Ihe Weather To-day: I Carolina” j FAIR; CONTINUED COOL. The News and Observer. VOL.XLVII. NO. 4. LEADS ILL NORTH CAROUNA DASUB 1 MEW 111 MDglWil, 1 DECISION 111 THE CASE UNDER TWENTY DAYS Judge Simonton Places the Burden of Proof on Railroads. WHAT THEY MUST PROVE THAT OTHE.II PROPERTY IS I)H SIGNEDLY ASSESSED BELOW. ITS VALUE. THAT RAILROADS ARE ASSESSED ABOVE The Railroad Attorneys are Discomfitted. Any Appeal from the Judge's Decision Must go to the Circuit Court of Ap peals. Attorneys May File Briefs Within the Twenty Days. Asheville, N. C., Sept. 14.—(Special.)— Judge Simonton will not decide the tax case within the next twenty days, lie lias given the attorneys that much time to tile briefs if they so desire. No commissioner will Lie appointed to take further testimony. He considers this as a full hearing, and any appeal from his decision, must be ro the Circuit Court of Appeals. He intimated this several times during argument today, much to the discomfiture of the railroad attorneys. He has placed the burden of proof on railways and told them they must prove two things: 1, that real ami personal property is uniformly and de signedly assessed for taxation at less than market value; 2, that railroad property has been designedly taxed at full value. “And if I should come to the conclusion that they have proved this,” he added. “I shall not regard that anybody has committed fraud. I shall think it was a perfectly honest mis take and no perjury on the part of offi cials.” This announcement was made this af ternoon as court adjourned on conclu sion of Mr. Simmons, opening speech for the State. Opening speech forJtJie railroads was made at the morning ses sion of court by Captain Price. Each speech consumed two hours. There are six other speeches to be made on each side as follows: Ilinsdalc, Har ris and Connor for State; Burton, Shaw and Johnson for the railroads. They will consume all tomorrow and the tele graph case will be taken up Saturday. Before the commencement of argu ment this morning the State completed the reading of its nearly three thousand affidavits in regard to full valuation of personal property. Among them were affidavits from W. M. Frtulen, of Edenton; Thomas G. Skin ner, of Perquimans; E. A. Aydy lette, of Elizabeth City; L. S. Williams, of Wilmington; W. L. and Banks Holt, of Burlington; A. W. Haywood and B. S. Robinson, of Haw Rlvey; J. .T. Laugh'inghouse, of Greenville; T. T. Ilicks, of Henderson; c. Patrick, of Clinton; John S. Cunningham, of Per son county; John F. Bruton and George !>..Green, of Wilson. Some addition al affidavits were made by Chairman McNeill and Clerk Brown as to actual valuation of railroad property ol' the State and showing by detail evidence of officials themselves that it had been much undervalued instead of overval ued, as claimed. Affidavits from Wake county were IN4 in number. Fifty of them by as sessors. fourteen by members of the board of equalization, seven by county officers, six by money lenders and 10(5 by citizens. Some of these were very strong, all denying that there had been any understanding that private proper wer the act of the Legis lature, notwithstanding the provision of the constitution requiring tax to he uni form and equal, provided a different method for assessing railroads than that prescribed for assessing other property. That, act ujhui its sac e is obnoxious to the Fourteenth Amendment, which pro vides that no State shall deprive any persons without due process of law or deny to any person equal protection of laws. That there is a rule which has obtained in the State of systemat ically valuing property of the citizens in counties from 43 to 75 per c< nt of the true valuation. This occupied the largest part of the time assigned to Price for argument. He insisted that this rule had impressed itself upon the Executive and Legislative Depart .incuts of the State, and in this connection eallel attention to the messages of Governors Vance and Jarvis and reports of the Auditor and Treasurer from time to time, iu which it was suggested and stated that property in North Cairo! i v a is undervalued. That the court ought in view of the conflicting evidence in the caw to appoint a l iasrer to ascer tain how the fact is as to the rule and custom by taking testimony under oath. A great number of authorities, prin cipally Federal, were cited in support of the above ixdnts. Price showed great familiarity with law touching the case and made a very line argument. Simmons first directed attention to the contention that the Corporation Com mission lias no power to iix tax values. The act creating it conferred all [lowers formerly vested in the Railroad Commission. In addition there was an amendment to the Machinery Act ex pressly conferring taxing power. Still another act provides for taxation of rail road property, 'by the Corporation Oom ni'isslion, that has hitherto escaped taxa tion. All these acts under a recent State de cision must Ik* construed together. He argued that our system of taxation is about the same as that in South Carolina and the facts in this ease the same a.: those in the Chamberlain ease decided in that State by .Judge Simonton. As to the contention that tile method prescribed by the law for valuing railroad property is different from) the method pre scribed for other property, and there fore unconstitutional, he said this had liven too often settled to require serious consideration. He quoted a large num ber of authorities on this point. This attack on tihe Commission's valua tion, he pointed out, was an attack on the judgment of a tribunal of compe tent jurisdiction, arrived at according to law, and that to set it aside two tilings (Continued on second page.) SOUTHERN HOSIERY MEN THEY MEET AT CHARLOTTE AND FORM AN ASSOCIATION. Schedule of Advanc?d Prices Adopted. Three Fourths of South's Soft Yarn Mills. Were Represented. Charlotte, N*. C., Kept. 14. —The Southern Hosiery yarn spinners met here today and formed an association. A number of commission men were in attendance and in conference with the spinners. A schedule of advanced prices was made and adopted. Charles Adam son, Cedartown, Ga„ was made presi dent and J. F. Taylor, of Kinston, N. C., secretary. Three-fourths of all tne mills making soft yarn in the South were represented. The association ad journed to meet October 12th when it is understood another advance will be made. SUPPRESSED- A VILE SHEET. General Ludlow's Action is Approved By Secretary Root. Washington, Sept. 14. —Secretary Root lias approved that action of Gen eral Ludlow in suppressing the Rccon centrado, a paper formerly published in Havana. AfttTr the paper had been .-oppressed the publishers apiteared in Washington and protested to the Secre tary of War that the action of General Ludlow was an infringement on the rights of citizenship. They petitioned to have the order of General Hollow re voked. The Secretary referred the whole matter to General Brooke for re port. who in turn referred it to General Ludlow. The report of General Lud low", endorsed by General Brooke has been received at the War Department and Secretary Root disjioses of it in the following endorsement: "War Department, Washington, Sep tember 14th: "T he ‘Reconcentrado’ appears to have been a vile publication. Its suppression raises no question of the liberty of the press. Every Government is bound to protect the community against public indecency, in this as well as in other forms, it is to be regretted that the tier sons responsible for the publication cannot be criminally punished. “The order of General Lad low is ap proved. and the petition is denied. (Signed.) “ELI HI! ROOT, "Secretary of War.” WANT’S TO EAT FST FRHIA/V. Another American Challenges Him to Mortal Combat. Columbia, S. ('., Sept. 14. —-The fid lowing challenge to mortal combat was cabled this morning to Count Ferdinand Walsin Esterhazy, at his address in Lon don: "Sir: Believing you to be answerable for the .misery and ''humiliation of Cap tain Dreyfus of the French army, and he. Captain Dreyfus, not being able to call on yon personally for satisfaction. 1 as an American, freeborn, loving lib erty. do volunteer in my own right to meet you on the* field erf honor in behalf of Captain Dreyfus at any tint-.* and place agreeable to you. (Signed) "PAI L El AVER. “Anderson, S. C.” Ayer is a sou of the late* General Ayer of the Confederate Army, and was a sergeant, of the First. South Carolina volunteers in the Spanish war. REFUGEES' COME TO ASHEVILLE Knoxville. Tonn., Sept. 14.—Hundreds of refugees are coming to and through this city from the* yellow fever stricken districts in Alabama and Mississippi. Thc v majority are now going to Asheville, N. C., as the railroads are giving a si>c cial rate to that point. RALEIGH, NORTH CAROLINA, FRIDAY MORNING, SEPTEMBER 15, 1899. THE CUBIT WILL PARDON DREYFUS The Decree Will be Signed September 19th- SO DECLARES THE MATIN MANY OFFICERS ASK THAT HE BE I’AIMKFVFI). THS IS ASSERTED BY THE FIGARO The Paris Correspondent of the Daily Telegraph Says it is Certain that Captain Drey fus Will be Liberated. Letter to Madame Dreyfus. Paris. Sept. 14.—The? Matin this morn ing asserts that the Cabined has agreed to pardon Dreyfus and that: the decree will lx* signed September lihh Many of the provincial papers publish articles insisting on the* granting of a pardon. The Figaro says that many officers of the army are asking that IDreyfuis be pardoned. ■Countess Prokesc hostoin, President of the Austrian Red Cross Society, lias written a letter of condolence to Miue. Dreyfus. * London. Sept. 15.- The Paris corre spondent of the* Daily Telegraph stays; "It is certain that Captain Dreyfus wiiil he liberated. The only question to lx* settled is one* of ways and means." RESIGNS AS A PROTEST. Rome, Sept. 14. —The Tribune* says that Signor Tomnsco Villa. President of the* Italian Commission to the Paris exhibition, has resigned as a protect against the verdict e»f the Rennes court martial. .1 OH N IHEI .Ft IAL CON' VI ( TED. Verdict Aces .xpanied With a Recoin— mend at ion to Mercy. Guyton. Ga., Sept. 14. —The ease of John Delegal, e>f the Darien rioters, sent to Fffingtem court on change of venue* from Mclntosh county, was concluded today in a verdict of guilty of murder with a recommendation to the* mercy of the court. He* was sentenced to life* im prisonment. John ’ 'Dele-gal. it will he* remembered, shot and killed Deputy Sheriff Townsend, who went to arrest him during the recent race* riots. His brother and sister who wen* indict'd w ith him were acquitted. The case* of Henry Delegal, for rape, which after a mistrial in Darien last week, was sent to this county on a change of venue*, was taken up this af ternoon. This e*ove*rs the* ease* eait of w'Meh grew Hie* riots. There was no trou ble in securing a jury and the* verdict was quickly submitteel. NO NEW CASES AT NEW ORLEANS New Orleans. La.. Sept. 14.—Presi elcnt Souchon, President of the State Boarel of Health tonight issued the fol lowing bulletin: "No new cases, seven eases up to date, one* of which died. Others con valescent and improving. All isolated and under control. All in same* resi dence section of the town. One ease in Pass Christian. Mbs. I have sent a medical 'nsjievtor and will station there a sanitary officer to sis* that isolation is satisfactorily carried out. One now case in Mississippi City under supervi sion of Dr. Gant of the Mississippi Stale Board.” CRUSHED BY A CANNON. Norfolk, Va., Sept. 14.—Charles *l. Thompson, a prominent fraternity man and employe of the Navy Yard, was killed instantly today by a gun he was assisting in dismounting on the gun boat Newport. One of the guns feli upon him, crushing his breast and in testines into a shapeless mass. He was about forty years old, popular and leaves a family. PURCHASE CHEMICAL WORKS. Charleston, S. (’., Sept. 14.—1 tis stated here on the best authority that the Virginia-Carolinui Chemical Com pany lias purchased the big plants of the Georgia Chemical works, which in clude the only fertilizer works in Augus ta and the fertilizer plant and mines at Pon Pon, this State. Consideration not given. DUCKTOWX STRIKE GROWING. Blueridge, Ga., Sept. 14.—Tlx* strike at Ducktown, Term., is assuming .urge proportions and the furnace and ore roasting men having joined the strikers, everthing is shut down. The sheriff and deputies have arrived on the scene from Benton, Toiin.T and thro or four arrests have been made. ORDERED TO PHILIPPINES. i Washington, Sept. 14. —Secretary Root has ordered the Twenty-eighth volun teers, Lieutenant Colonel Leonard, from Camp Meade, Pa., and the Twenty ninth. Colonel Hardin, from Fort Mc- Pherson, Ga., to San Francisco, to em bark for tin* Philippines. The order is in the same form as that issued to other regiments. FEVER AT PASS CHRISTIAN. One New Case at Mississippi City Sitiyt tiou in Jackson Unchanged. •Jackson, Miss., Sept. 14. —'Dr. J. J. Harry, State Health officer in charge at Mississippi pity, reports tonight that one ease of yellow fever has developed at that place since last night. The ease is of a mild variety and the patient is lo cated in one of the formerly infected Houses. A newly infected point is announced. Pass Christian, oil the Gulf Coast, re porting om* mild ease. The promises are closely guarded with the local health of ficer in charge. The situation iii .Jackson shows no change tonight and no new eases are re ported. Major Porter, the only patient is hanging tenaciously to life, but the at tending physicians say he has scarcely one Chance in fifty to recover. FIFTEEN NEW CASES OF FEVER. Key West, Fla., Sept. 14. —Fifteen how eases of yellow fever have been reported in the past 24 hours and one (lea I'll. TROOPS LEAVE NEW ORLEANS. , Atlanta, Ga., Sept. 14.—General Frank, commanding the Department of the Gulf, has ordered two garrisons now at New Orleans , to McPherson Bar racks, near Atlanta, on account of the yellow fever prevalent at the former place. The movement is made in ac cordance with advices received by Gen eral Frank from the War Department today. POLICE RAIDS AT PARIS. Paris, Sept. 14. —-Fresh police raids were made this morning at the ri*-;- dcnees of prominent Royalists. CHARGES OF CORRUPTION AGAINST THE AMERICAN OFFICULS IN MAN LA. Made by a Private of First Colorado Volunteers. American Soldiers Sentenced to Dea h for Rape. ~ Deliver, Col., Sept. 14. —Napoleon E. Guyol. late Private of Company G, First Colorado volunteers, who during the last three mouths of 185)8 served as a Clerk under Major Kilbourne and later under Lieutenant Colonel Potter, auditor of public accounts, Manila, publishes, this evening a (signed statement in which the gravest charges of corruption are made against the American officials in Manila lie says an examination of the vouchors forwarded to Washington will shew that exorbitant prices,-are paid for all kinds of supplies purchased in Manila: that vast* quantities of high class wines and other supplies have been purchased ostensibly for tin* Spanish hospitals while in the* American hospitals only the coarsest sup plies are furnished. 'He says court mar tials of private soldiers charged with selling Government property have* been stopped because they would result in the exposure of official rascality. The rob beries he asserts will aggregate an cm ur inous sum. SWUNG FROM TELEGRAPH POLE One of the Two Negroes Who Commit ted the Assault at Tyty. Tift on, Ga., Sept. 14.—A negro was arrested at Tyty and positively identified as one of the two negroes who assaulted Miss Johnson at that place last Tues day. Two hundred'men heavily armed, assembled at Tyty. People passing on a train at 2 o’clock this morning saw a negro suspended twenty feet in the air from a telegraph pole. Search for the other negro continues. TO DIE FOR CRIMINAL ASSAULT. Manila. Sept, 11. —Via Hong Kong. Sept. 14. —The local papers assert that c< iporal Damhoffer and Private Coiiine, of Company B, Sixteenth 'infantry, have been sentenced to death by court martial, and that Private M< Bennett lias been condemned to twenty years iinipcisoii ment for having criminally assaulted na tive women in 'Manila a month ago. The crimes, it is said, greatly aroused the na tives. The papers assert also that General Otis has recommended that President McKinley approve the sentence tun'd that he desires a public execution of the men sentenced to death as a warning against a repetition of the crime. VIRGINIA BASE-BALL LEAGUE. Norfolk, Va., Sept. 14. —The Virginia State Base-Ball League held an adjourn ed meeting hero today and perfected the organization, electing the following offi cers: E. H. Cunningham, Norfolk, President and Treasurer; 11. L. Cardoza. Rich mond, Secretary. The new circuit will embrace Norfolk. Portsmouth. Newport News, Hampton, Petersburg and Richmond. sed of educated Indians, leading men of the Chippewa, iNez I’erees and other 'tribes. Chiefs Joseph and Pug-a- Ma-G'i-Shintg of these tribes are much in ested in the work and have been in Washington with Captain Tillman. The two remaining platoons will be compose 1 South Carolinians. Recruiting sta tions will Im* opened in South Carolina and St. Paul, Minn. Already enough men to fill a regiment have applied, so tin* question of personnel is only one of selection. -Captain Tillman was the youngest colonel in the Spanish war. THE TARTAR IS RELEASER. Washington, Sept. 14.—Clearance pa pers have been allowed the Tartar at Hong Kong. It is expected that she will proceed to tlx* United States at onei*. The information that clearance had been allowed came in a dispatch to Adjutant General Corbin this morn ing from Colonel Metcalfe, command ing the Twentieth Kansas. and the troops aboard the transport. Another dispatch from Colonel Metcalfe, in re ply to one sent yesterday, states that the Tartar was no more overcrowded and that the food was as good as on other transports leaving Manila. lb* said that the trouble arose among the discharged' regular soldiers who were returning home on board the ship. The incident is now regarded as closed. TROOPS COMING HOME. A Washington. Sept. 14.—The Adjutant General received the following dispatch from General Brooke today: “Havana, September 13th. “Adjutant General, Washington. “Depot battalions First'and Eighth infantry leave for States on Bufort to night. The Second and Tenth infantry will return on McPherson, which left New York ninth; the Fifth Infantry is ready to move as soon as transport arrives; expected on 12th. (Signed) "BROOKE, Commanding” FILIPINO POLICE ON DUTY. Manila, Sent. 14. —(5:05 p. ru. —The Filipino police n urn tiering 250 men armed with revolvers and clubs became opera tive at Manila today. The force is eon trolled by the provost marshal and "-as reviewed on the Luneta. ] * JE FIVE CENTS. o CAPTURE OF A SCHOONER. Commander of the Paraguay Reports a» Hot Engagement With the Foe. Washington, Sept. 14.—The following dispatch has been received at the Navy 1 lepartment: t “Manila, Sept. 14th. “Secretary of the Navy, Washington: “Davidson, commanding Paraguay, re jmrts sharp engagement at Baleraao. Vessel struck many times rifle shots; no casualties. Paraguay silenced insur gents’ tire in twenty minutes; range from 4i*k was the subject, under investigation by the Mazet investigating committee today. Mayor Van Wyck while oil rim stand intiniut“(l that Mr. Moss was anxious for a n.•mi nation for a position «.n the Supreu e Bench. He said he would not :n*t on the Ranmpo Water case until it came be fore him officially. Th * mayor added that Mr. Moss seemed to think that Silas B. I hitcher, la*vi P. Morton and General Tracey wen* n “pack of thieves." This was the firs: time cx- Governor Morton’s name lias ever been connected with the ltamapo Company, and Mr. Moss pressed Mayor Van Wyck for the purpose of ascertaining what the chief executim* of New York city knew about the sto-khoi i< rs in the corporation possessed by the former chief executive of the State. lie was unable to obtain any definite information. In fact when closely int *rrogr.ied by Mr. Moss the mayor retorted: "None * T your business,” while Ricliar i Croker under similar pressure replied: "That is my private affair.” Asked by Mr. Mom if he did not consult a judge of the Supreme court as to whether he was bound to obey a Mazet committee snii poena. Mr. Croker replied: "10, sir, you’re dreaming.” Little important information cotiid be obtained concerning the Ran*ap> Com pany. One of the nnst significant statements was that made bv Edward Lauterbaeh, who responding to interro gations infofiued the committee that lit* had endeuvfred to obtain the consult of the stockholders to the publication of their mimes and that by Monday next he hoped to have the necessary consent. He was given until Ttrsday to produce the names. Hugh McLaugh lin. the Democratic leader in Brooklyn was questioned concerning the private water companies <>f Long Island, at tempted municipal legislation In groan r New York affecting these corpora tin us and the resultant react iqymry (feet of such i iptqxxs-ed legislation apron the rela tions between the Democrati.* leaders <.f Kings county and Tammany Hall in general and the Raniapo Water Com pany in particular. PROM LYNCHBURG TO NIAGARA. This lExeursdon Marks an Epoch in S. 8. Excursions in the South. Lynchburg. A’a.. Sept. 14. —'Che de parture of the excursion of Court street Methodist Sunday School for Niagara Falls this morning marks an ep >ch in Sunday School excursions in the South if not in the United States, in view of thi* magnitude and success of the under taking. The train was in two -erfions, in all seventeen passenger coaches, two dining ears and a baggage ear, an 1 838 passengers were aboard. Caterers, doe tors, dentists and two score of commit* teenmn were alxuird to look after the comfort of 'tlx* tourists. They will te uual'ii at Niagara twenty four hours ami reach home Saturday night.