1. . . . . . . v" ' - - - 1 ..- . (, - . v .......
' .. : '.A ' " : -' : ' ' . - .:-; ' v'-. v" :" . - .' ' ' '. ., -.. - '
. ... ' v.
r .vA0VERTI8INa i J
"Wkt would this city 'bo likis
wi;vt it stores? Wbmt would
tbis newpajer be. 13dc ; without
THE WEATHER.
Pair sliehtly warmer. Friday; j
Saturday fair, light to moderate aS
. , . . cnnth winds
SOUtUWf&l. iv a,
istpi?e-ada? A One would bo
TOS l-VA
I I f I I ,Y V vi-V ?J -bou aslnterestinj as Uw I f
. V'"''
VOL. LXXXV-NO. 85.
WILMINGrTOK, "N". C, FRIDAY MOBOTNG, DEGE3IBEII 31, 1909.
GENERAL BOYCQH
OF GREAT TRUSTS
National League Plans Fight
Against Those That In
crease Cost. '-
MEETING li"J' WASHINGTON
Idea Came From Germany Organiza
tion Non-Political and to Extend
Into States Champ Clark
One of Speakers.
Washington, Dec 30. Plans for a
national boycott of those combinations
that increase the cost of living were
laid out tonight when the National
Anti trust League was launched. Mem
bers of Congress are interested in tne
new movement and immediate steps
will be taken toward perfecting State
organizations.
Then when prices soar, league mem
bers, by stopping the use of such ar
ticles or commodities as have gone
above legal level, will pull them back
again by refusing to furnish a mar
ket. .
The plan Is one that was tried in
Germany a few. years ago and which,
according to a report, broke up a com
bine in coffee that had raised the price
of the bean to almost prohibitive pric
es. The meeting was informal and no
final organisation was effected.
It was agreed, however, that the
crusaders should gather under the
name of the National Anti-trust
League and that the organization
should be non-political; that it should
be presided over by a president, sec
retary and treasurer and its move
ments directed by an advisory council
of seven. 'As soon as Congress recon
venes a permanent organization will
be effected.
Among, the speakers tonight was
phy, Missouri; Martin, of South Dako
ta; Kinkaid, of Nebraska ; McKinley,
of California, and Morgan of Oklaho-
One tnattor 'wtf4r settled ""tbnlght,
however. The women" of the United,
Stntpft will hA tRTrPTi fntn mpmherRhin
on equal terms with the men and will
haveequal voice in the campaign. The
women, being housekeepers of the
country, the pioneers of the plans rec
ognized at once that their assistance
was vital to success.
Accordingly, when Congress meets
the league will work through the Rep
resentatives and in some cases through
Senators, with a view to having them
interest themselves in the organiza
tion of State branches.
JUDGE BYNUM PASSES AWAY.
Former Associate Justice and One of
State's Prominent Men.
Charnotte, N. C; Dec. 30. William
Preston Bynuni, associate justice of
the Supreme Court from 1873 to 1881
and one of the State's most prominent
citizens, died here this afternoon at
the ag?e of-90.
Since his retirement from the bench
.iudse Byniim has lived quietly here.
Fie amassed a fortune at his law prac
tice and has given lavishly of hio
means to the caus of education in
the State.
William Preston Bynum was born
June 10. 1820, on the plantation of
his father, Hampton Bynum, on the
Dan river in Stokes county. His edu
cation was obtained in the common
schools and at Davidson College. He
studied law under Chief Justice Pear
son and located at Lincolnton for the
practice . of his profession, his mar
riage to Miss Anna Eliza Shipp taking
place shortly after he entered the bar.
Judge Bynum early became active
in public life. At the outbreak of the
Civil , war, although a staunch Whig,
he promptly cast his lot With the Con
federacy and was commissioned lieu
tenant colonel of the Second North
Carolina Infantry by the special ses
sion of the Legislature that was con
vened to plan for the long struggle..
After the death of his colonel, C. C
Tow, who was killed in battle at
Sharpsburg, Va., the command of the
regiment developed upon him and he
was commissioned colonel by Govern
or Vance in October, 1862.
during the Winter of '62-63 Colonel
Iiynum was elected solicitor for the
western district of the State, a posi
tion that required not only ability but
courage under the condition that ex
isted at that time. Colonel Bynum
accepted the position an'd left his regi
ment to assume his new duties. That
he performed the duties of the' office
well and acceptably is shown from
the fact that he served more than
a decade.
JOHN A. FOX DIRECTOR.
Succeeds Benjamin Dulaney in South
ern Commercial Congress.
Washington, Dec. 30. John A. Fox,
of Arkansas,, vice president for that
State of the National Rivers and Har
bors Congress, and a special director
of that organization, has been elected
by the executive" committee of the
Southern Commercial Congress as a
director at large to fill the place of
Benjamin J. Dulaney, of Washington
C., resigned. ...
Regular Interest Period.
At th People's Savings Bauk Jan
uary let. Deposits made on or before
Monday the 3id will " bear t interest
I'om the 1st. ( Dec. 31-St
.
GOVERNOR ON SHELL CASE
Has No "Official" Complaint, He Says.
Five New Charters Novel Suit -Against
Seaboard H. S.
. Leard to Arrive..
(Special Star Correspondence.)
Raleigh, N. C, Dec. 30.-M3overnor
Kitchin says there is still not a word
of protest or evidence nied with him
on which he could act officially in any
way regarding the reprieve of the
prison sentence he recently srrftntprt"
to Baxter Shemwell.
He remarked that able lawyers and
others were interested in the prose
cution of Shemwell that resulted In
the five-months'- prison - sentence and
not one of these, even, has ever in
any way . made a move in opposition
to, the reprieve. It could not be ex
pected, he says, for him to take official
notice of news reports and editorial
comments, but that if there is real
ground to warrant such action, there
should be definite action by somebody
to bring the facts in the case to his
attention in an official way.
Early in the new year the farmers
institute work for 1910 under the aus
pices of the State Board of Agricul
ture wilL begin with Mr. T. B. Parker
in charge. There will first be a series
of institutes throughout Eastern Car
olina during the Spring and . early
Summer, closing in the western sec
tion of the State in the late Fall of
the year. The State Department is
now getting in some of its very best
service to the people through these
farmers' Institutes and through the
test farms and special demonstration
farms, the latter being just now well
under way. Counties in every ..section
of the State are applying for these
demonstration farms which "are pro
crrfed by the county commissioners
and the cultivation of test crops car
ried on under the close observation
and direction of the State Department
experts for the benefit of the farmers
of the section. x
E. G. Richardson and F. B. Whitney,
of Selma, sue the Seaboard Air Line
in Wake Superior Court for $5,000
damages each, because the Seaboard
failed to furnish the plaintiffs seats
on the train from Portsmouth to Ra
leigh; forcing them to stand several
hours, colds being contracted, bodily
pain, mental anguish " and inconven
ience suffered. .The Pullman company
is 'included as defendant because of
exorbitant charges, demanded".: for
berths,S6.95,-Instead "of S2. ' This la
the first suit of Its Tdnd ever brought
in. this State. ' . :
The records in the State Depart
ment of Insurance show that during
the, year just 'closing there were 12
convictions secured in various sec
tions of the State' of persons guilty of
arson, nearly all of them being fires
in which the object was to get insur
ance fraudulently. Conditions are
steadily improving all over the State
in the matter of compliance with the
State laws for the prevention of fires.
A detailed report of the operations of
the department in this connection is
to be issued very soon.
Five new corporations were charter
ed today, Durham, Winston-Salem,
Fayette ville and Vanceboro being the
respective headquarters. The corpo
rations follow : Barbee-Sharp Produce
Co.. Winston-Salem, capital S100.000
authorized and $1,000 subscribed by
C. W. Barbee. C. L. Sharp and Clem-
Lent Manly. The Durham Typewriter
Exchange Co., capital $23,000 author
ized and $2,500 subscribed byF. M.
Dillon, J. E. Johnson and others. The
Cooper Lumber Co., Fayetteville, capi
talj $25,000, by W. J. Roberson, C. J.
Cooper and others. The Vanceboro
Supply Co., capital $25,000 by B. R.
Warren and others for mercantile bus
iness. The Thomas-White C.o.. Dur
ham, changes its name to The Thomas-Howard
Co.
Mr. H. S. Leard is expected here
New Year's Day to take up his duties
as Division Passenger Agent at Ra
leigh, this office being created through
the abolition of the positions of dis
trict passenger agents for Virginia
and North Carolina, positions held by
Mr. Leard at Richmond, and Mr. C.
H, Gattis at Raleigh. Mr. Gattis go
ing now to the Georgia & Florida
Railroad as general passenger agent,
headquarters at Augusta. Mr. Leard
lived in Raleigh quite a while and is
very popular here.
BIG FIRE AT PORTSMOUTH.
Block of Business Houses Burned En
tailing Loss of $125,000.
Norfolk, Va-V Doc. 30. Fire origi
nating from an overheated office stov
destroyed the O. L. Williams' block
of business houses at South and Craw
ford streets, Portsmouth, today with
a loss of $125,000,' partially -eovere l
by insurance.
Portsmouth market and armory
were only saved ' by;-shifting winds.
Eight or. ten horses were cremated.
The places burned were O. L. Wil
liams Livery stables, where the fire
started: JrH. Branch's hay and graiu
store; Whit Wjlkins, commission mer
chant; Clark's restaurant; J. .How
ard's saloon, and Woodward's restau
rant. The undertaking vehicles of
Snelling, King & Cooper were destroy
ed. FIRE ATVaVeTTEVILLE.
Water in Hose Frozen and Laddies
V Had Hard Fight.
(Special Star .Telegram.)
Fayetteville, N. C, Dec. 30. Two
tenement houses of Mr. J. A. Oates,
on Ann street, this city, were burned
this afternoon. So intense was the
cold while the firemen were 'fighting
the fire that water - in the nozzles
was twice frozen, first being melfed
by hot water and second by placing
the nozzle in the flames. Mr. Oates'
loss of $500 was half covered by in
surance. 7 ';-:---.."
E
Election of Officers and Ad
dress' by Dr. Eliot Fea
tures Yesterday.
D. R. JOHNSON IS PRESIDENT
Dr. Eliot Spake on Immediate Educa
tional Effort Other Prominent
Men Made Addresses Of
ficers No Place.
Charlotte, N. C, Dec. 30. With the
election of officers this afternoon and
a notable address from President Em
eritus Eliot, of Harvard, this evening,
the Southern Educational Association
adjourned sine die, , the. place of the
next meeting being left with" the exe
cutive committee. Chattanooga, Jack
sonville, Birmingham and other Cities
presented invitations.
H. Elmer Bierly, of Knoxville. Tenn.
was elected secretary at the Atlanta
meeting a year ago for a term of four
years and -consequently did not stand i
for re-election this time. - .
The.newly elected .officers are: Pres-
ident, D. R. Johnson, of Winthrope j
College, South " Carolina; first vice j
president, Chancellor J. H. Kirkland,
of Vanderbilt University; second vice
president, C. E. Glenn, of Birmingham;
third vice president, J. R. Grabbe, of
Kentucky; treasurer, E. P. Burns, At
lanta, Ga. ' -
The elective directors chosen by the
association thi3 morning are:" Alabama,-C.
C. Thacs, Polytechnic Institute;
Auburn; Arkansas, J. J. Doyne; Flo
rida, W. M. Holliway; Georgia, J. M.
Pound, Atlanta; Kentucky, M. A. Cas
sidy, Lexington ; Louisiana,' T. H. Har
ris; Maryland, , F. E. Buckner, Balti
more; - Missouri, E. E. Todd; Missis
sippi, L. H.' Whitfield; North Carolina,
E. C. Brooks, Trinity College; Oklaho
riia, K D. Enerson; South Carolina. N.
HSnyder, president Wofford College;
Tennessee. T- P; Bailey ; ' Texas,-. R. B.
Cousins;-Virginia, J. L' Uarman; "West
Virginia,'' M. P. Shawkey; District Of
Columbia, .D. J. Crosby.
., Dr. Charles W. Eliot addressed the
association on the subject, "Best Di
rections for Immediate Educational
liifford." and he was followed by Pres
ident Judson, of the University of Chi-
cago, who made a short talk on agri-
cultural .education.
Other speakers of the day were Dr.
James H. Dillard, of New Orleans,
president pf the James' Foundation
BL
IE
III
whose subject -was extension plan for . on the grounds for 99 years with the
rural schools, and former State Super-, privilege of buying the plot at the ex
intendent O. B. Martin, of South Caro- piration of 20 years.
Una who talked nn th "Rnv nt tho i
Farm."
EARL PERCY'S DEATH.
Rumor He Was Shot to Death in a
Duel Some Dispute.
Paris, Dec. 30. Earl Percy (Henry
Algernon George) one of the leading day in his effort to oust the American
conservatives of theBritish parlia- Salvation Army. The original suit,
ment and formerly under secretary of brought in 1907 went against General
State for Foreign Affairs, died nere .Booth, who had asked for a permanent
today in an obscure hotel under cir- injunction forbidding the American
cumstances which are of some dls- !Army to use the Manual and Ritual of
pute. jthe Salvation Army and directing the
Though pleurisy is given as the 'members of the American Army to sur
cause of death by the Earl's physi- render their uniforms and titles and re
cians, a story, circulating which is .tire to private life. The Supreme Court
given credenee in high quarters tells dimissed the petition and the appellate
of a dispute with another English- division now reverses the Supreme
man and hints of a duel in the out-.Court.
skirts of Paris. i The American Salvation Army was
Sir Austin Lee, counsellor of th incorporated in Pennsylvania by James
Eritish Embassy here, denounced the ,W. Duffin as commander in 1896.
"duel story as an invention. ' Sir Fran-. I
cis Bertie, the British Ambassador,
visited the Earl this4 afternoon and
found his condition so alarming that
physicians were called and he died a
few moments later. "
. Despite assurance to the contrary
the rumor continues to circulate that
the Earl was shot through the lungs
by-his opponent and died of his
wounds
It is said the two men left
England with the intention of meeting
on the outskirts of Paris.
The hotel people say Earl Percy
arrived in apparent good health last
week.
ROCKEFELLER WINS SUIT.
Supreme Court Uoholds Action
of
Lower Court in Libel Suit.
New York,, Dec, 30. The argument
that a corporation, having, no soul
cannot commit a crime was set" aside
today 1y the appellate division of thi
Supreme Court which upheld the ac
tion .of; the. lower court in imposing
$500 .fine.; against the Star Company,
publishers-of the New York American
for libeling John D. Rockefeller, J:.
In defending the suit Clarence J.
Shearn had argued that a corporation
"having neither soul, conscience, mind
nor feel. Is incapable of entertaining
a mischievous and malicious intent,
which is an essential element in crim
inal libel. .
The court held today that "it was
once thought that a corporation could
not commit a crime but by slow de
grees and following' upon the exten
sion of the practice, of organizing cor
porations for the .purpose of avoiding
the penalties of, alleged acts, the
courts have , reached a different con
elusion." . -
The libel reaffirmed tod,ay was pub
lished in December, 1908, and stated
that .Mr. Rockefeller had originated
a system Cf peonage in a. stockade at
the plant, of the Corn Product Refin
ing Company at Summit, ,111. - - -
PASSENGER ji'Pl DISABLED
Southern Pacific Liner.
Excelsior
is
Adrift Off Carolina Coast Ves
sel Beyond Conlrol--Steam-
- er Nina in Distress
Beaufort, N. C, Dec. 30 The South
ern Pacific Line .passenger steamer
Excelsior, Capt. Birney, which sailed
from New York Wednesday for New
Orleans, is drifting about .40 miles
north of Diamond Lightship;: showing
two black balls, the signal that she-is
not under control; : ; ' . ,. .
Word of the predicament .of" the- Ex
celsior reached here late today 'in a
message received at the naval I wire
less station. It probably came from
the Excelsior herself , or a passing
steamer having wireless apparatus.
The Excelsior is; thought to be in
no immediate danger. It is " probable
that she had some ."mishap with her
machinery and is lyingto whiles her
engineers repair .; the break. " In .dis
playing the two black balls from her
mast the Excelsior; notifies passing
vessels to give her wide berth because
she cannot control ,her XownV; move
ments. , l.Io . W ,??-;
Navy SteaMei Nina.
Beaufort, N. C, Dec 30. An un
known steamer appeared at the "Beau
fort bar today showing her colors jit
half mast and union down, signifying
that she was in distress, The: Fort
Macon . Life Saving I Station jcrew Im
mediately put -off to. the. vessel to as
certain if they could, render any as-
sistance.
The vessel turned out. to be the
United States navy steamer Nina the
tender of the submarine torpedo boat
Octopus and in command of r Chief
Boatswain . John F. Crognan, bound
from Charleston for the Norfolk navy
yard. The life saving crew when. they
reached the Nina, were Informed that
she had put in to anchor for, the night
on account of the severe weather. The.
Nina is going North . to convoy to
Charjeston the submarine -,.. Octopus
now at Portsmouth navy yard. .
MRS. TAFT THE OVVNtR
Philadelphia National League Baseball
Grounds Wife of C. P. Taft. . J .
Philadelphia, Dec. $0. Mrs." Annie
Sinton Taft, sister-in-Jaw; of President
Taft and the wife of jCharles.f TaftJ
of . Cincinnati, is the, new owner-of the I
Philadelphia National league basebalmh.e colL:
grounds. 1 i ne; neea ana lease ior tne
property were filed in. City Hall late
this afternoon.and show that Mrs. Taft
and not her husband, has the title to
the grounds.
John I. Rogers and A. J. Reach, the
former owners of the grounds, trans
ferred title this afternoon. Charles W.
Murphy, president of the Chicago Na-
tional League Club, represented
the
purchaser who was announced as
Charles P. Taft. The price paid -was
$250,000. The Philadelphia National
League Baseball Club is given a lease
SALVATION ARMY TRIAL
f
General Booth Granted New Trial in
Effort to Oust American Army.
.New York, Dec. 30. General Wil
liam Booth, the founder of the. Salva-
tion Army, was granted a new trial to-
OUTLINES,
The terrific cold wave prevailed
.throughout the entire South yesterday
ihcludinc: even the orange belt of
Southern Fioridaj.it was the coldest
day m the month of December th-2
iSfouth has ever experienced The
Southern Pacific Liner Excelsior was
1 reported by wireless to Beaufort yes-
terday in a disabled condition off the
coast and unable to control herself:
the vessel is believed to be m no
immediate danger r-President Dias
yesterday advised Dictator Zelaya to
stop expressing his opinions and for
the first time he refused to be mter-
viewed-Attorney General Wicker
sham yesterday-presented the brief in
the tobacco trust cases to the United
States Supreme ;:ourt Judge By
num. former associate justice of the
State Supreme Court, and a prominent
citizen of the State, passed away yes
terday at Charlotte 1 Mexico has inj
5 rod Jose Madriz ail
11V i vvwo---"- z
president of Nicaragua A business
block was burned yesterday at Ports
mouth, Va., entailing a loss of $125,-
noo.
New York markets:- Money on call
strong and higher 4 1-2 to 7 per cent.,
ruling rate 6, closing bid 4 1-2, oner
ed at 4 1-2; cotton spot closed quiet
20 points higher, middling uplands
16.15. middling gulf 16.40; flour quiet;
wheat spot firm No. 2 red 1.27 12
elevator, domestic and. 1.27 f. o. b.
nominal to arrive-; corn spot firm No
2 71 elevator, 71 1-2 delivered and
Cfl 1-4 f . o. b. ' afloat nominal ;" oats
spot steady, mixed 47 r rosin and tur
pentine steady.
v Monday. January 3rd.
All deposits made with The People's
Savings 'Bank on -or before Monday,
January 3rd; will bear Interest from
January 1st, receiving -credit for Three
Months Interest April 1st.
V - ' Dec '31-St
SEVERE WEATHER
. Ill WHOLE SOUTH
Freezing Temperature in
'. . Florida as Result of The
XoldWave.
CAUSES ' MUCH SUFFERING
Two Deaths Resulted at Birmingham,
. A!a Yesterday Coldest Day in
December Ever Experienced
" Near Zero at Asheville.
Atlanta, Ga., Dec 30 A terrific cold
wave gripped the entire South today
not even the orange belt of- Southern
Florida, being exempted from the
freezing temperature. This morning
the mercury ranged from ' 2 degrees
above zero at Ashevjlle, N. C, to 32
degrees , at El Paso,. Texas, with 20
above registered at Jacksonville, Fla.,
and 28 at Tampa. A few Texas points
and the; extreme southern portion of
the Florida peninsula . alone escaped
the freezing blast.' -This,
according to the local weath-
ler: bureau was the coldest day . of the
coldest December the south has ever
experienced. . At 8 o'clockr this morn
ing the' thermometer registered, 10 de
grees, .above .in Atlanta and . for 2)
days-past, freezing- weather has been
experienced. - The long . duration , of
cold - has - prevailed over the greater
portion of the South and -there has
been much suffering among the poor
people,-especially the negroes in cit
ies where coal is used as fuel.
Two Froze to Death.
At Birmingham, Ala. . . where tht
minimum: : was.-12 degrees above zero
this morning, two negroes were frozen
to death J and near Decatur, Ala., with
the thermometer hovering" arehnd five
above zero, a family of six were res
cued this v morning inore dead than
alive, with one of the chlldren expect
ed to die as a result of exposure to
For the first time .since 188G . there
was ice today in the Chattahoochee
river rft Atlanta, similar conditions
prevailing in the rivers of Tennes
see, North Alabama and the western
part of North Carolina.
- Oranges Were Frozen.
While it if believed that no. serious
damage has been done the Florida or
ange crop, Fernandina reports that or
anges were frozen. in that section and
from other parts of 'ionaa come rep-Vis
that fires in the groves were
.... i. k.
re ted to last niglit to protect luu
trees. - .
Cotton nlanters of the far soutn-
west hail with delight the severe cole",
believing that millions of the -boll
weevil have been destroyed anu mo
ther spread of this insect to new ter
ritory retarded. ,
-Freezing temperatures wiu continue
innie-ht over most of the Southern
States, according to the local forecast
er followed by warmer weather to
morrow.
ThP nresent. cold snap has been ac
companied by little snow in the South
and yesterday and today there was
practically- no rainfall reported from
any of the Southern States. The
wind, however, has been strong.
Death and Suffering.
Pittsbure. Dec. 30. With the ther
mometer registering zero and at some
places from three to seven aegi ees
below that poinf, western Pennsylva
nia trmie-ht is in the grasp of a bit
terly cold blizzard accompanied by
snow numes anu iugn .
irrrvm the outlying and mountain
districts reports of deaths and suffer
ing due to exposure to the elements
are coming in. in ureaier nnuuif.
alone seven deaths have been report
ed to the coroner. w
. a irwin ' Pa the temperature reg-
Ictororl -was the coldest December 3
' . 1 ,1 i. Trtiftfrt HDV -! 1 1 1 ll
the thermometer drop
ning to two degrees below zero. Elec
tric lines interurban to and rroni ir
win have been discontinued, ai
iie7iii0 Tnhn Wallace, a laborer,
was severelv frozen last night as a
result of exposure. Mrs. Lena Keep
ers also is in a Connellsville Hospital
suffering from frozen feet and -ears.
All trains from the East are from
one to three hours late entering Pitts
i niToiic dro-.Hf.i un. Gas short-
age is reported eevrywhere, several
mills of the Jones Laughlin steel plant
closing today on account or xne buui v
age and throwing 300 men -out oi
t-o. nH.iv the charity institu-
Ma wprfl swambed by calls for as
.iaanM The municipal and county
authorities last night and tcday cared
for 1,000 persons.
t0 oHvisahilitv of establishing cor
fee and soup kitchens was brought'up
today by the mayors. caomeu
in temperature is promiseu iui
rom. .
rthSn River Frozen. -
The intense cold weather tonight
-ffoMeiv nhecked the- flood which
yesterday and during last night men-
aced Pittsburg ana l1ULD J!""11' V
the Ohio river. The Ohio
Rolidlv for iU entire
iT,rt, hAtween here "and Cincinnati
The cold weather, -however, is play
in Mirno with river men and "then
,v thousand coal miners are thrown
out of work at Beaver, on account of
the freezing of tne river mere. :j
Loss to shippers and packetline op
erators -will total close to half a mil-
(Contlnued on Page Eight.).
THE TOBACCO TROST G.1SES
Presented by Attorney General to the
Supreme Court-Alleged Unlaw
lawful Conspiracy -"Brush-whacking"
Methods.
'Washington, Dec. 30. In a printed
brief of 268 pages ' Attorney General
Wickersham and his special assist
ant, J. C. McReynolds. today presented
to the ' Supreme Court of the United
States the cause of the government in
the famous tobacco trust cases which
will be' argued next week In that
court x
The cases were tried in the United
States Circuit' Court In the nine dis
trict of New York, which, after, dls-
missing the petition as to foreign to
bacco companies and some of the su
bordinate 1 American companies, ad
Judged the others to be parties to an
unlawful ! conspiracy and enjoined
them from continuing their operations
and from engaging in interstate com
merce. . . -; , " -
The Attorney General takes the po
sition that these findings, . sweeping
as they seem to have been, were not
broad enough, and he asks the , Su
preme Court to extend them as to so
widen their" scope asto take in the
foreign companies anor some individu
als who were relieved from the opera
tion of the verdict After showing that
in 1890 competition was free the var
ious coalitions are traced in the docu
ments and facts are given to show
that the combination has grown until
its combined assets amount to $400,
000,000. It is asserted that the com
bination manufactures al of the ci
garettes ior export and almost three-1
fourths of the smoking tobacco and
of the cigarettes for domestic sale,
more than .three-fourths of the. plug,
twist, and fine cut tobacco, and almost
all of the snuff and .little cigars that
are made. It is declared that the "de
fendants have persistently exercised
duress, have' practiced wicket and un
fair methods and used their great pow
er in oppressive ways."
Further, it is asserted that they
have been actuated by a fixed purpose
to destroy competition' and obtain mo
nopolies. "Competitors have gradu
ally disappeared and the combination
now . strongly entrenched, unduly restricts-
-the business, of . those in the
trade and prevents others from enter-
Putting aside, for the time, the ef
fect of the Sherman anti-trust law, un
der which the suit was brought, it is
contended that the combination under
the name of the American Tobacco
Company was illegal when it was en
tered into in 1890 because it was con
trary to common law.
Action of Jobbers.
Coming to specific instances rela-
five to the operations of the trust, It
s declared that substantially all es
tablished jobbers in New England
were induced to throw out indepen
dent products, as were those of Phila
delphia, New York, and many other
specified places.
It is al3o asserted that "bushwhack
ing" methods were resorted to in the
use of the union labels and the meth
od in this proceeding is denounced as
iniquitous" and such as is inhibited
by a civilized conscience. Indeed, it
is declared that "the record contains
much evidence and a vast deal of cor
respondence concerning the opera
tions of these bushwhacking compa
nies which disclose amazing depravi
ty and shows 'with clearness how
these sinister agencies were, effective
ly utilized.";.
The advertising methods of the
trust are referred to as a means of
influencing both business and senti
ment, and it 4s- said that not less than
ten million dollars were expended in
this way in 1906.
"Competition has been persistently
destroyed; scores of contracts have
retired skilled men from the trade;
many have been forced out; and the
necessary result of the plan long fol
lowed has been to five defendants
power to exclude others and exercise
monopoly", says the Attorney General.
He seems inclined to the view that
a receiver should be appointed for the
business of the parties to the combina
tion and he adds:
"The very existence of certain de
fendants is criminal and certainly they
cannot rightfully complain because
restrained from carrying out the un
lawful purposes of their creation:
they are wilfully in positions where
every act is a transgression."
SOUTHERN GIRL'S DESIGN
Accepted For Memorial to the Women
of the Confederacy.
Atlanta. Ga., Dec. 30. A Southern
girl will have the honor of designing
the memorial to her sex which will be
erected in all the Southern States by
the veterans of the Confederacy in hon
or of the women who suffered during
the days of 1861-65.
A design submitted by Miss Belle
Kinney, of Nashville, Tenn., was chos
en by the committee of veterans repre
senting twelve of the 13 Southern
States who met here yesterday and
bronze shafts will be cast and erected
as soon as the necessary funds are
available.
The memorial will show a group of
three figures "fame" sitting in the
center, with a dying Confederate sol
dier and a weeping woman on either
side.
The central figure will be eight feet
in height and the other two seven. The
statue will be eight feet by five and a
half feet at the base.
Miss Kinney was awarded the prize
after 80 designs submitted to the com
mittee had been carefully inspected.
She already has won considerable fame
for her design for the Carmack statue
to be" erected at Columbia, Tenn., and
a group of twenty Igorrotes figures
placed in the Chicago museum.
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ZELAYA AT LAST
REFUSES TO TALK
Advised by President Diai
to Refrain Frm TEaqprei-
ing Opinions - : ;
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LEAVES FOR BELGIUM S00I1
Has Been Receiving .Many Newspaper
" . Correspondents 8aya He Will . ,
Keep Mexico Out of Con- - .;
': '' troversy.'
Mexico , City, 1 Dec. 30.r-That, Presi. ;.
dent . Diaz today gave Jose Santos Ze-f
laya a little friendly advice in regirvt "
to the talking to .newspaper tepresett- '
tativesand whispered in Ms ear. that ;
It would be wise for him to refrain
from too freely expressing his opin
ions was admitted by Zelaya's secre . t
tary tonight, when he returned a card
to a newspaper mm with the remark
that the ex-dictator of Nicaragua had
Just adopted' a policy of refusing to be ,
interviewed -and would have nothing
more to say for publication for a per-
iod of six days.' " ' . . 1
Just ' why six days was named he -
would not explain. Zelaya, caUed oft -the
chief executive of Mexico today. '
Up to that time he ' received erery '
newspaper man who called at the ho
tel. After the meeting if was as If a ;
very wide gulf had opened between
him and the correspondents.-.In refus-
ing . to see .one reporter, Zelaya
through his secretary told him that he
wished to avoid being, the means of :
bringing Mexico into the controversy
in any way and If he (Zelaya; further .
discussed matters , his statements "
might be misconstrued . with ' audi a .
result ' ' . - ' ( ;'. , ! i 1 '
Zelaya's' visirat Jthe Nallonal Pal-'
ace lasted a half hour. The meeting' J
was ' devoid ' Of ; official character ahd ,
eiaya .was receivea as a private, ciq-- , . r t
It ' is believed that aftLr- Zelkya, ten-i
dered his thanks for the kindness of
President Diaz In allowing him asylum ; "
on the ; Mexican gun ' trost;affatrf
general in Central America were ais- . - J
cussed at length. r
Zelaya was occupied the greater
part of today in driving about the cap- '
11.1 x 1 J.MAM4 I.
nai to various puiuus ul mtcicai iu- vj
eluding Chapultepec Castle the sum
mer home of President Diaz.
To a friend " tndav th Nicaraeuan . ' JM
visitor said that after he had' been in
Mexico for two or three months he
would go to Belgium and at Brussels .
personally superintentend the educa- '
tion of his children.
When he was receiving his earlier
education Zelaya spent much of his
time in Belgium where he attended
school. ' i
Has Not Recognized Madrlz.
Managua, Dec. 30. The Mexican
government has in no way officially
recognized Jose Madrlz as president of '
Nicaragua. The telegrams which have .
passed between President Diaz and
president Madrlz were of a personal
character. President Madriz himself
does not construe them as a formal
recognition of his incumbency. The ,
Presidential reception on Tuesday was
attended by the official representatives
of all nations except the United States
and the Nicaraguan administration. .
does not see why formal official recog
nition from any country except the
United States is necessary.
A delegation from Granada today vis
ited General Baca and pledged sup
port. Santos Ramirez, director general
of telegraphs, who . was arrested re- t
cently ion the charge of having sent un- .
authorized orders to the Zelayan army.
has maae strong denial but has not yet
been released from custody.
Congress today conferred- authority l
upon the executive to abolish the to
bacco and alcohol monopolies, indemni
fying private stockholders for tne loss
of their holdings, which now become ,
the property of the State. The reve- f
nues from these monopolies, which net
ted as high as 14 per cent, monthly are
to be used for the payment of the In
terest on the English loan, which went
towards the enrichment of the rela- j
fives and friends of Zelaya. This ac
tion which is t'ae forerunner of the
aboution of ull "monopolies was re- .
ceived with tremendous enthusiasm.
The sitting was tempestuous through
out. Deputy Luciano Gomez, a Zelaya
adherent, who opposed the project, was
footed even more Vehemently than he.
was yesteraay wnen ne spoKe in oppo
sition to the. authorization of further
war taxes. There were Cries of "band
it," "outlaw!" "Disgorge."
Gomez finally lost his temper and
hurled a glass of water in the face.
of a tormentor in "ne public gallery.
Guards were called in and ejected all
but the deputies.
A vote of thanks was proposed to An
drew Carnegie on; the-strength of a
dispatch from the United States pub'
lished here, quoting him as ready to
donate $20,000,000 to -assure peace in
Central America.
In the district court today a motion
was made to annul a promissory note
of $60,000 in favor of Zelaya on the
ground that he obtained it under ..
threats. A number pf similar actions
are In preparation. '
The state Department. -
Washington, Dec. 30. The situation
in Nicaragua presents some diplomat-.
1c niceties in relation to the propriety
of recognizing the government of Ma
drlz by the Central American States.
In the opinion of officials of the Stat.
Department, President Madrlz should,
receive no recognition on the part of '
-'-v..
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