Weather To-Day: COLD WAVE.
VOl,. XLV. NO. 122.
SENATOR BOILER
WITHDRAWS
BIS AMENDMENT
His Speech in Defence of
State Rights.
WAR FORCED ON SOUTH
BUTLER SAYS STATES WERE
FORCED TO FIGHT.
MIS DEBATE WITH SENATOR CHANDLER
Senator Bate Said this was no Time to Discuss
Civil War Issues. The Confederate
Soldiers Asked Nothing. Tribute
to Southern Women.
Washington, Jau. 20.—1 n the Senate
today Mr. Mason (.Illinois) announced
that tomorrow morning ho would ask
for a vote on his resolution declaring
it to be the policy of the United States
not to attempt to govern the people
of any other country without the con
sent of the people themselves.
Mr. Mallory (Florida) was then recog
nized and made an anti-expansion speech,
l>ointing out some of the difficulties we
should have to encounter if we annexed
the Philippines. He concluded by say
ing that the policy it was now proposed
to enter on was a menace to the re
public itself.
At the conclusion of Mr. Mallory’s
speech, on motion of Mr. Davis, chair
man of the Committee on Foreign Re
lations, at 2:30 p. m. the Senate went
into executive session.
At 4:30 p. m., the Senate resumed busi
ness in open session. The Pension Ap
propriation Bill was taken up at the
instance of Mr. Perkins, (Cal.), in charge
of the measure and it was read. The
bill appropriates $145,233,830.
Mr. Sullivan. (Miss.), offered an
amendment providing that no pension
should be paid any person as a dependent
pensioner under the act of .Tune, 1800,
who had an income of $730 annually;
and further that a dependent pensioner
must affirmatively establish the fact
that he lias no income of $730 before
he can draw a pension.
Mr. Gallinger. (N. ID, chairman of
the Pensions Committee, said that at
first blush he was inclined to favor the
amendment. Ho believed Congress
might well place some restriction upon
the granting of pensions to applicants.
He pointed out that a widow having an
income of SO4 was not eligible under
the act of 1890 to obtain a pension.
Mr. Perkins made the point of order
against the amendment that it was new
legislation. The point of order was sus
tained.
Mr. Butler, (North Carolina), offered
his amendment providing for the pay
ment of pensions to Confederate, as well
as to Union soldiers. He delivered a
speech in support of it.
His speech attracted a great deal of
attention. After calling up his proposed
amendment to the Appropriation Bill for
the purpose of giving expression to his
views, the Senator withdrew the amend
ment. explaining that he did so in re
sponse to the desire of the Confederate
veterans. His speech was closely listen
ed to by a full Senate, and his con
troversy with Senator Chandler and
Senator Bates’ strong disclaimer on the
part of the Confederate veterans, were
special features of the Senate’s afternoon
debate.
After presenting an analysis of the
compact of 1787. Mr. Butler declared
that “not it single Southern soldier was
a rebel or a traitor.” He maintained
that the great fratricidal conflict was
forced upon the South, and that the peo
ple of the South simply defended their
lH*rsonal and constitutional rights.
Under the compact of 1787, the South
ern States undoubtedly, in Mr. Butler’s
••pinion, had a right to withdraw from
the Union. He was inclined to think
the compact was not right, but was
a compact and ought to be, and ought
to have been respected.”
Mr. Butler said that his own State of
North Carolina fully and completely
recognized the right of South Carolina
to withdraw from the Union, but decided
herself not to withdraw. It was not
until forced to defend herself that North
Carolina too, withdrew, together with
her sister Southern States.
This, Mr. Butler said.i “was true of
a majority of the Southern States. They
had been forced by the Northern States
to take up arms in self-defense.”
“Every gun fired by a Southern sol
dier,” declared Mr. Butler, “was fired in
defense of the constitutional rights
of the Southern States, and in defense
of his home and fireside.”
Further along, Mr. Butler said, speak
ing of the war of the Rebellion-:
“It was a most unnecessary war.
The Southern States did not desire the
war. They asked only in bo allowed to
exercise their constitutional rights, and
withdraw peacefully from the Union.
The South was right and history will
so record. The South knew she was
right at the time, and she knows it now.
It is the duty of the Southern people not
to permit a prejudiced historian to brand
their fathers and brothers as rebels and
traitors.”
“He believed that the Stat -s whose
soldiers were being pensioned would not
The News and Observer.
LEADS ILL iiffl CAROLINA DAILIES 1 NEWS 111 CIRCULATION.
object to the pensioning of the ex-Con
federate soldiers.”
Interrupting Mr. Bur’ *r, Mr. Chandler
said he had no doubt the ex soldiers of
the North would be perfectly willing to
set on foot any reasonable testimonial of
regard and respect, but h > did not see
how the Government of the United
States could recognize, as Sena or But
ler had suggested, those who had taken
up arms against the Union.
Mr. Butler protested against the lan
guage of Mr. Chandler, as lie has al
ready explained, he said, “that .he Son’ll
did not take up arms against the Union,
except in self defense.”
“1 wish the Senator would explai n’'
inquired Mr. Chandler, later, “upon
what theory the United States Govern
ment could be asked to pay for proper
ty in the South, destroyed by the forces
of the UnionV”
“Whenever,” replied Mr. Butler, "the
Senator will explain to me why we
should pay Spain $20,000,000 for Ihe
privilege of not, being whipped py the
Filipinos, 1 will answer his question.”
"For an answer to Ills question,” re
torted Mr. Chandler, "I must refer Hie
Senator to the senior Senator from Mas
sachusetts.” (Mr. Hoar, laughter.)
At the conclusion of his speech, Mr.
Butler withdrew his amendment.
Mr. Bates. (Dent. Tonn.), an ex-Con
fedcrate soldier of distinguished bravery,
in presenting some resolutions in oppo
sition to the Butler amendment, express
ed the belief that this was not the time
to discuss the issues of the Civil War.
The Confederate soldiers, he said, “were
not here knuckling and kneeling in order
to obtain pensions.
“The South, aided by its glorious wo
men, had thus far been able to care for
its brave soldiers. Monuments had been
raised to them in the past, and more
would be raised in the future. While
he. in common with every other ex-Oon
federate soldier, believed the South was
right iti its struggle, the discussion of
the question was a thing of the past,
and In* was glad the amendment had
been withdrawn.”
Mr. Pettus, (Dorn. Ala.), appealed to
Senators not to attempt to renew the
war. All agreed that it. had ended at
Appomattox, and nobody wanted any
more of it.
As several Senators had expressed the
desire to speak on the pending bill, it
went over until the morning hour to
morrow.
'Then at (5:25 o’clock, on motion of Mr!
Gallinger, the Senate adjourned.
LET CONGRESS SHAPE POLICY'.
Washington, Jan. 2(5. —The feature of
the third day’s debate upon the bill for
the re-organization.jcuuL. increase o£» the
regular army was an hour’s speech by
Mr. Grosvenor, of Ohio, whose utter
ances. rightly or wrongly, arc frequently
supposed to reflect the views of the
I’rc sident.
Mr. Grosvenor declared most (tn
(phaticnlly that the present situation
in the Philippines was due to the open
o] position in this country to the ratifica
tion of the Peace Treaty. Ho announced
that the feature of the islands was a
matter for Congress to decide and that
for the President to announce a policy
would be for him to usurp the authority
of Congress.
DOCUMENTS WITIIHELI).
Senators Ask Why Papers on Paris
Conference Are Not Sent Them.
Washington, .Tan. 2(5.—T0-rlnv’s exe
cutive session of the Senate was con
sumed in the discussion of the failure of
the President so far to send to the Sen
ate 1 the documents in his possession and
on file in the State Department, bear
ing upon the Paris conference.
Senator Gorman raised the point as
soon as the doors were closed that the
resolution had been adopted several days
since and addressed the senate at some
length on the failure of the President
to respond to the Senate's request for
information.
He was followed by Senators Vest and
Hoar, who spoke in a similar strain;
while Senators Spooner and Platt con
tended that the President bad it right
to withhold papers when he thought the
people could be best served by doing so.
The friends of the treaty profess in
creasing confidence for ratification, but
there is some talk of adopting a negative
resolution to the effect that the treaty
does not bind the Unted States to the
adoption of a colonial policy.
EWART S ('ONFIIt MAT I ON.
There is No Longer Any Doubt About
the Matter.
Washington. Jau. 2(s.—(Special.)
Judge Ewart is certain now to be con
firmed. The Senate Committee on Ju
diciary has not yet taken final action
on his nomination, but Senator Pritch
ard and the other friends of Judge
Ewart have gained a substantial vic
tory in securing u report from the sub
committee. This report is adverse, it is
true, but the danger of the appointment
being indefinitely held up is averted;
and there seems to be no doubt that the
action of the full committee, which will
be taken next Monday, will he favora
ble to the North Carolina judge. This
means his final confirmation by the
Senate. A good many Senators will
still fight him. but it is practically as
sured that he will win in the end.
SANTIAGO’S CUSTOMS RECEIPTS.
Havana. Jan. 26.—Major General
Leonard Wood, military Governor of the
Department of Santiago, has arrived
here from the United States to confer
with Major General Brooke, the Gov
ernor General of Cuba.
As a result of the conference a mutual
understanding lias been reached regard
ing the customs receipts at Santiago.
Santiago’s $280,600 will not be used in
other provinces, but will he mortgaged
to defray the cost of the works now
under way. The sum of SBO,OOO is re
quired for the water works at Santia
go alone.
RAIiEIQ-H, N. C., FRIDAY MORNING* JANUARY 27, 1899.
11l GUD DIES
IN THE
SUPREME COURT
Former Attorney General
Stricken With AppofJexy.
DIED IN TEN MINUTES
lIE HAD JUST FINISHED A
LEGAL ARGUMENT.
SUPREME COURT ADJOURNED FOR THE DAY
Mr. Garland Won National Fame Through the
Overthrow of Law Debarring Fx Con
federates Who had not taket Test
Oaih from Practicing Law.
Washington, Jan. 2(5. —Former Attor-,
ney General Augustus IT. Garland was
stricken with apoplexy while addressing
the United States Supreme court at
12:13 o'clock this afternoon, and died
within ten minutes.
When the court convened at noon, Mr.
Garland resumed an argument in the
case of Towson vs. Moore, which had
begun yesterday. Mr. Garland spoke
calmly, and with no evidence of agita
tion or effort. He had road from a law
volume and had followed with the sen
tence:
“This, your honors, is our conclusion.”
As th<‘ last word was uttered. Mr.
Garland was seen to raise his hand and
then gasp, lie tottered and fell heavily
to the floor. A succession of loud, deep
gasps came from him as he lay on the
floor. His associate in the case, Mr.
Franklin Mackey, was at once by bis
side, and the head of {lie dying man was
raised, his shoes removed and a glass
of water given him. Ho was carried
from the chamber across to the room of
Chief Clerk McKemiey. and there placed
a sofa. Senator Gallinger, who is
a physician, was near at hand. Within
Tmj minutes from the time of the stroke
Mr. Garland breathed his last.
Mr. Garland had been in poor health
for several years, and some months ago
was at the hospital for some weeks.
His friends noticed when he was well
enough to he out again that he had
failed rapidly and was growing feeble.
Several weeks ago he was taken ill with
the grip and had suffered from its effects
ever since. He doctored himself by
taking jKipnlar remedies, and it is under
stood, he did not consider his ease seri
ous enough to call in a physician. Yes
terday afternoon while in the Supreme
court room he laid his head on his hand,
as he sat at a table for the accommoda
tion of counsel, and complained of feel
ing very ill. This morning before he
went into the court room lie spent some
time in the clerk's office, and remarked
to one of the officials that he was not
feeling very well, and he thought he
would go to Fort Monroe next Monday
to take a rest. He did not regard his
condition as at all serious.
After the death of the former Attor
ney General became known the Supreme
court adjourned for the day.
The news of Mr. Garland's death pro
duced a profound sadness in the Senate,
where he had served for many years as
one of a galaxy of distinguished men.
While in the Senate he had been it mem
ber of the Committee on Judiciary, and
had taken rank with the strong men of
that day. He naturally gave the great
er share of his attention to legal ques
tions as the tendency of his mind was
in that direction. Os recent years he
had practiced his profession almost ex
clusively in the Supreme court of the
United States. It was here that lie won
his most pronounced triumphs and since
the end must come, all recognize that it
was most fitting.
that it should have come while he was
performing his duties in this great
forum.
His first appearance in the court was
iu connection with the great case in
volving tlie validity of the test oath
law and the result of his contention in
this case gave him national fame. The
case grow out of the legislation of the
reconstruction period, tinder the law
in question, no lawyer who had partici
pated in the Civil War on the Confed
erate side could practice liis profession
until he had taken the oath. Mr. Gar
land challenged the constitutionality of
the law for himself and neighboring
lawyers and beginning with the lower
courts he followed the case tip through
the various tribunals to the Supreme
Court of the land. There, notwithstand
ing the court was politically almost
unanimously opposed to him, his position
was sustained and the law overthrown.
In the contentions in the Republican
party in Arkansas in the Brooks-Bax
tcr days. Mr. Garland espoused the
cause of Mr. Baxter as did a majority
of the Democrats and lu* succeeded Mr.
Baxter as Governor of the State. Hu
was first to the Senate in 1877, being
unanimously chosen and was serving his
second term when called into Mr. Clove-
I land’s first Cabinet. While occupying his
' position its Attorney General he was
tendered the position on the Supreme
Court bench afterwards given to Mr.
Lamar, but declined.
Since retiring from bis position in the
Cabinet Mr. Garland has resided in
Washington. He had friends here,
! whore he was universally esteemed for
! bis unassuming manners, genial dispo
sition and common sense way of view*
ing matters as well as for his sterling
integrity and legal attainments.
The detailed arrangements of the
funeral have not been completed, but |
services will be hold Sunday in the par
lors of tin* Colonial Hotel, where Gen
eral Garland lived, after which the
body probably will be placed in ti vault
at Rock Creek Cemetery to be removed
later to Little ltock, Ark., where in
terment will be made. The remains of
Mrs. Garland, who died twenty years
ago. now rest there.
GEN. EAGAN’S DEFENCE
JUSTIFICATION, EXTREME PROVOCATION,
ASSURANCE OF IMMUNITY.
Great Nervous tension Resulting from Attracks
on his Honor Made him in a Meas
ure Irresponsible.
Washington, Jail. 2'i. —The feature of
the proceedings before the Eagan court
martial today was the testimony, dra
matic in many parts in its quiet inten
sity, of Commissary General Eagan
himself. /
As he proceeded in his testimony it
became apparent that the line of de
fence would bo justification and ex
treme provocation, finally bringing on it
serious nervous condition which render
ed the witness unfit for business and
made him to a degree irresponsible for
his acts. The i‘resident’s order of im
munity, it was also made evident, would
be relied on ns applicable to General
Eagan’s testimony before the
War Commission and that therefore the
court martial had no proper jurisdiction
of tlie cases.
When the court assembled today
Judge Advocate Davis stated that he
wished to submit formally the testimony
of General Miles as read yesterday as
an exhibit in this trial, and with this
statement, lie said, the prosecution
rested its ease.
Mr. Worthington, counsel for Gen
eral Eagan, read several exhibits in
connection with the testimony rend at
yesterday’s session of the court. These
included the correspondence between
General Miles and General Eagan
through the Adjutant General, in
which the latter asked as to whether
the interview published in a New York
newspaper, in which General Miles is
alleged to have severely criticized the
Commissary Generic’ Department, was
autvoritative. Extracts from tlie al
leged interview were also read and
submitted as a part of the record.
The witnesses for the defence who
preceded General Eagan on the stand
were Colonel IV. L. Alexander, U. S.
A., of the subsistence department; Col
onel George B. Davis, assistant to
Commissary General Eagan; Miss Mil
lard. General Eagan’s stenographer,
and Mr. Rodgers, a clerk in the office
of the Commissary General Depart
ment. They testified that General Eag
an had been laboring under a great
mental strain ever since General Miles
appeared before the War Investigation
Commission.
General Eagan followed Mr. Rogers.
During the war with Spain, he said,
he had been in his office every day with
one exception', and had worked early
and late. lie had given his testimony
before the commission under oath —pre-
ferably so. He had first read General
Miles’ statement in the Washington pa
pers. For a long time he feared that
he might not be called before the com
mission. but be finally received a sum
mons to appear. Even then he was
not fully prepared, as his statement
necessarily involved the preparation of
records, etc. He held a conversation
with the Secretary of War in the course
of which he told the Secretary that he
desired to defend himself by bringing
proceedings against General Miles, but
was told that the immunity granted by
the President would prevent: any such
action. Witness accepted this as (lie
fact, but he did not think that this im
munity covered the newspaper interview
in which General Miles had by infer
ence declared him to be a murderer for
gain. This statement of General Miles,
in the opinion of the witness, had taken
away his (Eagan's) character. He
could not proceed against General Miles
in the courts or otherwise and he felt
that he might be better dead in the gut
ter.
His honor as a soldier, he continued,
had been attacked, and a soldier’s honor
should be as sacred as the honor of a
woman. “But I am tin honest man.”
said the General with feeling, “and I
believe that no one who knows me will
believe that I am a dishonest man. My
record is clean, my uniform is unsullied,
but I have been slandered and wronged.”
In answer to a question by bis conn
sol as to whether he had ever received
any benefit for any contract he had
made. General Eagan said, with great
feeling:
“No! on my honor and before my God.
not one cent's profit gain did 1 ever re
ceive. and yet my office has disbursed
$19,000,000 and 1 am now a i*>or man,
so poor that I have not now sufficient
money with which to pay your fee.”
The witness spoke of his mental and
physical condition between the time
General Miles gave his testimony and
the time he himself had appeared, lie
could not get rid of the thought that;
the country believed him to be a mur
derer and for gain, and it drove him
nearly to desperation.
Mr. Worthington then read from a
large number of newspaper clippings,
insiiv of which spoke of General Eagan
as a scoundrel and demanded liis dis
missal from the army. At 12 o’clock
Mr. Worthington announced that he
was unable to proceed with liis case,
as the Secretary of War, whom he desir
ed to call ns it witness, was now before
tlie War Investigation Commission and
could not appear. Other witnesses also
could not appear until tomorrow. I here
upon the court adjourned until 10
o’clock tomorrow morning.
DEEDS HOT DOLUS
MAKE A
PEOPLE GLORIOUS
Memories of the Great Dead
to be Kept Green.
THE SENATE’S TRIBUTE
TO THE SOLDI EES WHO “FEAR
ED DISHONOR ONLY.”
F.P. JONES SEATED FROM 14TH DISTRICT
Republicans Voted With Democrats to Ac'opt the
Rep art of the Elections Committee*
Godwin, Populist, Alone Vo
t'd Against it.
There is something about the Confed
erate soldier that inspires oratory—even
in a Republican President. It was only
natural that when the bill providing for
a suitable record of the deeds of tlie
Confederate soldier came up in the Sen
ate of the State that furnished more
Confederate soldiers than any other
that there should have been speaking
and good speaking—for the man who
could not speak with the deeds of the
boys in gru.v for bis theme, would have
nothing Ciceronian about him.
Men of all shades of political belief
spoke, and men who are usually silent,
and when the time came to vote every
Senator stood.
Senator Justice, who seldom speaks
and always to the purpose, spoke first
and paid a splendid tribute to the pri
vate soldier, whom, above all, be said,
it was the purpose of the bill to keep
in grateful memory. “I trust,” he con
tinued, “that there will be one chapter
: of the book, written by some capable
hand, devoted to the women of North
Carolina. During the struggle no man
showed greater heroism than they.
Another chapter I would put in the book
is a history of that war Governor whose
eagle eye was over all to protect' the
women and children of North Carolina.
When the history of North Caroline
shall go down to our children I would
have it inspire them to vow that no
alien, no inferior, shall ever take charge
of this State.”
Senator Jackson, the venerable Sen
ator from the Eighth district, spoke for
the first time during the session and
received the most profound attention:
“I speak as one who was engaged in the
times from 18(51 -’(53. When I came
here, I came pledged to vote for no
extravagance. When I saw the charac
ter of this body l knew I should not be
asked to do so. I shall endeavor to
be economical, but in voting for this
bill I am not violating this obligation;
I am doing one of the. highest duties
that can devolve upon a representative
of an enlightened people. 1 am sure
there will not be even a mttrmer against
expending the few paltry hundreds that
will Ik* required to preserve the deeds
of tjiose brave men. Rather should 1
be condemned did I oppose it. In pass
ing this bill we are preserving the mem
ories of men as brave as ever drew a
sword or pulled a trigger. And they
were not rebels, either, but brave men
who would court death a thousand
times rather than suffer any act of dis
honor.” Senator Jackson appealed for
the unanimous passage of tile bill.
Senator Brown, speaking briefly, said
that he stood for those who knew not
the conflict, but who took no pride the
less in the splendid achievements of
those who were engaged in it.
Senator Glenn spoke eloquently and
with much feeling: "Though my hair
is gray, I was too young to go to the
war. But I had a father who offered
up his life in defence of a country he
loved better, lie sleeps in an unknown
grave. His grave was digged with the
bayonets of his faithful privates and
there is no shaft save that of the im
memorial mountain to east a shadow ov
er that grave. If I did not give to this
bill my heartiest support I should he
unworthy of that father. May my
tongue cleave to the roof of my mouth
and my own arm fall palsied if ever
I shall rise to oppose the perpetuation
of the memory of the soldiers and the
women of my State.”
Senator Franks, speaking for the Re
publicans, said: "I have not considered
that there is any polities in this matter.
The party we represent has more old
Confederate soldiers among its white vot
ers in proportion than any other party.
We are in favor of this resolution, and if
a bill comes up to help the old soldiers
I am in favor of voting them every
dollar we can spare, and more. I shall
vote for this hill.”
Senator Fuller’s speech was well
worded, graceful, and pathetic in its ref
erence to the colored race. Certainly
his suggestion that the faithful colored
people who cared for the women and
children of the South during the war
should be remembered in our history is
one that will commend itself to all right
minded people. That would be simple
justice, not generosity. Senator Fuller
said: "1 come from a county that has
given the State as able men as any.
If it wore represented by an Anglo-Sax
on today he would be for this measure.
I would suggest in behalf of my race
that somewhere there be a little foot
note to commemorate the poor negroes
who staid at home and made the cot
ton and corn while the white men
fought. I am here to support this reso
lution.
“I believe that, in the language of
the poet, for such men as the Confed
erate soldier there is no death:"
"There is no death;
What seems so is transition;
This life of mortal breath
Is but the suburb of the life el.vsian
Whose portals we call death.
There is no death;
An angel’s form
Broods o’er the earth with silent tread:
They bear our best loved things away
And then we call them dead.
But ever near us, yet unseen,
Thou dear immortal spirits tread,
For till this boundless universe is life,
There is no death.”
The vote on the report of the Com
mittee on Elections seating F. I‘. Jones
from the Fourteenth district was a nota
ble tribute to Democratic fairness. After
the report bad been adopted by a simple
viva voce vote, Senator Wilson moved
to reconsider in order to put the mem
bers on record. Senator Robinson was
excused from voting, being from the
same district. Senator Fuller asked for
a statement of the facts, which was
given. Senator Franks (Republican)
said lie should vote aye because he “had
tried the committee once and found them
square men.”
Senator Campbell (Republican)
said ho had concurred in the
report of the committee be
cause everything had seemed to him
to be done fairly and honestly; anything
that seemed to be trashy was wiped
out. The conclusion was reached from
boxes from which no fraud was attach
ed. The roll call showed 42 “ayes” and
one “no,” Senator Godwin alone voting
against the adoption of the report. Mr.
.Tones was absent on yesterday, but is
expetced to appear today and be sworn
in.
NEW BILLS REFERRED.
S. B. 294. Senator Justice, by request:
To repeal chapter 13 of Public Laws of
1893. so as to change the name of the
town of Woolsey. in Buncombe. To
Committee on Counties, Cities and
Towns.
S. B. 293. Senator Glenn: To pay It.
Z. Fuel $21.66. To Judiciary Commit
tee.
S. B. 297, Senator Jones: To validate
all previous stock law elections in John
ston county. To Committee on Agricul
ture.
S. B. 298, Senator Wilson: To allow
Greensboro to issue bonds for public
improvements. To Committee on Coun
ties, Cities and Towns.
S. B. 299. "Srnntdr Travis) Tn'lie
•home Halifax county to pay for the
services of public school teachers in
1 $97. To Committee on Education.
S. B. 300, Senator- Osborne, by re
quest: To validate the debt of Madison
county. To Committee on Judiciary.
S. B. 301, Senator Lindsay: To pre
vent. dealing in futures in North Caro-
Mna. To Committee on Propositions and
Grievances.
S. B. 302, Senator Harris; To in
crease the number of Commissioners of
Northampton county. To Committee on
Counties. Cities and Towns.
S. B, 303, Senator Mclntyre, by re
quest: To amend chapter 399. Public
Laws of 1891. as to the institution for
white deaf and dumb at Morganton. To
Judiciary Committee.
S. B. 304, Senator Mclntyre: To in
corporate the Thompson Institute of
Ilobeson county. To Judiciary Commit
tee.
S. B. 303. Senator Crisp: To prohibit
the discharge of fire arms within one
half mile of the court house of Bobins
ville. To Committee on Propositions
and Grievances.
S. B. 30(5, Senator Satterfield: To re
enact the charter of the Youngsville and
Reidsviile railroad. To Committee on
Railroads.
S. B. 307. Senator Satterfield: To in
corporate the Presbyterian church in
Youngsville. To Committee on Proposi
tions and Grievances.
S. B. 308. Senator Mason: To amend
‘.he charter of Gastonia. To Committee
on Counties, Cities and Towns.
S. B. 309, Senator Whitaker, by re
quest: To regulate cotton weighing at
Wake Forest. To Committee on Propo
sitions and Grievances.
BILLS PASSED.
S. B. 29ti. Senator Glenn: To incor
poral e the Winston Trust and Deposit
Company.
S. B. 288: To authorize Elizabeth
City to issue bonds for public- improve
ments.
To seat F. P. Jones from the Four
teenth district in place of F. M. White.
S. B. 208: To authorize the commis
sioners of Moore county to fund the
indebtedness.
S. B. 30: To amend chapter 63. Pub
laws of 1893, its to barb-wire fences in
Davie, Granville and Bladen counties.
S. B. 133: To change the name of the
Btink of Levi, to the Merchants and
Planters Bank.
S. B. 166. H. It. 103: To repeal the
charter of Redmond, in Buncombe and
Madison counties.
S. B. 183: To establish a new town
ship in Surry comity.
S. B. 187. 11. B. 224: For the relief
of Maggie F. llitghie.
S. B. 192. 11. B. 15(5: To incorporate
the African Aid and Burial Society.
S. B. 201: To extend the time for
the organization of the Trust and Sav
ings Bank of Charlotte.
S. I*. 202: To amend the charter of
the Aaheboro and Aberdeen Railway.
S. 15. 206: For the relief of J. H.
I**aeh, late sheriff of Montgomery enmi
ty. by refunding to him $75.21 over
tiaid.
S. B. 207: To enable the Albemarle
and Chesapeake Canal Company to
•ollect tolls.
S. B. 211: To appoint a Finance com
mittee for Stokes county.
11. R. 370, S. It. 227: To appoint a
Special Committee on Trustees of the
State University.
(Continued on Second Page.)
THIRD EDITIONS
PRICE FIVE CE3SJTB.
IDE FILIPINO LIS
INFECTED
BY THE WAR FEVER
Would Join in the Struggle
for Freedom.
PETITION TO AGUINALDO
AGUINALDO IS EMPOWERED TO
DECLARE WAR.
THE CAB NLT LEAVES HIM FREE TO ACT
It Adcpls ihs Philippine Constitution, Which is
Afterwords Formally Ratified. Kiilirier
of r wo Filipinos by Americans
Creates Fxci'ement,
Manila, Jan. 2(5. —Via. llong Kong,
•Tan. 26.—The Republica, the official or
gan of the Filipinos, announces that the
Congress at Malolos has adopted the
Philippines Constitution, passed a
vote of confidence in Aguinaldo and em
powered him to declare war on Ameri
cans whenever lu* may deem it advis
able.
At a mass meeting of women at Ca
vite yesterday, the paper adds, it was
enthusiastically resolved to petition
Aguinaldo for permission to take men’s
places in defence of independence and to
bear arms if necessary.
Paterno has asked for, and it appears,
has been granted the privilege of “tak
ing a prominent place in the line of
battle against the Americans.”
An American sentry, yesterday even
ing, killed a captain of Filipino artillery,
at the Touto outpost. As a result the
native press is intensely excited and de
nounce it as a “cowardly assassination.”
On Saturday evening, January 21st,
five Filipinos, determined to revenge
4-heir* empto h»V do atfrrrat t empt cl to en
ter our line. An American sentry killed
one of them, who was armed with a
revolver. After an exchange of shots
the others were arrested. The incident
lias intensified the excitement here.
The Mabini Cabinet yesterday, insis
ted upon the liberation of the Spanish
civil prisoners, in commemoration of the
proclamation of the Filipino Republic,
and also donated money to the native
clergy. A decree to that effect was signed.
The Spanish clergy, however, remain
prisoners.
An elaborate program has been ar
ranged for the formal ratification of the
Constitution to-day.
Nothing was accomplished at the con
ference here yesterday and it is rumored
that the Filipinos at their next meet
ing will give the Americans eight days
in which to accede to their demand for
recognition. The rumor is discredited.
THE LAW MUST DECIDE
MRS. CASTLEBERRY'S STRUGGLE TO RE
CO) ER FO3SESSION OF HER CHILDREN.
♦
She Claims that her Husband, from Whom She «•
is Par ei, is Totally Unfit to
Govern Them.
Durham, N. C., Jan. 26.—(Special.)—
The case of Mrs. Ella Castleberry to
recover possession of her children who
have been in the custody of her hus
band, It. E. Castleberry, was called be
fore Judge 11. R. Bryan this afternoon,
and has not been wmefuded at this
writing. Mr. and Mrs. Castleberry part
ed in 1897, and since that time Mr. Cas
tleberry has had charge of Goldie and
Estes, two of his children.
On January 14th. E. Q. Martin, a
brother of Mrs. Castleberry, who is
a soldier in the regular nrrny, brought
Goldie Castleberry to Durham and car
ried her to her mother’s home. Mr. Cas
tleberry arrived here a day or so later
with a warrant for Martin’s arrest,
ibarging him with abduction, but the
soldier had lied. Mr. Castleberry took
the child without the knowledge off its
mother and carried it back tx> Cary with
him. In the writ of habeas corpus, Mrs.
Castleberry claims that her husband is
totally unfit to govern the children:
while living togetuor he cursed and
otherwise mistreated her. A number of
other things arc charged against him.
The ease of Alice Ray vs. North
Carolina Railroad Company, will be
on to morrow. A number of witnesses,
have been summoned, including the en
gineer and conductor of the Southern
passenger train that killed Newman Ray
a year or so ago.
Rev. J. W. Lee and others made ad
dresses here to-night on temperance. At
the dose of the meeting an anti-saloon
league was oragnized.
BOUNTIES FOR OUR SHIPS.
Washington, Jan. 26. —The shipping
bill, providing a system of bounties for
American ships, was favorably acted on
today by the House Committee on Mer
chant and Marine and Fisheries. 'Hie
vote was on party lines, the Democratic
members opposing it. .