44444444 *444444*444444 ♦ THE WEATHER TO-DAY ♦ For North Carolina: ♦ | FAIR. | *4444444 YOL. LI. NO. 86. Leads all Month Carolina Dailies in Mews and Circulation COMMODORE SCHLEY WAS NOT ffl COM- MftND Htiis Opens the Protest Filed by Admiral Sampson’s Counsel. THEY ARGUE THE POINT And Ask That Dewey’s Opinion be Either Striken Ont or Disapproved. POINT TO DISPOSITION OF VESSELS Declare This Showed Sampson in Command, But Maintain That Question of Who Com manded at Santiago Was Outside Scope of Inquiry. (By the Associated Press.) Washington, Dec. 20.—The objection of Admiral W. T. Sampson to the portion of Admiral Dewey’s report of the Schley Court of Inquiry, in which he says Ad miral Schley was in command at the battle off Santiago and entitled to the credit for the victory, was filed with (Secretary Long today. The document was brought to the Navy Department by E. S. Theall, of counsel for Admiral Sampson and handed to the Secretary. It is signed by Stayton & Campbell and E. S. Theall, counsel for Admiral Samp son. and is addressed to Secretary Long. It follows: Sir—As counsel for Rear Admiral Sampson, we have the honor to request that the department, for the reasons be low stated, strike out or specifically dis approve that portion of Admiral Dewey's opinion filed in connection with the proceedings of the Schley Court of In quiry, In which he stated his view to be that Commodore Schley was In absolute command at the naval battle off San tiago. 1. Commodore Schley was not in com mand at that battle. (A.) The disposition of the forces at the beginning of the battle, according to Commodore Schley’s awn statement, places Admiral Sampson in command. The Brooklyn and the Vixen were the westernmost ships of the fleet; the In diana and Gloucester were the eastern most. The New York was nearer both of the latter than was the Brooklyn, and notably at the time when the Indiana was heavily engaged at the beginning of the action, and when the Gloucester was engaged with the Furor and Pluton. Commodore Schley says “The Indiana and the Gloucester * * * were closer to your flagship than to the Brooklyn. We have, then, the case of a fleet in a regu lar formation, with the commander-in chief within signal distance and closer to a large number of the ships than is the second in command. It is true that the commander-in-chief could not Ijave reached the most distant vessel by sig nals, except by causing them to be re peated by an intermediate vessel—an en tirely unusual course—but it is equally true that the second in command could not have reached the remote vessels of the fleet (namely—the Indiana and the Gloucester) without likewise repeat ing signals. In this state of affairs, the regulations of the Navy and the customs of the sea place the absolute command and the full responsibility in the senior officer. (B). The Brooklyn's manoeuver dur ing the action destroys any claim that Commodore Schley may have had to the command. The facts as tothe loop are found by the court. The finding and opinion report that to avoid danger to his own ship, ho manoeuvered without warning to the rest of the squadron and in disregard of the fleet formation. 2. The President, of the United States and the Navy Department have decided that Admiral Sampson was in command at that battle and Commodore Schley second in command. This fact was before the court: for tile Secretary’s letter to the Senate, dated February 6th, 189!*, states that the Span ish squadron was destroyed oy our fleet under his (Sampson’s) command,’’ and “the advancement of Commodore Schley was proposed in recognition of his ser vices as next in rank at the victory of Santiago." 9. The question as to who commanded at Santiago was not referred to the court for consideration. Evidence beai - ing on the point was excluded. (A.) If Commodore Sohley was in com mand, Admiral Sampson was not, and i? the question as to which was ip coi\ - mand was to be considered by the court, surely Admiral Sampson became an in terested party and under the precept was entitled to the hearing which was re peatedly refused him. (Ti.) The language of the pfloeept ex cludes the question as to who command ed at that battle. It directs the court to inquire into the conduct of Admiral Schley—not into his status or as lo whether or not he was in command, and to report its conclusions upon his “con duct In connection with the events of the Santiago campaign." C.) The judicial officers of the court maintained that this matter was outside the scope of the inquiry. They oxpre\sed willingness to go Into It if their view The News and Observer, should be overruled, but were, in every instance sustained by the court. Thus at page 157. the a* distant lo the Judge advocate said: "One further word as to a suggestion just made, as to the intention to show that Admiral Sampson was not in this battle. I wish to say that we do not understand that the question’ whether Admiral Sampson was or was not in the battle of Santiago is before the court. If it is, we shall be happy to investigate it. * * * Until the ease takes thfct attitude it is improper to spread upon the record arguments and questions which proceed upon fehe theory that he is in the case.” Counsel for the applicant with drew the question. At page 490 of the record, the same matter beibg under discussion, Mr. Han na said: “If it is thp desire of the court to go into these things it woiijld, of course, be proper that we Should also go into them. It would not only be proper, but it would be necessary. * * * We are thorough ly prepared to go into any discussion Os them, provided the court desired to so enlarge and extend the scope of this in quiry. Counsel for .the applicant again failed to press the point and the court made no objection to Mr. Hanna's view. At pages 153 and 1080 there were siml lur rulings by the judge advocate. In the case of all these declarations there was acquiescence on the part of the court. (D.) The court uniformly rejected evidence as to who commanded. On all the pages herein cited from the record, the court rejected such evidence, and nowhere was it admitted against ob jection. (E.) The court more than once speci fically ruled that this question was not before it. For example, at Page 1586, where the question was as to the position of the commander-in-chief, and of the New Yoik, and as to the part they took in the battle, Admiral Dewey said: “We do not want that. We have ruled that out.” The judge advocate then asked if the court had so ruled, and Admiral Dewey replied: "We have. We have kept the New York out of it." (F.) The court went, so far as to rule at page 1421 that Admiral Schley was not in command during the battle. The mat ter then before the 4ourt related to the periods during which Admiral Schley has been in absolute command, and. the judge advocate said: “Mr. Rayner, you are confining yourself to July 3rd, are you?" Mr. Rajmer in reply acquiesced in this view', and the court ruled that “all questions * * * shall be confined to between the 19th ol May and the first of June, relating to the organization, management and con trol of that squadron when he was ac tually commander in chief." Matters re ferring to hi.s alleged command on July 3rd were excluded. (G.) All proposed questions on this subject were either rejected by the court or withdrawn by the applicant, who Or ally acquiesced in the decisions of the court and gave up his efforts in this be half, saying: “I bow respectfully to the decision of the court, and I know exactly what it means." (H.) The minority opinion expressed by Admiral Dewey in this matter is at variance with all the rulings of the court in this regard and directly contradicts the letters, wherein Admiral Dewey, for the court defines Admiral Sampson’s status. The Navy Department in its precept had justly provided that any person ‘‘ln terested’’ might be given an opportunity of appearing before the court in person or by counsel and protecting his rights. As counsel for the applicant ignored at times the court's ruling and spread upon the record arguments reflecting upon Admiral Sampson, we, as his coun sel, three separate times appealed to tlie court asking for protection op for permission to appear and defend Ad miral Sampson’s lights. Each time our request was denied and we w. re assured Admiral Sampson was not involved, and finally Admiral Dewey, acknowledging the receipt of one of our letters ir>. which we had appealed to him on the ground of this very question as to who command ed at Santiago, said: “I have to state while the precept con vening this court gives it authority to permit any person whom it may regard as concerned in the investigation to be present * * * the court considers that Admiral Sampson is not an interested party; * * * and you are further in formed that if circumstances arise which, in the opinion of the court render it necessary for Admiral Sampson to be re presented due notice will be sent him." I pon that promise Admiral Sampson relied. The notice came only in the torm of a minority opinion by Admiral ♦Dewey discussing matters beyond the scope of the precept, and nowhere in cluded in the facts found by the court. CITIZENS ASSOCIATION FOR RELIEF OF POOR. Organizsd With Rev. Dr. A A. Marshall as President and Contributions Requested. A Citizen's Relief Assocation has been organized in the city to aid the worthy poor who are in distress. Tho following constitute tile officers: President—Dr. A. A. Marshall. Vice-President—Mr. R. H. Battle. -Executive gommittee—J. I. Johnson, 3. M. Broughton. J. T. Pullen, J. G. Brown, S. W. Whiting. The citizens of Raleigh will be called upon to contribute to this work and we are sure a generous response will be made. Contributions may be sent to any of the above officers or left at the Raleigh Sav ings Bank. Let us not. forget tho fact that there is much suffering during this extreme cold spoil. United States Senator J..H. Berry, of Arkansas, while on his way to his home at Bentonville, was badly injured at Newburg yesterday by a full on the ico. lULEIGH. NORTH CAROLINA, SAIL RDAY MORNING, DECEMBER 21. 1901. GIGE IS READY TO QUIT THE CABIHET Waits For Roosevjlt to Find Successor. 10 LEAVE BEFORE SPRING Roosevelt, However, is Urging Him to Remain WAKEMAN REMOVED AT GAGE'S REQUEST This May Caus? the Secretary to Rtconsidrr the Matter. He Says He Would do Al most Anything the President Might Ask (By the Associated Press.) Washington. Dec. 20.—1 tis Secretary Gage’s intentions to relinquish the Treasury portfolio as soon as President Roosevelt can find a suitable successor, and he has so informed the President. Mr. Gage would like to be relieved be fore spring. The President has done all he could to dissuade Secretary Gage from retiring and will probably continue to use his efforts in that direction. Secretary Gage's determination to re tire was made known to the President some little time ago, just how long is not known. A long conference between the Presi dent and Secretary Gage was held before the Cabinet meeting today. But it hacl nothing to do with the question of tin Secretary’s resignation. It related t( the matter of the removal of Appraiser Wakeman, whose resignation Secretary Gage requested a few days ago. Ap praiser Wakeman wrote a letter to Secre tary Gage declining to resign, and in tin course of which he took occasion to re fteet upon the secretary. The President did not approve the spirit of the letter, and at the conference it was decided tc summarily remove Mr. Wakeman. After the Cabinet meeting Secretary Gage declined to sav anything about th< rumor of his resignation beyond the simple statement that he had not “form ally’’ resigned.” What I may or may noi do eventually, I am not prepared to say now,” said the Secretary. “But I can say that the relations between the Presi dent and myself are perfectly cordial He would do almost anything I ask, and I would do almost anything he might ask.” Later the official announcement w r as made at the White House that Mr. Wake man had been removed and that George W. Whitehead, late Collector of Customs, of Porto Rico, had been appointed to succeed him. No further announceineni was made at the Treasury Department Secretary Gage decline to make public Mr. Wakeman’s letter. Alfred W. Brown, the appraiser of merchandise at the Port of Boston, has been ordered to New York to take charge of the ap praiser’s office there, pending the nomi nation of George W. Whitehead to succeed Mr. Wakeman, which will be sent to the Senate on its reconvening January 6. Mr. Wakeman will vacate his office tomor row. SOUTHERN FURNITURE MEN ARE TO HOLD AN EXPOSITION « An Enthusiastic Meeting at Which Thirty- Five Factories Were Represented Was Held at Bigh Point (Special to News and Observer.) High Point, N. C., Dec. 19.—What will be known as the Southern Furniture Ex position will probably open in High Point the coming spring. There was a lares and enthusiastic meeting of our manu facturers in the mayor’s office when this question came up. Thirty-five of the factories here were represented and all of them gave tho movement their hearty endorsement. A committee composed of Mr. M. J. Wrenn, Dr. W. G. Bradshaw- and Mr. Chas. Ragan were appointed to look after a suitable location and ascertain the cost of build ings. etc. It is thought a building 100 by 200, four stories, will answer the pur pose. The exposition will be under the direction of a stock company, and the very best building that can be had will be erected. It will require plenty of space and excellent light. It has been apparent for arueng furniture men of the South that the annual exhibit must come, and it. seems to be the universal opinion that High Point is the place. Tt will mean much to the furniture business of he South. ONE THOUSAND DOLLARB SUBSCRIBED IN ONE DAY. This Towards SIO,OOO to ba Used to Erect the Pollen Memorial Building at the v A and M- That the people of Raleigh are viewing with great favor the plan for a Pullen Memorial Building at the A. and M. Col lege is shown by the amount of the sub scriptions made yesterday. During the day SI,OOO of the SIO,OOO ad ditional to the State fund which is desired had been subscribed by the following: The News and Observer, $100; W. C. Riddick. $100; Chas. B. Parks, $100: F. E. Phelps. $100; H. M. Wilson, $100: The Raleigh Times, SSO; G, T. Winston, $100: W. F. Massey, $100; R. E. L. Yates, SSO; I W. A. Withers, SIOO. Pledges .for the memorial building will be gladly received by Dr. Winston. To many of our citizens it will be a pleasure to aid in the erection of so worthy a memorial to the memory of so worthy a citizen. TO EXPLORE THE BOTTOM OF THE PASQUOTANK RIVER Submarine lighting Apparatus Bent to Eliza beth City to Aid in Search For Miss Cropsey's Body (By the Associated Press.) Elizabeth City, N. C., Dec. 19.—A sub marine lighting apparatus has just ar rived from New York to be used in searching for the body of Nell Cfopsey, who mysteriously disappeared November 20. Andrew G. Cropsey, of New York, uncle of the missing girl, sent it. Tbp electric light apparatus will be em ployed in exploring the river bottom. FOURTEEN HOUSES BURNED Charleston Has a Thirty Thousand Dollar Fire. Insurance Two Thirds. (By the Assocated Press.) Charleston, S. C. Dec. 19.—Fire today destroyed fourteen buildings in the upper part of the city. They were mostly frame structures and the loss is about $30,600. Among the places burned were several street show 3, which had recently opened here for the exposition period. The loss is about two-thirds covered by insurance. Payne Says He Wont Succeed Hanna (By the Assocated Press.) Milwaukee, Dec. 19. —Henry C. Payne, the new appointed Postmaster General, arrived in Milwaukee tonight. In regard to a statement that he was to succeed Senator Hanna as the head of the Repub lican party, Mr. Payne said: “There ia nothing whatever in that statement.’’ 101 RISTpANUTi Nearly Fifty Ihousand Bush els Coasted. * he Suffolk Peanut Compan/s Storage Ware house is Consumed While a Snow Storm is Raging. (Special to News and Observer ) Suffolk, Va., Dec. 20. —’Nearly fifty thou sand bushels of peanuts roasting at 4 >’clock this morning in tho midst of a now storm, made a scene rad scent the ike of which had never been experienced jy anybody here. The Suffolk Peanut Jompany’s principal storage* warehouse ,vas blazing, and millions of white peanut mils burned to the lightness of cinder.-;, vere drawn skyward in ihe draught, pud by the glare of The conflagration they ould be seen meeting and melting my iads of falling flakes. The loss is $33.- 503: insurance $28,500. The origin of the ire is unknown. THREE NEGROES HANGED two Meet Death at Birmingham and One at Bristol. (Bv the Assocated Press.) Birmingham, Ala., Dec. 20.—Will Red ding and Jim Hinton, alias Jim Wintou. negroes, were hanged here today in the jail yard. Jim Winton cut the throat ot his wife because she refused to leave him. Will Redding, in a fit of jealousy, shot and killed Annie Green, his sweetheart, some months ago. Bristol, Va., Dec. 20.—Cicero Harris, colored, was hanged in the Virginia court house yard at 10.57. The body was sent to the University of Virginia Medical De partment at Charlottesville. Cicero Harris killed Samuel Ware, also colored, on September 28th last. Prominent Man Killed by Negro (By the .Associated Press.) Bluefleld, W. Va.. Dec. 20.—Dayton H. Miller, secretary and treasurer of the Crowe’s Nest Coal and Coke Company, was shot and killed this afternoon bv a negro at Tom’s Creek, Va! The murder has created considerable excitement and the negro may he lynched. Adjourn for the Holidays. (By the Assocated Press.) Richmond, Va., Dec. 20.—The Constitu tional Convention adjourned at H:n. |. m., this morning until noon, Januarv 1 If 02. The General Assembly also adjourned today until the l»th of February. Gea. Toon Improves. General T. F. Toc.n, the Superintend ent. of Public Instruction, is improving daily and his condition yesterday vas very favorable. Attorney General Gilmer has been Jo bed nearly ten weeks with typhoid fever and his recovery is slow, though he is getting along very well. At Helena. Ark., fire destroyed the Non railed Hotel, King’s drug store and t residence, entailing a loss of $75,C00, rar l tally insured. Mr. French Strange, a promientu citizen of Atlanta and a native of North Carolina, died suddenly In that, city Wednesday af ternoon. Mr. Strange formerly lived in Fayetteville and he married a daughter of R. J. Horton, Esq., of Pittsboro, who survives him. LtMLY AND HANNA SUBMIT A REPORT Court Justified in Rejecting Schley’s Evidence. THIS IS THE CLAIM MADE « \ First Report Declared Unanimous Re port of Court. LONG WILL TAKE SOME ACTION TODAY He Intimates That so Far as tho Department is Concerned the Entire Schley-Samp- Son Controversy Will be Then Disposed Os. (By the Assocated Press.) Washington, Dec. 20. —Judge Advocate Leraly and Solicitor Hanna, today, sub mitted to Secretary Long their report upon the bill of objections filed by Admiral Schley, through his counsel, to the find ing of the Schley Court of Inquiry. In substance this report is an argument supplementary to the argument made by the writers before the Court of Inquiry. The principal points are an insistence upon their contention that the first re port is the unanimous report of the Court of Inquiry; that the court was justified in rejecting Admiral Schley's evidence by the number of witnesses who took issue with him and that there is noi sufficient reason for a re-opening of the case as requested by Admiral Schley. If adopted, the report will be forwarded to Admiral Schley. The report, as appears from its testi mony, is solely that of Judge Advocate Lemly and Solicitor Hanna, and as such it was laid before Secretary Long. The Secretary stated that he would not act upon the report todav. He added that he would withhold action today on the other matters pending connected with this is sue namely Admiral Sampson’s appeal, Admiral Schley's request to be allowed to be heard by argument on the appeal, and the findings of the Court of |nquity itself. There was an intimation, how ever, that all of these matters would receive attention tomorrow and would be finally disposed far as the depart ment is concerned. The report is us follows: December 20th, 1901.. Sir:—The communication, dated the 18tli instant, signed by Rear Admiral W. S. Schley and Isidor Raynor, and James Parker, his counsel, objecting to the a >- ppoval of the findings of the Court of Inquiry in the case of Herr Admiral Schley and asking particularly that what the signers are pleased to term “The opinion of the majority of the court, he remitted to the court for further consid eration. has been received by the depart ment’s reference and is returned with the following statement: It is somewhat difficult to deal with this paper on account of its general and 'tion-specific character, and sweeping though unsupported assertion of opinion by the applicant and his counsel, that. In their judgment, the adverse finding of the court is not justified by the evi dence. The paper might be dismissed as simply a not unexpected grpression n f dis satisfaction with an adverse judgment, but for the fact that it contains a num ber of misstatements and, particularly, has woven throughout its entire structure an 'lnaccurate and misted'cllng’ use of the words ‘majority of the L-mtrt.’ The findings of fact and the opinion cf the court of inquiry in the case of Ad miral Schley upon the more important and material points before it were not reached by a majority of the members only, but by the entire court. The points of the precept upon which all the mem bers of the court unite appear to be in controvertibly established -by the evi dence; if is not understood how any other conclusions could have bpeu reached upon them: 'and they constitute the essential features of the entire matter under in quiry- Tin* evidence adduced before the court conclusively shows: Under the Ith clause of the precept' That on the 26 of May, 1898, when with in a few miles of Santiago, to which point he was under orders to proceed with the utmost dispatch, and where he was advised that the enemy’s fleet was reported to be, and where in fact it ac tually was, Commodore Schley turned about with the fleet under his command, consisting of some of the best vessels of the American navy, and headed for a home port, more than seven hundred miles distant, without sufficient reason or excuse for such action, taking with him at. the same time the scouting 'Vessels the department had sent there tp watch the entrance, and leaving the port of Sautiago, with the enemy's fle*>f inside, unguarded. Upon this point the court says in its opinion: “He .should not have made the retro grade turn westward with his squadron.” In the face of the facts the court could not have found otherwise. Under thr. sth clause of the precept: That while thus abandoning the field of action with his fleer. Commodore Schley was overtaken by a dispatch vessel bear ing an urgent order, dated May 25th. from the department, in substance di recting him to proceed to Santiago, as cot tain facts, report, and not. fcufter the enemy to escape; that., nevertheless, he continued to retreat with bis squadron, telegraphing to the Secretary of the Navy: “It its to bo regretted that tho depart ment’s orders cannot be obeyed.” The < < curt found that he “should have prompt ly obeyed the Navy Department’s orders of May 25th.’ Disobedience of an ini- ' portent order in time of war having been thus virtually confessed, no other find ings by the court was possible. Under the 6th clause of the precept: Commodore Schley’s explanation of the retrograde movement and of his disobed ience o? orders as made at the time in a full telegram to the department an the subject was, in substance, shortage of coal and inability to coal the ships of his squadron from the collier. Evidence developed before the eourt shows that the squadron was at the time Veil equip ped with coal, and that coal had been and could be readily taken from the col lier. There was nothing for the court but to and as it did that Commodore Schley’s official reports regarding the coal supply and the coaling facilities of the Flying Squadron were “inaccurate and misleading.” An attempt to Justify by inaccurate and misleading official re port* the turning homeward of a power- I ful squadron at a critical period of war | in disobedience of orders is a very seii ous matter. Under the 7th clause of the precept: The evidence adduced before the court shows that during the whole of the 29th and 30th of May the Cristobal Colon and other vessels of the Spanish squadron, “lay in the entrance to l&ntiago harbor, the Colon moored in plain sight, broad- I side to the entrance, that this harbor tv:** defended by weak batteries, and there ! was nothing to prevent the Flying Squad ion from destroying the Colon and per haps other of the enemy’s vessels as they lay at anchor; that no effort whatever was made to do so on the 29th or cn ihe 30th of May; and that the attempt made on the 31st, was brief and abortive. It is complained in paragraph 16 of the paper above mentioned, that certain cau tionary orders issued by the department were not “in the slightest degree’’ re ferred to by the court. These cautionary orders were intro duced in evidence, and fully discussed in argument. We contended that, quite ob viously, they had no application to the conditions existing at Santiago on the 29th, 30th and 31st of May, and the find j ing of the eourt, that Commodore Sclilev “should have endeavored to capture or destroy the Spanish vessels at anchor near the entrance of Santiago harbor on May 29th and 30th,” and that “he dill not do his utmost with the force under bis command to capture or destroy the Colon or vessels of the enemy which he attacked on May 31st.” Show that the court reaphed such conclusion. It may very properly be added that the claim of the applicant and counsel that the affair of May 31st was intended merely as a reconnoissance, is not borne out by the evidence, for while testi mony was Introduced to show that it was ! so designated by Commodore Schley in conversation with a naval cadet anil with a newspaper correspondent prior to entering upon it, none of the command ing officers of the vessels engaged was so advised, and no instructions were given j relative to the takin of notes of the en ! aemen'. The cominandin officers were, on the contrary, informed, in effect, that the purpose was to destroy the Colon, and tbe officers in cjiarpe of the turrets of the Massachusetts were instructed a> oordinly by the Commodore tn pers »n. Undqr the 9th clause of the precept: The evidence adduced before the court, from the bridge, and front the engim* Iroom, showing that the Texas was stop ped and backed “to avoid possible col lision” Brooklyn is indisputable. That danger and delay to the Texas and loss of distance and position by the Brooklyn were the immediate results of tho libop executed by the latter vessel, is too clearly shown to admit of doubt, rnd the finding of the court upon this point is fully sustained by the evidence. I Under tho 10th clause of the precept: ;It was established by the introduction before the court of the original letters themselves that Rear Admiral Schley ob tained from Lieutenant Commander Hodgson, a junior officer who had served under him, a categoorical statement that a “colloquy” reported in the public press to have taken place o nthe bridge of the "Brooklyn,” July 3rd, between himself and Commodore Schley, “never occurred,” although Mr. Hodgson had assured the Admiral that the facts as were “substantially correct.” that the Admiral gave out for publication the categorical denial thus obtained, but did not pub lish an accompanying explanatory an 1 qualifying letter! and that, subsequently, although repeatedly appealed to by Mr. Hodgson. Admiral Schley failed to do justice in the matter, j All members of the court agree in find ing that Admiral Schley “did no justice to Lieutenant. Commander Hodgson in publishing only a portion of the corres pondence w'hich passed between them.” Upon the points above set forth, which appear to embrace substantially the im portant matters covered by the inquiry, the court is united, and its findings are unanimous; they are sustained by the unimpeached and unimpeachable testi mony of Commodore Schley’s brother officers, who served Avith and under him, by official telegrams, letters, and re ports, by the logs of the several vessels of his squadron, and it. would accordingly be idle to remit these matters to the same body for reconsideration upon the same evidence. The court is a unit upon all points, j except, that as to which the admiral ex pressed individual, but not ]n ail cases contradictory, views, ft does not appear that any good purpose will be served by : asking the court to reconsider these, j Aside from Ifre “inaccurate and mis leading” use of the term, “the majority of the court" the next prominent feature of the paper before us i.s the broad and sweeping fashion in which the applicant and Ills counsel declare that the court has "ignorodlV or not. "considered’’ evi dence. A sample sentence is the follow ing from paragraph 27, although the pa per is largely made up of such remarka ble statement*: I “The majority of the court have ro j (Continued on Second rage.) 444-4 ♦♦♦♦♦♦♦♦ 4444444* ♦♦ 4 THE WEATHER TO-DAY J 4 For Raleigh: | Fair; Colder. 4444 *4444444 444444*4444 PRICE FIVE CENTS HOLIDAY TRADE IS AT ITS MAXIMUM Conditions in General Busi ness Active. THE CAR QUESTION AGAIN Severe Storms Have Made it More \ Complicated COTTON CHANGES LITTLE IN PRICES Dun Says That if the Official Estimate of the Current Crop is Accurate Presort Prices Are Cheap. Two Cents Ba fcw Last Year's. (By the Assocated Press.) New York. Dec. 20.—R. O. Dun & Co’s, weekly Review of Trade tomorrow will say: “Holiday trade reached its maximum this week, nearly all sections of the coun try reporting exceptional distribution. While the class of goods especially stim ulated by Christmas demand occupied the position of greatest prominence, general merchandise was not far behind in ac tivity. Transporting interests were just beginning to overcome corgeflteJ condi tions when severe storms made tho situa tion more complicated than before. In many industries it iB not a question of nding buyers, but. securing the privilege os postponing deliveries beyond the date originally specified. “Retarded shipments caused higher prices for prompt delivery of pig iron and steel products at western cities, but con servatism still marks the course of pro ducers regarding contracts for the future. In a few cases the enlarged capacity makes It possible to promise concessions or. future business. Pig iron has risen slightly oh account of tho abort fuel sup ply and injury to furnaces by the storm. Despite the present unpnralled demand, prices are 33 per cent lower than during the Inflation of 1900. f “In cotton goods there is much busi ness ottered but sellers are unwilling to accept large contracts for future deliv ery while the raw material markets re main unsettled. Print cloths are un changed for regulars with narrow odds firm and cotton yarns generally higher. Last week’s gains in these lines are fully maintained. “In the grain market which baa h