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4 W THE OAZETTB-NEWB BAB TBB . HOST EXPENSIVE ASSOCIAT ED PRESS 8ERVICB IN THB tt n CAROLINA3 It if ."WEATHER FOEECASTi FAIR WEATHER. VOLUME XIX. NO. 218. ASHEVILLE, N 0., THURSDAY AFTERNOON, OCTOBER 22, 1914. PRICE FIVE CENTS FIGHT APPARENTLY MAINST mRMANS HIGHER RATES r v ii iA V MjJt U I ivy II if H.J STHAUSS URGES iSAYS MAN SHOT lAEAIN PROTESTS ftHRANGlNG TO TODAY Various Dispatches Indicate Allies Gain Ground In ... Battle of Canals. ENGLISH WARSHIPS BOMBARD OSTEND Germans Continue Violent Assaults "'Fortunes Vary In Eastern Arena, Reports Say. London, Oct. 2. Reports that the Germans had evacuat ed Ostend and were retreating toward Brussels and their . West Flanders Army from the vicinity of the coast south to Courtrai was being hammered into a zigzag line by the com bined efforts of the British navy and the British, French and Belgian troops, seemed to coincide at so many points to day that, in the absence of claims of any advances from Berlin, opinion here was that the fighting among the canals of north Bclgiuin-Jhad , been generally against the invaders. At any rate the liermans at ' one point have been driven back as far as Thburout, and some dispatches say that their communications in the middle of West Flanders have been so disorganized that troops from Ghent are marching di rect to Courtrai rather than join their, comrades to the north, who are in danger of be ing cut off. The evacuation of Ostend was not confirmed this morn ing, but from Berlin itself came a report that British ships were shelling that town while another dispatch Baid that the guns of the war ves sels had destroyed the village of Slype on the canal between Ostend and Bruges, where it is said the Germans have their headquarters. At Sluis, only a few miles northeast of Sylpe, a victorv over the French. It is clear now that ships have been playing an import ant part in the warfare along the coast. The admiralty of ' ficially announced that the monitors Severn, Ilumber and Mertjy not only bombarded the German position south of Ostend, but landed detach ments of marines with ma chine guns. It is reported from other sources that eleven war ves sels in all are taking part in the operations but they are not named. One of those who make up the allied armies in tho fight ing zone in tho neighborhood of the Belgian border is quoted as having said yesterday : 1 ' We . shall almost certainly bo in - Brussels under a month. I, myself, expect to be in a fort-- . night" This probably represents the impression obtaining hero even though in tho mass of vague assertions regarding tho pro gress of tho fighting on the vnt lino from tho North ea to 11m Rhino, there i to bo found l.filo of a po.sitive character or demonstrable proof of any specific success, so decisive in its consequences as to consti tute a real vitory or defeat. Meanwhile the anticipation of the German evacuation of Belgian coast under pressure is still unrealized, though if the British fleet is able for a little time longer to maintain undis turbed its present point of vantage, it ca nassuredly ren der the few miles immediately abutting the sea untenable Curiously enough the monitor re tain that title from "Lincoln's cheese- box" of civil war fame, and so far ap parently Vy have been able to dodge submarine attacks, 'Hough, as 'report ed on Tuesday, at least 12 torpedoes1 were discharged at. them without ef fect. How the German submarines (rot to Ostend Is unknown. With he figh ing along the Belgian coast hardly more than 70 miles from Dover that area of hostilities necessarily holds chief Interest with the British public, though according to last night's Paris official communication there were violent actions herwand there along more than a 70 mile front, extending almost due north and south from N'lcuport to La. Basse, Everywhere the allies claimed to be holding their po sitions. ' German Right Reinforced. Reinforcements' for the German right have been spoken of dally since Ostend was taken, and today comes a report that 'Austrian forces were be ing transferred from the Italian fron tier for this quarter. Rumors that Emperor William Is seriously 111 are filtering In here via Paris, and ths with a report that a Oerman fleet Is on Fa'lsterbo, Sweden, are among the usual-crop of uncon firmed narratives that London Is dis cussing. From the east comes a claim of the Austrlans that they have retaken the last point In the Carpathians held by the Russians and It was added that there Is "now no enemy on Hunga rian soil." A reiteration that the Germans have been routed south of Warsaw was the gist of Petrograd's latest Communication. The members of the American com mission charged with the duty of sending food to the starving Belgians are due to meet In LorJderi tttday. Twelve Ships MnKP 1 A Norwegian steameru'WhiA ar rived at Las Pal mas, CTftrary Islands, according to a dispatch from that place to Reuter's Telegraph company reports that she was visited by a Oerman cruiser whose captain de clared he had sunk eleven British and French and one Italian steamers, IVinilwrcl Germans. The Amsterdam correspondent of the Dally Chronicle, In a dispatch dated Wednesday, concerning ths fighting on the Kelglan coast, ssya: "For three days lirlllsh warships have been bombarding the German troopa who are trying to reach Nleu port. With the co-operation of the French artillery, the Germans were driven back on Mlddlekerke, where the Invader are entrenching them selves. 'The Germans today bombarded Nleuport from Marlakerke, their at tack being vigorously replied to by (Continued on pugs 9.) ATTACK TSIXO-TAU. X K It I New York, Oct It. The East ! and West News bureau gave out t this afternoon a cablegram from H t Tokln, dated today, as follows: . t "The Japanese naval general t staff announce that the marine tt t heavy artillery corps Is engaged t on the twenty-second (today? In W the attack upon Tln Tsu, and K that a part of the Japanese fleet tt tt tt t i 1 keeping watch on the enemy' tt warmhijis, hovering about Ha- It wall." ... It t it f. HXXKXttttSttt'l DEFENSE OPENS III STEEL CASE Counsel for Corporation Ar gues that Little Competi tion Was Suppressed by Big Combination. GOES INTO MEANING OF TRADE RESTRAINT Declares the Suppression of Competition Does Not Nec essarily Mean the Re straint of Trade. Philadelphia, Oct 22. Opening the argument In behalf of the defense In the government suit to . dissolve the United States Steel corporation on the ground that it Involves the anti-trust 'laws, Richard V, Lindabury declared to tho court that he did not know of any important rase brought under the anti-trust laws where the amount of competition said to be suppressed was so little as in the case now before the United States court "In reading the record of this proceedings," he said, ".you will be astonished to find how slight the competition was that Is alleged to have been suppressed." Mr. Lindabury began his argument after Jacob M. Dickinson, chief coun sel for the -government In the. disso-, lull on Bult, had concluded his opening address of six and one half hours. Mr. Dickinson ended by declaring that the steel corporation had used Its power moro to exact non-competitive high prices from the public rather than to destroy competitors. Referring to Interlocking directorates, he declared that when the suit was begun against the steel corporation its dij-ectors were interested in compa nies that controlled nearly 60 per cent of the railroad mileage of the country. Mr. Lindabury In his argument went Into the meaning of the term "re straint of trade." He declared that suppression of competldJon does . not necessarily restrain trade. He also as serted that the companies taken over by the steel corporation In 1911 were not In substantial competition. CHARGE BRINDILLA IS OWNED BY GERMANS Halifax, N. S., Oct 22. Service was expected today of a writ which has een Issued In the admiralty court against the steamer Rrlndilla owned by the Standard Oil company, of New Jersey, which was seized by the Brit ish auxiliary cruiser Carolina and brought here a few days ago. The writ charges that the transfer of ths steamer from German to American registry was not bona fide and that the ownership of the Brlndllla Is still German. The owners are given seven days In which to die a defense. It Is understood that after the sheriff has placed officers on board the steamer the crew will be sent back to New York. WIRE COMMUNICATION WITH LISBON IS CUT I-ondon, Oct 22. The Havas corre spondent at Oporto, Portugal, has sent the following dispatch: "Telegraphic and telephonic communication with Lisbon has Wen cut A number of unloaded bombs huve been found on the railways. A revolutionary outbreak In Portu gal was reported yesterday. The out break occurred at Braganza and Ma fra and was attributed to royalists whose object was said to have been to prevent Portugal Joining the allies. It wss officially announced from Lis bon that the uprising was promptly put down , DESTRUCTION AROUND LILLE IS TERRIBLE London, Oct. it. The correspon dent of the Times at Boulogne under date of Wednesday, describe the des perate fighting of the past week In which the German have been driven bark from village to village to the outskirts of Lille. Ho ays: 'The destruction has been terrible. Borne Of lr) villages have been shelled by both the allies and Germans and many non-combatant have been kill ed. A whole family was found deed In one house. The allies gained much ground but are now coming In touch with the main German position at Lille and are diguing themselves In to hold their ground until necessary reinforcement can reach thsm." . N. Y. Banker Quotes Sir Geo. Faish, Financial Expert, in Support of Plea of East ern Railroads. FEARS SECURITIES WILL BE THROWN ON MARKET Thinks They Must Be Support de by Higher Earnings if English Investors Are to Hold Them. Washington, Oct 22. Statements of Sir George Palsh, the English finan cial expert, were laid before the Inter state commerce commission yesterday In support of the plea of eastern rail roads for a general increase In freight rates. Frederick W. Strauss, a New York banker, testified Sir George had told him he was anxious that Ameri can railroad securities held In Eng land should not b thrown upon the market. f Mr. Strauss urged that railroad se curities must be protected by greater earnings for the roads if they were not to be unloaded when the stock exchanges were reopened. Commissioner Clements, who pre sided, associated with Commis sioners Clark and Meyer, asked the banker If he believed the shipper sheuld be compelled to guarantee all railroad securities by paying higher freight rates, although It had been shown many such securities were issu ed for purposes of negotiation without regard to the Welfare of the property. "If this were merely a question of protecting railroad Investors without -MttoXloiwto th'!blpper1-I would, nut be here." the wjtness said. 'The In vestor must take his chances." "Then at any time in the future no matter for what cause, if the need of money and impairment of : credit might be as great as now," said the commissioner, "It would be anoth sufficient reason for advancing rates." "I do not assent to this," said Strauss. "Each emergency must be treated by Itself." The witness added that since this government was committed to a policy of government regulation of railroads It must accord Investors In railroad stocks or bonds a measure of protec tion. Otherwise nationalization of railways must follow, he said. Counsel for the commission con cluded the examination by drawing fr,om Mr. Strauss a statement that he had made no particular study of the financial condition of the eastern rail roads and that the conditions he de scribed affected all American railroads equally so far as he was specifically In formed. The witness declared, however, that his Impression was that tho eastern lines stood in most urgent need of relief. Washington, Oct. 22. Cross exam ination at the Interstate commerce commission hearing today on the ap plication of the eastern railroads for higher freight rates, developed testi mony that the rate of Interest on fixed charges of the railroads had dropped during 1913 to 4.44 from an average of 4.80 for the ten years preceding. It aUo developed that the average divi dend rate for 1913 was 6.48 as against a ten year average ot o.u. In examination of figures presented by Mr. Oldhum, Louis D. Brandels, the commission's counsel, drew the conclusion that the amount of capital required by the roads to earn a dollar on a year's operation had decreased during 191.1. Mr. Oldham Insisted, however, that the falling Interest charge did not Indicate the roads had borrowed money at a lower rate. Under examination by Clifford Thorno, counsel for several shippers' organizations. It was developed that the decline In net Income of the rail roads had been fractional and that the roads had been maintained at a higher level during 1913 than during previ ous years, Mr. Oldham agreed that that would seem to Indicate the roads were, making larger net revenues. Ho contended, however, that they should have the Increase without delay. He said that while bankers were In complete accord with the commlj- Hlon'a suggestion In the previous rate decision, that by more careful man agement and certain reforms the roads could increase their revenue, the European war had brought about dire conditions which made It "dangerous" to await the working out of such re form. When Mr, Oldham left the witness stand It was announced that the bank er had finished offering testimony, W. C. Maxwell, general traffic manager of the Wabash railroad, took the stand to offer statistics to show de creased earnings for 1913, and 1914. 8. C. to Issue Bond", Columbia, S. C, Oct 11. The bum of 136,000,000 In bond for the pur chase of cotton by the state of South Carolina waa authorised In a- bill passed by the Ut x-nat yesterday by a vote of 26 to 4. Ths bill now go to U house. Counsel . Mrs. Carman As- serQ ime Was Done by Man Whose Motive Was Unknown. MRS. BAILEY EXPECTED TO GO ON THE STAND Woman Accused of Murder of Mrs. Bailey, Expected to Be Her Own Chief Witness. Mineola, ' Oct 22. Mrs. Florence Conklln Carman, on trial as the slay er of Mrs. Louise Bailey, entered the court room on this, the fourth day of her trial, expecting to take the stand this afternoon, her own chief witness. Presentation of tho state's case It was thought, would be concluded this forenoon. Frank Farrell, who testified j yesterday afternoon that he had seen a woman running from the window through which the shot was fired, was recalled to the stand for a continua tion of his cross-examination when court convened this morning. As on preceding days the court room was crowded with women. John J. Graham, Mrs. Carman's lawyer, questioned Farrtfll closely about his movements on the day of the murder. The story related by the witness was practically the same as that given on direct examination. "We will prove," said Mr. Levy, "that this crime was not committed by Mrs. Carman, but by a man whose motive we do not know." Mr. Levy told of Mrs. Carman's ac tions on the day and night ot the murder-: He .said she went . to New York during the day, " contracted a headache and after dinner went to bed. "Mrs. Carman will tell you that she then heard a shot and some commo tion down stairs," he said. This was the first defnite declaration from the defense that she was to testify. "She Immediately put on a kimono and leaned over the banister. She did not go Into the office because Dr. Car man had forbidden her to do so. "She will admit a'll about the tele phonic Instrument and will tell you that she had It installed to find out if the things she had heard about the doctor's relations with women w re true. We will show you that there can be no suspicion attached to Mrs. Car man's talks with me because I was a friend bf the family, and have been for years. As to the witness, Farrell, we will prove him a liar." A vigorous assault upon the testi mony given yesterday by Celia Cole man, the Carman maid, was begun by the defense with It first witness, Benedict Chesman, a negro steno grapher of New York. Chesman testified that he and two negro lawyers called on Cclla In New York on July 14 last, and that the lawyers questioned Cclla about her knowledge of the crime while he took down questions and answers In short hand. He Identified a typewritten statement as that which she had made. In It, Cclla said she wanted to tell the Avhole truth. .She waa not under oath, however, and she made no mention or Mrs. Carman having shown her a revolver. Minor witnesses were expected to be placed on the stnnd today when counsel for Mrs. Carman, begin the presentation of their case. The prose cution had about finished with the testimony, at adjournment time yes terday, of Frank Farrell, the unem ployed engineer, who corroborated the story told by Cella Coleman, the ne- gro maid In the Carman household, tending to directly connect Mrs. Car man with the murder of Mr. Bailey. That Mrs. Carman will be a witness In her own defense seemed assured In view of the testimony of the maid. After an hour and a quarter's cross examination Farrell was excused and the state announced that It rested Its case. George M. Levy of Mr. Carman's counsel then began his opening ad dress. COMMERCIAL ATTACHES TOURING THE COUNTRY Washington, Oct. 22. American commercial attache recently named for posts abroad are touring many section of the United State to ob tain suggestion for the conduct of their new work. All the tour will close within the next three weeks. Dr. C. W. A. Vediti, the Austrian attache, and several others are tour ing southern cities. Their itinerary In clude New Orleans, Houston, Dallas, Little Rock, Memphis, Birmingham, Atlanta, Chat' snooga, Jacksonville, Pensacola and Uablle. Keek German Fleet Toklo, Oct 11 A Japanese squad ron. It is officially announocd. Is seek ing the German fleet In th r.elKhbor hood of HawaU. State Department Takes Up Matter of Brindilla Sei ; zure by a British War Vessel. STAMER WAS BOUND FOR PORT IN DENMARK England Should Take up the Matter of Re-Exporting "Fuel" With Denmark, U. S. Viewpoint. Washington, Oct. 22. Acting Sec retary Lansing of the state depart ment announced today that the Unit ed States had protested to Great Brit ain against the seizure of the Ameri can steamer Brindilla, now at Halifax, N. S., as unjustifiable, and demanded her immediate release. Secretary Lansing said the. Ameri can prptest made through Ambassador Page was similar to that lodged yes terday against the seizure of the John D. Rockefeller, bound from Philadel phia to Copenhagen. He stated that the Brindilla also was playing between neutral ports New York and Alexan dria, Egypt and he was satisfied that even though there had been a change of registry from German to American, the ownership was continuously American. The cargoes of both the Rockefeller and the Brindilla contained Illum inating oil, which has not been spec ifically declared contraband in any list sent to the state department by Great Britain, although officials here believe Great Britain regards that oil as cov ered in the general prohibition against "fuel.",' .... ... , I It is the British contention that Il luminating oil can be used for pro pelling Zeppelins, submarines and torpedo boats. Quantities shipped to Copenhagen raised suspecions that the oil might find Its way to the German j naval and aerial base at the Kiel canal. Theviewpolnt of the United States is that this would be a matter for England and Denmark to adjust, es pecially since an embargo on the ex portation of petroleum has been de clared by Denmark, according to the understanding of state department officials. Sir Secil Spring-Rice, the British ambassador, conferred with Mr. Lan sing concerning the various seizures of the oil ships. Mr. Lansing said later the American consul at Halifax had experienced some difficulty In Inter viewing the captain of the Brindilla to obtain facts of her seizure, but that the British ambassador had promptly adjusted the incident. No complete report had been re ceived today at either the British em bassy or the state department of the circumstances under which a third tank steamer of the Standard OH com pany the Platuria was seized but it is believed another protest will be made as the facts In her cose are re ported to be similar to that of the John D. Rockefeller. OF EL Officers to Be Chosen by Bar Association Today Naon Makes Address. Washington, Oct 22. Transaction of general business Including final con sideration of the question of negroes becoming members, marked the final day's program of the American Bar association today. An address by Ambassador Naon of Argentlnea on "The Argentine Con stitutional Ideas" waa the first event of the day. Nomination and election of officers were to follow and later to day the race question was up for ar gument The question of negro membership arose out of thi, election of three ne groes. In 1911 a resolution was adopted by the association, directing that thereafter recommendation for merbershlp of a negro person should be nccommpanied by a statement that he was of tho negro race. Moore field Storey of Massachusetts Is lead ing a fight to rescind the association' action. A. and M. vs. West Virginia. Raleigh, Oct. 22. The North Caro lina A. and M. and the University of West Virginia football team will meet here this afternoon at I o'clock. Fullback Tenney of the A. and M. team, who waa Injured early In th n, wnu wu mjureu triy in me son will again be In th line-up. weather I cool and clear. season Th Conference Agreement on Wax Tax Bill Virtually Assures the Close of Congress Sessions Tonight. HOUSE CONSIDERING REPORT OF CONFEREES Southern Members Still Want Cotton Relief Legislation But Are not Likely V to Get It. ii-. Washington, Oct 22. The confer-' ence report on the war revenue blU was adopted by a rising vote of 126 to 52. Washington, Oct. 22. With a reso lution adjourning the present session of congress at 6 o'clock framed and awaitl. i presentation the house today hurried jonsideration of the adminis tration Vkar revenue bill. The confers ence report on the war tax measure was brought in by Majority Leader Underwood and one hour was allow ed for discussion of Its provisions. The elimination of the additional 25 cents a barrel tax on beer and of the five cents a gallon tax on rectified spirits obviated practically all of the troubles that opposition to the mea sure in the house. The Resolution. Meantime the senate awaited the action of the house on the conference report. Representative Underwood and senate leaders after a conference drew up the resolution which would bring to an end the session of congress which began nearly eleven months ago, following a continuous session of a year. The resolution read: Resolved by the house of repre sentatives the senate concurring, that the president of the senate and the speaker of the house of representa tives be authorized to "lose the pres ent session by adjourning their re spective houses on the twenty-second day of October, 1914, at 6 o'clock; p. m. ' Following is the resolution to noti fy the president: ' '".- "Resolved that a committee of three members be appointed by the chair to Join with a siml'lsr commit tee appointed by tho senate to wait on the president of the United State to inform him that the two house have completed their duties of tho present session and are ready to ad pourn unless the president has soma communication to make them." Representative Fitzgerald, chalrmaa of the house appropriations commit tee, also framed a resolution which, would pay the salaries of capitol em ployes for the current month, imme-j diately upon the adjournment of con gress. Ail of the other routine for closing the session was also under way. Amendments to the currency law and the Lever cotton warehouse bill which were side-trucked yesterday In, the house foriowing the defeat of the. $250,000,000 cotton loan plan, were In line for iui.slciera.tiun, following the conference report When the full conference commit tee on the war revenue bill met today the final agreement on the bill wa reported by a strict party vote, re publicans voting against It. The last act of the conference befo. the rec ord vote was to restore the house provision that the proposed taxe should go Into effect the day follow ing the passage of the bill. Senator Simmons, chairman of th finance committee, wa unable to forecast what action the senate might take on tho conference agreement and the adjournment resolution, but there was the general appearance of pre paration for an exodus throughout the senate office building. Washington. Oct. 22. Adjournment of congress at 6 o'clock tonight ws arranged by administration leader of both house today and a formal res olution to that effect was prepared. There waere some rumblings of a fili buster by southern member who want legislation to relieve the cotton sltuntlon, but the democratlo leader seemed sure ot their plan. When the house met at 10 o'clock It began killing time by reading the journal In full while, awaiting the re port of the conference on disputed point In the war. revenue bill. The senate was ready to follow action of the house. Adjournment of eongres tonight virtually was assured a a result ot th action of the conferee of the two house In reaching a final agree ment on the war revenue bill. Leader in eongres had determined to press for speedy adoption of the conference report In both house todsy. The conference report we ready for presentation when th house met today. The program called for Its con sideration In the enste after dlsciu. slon In the house. With member of congress anxious to get home, lnrtlca- tlon were todsy that th measures In the proposed plan of cotton rellrf, legislation to permit national bsnkai to bwue circulation note based en, 30 I to I Sommerclsl paper and to llrennei r,i- n warrhou'es would be "pockf'Ssl"! (Continued on Vi 1.)
The Asheville Times (Asheville, N.C.)
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Oct. 22, 1914, edition 1
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