lHF GAZETTE-NEWS HAS THB ASSOCIATED PFtlSsS SERVICER IT IS IN'. EVERT RESPECT COMPLETE!. :: i V. WEATHER FORECAST PARTLY CLOUDY; COLDER. drud-lse. i fire xury, con- aets, hex- way tyoc r readi,' y '0 6 rue- 'our and 00. JO. Mr pLUME XIX. NO. 275. RUSSIANS ARE MASTERS IN CARPATHIANS AGAIN I !USTRIA ADMITS p NEW SETBACK I Means Withdrawal of Aus- trians From Attempt to Take Part in Concerted Attack on Russians. VEDIOUS FRENCH WAR IN WEST-CONTINUES British Observers Admit Im portance of Trenches Cap tured at Hollebeke by German Forces. London, Dec. 29. British ob servers of the progress of the war, point this morning to the idnu.ssion m the Austrian of ficial statement that the Rus- sians have once more made themselves masters of the pass es in the Carpathian mountains and that the Austrian troops along the entire Austrian front from the Biala river to a point to the northeast of Dulila pass seems to be falling back, i Hi is moans the withdrawal of virtually all of the , forces which had been sweeping for ward in order that their an ex treme right wing might join in the concerted Austro-German attack on the', Russians, and marks another surprising re versal of form on the part of the Austrian soldier whose for tunes of war. have been con- spicuuisly erratic. Elsewhere in the east there appears to be little chance' in the situation. On the west front the slow and tedious trench warfare is uninterrupted and only slight wins are being noted by either side. British observers con vle the importance of the trenches ut Hollebeke to the south of Ypres which 'were lately captured by the Germans anil jxunt out that their stra tegic value is emphasized by dispatches from French sour The French continue their efforts to croRs the Lyg which the Germans tenaciously hold, the taking of which would give them a strong foothold. - Fear of a Zeppelin raid on Indon which recently had Wore or less subsided has again lf-n raised by the possibility of an aeroplane raid. The com parative ease with which the English airmen reached Cux haven lias driven home the idea that a retaliatory visii by the fi'Tnmns would present no flat difficulty. All the nir machinery to meet such a raid been tightened and official Earnings as to the best means of circumventing such a move, ''i'h had heretofore been giv J'n "uly in the const towns, hvc now been issued in Lon- unrj. FkHi, Dee. J,An official stats- rlon of Lena, neir Car- t. fc "wy yielded under ourwt yards of tl first line "' the valley 'f the AUne and In -mpBfr,, ,hf(r h lfin )n(rr rHrr t I uniit..,. ptutltu V .vrre at J.ll,..i, M,d ( )i.rtha "l Snrtny fl,,, lr, thr ,rt. , , " 1 ri " ! .'nu.n. wrt t t " M'tl'inrr. 1 (. ) oi-rupli-d by . ' i f 0 Miiue wo ' . " ASHEVILLE, N. C. TUESDAY APTWPwnnw nvnviufoTT o i . : nave made alight progress along our entire front. "In the Vosges the enemy bom barded the railroad station -at St Di,e. ' "In upper Alsace to the northeast of Stelnbach several counter attacks by the enemy were repulsed." Attacks Fall. Berlin, Dec. 29. .(By Wireless to London) The Rtrmin ov. -- al staff issued the following state mmi ui cserun yesterday: . , "In the mit th onami, v.-... ... successfully renewed their attacks around Nleuport and have been sup ported by warshlna. Nn Aamaa-. , - " -j vj nwi done to 6ur forces but a few of the innaoiianta of Westende were killed. An attack In tha roirlnn nf Cf n... also failed." "South of Ypres we have captured one of the enemy's trenches and doz ens of prisoners were taken by us. Several violent counter attacks In the region to the northwest of Arras were repelled by our troops. j "Southwest of Verdun the enemy repeatedly attacked end pulsed. Similar attacks were made on hntnk. . - J, . imu ..c.Kiiuo or nenneim where we fought yesterday. ; "There Is Tift TlAWn frnm "ITaaf Dri.n sla and Poland. North of the Vistula nnu on the left bank our attacks are developing. We have been impeded by the unfavorable yeather." OF Majority on Naval Affairs Committee Said to Favor Middle Course. . Gazette-News Bureau, ' " . W.vatt.Buydinir, Washington, Dee. ::J. The, house committee on naval af fairs expects to submit Its .-epirt cn the naval building program for the coming fiscal year shortly af'er con gress reconvenes. The Rub-commlttae, which conducted numerous hearings, ! probably will make Its recommenda tions to the full committee todav. , The majority sentiment of tho com mittee Is said to be in favor of iwa dreadnoughts, as suggested by Secre tary Daniels, and opposed to the four four battleship program proposal by the general board, of which Admlvnl Dewey Is the head. The success of the submarine In tho European war has gained friends fcr the underwater cl"aft in the committee and It was said by a memtier todcy that provision probably would be nude for 10 of the submerged types. f"f this number perhaps seven will be de signed for coast defense patrpj, the other for sea duly. There also is a strong hdlef among the committee members that the ap propriation for naval air craft should be greatly Increased, and it Is not un likely that one or two millions may bo apportioned to this branch of the service. , The bill also will provide for various auxiliary craft, such as the six de stroyers, which Secretary Daniels ask ed for, one gunboat and one oiler. The total appropriation, It Is estimat ed, will be about f 145,000,300. Last year $1 40.233.7141 was allowed, exclu sive of the $4,635,000 appropriated from the sale of the battleships Idaho nd Mississippi. As in former years differences of opinion have developed In the com mittee.' There Is an ultra conservative and an ultra radical- element, also some who are pursuing a middle course. The conservatives may lead a fight .to eliminate the big battbshlp program altogether or reduce the number to one and use the money thus saved In building additional subma rines. The radicals or the so-called "bigger navy" contingent, mny be ex pected to demand that the recommen dations of the general board be fol lowed. The board. In addltftm to four bat tleships, asked for 16 destroyers, 10 (Continued on page 7.) . 'NOT AMEWCAN VESSEL. Wushlngton, Deo. !. Cap- m m tnin iimm of the armored cruls- H K er North Carpllna stationed at H H Uelrut, nyria, nas iniormea me i nival (triiiiriniRnt that It was a 1 H ltusslan and not an American H t veiuH l that threatened to bom- s m t.mrA Trlnnll because Turks at- t t tacked fhe crev of an American H H merc hantman. Captain Oman l t stated that there was no Amerl- H It can merchantman south of t AUxandr!tta, Syria, on Decern- H It btf I. t Athens dispatches had report- K I ed thnt the crew of an Amerl- H Ckh inerchsnt Vessel had burn H 1 attacked by the Turks at Trip- Kt H on when foreign consuls and t t refugees were a ttumptlng to K s Ixisrd the veoiMil 'iind that the r K North Carolina had thrctened to biimbard the town. K TWODREADNAUGHTS INSTEAD FOUR SAYS DIRECTOR SHDLILO OIHECT Comptroller of Currency Urges Uniform By-Laws for Na tional Banks in An nual Report. LIMIT TO DEPOSITS OF U. S. BANKS URGED Thinks the Comptroller Should Have Power to Remove Of ficers and Directors- . More Bank Business. Washington, Deo. 29. Comptroller Williams of the currency bureau sub mitted his annual report to congress today. It covers the beginning of the transition from the old national bank ing system to the new federal reserve system, as we,ll as the operations of more than 7000 national banks which have become part of he new system since his last annual report was made. Aside from reviewing the provisions of the new bank law and the steps by which it was put into operation, tho comptroller makes some recommenda tions for new legislation. Thej ar: An amendment to require uniform by-laws for national banks. Ii) thnt connection the comptroller declares many banl: directors fall to dlreot and says any director who does not attend a majority of board-meetings in a year should be ineligible for re-election. An amendment to permit signatures on national bank notes to be printed instead of made with pen and Ink. which would permit the bills to be washed and restored to circulation. That national banks be required to limit their deposits to ten times their combined capital and surplus. That the comptroller be empowered to remove, with the approval of the secretary of the treasury, any director or officer of a national bank, guilty of violating any of the more imprinnt provisions of the bank law and direct that suit be brought against them in the name of the bank to recover for the results of any malfeasance In office. Of the federal reserve act and what It is expected to accomplish for tho finance and commerce of the country the comptroller says: "The federal reserve act is designed not only to cure weaknesses and de fects of the currency system under which we have struggled, and some times staggered. In the past, as v.'c have outgrown the conditions and passed beyond the circumstances which it waa especially provided to meet, but to offer to the people of this country many new advantages and op portunities, while emancipating busi ness from many evils, difficulties, nrd troubles with which It has been tui -dened and from which It has found no escape." ' Bank Statistics. At aome length the comptroller re counts the actlvltlea of governmental agencies to aid the financial and busi ness world during the stress at .ho outbreak of the Ruropean war. Ho covers practically the same grou.id as Secretary McAdoo did In his recent-report to congress.- The remalndjr (f the comptroller's report Is given over to statistics. There were 26,766 banks reporting to state and federal officers in the United States at the close of bushiest on June 30. Those banks, Including all kinds, had aggregate resourqes of 126,971,898,0311 showing' an Increase of mors than $1,200,000,000 In tho year. There were 772 more banks ie porting than the year previous. The banks showed loans and discounts amounting to 115,218, 357.284 with In dividual deposits subject to ch cl without notice amounting to .If.iH, (71,744. They held gold coin and ?iU certificates totalling more than $112 -000,000. Within the year ended Octo ber II, 1914, the comptroller saya, .":19 applications were received from per sons wishing to organise ' nation, il banks. Of these 226 were approvoJ. CHRISTMAS RUSH DID NOT SWAMP SALISBURY Special to The Oaxetle-Newa. Salisbury, Dec. 29. The' Christmas rush made unpredecented demands upon the local postofflce force but these demands were met by Increxsed forre and extra hard work so that no conges! Ion was noticeable when Chrlims was over. At the local par. ril post terminal station during the .i. Amvm at I h r ll mnji week 1.109 sacks of parcels were handled. These aversaea IS parcels to in ir, min ing a total of ever 30,000 packages.. P I A T Rin nin iiinnnnr U.O. M I ITipPL! This Government Makes Strong Representation to England in Regard -to Neutral ; American Shipping.- HOSTILE DESTINATION MUST BE ESTABLISHED Objection to Method of Putting 4f Burden of Proof on Ves selsNote May Have Far Reaching Effect. Washington, Dec. 29. Ofdoial Washington is awaiting with much interest the outcome- of the forth coming conference hotvvoen American Ambassador to London Pafji? and Sir Kdward Grey, tho British, foreign secretary, t which tho representa tive of the United Starts will present a long note insisting that legitimate commerce of Americana -be not mo lested by the British fleet. The com munication reached London today and is regarded as the strongest rep resentation the Unite J States has made on commerce since the begin ning of the Kuropuan v.-ar. In view of Uuj important princi ples laid down, :t is expected to have far reachjmr .-ffect on. the altitude of other neutral countries tow;ird the general subjoct of contraband. Soma diplomatists th3Jt;h the note might hasten the conference of neutral na tions which was ur,j.d by Venezuela to revise the rules of .International law for the protection of neutral commerce whito countries aro at war. The note wvu noi the result of any particular violation of the rights of commerce but Is intended as -a pro test against the attitude of Great Britain, to which France has pracati- cally adhered, in thtjir treatment of neutral cargoes. The note points out that the united States exhibited much patience dur ing the early days of the war when it realized the burdens of the BritiBh foreign office. It declares that dur ing the five months of fighting the situation has grown worse. The Uni ted States insists that the facts which prove that a hostile destination is in tended for any cargo should be shown at the time of the seizure, end claims that the presumption of guilt is not on the vessel of neutral com merce but that the burden of proof rests on the belligerents. "The Ameri can government maintains that bel ligerents may have the right to search a vessel but that the vessel cannot be drlveri to a belligerent port unless proof is shown at the time of the de tention of the hostile destination of the cargo. One of the far-reaching points In the note is its attitude on "absolute and conditional contraband destined to belligerent countries." The Ameri can government argues that the bel ligerent must prove that conditional contraband la destined for use by the navy of an enemy II the vessel la seized. In view of this the United States government Insists that there shall be no Interference with condi tional contraband destined to neutral countries. The communication Is couched In friendly terms. A reply Is not expect ed for several days. Washington, Dec. 29. The United Struts government has dispatched a long note to Great Britain Insisting on an early Improvement In the American-commerce by British fleets. It warned Kngland that much feel ing had been aroused In this country and that public criticism was gen eral over unwarranted Interference with the legitimate foreign trade of the United Slates. The document constituting the strongest representation on the aub Ject made by tho United States to any of the belligerents, was cabled to Ambassador Page to be formally presented to Sir Kdward Orey. the British foreign secretary. Its prepara tion waa begua a month ago by Soli citor Cone Johnson, Counsellor Rob ert Lansing, and Secrotsry Bryan, and during the last two weeks the personal attention of President Wil son, who revised lla phraseology with minute csre. A the detailed point of view of the United Stalea In the numerous specific cases of detentions and scls ures of cargoes had been set forth In a srlee of emphatic protests, most of which have gone unheeded the last communication waa couched In gen eral terms covering the entire sub Ject of the relutlona between the United States and Great Britain aa affected by the la iter's naval policy, considered highly objectionable to thla government Tho note declares at the outset that the representatlona are made In friendly spirit hut that the United malm considers It bent to speak In term of franknene lest sllnnrn ,le construed as an acquiescent to a policy of Orest Britain which In fringes the rights of American cltl inns tinder thn laws of the nations. Since rrnnro has adopted virtually (Continued on Jage 7.) II tl.C. CRIME The Attorney General's Report Shows Growth in Criminal Cases During the Past Two Years, SUGGESTS FULL TIME FOR ATTY. GENERAL Would Combine Indictments and Thinks There Should Be Seven Justices of Supreme Court. (By W. T. Bost). Raleigh, Dec. 29. Attorney Gen eral T. W. Bicketfs review and rec ommendations made to Governor Craig carry criminal statistics that show a large Increase in crime, and record numerous cases whose inter est is not confined to North Caro lina. The attorney general declares him self in favor of that sentiment that would exact of an attorney general his full time in the office. He speaks from experience in declaring the sal ary too small to permit such devotion to the office. He makes many other recommendations. He would like to see the detail of the criminal prose cutions lightened by combining small er counts with greater and uniting under gone form of indictment ( the several indictments covering the same thing. He believes the Supreme court is overworked and that there should be seven justices instead of five. He realizes this means an amendment and he Isn't enthusiastic over the prospect of getting such an amendment in the North Carolina state of mind. - The increase in criminal case Is strikingly large. The total number of cases reported to the attorney general for the two years covered was 22,609. There were 10,410 for the year 1912 191 and 11,099 for 1913-14. The total number of cases In the biennial report two years ago was 18,853 and four years ago 21,654, Homicidal Increase. Of the 22,509 cases reported, he cites 19,165 actually tried, 3,344 nol prosseB; and of the 19,165 actually tried, 16,458 were convictions and 2,707. acquittals. This represents a percentage of 86 for convictions and 14 for acquittals. These figures will Impress with the power of the state's attorneys. There were 522 cases of homicide tried in this biennial repost. Two years ago, there were 367 and four years ago 329. The attorney general has appeared In the Supreme court In 124 of these crimlnlnl con victions, two years ago in 115 and four years ago 82. Tho Increase Jn six years has been more than 60 per cent. The attorney general goes Into the Cleveland and Smith cases from Mecklenburg involving state comity, tho freight rate fight In and outside the state, the state boundary and va rious other cases In which the de partment ha appeared. Norrln Still Investigating. Solicitor Norrla continued the In vestigation Into the death of J. P. Ryder, the Washington man who died In the police prison Christmas night and last night still held the body to mrtke autopsy If enough evidence of poison or other criminal treatment Is discovered to make a probable case. The relatives were on the point of having It shipped to Washington when the solicitor had Intimation of Ryder'a mistreatment and robbery. The police department had observed nothing wrong except a drunk, but the solicitor ordered the arrest and detention-of It. F. Brown of Balti more, who l alleged to have been with Ryder and to have had his ring at one time. Ryder had no money when found dead and no Jewelry, Governor Craig haa offered a reward of 1100 for the capture of John S. Adams, who Is wanted In the county of Swain for the murder of John W. Whltson. The Pocahontas lodge A. F. A. M. fratern.il, was chartered yesterday with M. A. Uarton and others Incor porators. The home la Pembroke. The Carolina Land and Lumber company of Moynck hns dissolved as did the Haywood Ijind and Lumber company of Woyneavllle. PHILIPPINE INCIDENT IS CONSIDERED CLOSED Washington, Dec. 29, With no ad ditional advices from the Philip pines, war department officials Inst night' expressed the opinion that the recent disturbance there, which they declined to call an uprising, was a closed Incident, fully explained In the report cabled Sunday by Governor General Harrison. One official aald I he report did not dlscloea more aerloua dleordera than nit' be found In any city the alxe at. Mi' alia In thla country. ! .phasis also was laid on the fact that propaganda leading In the trou ble waa fathered by the exiled Rl- rnrta and equally Irresponsible trad era In the Islanda, URGES BETTER DISPJTI , - - ; Dr. MeQo 4ays Fanners Suf fer,& aat Loss From the v .allure to Study ' Conditions. CO-ORDINATION WOULD REDUCE LIVING COST Says Low Price to Farmers and High Price to Con sumers Is Mostly Due to Waste. Princeton, N. J. Dec. 29. Co-ordination in distributing commodities will do much toward reducing the cost of living and bring greater profits to the farmer, Dr. Royal Meeker, United States commissioner on labor statis tics, told the members of the Ameri can Economic association in conven tion here today. While Mr. Meeker admitted that farmers doubtless had lost money through dealing with unscrupulous imarketmen many lossea were attrib utable to failure to acquaint them- dcivco nun iiitti ivei, vunuuiuns oeiore shipping. "The great majority of cases In which farmers have shipped produce to commission merchants and have re ceived little or nothing In return are not cases of dishonesty at all," he said. "In most Instances tho loss Is due to Ignorance of market conditions, bad packing, bad selecting and grad ing, or poor transportation arrange ments. There Is an almost perfect lack of co-ordination in distributing commodities. The resulting waste is stupendous. "Cantaloupes were shipped last August intc Washington in such quan tities that commission merchants re fused to handle them. On one day fifty-eight carloads of peaches were dumped into St. Louis, which ordi narily can absorb about fourteen or fifteen carloads a day during the peach season. One hundred sixteen carloads of apples struck New York city one day last month. The market was so glutted that apples from North Kaston, Pa,, netted only about seventeen cents per bushel. At this time the consumer was paying $1.60 to $2 per bushel for bad apples, while the producer was receiving from fourteen to seventeen cents per bushel for good apples. "The differential Is enormous but it represents wastes rather than prof its. The fault is due mostly to a lack of co-ordination in our economic system, and scarcely at a'.l to the dis honesty of individuals. The solution can be achieved neither by prosecu tion of commission men r.or by elim ination of them, but by denization of the market, but the law can effect some Improvement by licensing and bonding commission r.eiclianta and subjecting them to federal Inspec tion. "A more Important step Is to or ganize the farmers into local co-operative associations. The federal depart ment of agriculture la doing good service to encourage the formation of such marketing associations, of which there are about 500 at present In tho United States. The objects of such associations should be to determine the crops to be grown, to Insist on proper methods of growing, to stan dardize and guarantee the quality, to superintend gathering reading and packing, to arrango for transporta tion and terminal facilities, ;V.id to bnrgnln with railroads for fair freight ratrs." Reduction of transportation charges on perishable food-stuffs also voa advocated by Mr. Meeker. FAYETTEVILLE POLICE PULLED OFF A BAD ONE Special to The Gazette-Newa. Wilson, Dec. 29. Ixcal police ofv cera have not yet apprehended the negro Wllllngham wanted for ahoot Ing to death another negro on the atreet lnt Thursday night. Willing ham went to Kaycttevlllo and the of ficers of that town were telrgrnphed to take him from the train. Whon Kayettevllle wna reach-id, Wllllngham waa hiding between t'.e sents In the oach and the officers arrested an other man. the oricsicd man protest ed his innocoiiio .iinl pointed nut Wllllngham, awrf.lng lorn to be the wanted party but tho appearance of the man arretted and hla denial of the crime convince l thu Fayettevllle officer that he wae guilty. When tha Wilson police went to Fayettevllle the negro waa released. Wllllnghan la still at large. STEAMER DEM MINED IN THE NORTH SEA j T,ondiii Dec. 29. The Glasgow jsieainer im, a vrwi oi aunui evi tone, has tfen sunk In the North !aa the result of coming In rmturt with 'a mine. Two of the crew of the vessel ! were rescued, hut the file of the oth- era la unknown. PRICE FIVE CENTS IT UST SCORES PII Justice Lamar Grants Appeal' From Refusal of District Court to Order Release. STAY OF EXECUTION CAUSED BY ACTION Another Result Will Be That" the Entire Supreme Court Will Pass on Disput ed Point Washington, Dec. 29. Justice La-4 mar or tne united States Supreme court has granted an appeal for the refusal of the federal district court for northern Georgia to release on habeaus corpus proceedings Leo M. Frank, under death sentence for the muruer or Mary Phagan, at Atlanta.' Frank has been sentenced to bei nangea January 22, but Justice La mar's action causes a stay of execu tion. Thirty days are given for the record of the proceedings in the lower court to be filed in the Supreme oourt here. The state of Georgia then may ask that the hearing of the case be advanced. Such suggestions general ly are granted. As a result of Justice Lamar's ac tion the entire court will pass unon Frank's right to seek release from! custody on a writ of habeas corpus on i the ground that the trial court in Ful ton county, Georgia, lost Jurisdiction over him by Its failure to have him I present when the Jury returned Its verdict. , Should the Supreme court decide I Frank was not entitled to the benefit ' of the habeas corpus writ, the stats of Georgia would no longer ha barred . from carrying out the death sentence. ' If the court decides he waa entitled ! to ask for the writ, the case prob-j ably would be remanded to the die- j trict court for the taking of evidence! on the petition praying for the writ,, Should the Supreme court eventual-; ly decide that Frank must be re-' leased from custody, it was said, a-i further question, about which there: is uncertainty, would arise aa to thai power of tho state to indict and try nnii b, neconu urne. n la eaiQ au-i thoiitles differ as to whether the flratj trial would be regarded as having placed Frank in "Jeopardy." This was the second time Frank's fate has rested in Justice Lamar'al hands. After the Georgia Supreme! court had declined to set aside thai verdict of conviction, Justice Lamar was asked to Issue a writ of error fori the Supreme court to review the case. He declined on the ground that no federal question was presented. Inas much as questions of precedence were for the statea to decide. Justice Hol mes, and eventually the entire court, pursued the same course. Application was then made In the Georgia Federal court for Frank's re lease on a writ of habea.ua corpus. Judge Newman held Frank was not entitled to the writ and refused to grant an appeal to the Supreme courtj because he waa unwilling to Issue aJ certificate of "probable cause" aa r- .quired In auch appeals by a federal! statute of 1908. j Justice Lamar then waa asked to ! grant the appeal and issue the cer-j ! tltlcute. He found that several quea-i ttons of federal law, unsettled by the 1 Supreme court, existed In the case and 1 hence gave rise to "probable cause" : for the appeal. These were whether the federal constitution requires a a, I accused to be present whm a verdict is returned against him In a state court: the effect of the aeeuaed not raising the point of his absence on a motion for a new trial, and the effect of the Supreme court'a own action In. I refusing to grant the writ of error laJ :a case where an alleged Juriadlctle jqnestlon waa presented in a motloaj Hied at a time not authorized by the! ' practice of the state where the triaU ook place. MINES CAUSE LOSS OF TEN 111 D0LU.HS That Loas to Shipping Suf- fered by Scandinavian Countries Alone. Stockholm, Sweden, Dec, If. (Cor reenondence of tha Aaeoclatlon Frees.) The total loaa to the Scandinavian! shipping aa the result of mlnea la aT followa to mid-December: Sweden: Eight ahlpa and (t liveO Denmark: Six ahlpa and all Uvea. Norway: Five ahlpa and f'x llr. Tu in total mtii taiao ce anaea tn Ions to Holland ihlpplng of thrae v -,' eel and IS lives. Tha flnnial 1"- 'on account of tha deatructlnn of th 21 veasela reaches about 1 10,000,00.1 FRANK

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