board of aldermen was without authority to make the im provement and therefore the assess ments were void. The city was ably represented by City Attorney 8. O. Bernard who, In MIKES MAIDEN SPEECH "You've Got to Come Back to Father's House, He Ttlla Hie Imyrgent Colleagues. perhups the most Important case the city has had in many years, proved himself fully capable to handle the situation. He contended that the peti tion was valid on its face and if it was defective in any respect, the plaintiffs should have taken advantage of that fact by appeal from the action of the board in adopting the report of the city engineer at the time, and upon their failure to prosecute such an appeal, they were barred from any recovery thereafter. In other words, the legislature having conferred Juris diction upon the mayor and board of aldermen, the question of whether or not they had jurisdiction to make the improvements on Southside avenue was a question of fact to be determin ed by them and when so determined, no appeal having been taken from such decision at the time, all parties are estopped to collaterally attack their judgment. A special from Raleigh to The Ga-stette-News today says relative to the opinion: In the suit of Schenck and Johnson vs. Asheville In which the plaintiffs sought to prevent the city from col lecting assessment against their prop erty for street paving done two years before without their protest and In which other property owners had paid BANDIT. SINGLE HANDED. EODTS PARADISE BANK their assessments, the Supreme court, Judge Clark writing the opinion holds there was error below In granting the restraining order against the city and dismisses the action, declaring that "Having been, silent when they should have spoken, they cannot now be heard when they should be silent." The court declares that especially are the plaintiffs without equity when for five years they have stood silently when the street before their doors was being improved to the enhance ment of value of their property. Hav ing made no complaint until after the work was finished the cost thereof cannot now be shifted upon the shoulders of all the citizens of the town, many of whom have already paid their own assessments for similar street Improvements by their own property. The court holds that even though there was a Jurisdictional de fect through certain property owners having signed the petition for paving through "agents," the plaintiffs made no objection to the order at the proper time and have forfeited their rights by such long acquiescence. The property signed for through "agents," above referred to Is the Smith estate property for which C. H. Miller signed for the rest of the estate. BIG INVESTMENT CONCERN RAIDED BT GOVERNMENT GVS of the decision of the Ku- j preme court of North Carolina in the case of the Colonial club I of Charlotte, handed down lute yes terduy afternoon, was received here by the prohibitionists and the antl-pro- j hlbltionists thlb morning with feelings of sorrow or joy us th" ase might be. Tie decision, with the court dl- 1 vlded, was distinctly In favor of the J "mnrrillv utuntn.I " Tho r-t 1..1.1 i I effect "that t'ere is no violation of the state prohibition laws for a club to be the medium for the purchase of beer In quantities for members; receiving the beer for members; storing it In discriminately and dispensing it on coupon books held by members to the amount of beer each has in storage." in short, that a club, formally or ganized and conducted as a club, may receive and store quantities ot beer and, presumably other Intoxicants for Us members and that these Intox icants may be served to members hold ing coupon books. Wishes to See Full Text. This latest decision of the highest court in the state anent the prohibi tion question was of keen interest to both the prohibitionists and the "an ils". In the. "anti" circle there was Joy while among the prohibitionists all was gloom. One ardent prohibi tionist declared after reading the decision- "I leel like one who treads alone some banmiet hall deserted." He declared that he had no comment to mako on the newspaper reports until after he hu.i seen the full text of the opinion. The "antis" were In high feather. One of them, acting llko a school boy at vacation time, said that the Supreme court was right In its holding and that sooner or later the people would come to realize thnt prohibition in a snare and delusion. A Prospeetlee Revlsal. One prominent number of the Ashe ville bar advances the opinion that since the court was divided and that sincu Justice Manning had cast a vote in favor of reversing the lower court ther might be a revlsal of the court's decision wh'.n Judge Allen succeeds Justice Maiming on the bench. It is said thnt Judge Allen holds a dis tinct and prunounced prohibition view and that when he succeeds Justice Manning another test case along the same line as that of the Colonial club other prominent democrat said that he other promvent democrat said that he expei led the legislature to take cog nisance of the decision and enact some law '.hat would prevent and prohibit a club dealing in or handling beer for its members. One prohibitionist de clared this morning that the Supreme court had evidently created an Irreg ular Mind tiger to take the place of regular bairoom. While the Supreme court decision is being discussed pro and con It is pointed out that the decision Is now the law ami that In the event the court shou'd reverse Itself this could not be dot.e before some time rext year and that in the meantime "social clubs' may be organized at the pleas ure of the promoters. II bsbbVLbb ibsk' TShBI 1 1 mmmmmMtimmmw justice,., WHITE, . 9&&x. Col. Lusk Undertakes ad Testifi candum Proceedings and In voluntary Witnesses Are Summoned to Court. COURT SETS THE HEARING FOR SATURDAY MORNING It Was to Have Been Today, But a Wit ness Was III Second Attempt Here to Test Section 3721 of the Revisal of 1905. OMETHING of a sensation was sprung here lost night when nearly one dozen men, Including prominent citizens of the town, were served with subpoena citing them to appear before Judge Cocke In city police court this morning and give evidence under oath as to what they know or do not know about the 0 ', leged sale of intoxicating liquors at ! a ptace in the city designated as ths northwest corner of Lexington ave nue and West College street, com monly known as the Blomberg build ing. The affidavit on which Judge I Cocke issued the subpoenas was fur nished bv Col. V. S. Lusk. head of SrKS-fJ? &vSS5v ""' Enforcement league. Judge K&iM1!iK8t5ii Viitt" " 'Cocke, however, before issuing sub- esEt"3" Ipoenas under section 3721 of the Re Washington, Dec. 15. Edward visal of 1905. Klvinir the police court who has been ap-1 justice the power to Issue subpoenas in proceedings in ad testificandum, Douglas White pointed Chief Justice of the United states Supreme court; Willis Van De vante, an associate justice; William Hunt, who with C. C. McChord and Martin A. Knapp, have been ap pointed to the new Court of Com merce. The appointments have Just been announced by President Taft. Associate Justice White takes oath as chief Justice next Monday. Court then adjourns for a two weeks' recess. TWENTY-FOUR LIVES LOST; STEAMER IS TOTAL WRECK German Vessel Went Down off West Coafct of Spain, Probably in Sunday Night's Gale. London, Dec. 15. The German steamer Palermo is a total wreck off Cape Corrubodo on the west coast of Spain. Five passengers and the crew of It art lost. Advices indicate that the vessel struclv und went to pieces during a fierce gale Sunday night. Petition For Morw Pardon Department. IVf on- required additional information than the naked affidavit of Col. Lusk or any other one citizen, and Col. Lusk promptly came to the bat with Infor mation on oath secured from business men, business managers, government employes and police officers of the city. That government employes and city employes and business men of the town were creditable witnesses was not to be disputed and the po lice court justice promptly Issued the subpoenas for the gentlemen named Ui the affidavit of Col. Lusk. The matter was called up In po lice court this morning but on ac count of the Inability of one of the witnesses summoned to be present oa acount of illness the hearing was continued until Saturday. Involuntary Wltnessee. The proceedings inaugurated by Col. Lusk are interesting. The colonel Is deetrmined if possible to stop ths sale of whiskey in Asheville. In giv ing the names of men who were sum moned to tell of the place on West College street it is stated that they were involuntary wltnesaes. Once be fore, about two years ago, a similar proceeding was instituted. At that time the information was not. sup ported by affidavit and while the po lice court justice held with the prose cution, one of the witnesses, Dr. 8. Westray Battle, surgeon general of Washington, Dec, 15. The peti tion for the pardon of Charles W. Morse, ine cuinicicu ew -lor . . ,,,., i.i rrf f .vimuiii pciiikcii- - , . . ... banker now In th Mary was laid before the department of Justice today. He Forced Cashier to Unlock Safe;Then Tied Him and Four Others. Washington, Dec. 15. Senator Lnfe Young of Iowa, In his maiden speech today, asserted that the use of the word 'progressivte'" was Inadmlssablte. "It m an apology for being caught with the gang," We said. Addressing the Insurgents directly he added: "You've got to come back to your father's house. I tell you when dem ocrats are electled to the seats of Wil liam McKlnley and James A. Garfield the circumstance should give you pause. Speaking of the success of democ racy he Dredicted that the party would encounter much difficulty. The t-c.h consumed an hour. At Its conclusion Senstor Young was irener ally congratulated. Sallna, Kn . Dec. 15. A bandit, single-handed held up the state bank at Paradise today securing $25,000. Hs forced the cashier to unlock the safe. He tied the cashier and four other men with rope before hs left with the loot A Part of General Movement to Stop Operations of Gat-Rich Quiok Concerns. t'anadlan Formers Demand Better nclaHon With V. S. Twt-lve Men In Burning Mine Sliaft. Denver. Dec. 15. Twelve men are entombed In shsft No. 2 of the Ley den Coal company's workings, which Is anri. Itls ra&rOsl all these men are dead. Heavy Flood Damsgr In Italy. Rome, Dec. 15. Floods Have caused heavy loss to live stock and much damage to other property. Ottawa, Ont.. Dec. 15. One thou sand prosperous Canadian farmers assembled here todoy to formulate demands on the federal government Ths Initial demand is for the aboli tion of customs duties on agricultural Implement and for better commer cial relations with the United States. Steamer Colorado Unmanageable at Sea. New York, Dec. 15. TUr steamer Colorado of the Clyde Hue sent word by wireless this afternoon that she was unmanageable in a gale. off the coast on her way to this city from Boston. Cli-ago, Dei. 15. Secret service of ficial today raided the offices of the Capital Inveiument company. The main office and four branches were visited and papers and records were confis cated. Hldmnn McHie, chief owner of the company, it Is said Is in Florida. The raiders swept Into the Rookery building, In the heart ot the financial district, at noon and created Intense excltf.ment. A warrant was obtained for the arrest of Me Hie, and the contents of his office were secured Th firm, it Is said, had IS branches In the middle west and did an exten sive business in buying and selling sto.-ks. Government officials said thero efforts wen "part of a general move ment to stop operations of get-rlch-qulck concerns." Thirty policemen nnd Ui special agent of the depart ment of Justice made the raid. Tele grams received ssy, a federal agent left Jacksonville today to arrest McHie. Itepresenutlvce Cook Dead Norfolk, Dec. 15 The four-masted SehoOner, George M. Orant of New Haven, Conn., coal laden, from Newport-News, is aground on Thimble Shoals, Philadelphia. Dec. 15. Represen tative Joel Cook of Philadelphia died this morning a the result ot a sec ond stroke of apoplexy, suffered In Washington several days ago. . He was S sis old. Ilouse Adjounu Mr. Out or Cook. Heeiiect lo Washington, Dec. 15. After a brief session tha house adjourned out of respect to the memory of Representa tice Cook, who died this morning In Philadelphia. Reprint of Report on White Slave 'D-ade Ordered. iefuse.l to testify and was held for contempt of court. It was agreed to make a test case of the affair and Dr. Battle was fined $25 and coat. Appeal was taken to the Superior court and the court reversed the po lice court justice, holding that the proceedings had not been properly instituted. In this connection it Is interesting to note that Col. Luak has followed the statute minutely. The result of the Investigation will be watched with keen interest here. It is probable that the proceedings will finally go to the Supreme court for determination. This la certain In the event that any of the eight or ten wltnesaes sub- tell what they know, If Washington, Dec. 15. The senate today ordered a reprint of the imml- .PD I ....jL.m'u ,-....-t .... Iha p, , I. I .- I will MINI",! a . b s. ..u ,i,i, mi, . .... ... i noenaed to dere 1 on Senator Lodge's motion. Aeroplane Meet Opens at Atlanta. Talk of Legislative Action. Qasstte-News Bureau, Chamber of Commerce Rooms, Hollemon Building, Dec. 15. Prohibition leaders here are Insist ing that the legislature must, when it meets In January, patch up a loop hole In the ttate prohibition law de veloped In the opinion of the Supreme court In the Colonial club case of Charlotte, delivered yesterday. In which the court reverses a $600 fine of Judge Long against the club for hold ing lr indiscriminate storags and dis pensing to members through a cou pon book syUem beer or other Intox icants co-operative bar-room, as Chief Justice Clark and Justice Hoke term them In dissenting opinions. Pro hibitionists nr assenting that as long as the majority opinion of the Su preme court stands as a law In this state the prohibition law Is not worth the paper It Is written on. Atlanta, Dec. 12 An aeroplane race between Ely and McCurdy over a 12 mlle course featured the opening of Atlanta's aviation meet this after noon. The meet continues three days, under the Atlanta Journal's auspices. Go Into Politics Is Roosevelt's Advice Cambridge, Mass., Dec. 15. Seven hundred Harvard stud'Pmts listened to Theodore Roosevelt's address on "Politics" today. The colonel advised the students to go into politics when. the graduate. KUIril His Wife and Then Suicided. New York, Dec. 16. John F. Haines shot and ktr.od his wife, Josephine, at his Long Island home today and then cut his throat with a razor, dying afterwards. ooeaccccr-r 3 Ten Days to Christmas. DECEMBER l. Recall That Hint About ths Gift For Father f am at si si at at si at st at at at m ft ej si Standard Oil Hewing Continues. Oatette-New Bureau, Chamber of Commerce Rooms, Hollemon Building, Raleigh. Dec. IS. The second day's hearing in th case against the Standard Oil com pany, on a charge of cutting prices on kerosene to drive out competition In violation of the North Carolina ati-tl-truat law was characterised by the evidence of dealers to show cuts and prove that ths Standard would cut and that competitors would then drop to meet the lower prices. An agent of the Indian Oil company, the principal competitor of the Standard testified to being forced to lower price to meet the Standard cuts and of the ruinous condition of prices with kerosene down to 7 1-1 cents President of Georgia Central Dead. Atlanta, Us., Dev. 16. Major John F. Hanson,, president of the Central of Georgia -atlroad, one of the best known railroad men In the south, died this morning of heart failure. the West College street place, refuse to testify. The Affidavit in the course of his affidavit Cel Lusk says that he is informed and believes that liquors are being sold at the northwest corner of Lexington avenue and West College street; that affiant further swears that he Is In formed and believes that divers good citizens redding in Asheville and Buncombe county have knowVedsja ot the establishment and existence ot the place where intoxicating liquors arc sold ana that such persons are not minded to make voluntary Infor mation thereof on oath; that th In formation upon. which the foregoing statements are predicated, aside from personal observation, cam to the knowledge ot affiant from statement of divers good citizen of the city; from members of the police fore; rrom creditable citizens and from employe In the service of th) United State government, known to affiant to be persons of truth and veracity; that In addition to the fortogolng, affi ant further swear that a government retailing liquor license ha been Is sued to one Lawreuoe Bacon on Octo ber 1 to do business at West College street and that affiant believe th place to be the same place here In be ( Continued on page 6) ICOOUfJOCIQOOCCOMrjOWB Hattie LeBlanc Tendered a Dinner; Money Given Her Cambridge, Ma., Dec. 16. Hattls a fashionable apartment hotel last LeBlanc, freed yesterday on a charge night. Following th dinner Hattie of mnrderln, Chlr.nc. F. Glover, was ZVnX'' JL me guest si a dinner given v At- gerxxl -ilttl check to a purse mad lorney Johnson, who defended her, at for the gn-1.
The Asheville Times (Asheville, N.C.)
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Dec. 15, 1910, edition 1
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