A A 17 flrf FULL ASSOCIATED PRESS SERVICES BY LEASED WIRE. LAST EDITION 4:00 P.M. Weather Forecast . COLDER; FAIR. EMMS. VOL. XVII., NO. 305. ASHEVILLE, N. C, MONDAY AFTERNOON, FEBRUARYS, 1913, PRICE THREE CENTS L i I mr 1 u i . s I L j i . ', , i in ; .j tin i . . . WTLLRESUME ; 4R TONIGHT Allies to Make Concerted At tack on Adrianaple, Mere Holding the Turks in Check Elsewhere. , SERVIANS WORSTED IN ALBANIA FIGHT Great Britain ' and Germany Strongly Urge Allies Not to Force the Fight ing. J3y Associated Press, London, Feb. 3, The war between Turkey and Bulgaria, Greece, Monte negro and Servla will begin again at 7 o'clock this evening unless the last leaco- efforts of the powers should succeed or Turkey , decide at the eleventh hour to surrender. . ' It has even been decided who shall flro the first shot, as Turkey has stat ed she will allow her adversaries ti take the aggressive. The Immediate object of the allied armies Is the capture of Adrianople, which has hitherto presented such a firm front to its besiegers.. Upon this fortress the combined Bulgarian and Servian armies, the latter well sup plied with' siege artillery, will con centrate their exertions. For the present the Bulgarian gen erals will simply try to hold the Turk ish troops at Tchatalja. King Nicholas of Montenegro has started again for the Turkish fortress ' of Scutari. The king himself will tuke the direction of the renewed at tack. He hopes by capturing the city and thus establishing an. accomplish ed fact, to obtain a better chance of keeping definite possession of it when peace finally comes. 'V. In the western Turkish province of Kpiraa, which touches the Grecian ' Tordr,;-th' GrteK troops under com mand of Crown . Prince Constantino have great' hope of breaking down the splendid defense which the Otto man army has thus far offered. . , Uprising In Albania. , The Servian ;armles have completed their campaign and have now placed many of their troops at the diaposal of their comrades. Some, however, must be kept In Albania, where a ris ing against the Invaders has been or ganized. ' - - " - . , It Is declared that the Albanians with HO.OOO rifles under the command of Austrian officers are taking the field and It is rumored that they have fought a hattle at Dibra, whero the Etonians lost "heavily. . The Albanians are said to bo greatly Irritated by the wholesale arrests of those suspected of having Interest In the provisional government While the possible renewal of the war may put a strain on the co-operation of the European powers, they have thus far worked In harmony and the departure of Prince Hohenlohe Waldenburg Schllllngufuerst from Vi enna with an autograph letter from the Emperor Francis Joseph to the Emperor Nicholas of Russia gives additional hope that they will do so until the end. The Turkish government like that of Bulgaria, will not allow newspaper correspondents to accompany the ar-i mles In the field, Hahmoud Shefket Fashn, the brand Vuier, stated em phatically today that he would not How any correspondents within 29 miles of the linns. Turkey Running War PreiaraUon Constantinople, Feb. . The out come of the representations made by the British and German ministers at the Bulgarian capital was awaited here this morning mith tenneness. Al though the armistice was scheduled to end at 7 o'clock In the evening the Ottoman officials had not yet lost hope that a resumption of hostilities would be avoided. . The German communication, to Bulgaria was even more direct in Its terms than was that of Great Britain In urging a peaceful settlement Ger many declare! she considered the new , Turkish proposals as adequate, while both Great Britain and Germany In timated that Intraetlbillty on the part of tho Balkans was not approved by the powers. - In the meanwhile Turkey has not been neglecting precautions for all 'eventualities. The . movements of troops and war stores have been in reiwant during the part week, while the hospitals at the front have all been cleared and their patients re- ' moved to Infirmaries In this city. Cold Wave Moves South nnd Hnst'. By AsMoelateri Press. Washington. Feb. 3 The cold wave which hue driven the mercury below tlio er.l ruaTk between Minnesota and North laknta Is about to move eifnt wiird and, the weather bureau says, will be frit over tho territory between tHxtirn MonlHtia. western New York ii n 1 I'rttnsvlvaiilu snd us ftir Mouth an Tol-iiiht II ib'i'lilerl drop In tile UM I:.' t. " I' i' I'M.i mi'l M If; I MI ASSAILANT DIES ASYLUM J. J. Gallagher, Who Shot New York Mayor, Victim of Paresis. ssajj pajBposev Xa ' Trenton, N. J., Feb. 3. James J. Gallagher, the man who shot Mayor Gaynor of New York nearly two years ago at Hoboken, died here today In the Jersey State hospital for the in sane. Death was due to paresis. He had been at the state hospital slace January 18, 1912, having been trans ferred there fronl the New Jersey state prison, where he had been sen tenced to serve 12 years on a charge of assault upon Street Commissioner William Edwards of New York city, who was with Mayor Gaynor at the time. " Gallagher was never prosecuted for shooting the mayor. This as Mayor Gaynor's request. 5 TO Cattle Dipping Demonstrations and Illustrated Lectures Continue This Week. , By Associated Press. , Columbia, 8. C, Feb. 3.-The sec ond and last week of the fifth national corn exposition opened today. ' The Dhow will continue through Saturday. The first week of the exposition was such a Brent success and it has been sg well- advertised throughout the country "that It Is expected1 thai 'thou sands will attend the show this week. The features of the exposition which proved so popular last week tho cat tle dipping demonstrations Illustrated lectures by government experts, the band concerts, etc., will be continued through the last week of the exposi tion.. . Besides many additional feat ures will be added to the program. - The Tuilroads entering Columbiu will run special trains here this week from various points of the state and some trains scheduled to leave Co lumbia in the early afternoon will be held for the convenience of visitors. Today . is "Wlnthrop College day" and Is featured by the attendance of the faculty and between 600 and 700 young ladles from the state's normal and industrial college at llockhlll, 3. C. A special train brought, the stu- denlB here. They return to Rockhlll tonight Tomorrow will be "corn day" and Interesting addresses relative to this cereal will feature the day. Wednes day, Thursday and Friday rural life conferences will be held ana Baiuraay is the closing day of the first great i.i 1 1 .1 in li , , 1 1 1 h corn exposition evo, uctu ... ... IS IN HANDS OF J1I Arguments Completed Satuf day and Judge Fouchee ' Charged Jury Today. fi i- ml. flAMrta. Vsrui. waVnoRviiiit. Feb. 8. The Mc- trial.' In which the de fondants are charged with the kllllng- of Lee Wells, came to a cioso uua morning at 11:20, wnen juoge now a a i-nnirhM orave his charge1 to the Jury. The charge was ft fair and Impartial one, and juoge ruuuner .... hnur and twenty minutes In delivering It. Argument In the case were finished Saturday, the session of iuutina- until late that night Hon. Felix Alley closed the arguments, speaking more than two hours. While Judge Fouschee was delivering his ...,. i ih lurv. Mrs. Rogers sat hy her husband and both gave the closest attention. Mci racKen s iamer was with him tnrougnoui me cna.. i . nrAwria ittaniled the night ses sion of court and were present mw to hcar ,ude row charge. Bath Tub Suit iletrlal. n,r AMfielatAfl Prepn rw.nit vtieh . Vh. I. Retrial of the government's criminal suit ugalnst the so-cslled bath tun irusi was Be gun In I'nlled Mate DIMrlrt court h,.r. truluv. The nfevious trial of the iime resulted In ft dlnnifreemnnt of the jury (,n Mnr-h 14, 1912. On Novem ber 1H the fulled Hinted Hnpreme .1 ,l..el,l.,i1 U elvll Hllll-trilBt BUM ., . . ,, :( nH, H.uie lll-fi-tl'IlllllM In fnv ..( I i I I " I ei'ivl' I 1 HS BANDITS PllTI TRIAL French Gang Accused of Kil- ing 22 Persons and of . Numerous Robberies Arraigned. THREE YOUNG WOMEN AMONG DEFENDANTS Case Probably Will Last for Weeks--Two Police Offi cers Among Their Victims. B Associated Prat. Paris, Feb. 3. Paris was on the tjpotoe of expectation today await ing the beginning of the trial of the gang of 22 automobile bandits who terrorized the French capital and its environs a year ago. They commit ted many murders and audacious rob beries until their leader. Jules Bon not, "the demon chauffeur" was kill ed In April after a fierce battle with police and troops. , The crimes committed by the no torious gang were of a most daring character and frequently were car ried out in broad daylight The first record of their operations deals with the theft of a large quantity of guns, revolvers and daggers from a shop in Paris in November, 1911. Then, In rapid succession followed r.ibberles and murders. Several suburban branches of banks were raided and even the Bank of France did not es cape their efforts, for they made an attempt to rob it of $200,000. The police iwere special marks for their. hatred. They murdered a pa trolman at midday opposite the prin cipal railroad terminus in Paris. They killed Assistant Superintendent Jouln of the Paris -detective department and at the same time wounded Chief In spector Colmar. : The list of accusations against them Include 22 murders., ' Of the accused .brought jip. for trial today, three were young women An na Maitrejean, Marie Vuillemln and liarbe Leclerc, who were closely con nected with the bandits in all their operations. The' trial is expected to continue several weeks. DUNNE DECLARES FOR IPAIOK Illinois Governor Would Give Cities Right to Operate Public Utilities. By Associated Press. Springfield, 111., Feb. 3, Immodlate enactment of legislation giving all cities the right to build or buy and to operate their public utilities and an amendment to tho constitution to gain the Initiative and referendum were recommended by Governor Edward F. Dunne In his inaugural address to the legislature today. , 1 ;. Governor Dunne aald that most cities may not be ready as yet to op erate other than water works. To carry out the plan of municipal own ershlp, cities should be empowered to Issue bonds subject to a referendum and reasonable safeguards. 1 "If such rights are given." says the governor. "It will force private cor porallons now furnishing these utlll ties to give decent service at decent rates, or face the alternative of pub lic ownership. Important aa It la to give cities the right to manage their own public, utilities, It Is also impor tant to give to state and local bodies large powers of regulation of the public utilities that remain In private hanur " BEGIN I'UF.PARATIOX OF BILL FOB REVI8IOX OF TARIFF ' AMoeMtml Prts: Washington, Feb. 8. Democratic members of the house committee on ways and means today began prepara tion of the bill for tho revision of the tariff, with the plan of holding daily executive sessions until the work is completed. It Is expected this result -will be effected about March 6. Ijogare Laid to Kent. By Associated Press. Charleston, 8. Q, Feb. 3. Funera services over the body of Congress man George 8. Legare of South Caro Una, who died at his home here Thursday night, were hold at the see ond Presbyterian churrh In this city yesterday. The seating capacity of tho church was taxed to the utmost. Rev. J. K.- Fraxer, pastor of the rhureh. conducted the ceremony. In terment took place at. Magnolia rem tery. Wants to Know Whether Trxa IiwH linont Were llelil I'p Washington, D. C, Feb. ' t. Rep resontatlvo Garner of Texas Introduc ed a resolution in the houwi toda iHlUng on Attornny-Oenernl Wicker ahum to xiilmilt a statement lift t Win-tiler lie ll i-1 llH'l 11 Tev.'iB lll.ti, t in, nit I-: Mill-.! J.-lm I I A r. Mm-I I In- ALSEUM; PAIi, DEATH " i r, . "" Girl Imprisoned in. Ticket Booth Forced to Witness Struggle in Which . Women Were Killed. ' ' By Associated Press. New York, Feb. 3. A prisoner In the little ticket booth at the Houston street moving picture theater where the explosion of a film and cries of fire" started a panic among tho 400 spectators last night, Rose Siegel was forced to be witness of the struggle In which two women were trampled to death and a . dozen others persons badly injured. ... 'I heard a cry from the inside, then a rush," she said. ''There was a crowd of person In front of my booth seek ing to enter the theater when those inside rushed out.! There was a crush against the doors; little girls, boys and men and women all seemed to shoot out together. My little brother, Ned, came running down the steps in front of the first fush and I saw him get safely around the corner of tho entrance, 1 . 'The first half dozen or so got down the steps all right and then they began tumbling. As soon as they struck the bottom landing others were on top of j them and soon there was a large semi-circle of bodies on the pavement over which the mother persons ran. More fell and at one time it seemed as .though the pile was seven fet deep. I couldn't get out of my booth be cause the doors opened Inside. I just had to stay there, helpless, and hear the cries." - -" , The panic was- caused by a boy crying "fire," when a film burned. It was a false alarm, for the blaze did scarcely a dollar's damage and was put out in a lew fieconas. rne nasn which the spectators had seen, how ever, was enough ito terrlfly them. DISMISSES ApPEAL . .0 By Associated Press, WasliliiRtorv Feb. - 8. Tho Supreme court today dismissed the appeal of Jack Johnson, the negro pugilist, In dicted In Chicago on charges of vio lating the federal white slave ait, from the uocIhIoii of the federal court of northern Illinois. Johnson's appeal was from, the Illi nois federal court's refusal to sustain a writ of habeas corpus by which the lawyers sought to test the constitu tionality of the white slave act In vio lation of which Johnson was charg ed with transporting ' in interstate commerce Belle Schrelber from Pitts burgh to Chicago. . Justice Lamar announced the deci sion of the court, which held that a person was not entitled to raise the constitutionality of law on habeas corpus unless other means of testing its validity had been exhausted. In the meanwhile, the court pointed out, Johnson had been released on ball. The court did not pass on the con tiUtlloiiullty of the law In any par ticular. NEW BOMB OUTRAGE i '-.- MYSTIFIES POLICE Slayer of Mrs. Herrera Believed to Be Person Who Killed Mrs. Taylor and Sent Infernal Machine to Judge y Rosalsky. By Associated Press. New- York, Feb. 8. The police to day made extraordinary efforts to find the perpetrator of last night's bomb outrage in the Bronx because they be lieved if they succeeded they would solve also the mystery of the death of Mrs. Helen Taylor and of the at tempt to kill Judge Otto Rosalsky, of the Court of Special Sessions. They have dlscoveded that the Infernal ma chine which killed Mrs. Madeline Her rera last night in a Bronx apartment Turkish Troops Demand Execution of Slayers Of Nazim By Associated Press. Berlin, Feb. 8. Home Indication of the trouble which the young Turks are having with the Turkish army l round In the despatches received here today. The army appears to be seeth ing with revolt because of the assassi nation of Naalm Pasha,. Its beloved commander-in-chief. Enver Bey, the young Turk leader who took such a prominent part in recent events In the capital, today went In ah automobile to the head quarters of the army at Hademkeul, In oriler to win the support of the troops, hut the soMltrx fin-M,ly prevented him fr,,m nMi.-htlm.- it Ii rernnleil -.V !-- t--o lute to H---1I t:--- It-s'.m--'-- COURT UPHOLDS "SH0EJ1ST" Government Meets Its First Big Defeat in United Shoe Machinery Com pany Case. THE "TYING CLAUSE" IS NOT CONSIDERED Court Declares Sherman Law Doesn't "Contemplate Doing of Business by Smallest Units." By Associated Presa Washington, Feb.. 3. The govern ment today suffered its first big de feat in the recent-antl-trust campaign,- when the supreme court held that the officials of the United Shoe Machin ery company had not violated the Sherman anti-trust law by organizing that company. The court however. did not pass upon the legality of the system by which the company leases machines on terms that "no indepen dent" machinery may be used. ;. The action of the Supreme court to day grew out of the Massachusetts federal court annulling one of two Indictments brought against the shoe machinery company officials. The Massachusetts court took the position that the indictment did not state an offense under the Sherman law. The government appealed to the Supreme court, by virtue of the criminal ap peals act of 1907, on the ground that it did state an offense. The government in the indictment alleged that Sidney W. Winslow, Ed ward P. Hurd, George W. , Brown, William Parbour and Elmer P. Howe violated the law, first by organizing the United Shoe Machinery corpora tion and second by a system of leas ing tholr inac nines, whereby patrons were compelled to promise not to. use any machinery made by independents, 'land to use only, that mady'tvtthe ircoiih',.'r-,w:" The charge was that the shoe ma chinery corporation took over the business of the Consolidated and Mo Kav Lasting Machine company manu faclurlng 60 per cent of all lasting machines; the McKay Shoe Machinery company, manufacturing 70 per cent of all heeling machines and 80 per cent of thu business of manufacturing shoe machinery Into one concern, and that being an "undue proportion" of trade, was a violation of the law. It did not claim that there had been unfair competition, as In the Standard Oil or Tobacco cases. The shoe machinery officials declar ed the supreme court could not re vtew the action of the Massachusetts court because the criminal appeals act was repealed by not being In eluded in the Judicial code of 1912 and also claimed that the organlza tlon of the corporation was a normal trade development They further urged that the groups consolidated Into tho corporation were non-com petlng and that the leasing system Continued on page three. . house and wounded her husband and a woman boarder, was like those sent to Mrs. Taylor and Judge Rosalsky. All three bombs were In boxes con structed so that raining the lid closed an electric circuit and caused the ex plosion. John P. Farrell, assistant Janitor of the house where the Hedreras lived, was held today a a material witness. Both Herrera and Miss Sarah Fught man, the third victim, are In a serious condition. . Pasha; Revolt The Kurdish cavalry stationed In the Asiatic section of Constantinople and In the great Beltmye barracks to day mads a formal demand for the execution of the murderers of Nailm Pasha. The men refused to obey the war minister's command to return to their homes. Rhukrl' Pasha, the Turklnh com mander at Adrianople, has caused an Inquiry to be made Into the circum stances of Naxlm's death and has an nounced his Intontlon of going to Con stantinople after the roiK lunlon nt the war to avenge the imiiM't of hir friend. He has elxo guilt- i 1 liil'or itintlon about a lurise riu nt r -f oi i --in ttlmrn h expert to hm U l- t t 1 e intit r of f.!inn. AN INCOME TAX MADE LAWFUL ABYSSINIAN KING IS REPORTED DEAD London Hears Menelick Has Passed Away and Another Reigns. By Associated Presa London, Feb, 3. King Mcnelik of Abyssigla is dead, according to a dis patch received here from Addis Abeba today. His successor. Prince LidJ Jeassu, one of his grand sons, entered the capital on Sunday with great pomp. No official confirmation has been received here of the death of Menelik, who has on several previous occasions been reported dead. Prince Lidj Jeassu who is said to have entered the Abyssinian capital as the new emperor, is only 1 7 years old. He was selected some years ago by Menelik himself as his successor. He is a youth of great intelligence, son of Ras Michael, a powerful prince and governor of three Abyssinian prov inces, whose wife was ; Menelik's daughter. LidJ Jeassu speaks Eng lish, French and German and has been instructed by European tutors. There have been many rumors dur. Ing the past five years . of Menelik's death. It was reported at one time that the fact was being suppressed, and that the empress was conducting the affairs of the Abyssinian kingdom until LidJ Jeasau was old enough to take the government into his own was reported to be paralyzed below the waist and since then, there haa been uncertainty as to whether he was really dead or alive. The kingdom of Abyssinia has - a population of eight million and pos sesses a powerful army. r. The political institutions are feudal in character. There is a sort of state council which possesses very little authority and a council of ministers with all the usual portfolios. Menelik became the su preme ruler in 1889. HOUSE BILL TO PLAGE Weatherspoon Would Make Remuneration $2000 for 15 Weeks of Service Sonetol to The Oasette-New: Raleigh, Feb. 3. Both branches of the legislature convened at noon. Jn the house Weatherspoon Intro duced a bill to put all solicitors on salaries of $2000 for flteen weeks, with a hundred dollars for every week additional Of court Stewart intro duced bills for uniform game laws and regulating the taking of oaths with the Bible. Cox, bills by the state department of health tor the inspec tion of sanitary conditions in rail road stations, coaches, hotels, cafes. Kellum introduced a bill to require vestibules of street cars to be enclos ed. The house passed a joint resolution for the legislative committee Immedi ately to investigate the South Atlantic & Western railroad as to the advisa bility of the state continuing to sup ply convicts In exchange for the stock and the charge that the laggard com pany Is needlessly blocking an Impor tant mountain pass through which some other railroad would gladly en ter the territory. The senate set the house bill to In crease the number of Superior court Judges and districts from 16 to 20 as the special order for Tuesday noon. TO KEXT PRESIDENT By Associated Press. Trenton, N, J., Feb. 8. Joseph Tumulty will bo private secretary to the next president The president-offered Mr. Tumulty the secrete rah I p s week ago and the latter accepted to day. Tumulty has been associated with Mr. Wilson since the gubernator ial campaign three years ago. He be came his private secretary when Mr. Wilson wss elected governor, but re signed last November to become clerk of the State Supreme court at a sal ary of 16,000, a position to which ht was appointed by the governor. el Men Take Law lCxamhtatlon Tty AHoelHted Preiw, Pnli-lnh, Fell. 3. Slxtv-two no h.iini one n-i'io, t-M.ti tho i-i-im - n I . f ,- ' - ; I t r i ,t-i . Wyoming's Ratification Adds New Provision to the Con stitution of the United States. DEMOCRATIC LEADERS ARE DRAFTING BILL Plans at Once Made to Put the New Revenue Raising Possibility in Use. By Associated Press. Washington, Feb. 3. -An Income tax Is now one of the provisions of the constitution of the United States. Wyoming's ratification today of the Income tax amendment the sixteenth change in the constitution and the first since the reconstruction completed a list of 86 states three-fourths of the union which have approved the pro vision, -'v. ' " ' With the final ratification, of the in come tax constitutional amendment, democratic leaders in congress were today completing their plans for a law to make it effective. It la expect ed a draft of an Income tax law will be introduced in the house before the end of this session and will then be reintroduced, and passed soon after the extra session commences. ' The democrats have been confident of ultimate success of the Income tax amendment and have made their tar iff plane with this in view. Represen tative Hull of Tennessee, who pre pared the excise bill which congress failed to pass last session. Is working upon the income tax provision. When finally introduced the Income tax will be designed to take the place of both the existing corporation tax law and the proposed excise tax. The new law probably would super sede the corporation tax and provide for a tax on all Jncome above $5000, ' although there haa been some senti ment in favor of making the limit as low as S4000. Congressional leaders who have been preparing for the final ratification by the states, estimate an Income tax would . bring in about (100,000,000 a year to the govern ment. "'- '.(,!' -. Now that the tax is provided by the constitution the proposed excise tax framed by democratic house leaders In 1912 to meet the Supreme court's de cision which held a former income tax unconstitutional will be dropped and some of its provisions may be includ ed in the new law. West Virginia ratified the amend ment lst week. One house in New Jersey and one In New Mexico have approved It Wyoming's ratification was wholly unexpected at this time. MITCHELL ON RETIRED LIST AS AN ENSIGN OAZETTE-NBWS BVREAt?. WYATT BUILDING,. Washington, Feb. 5. The senate today passed the resolu tion introduced by Senator Overman to allow Stanley Mitchell of Ashevllle to be put on the retired list of the navy, rank of ensign, This will allow the young man an annual salary of 11275. ... $1,500,000 Fire at Savannah. By Associated Press. Savannah. Feb. 0. Plans are al ready under way for the rebuilding of that section of the water front burned Sunday morning. The Merchants and Miners' Transportation company, whose wharves were destroyed, nan made arrangements for a temporary wharf and the Ocean Steamship com pany and Central railway which own ed much of the destroyed property will at once begin its re-construction. Savannah, Ga Feb. 8. Destruction by fire yesterday of the wharves of the Merchants and Miners Transpor tation company and the Planters Rice mill on the waterfront entailed a lom estimated at $1,600,000. The fire started at 1:45 o'clock and raged for four hours before It finally was brought under control. No lives were lost Park In tlie Pines Burned. By Associated Press. Aiken. Feb. 3. Park In the Pines. Aiken's picturesque tourist hotel, was A Antrrtvi.fi hv flea In n nhnrt time Yes terday, the guests having to flee for their lives, leaving most of their per sonal effects behind. All escaped In lufety, but Col. A. K. Diik, manager of the hotel, was overcome hy smoke and was dragged from the burnlni; building Just before the flumes reach ed him. The loss Is estimated at 1250,000. Taft to Nominate More Jiiilcr. By Associated Prerni. Washington, Feb. I Ueforc quits office. President Tuft rxiuv send to the eetiate the nomitui'ii five more federnl Jlldi;e, tnnK! total of 114 during hi nbnhi tlon, s record im-'inn ' ho t Hvnllahln (locninrn'H lMv. I. olher pre-ihl lit. in I n- ; i i Itilf H..--,. tn el v.