The Weather Today: FAIR. The News and Observe.. VOL. LI. NO. 100. Leads all Morth Carolina Bailies in Mews andOirenlation SCHLEY CARRIES HIS CASE TO THE PRESIDENT To Appeal From Majority De cision of the Court of Inquiry. HIS REQUEST GRANTED Roosevelt Will Consider the Appeal #nd Work Upon It is to Begin. IT WILL CONTAIN MUCH NEW MATfER This Has an Important Bearing Upon the Con troversy. The Document Will not Reach the President Until After the Twentieth Instant. (By the Associated Press.) Washington, Jan. 7. —The object of Ad miral Schley’s visit to the White House yesterday was to request the President to entertain and consider an appeal for the reversal of the action of Secretary Long and the disapproval of the majority judgment of the court of inquiry. The interview was satisfactory, the Presi dent granting the Admiral's request. Messrs. Rayner and Teague today will as sist Admiral Schley in the preparation of the appeal. The interview with the President was arranged in advance, and at its conclu sion Admiral Schley left the White House in a satisfactory state of mind. He had been given a full opportunity to present the case from his standpoint and to ac quaint the President with many details of which the latter could not have any knowledge. While Admiral Schley would not make any statement regarding the matters discussed, holding that an inter view between a naval officer and his com mander-in-chief should be regarded as confidential. it is understood that they brought to the President’s attention many of the alleged injustices and discrepan cies of the majority report of the court of inquiry. Admiral .Schley’s interview with the President was the result of his determi nation to exhaust every means in his power to overturn tic 1 judgment which has been rendered against him. TPs new appeal will be diAerent\from that submit & ted to the Navy Department, bringing out some new facts which have an important bearing upon the controversy. Messrs. Raynor and Teague, counsel for Rear-Admiral Schley, came over from Baltimore and were closeted for several hours with their client. The following slatement was given out by Admiral Schley's counsel at the conclusion of the conference: “Admiral Schley has concluded, after mature and careful deliberation, to ap peal from thp majority decision of the court of inquiry to the President of the United States as commander-in-chief of the army and the navy. This action hav ing been determined upon, nothing more can bo divulged at. this time, the regula tions of the navy being such that the l text of the proposed appeal cannot be revealed except by Ihe President, after the formal documents have been filed with him.” Mr. Rayner stated that it will take some time to prepare the appeal and that it will not be filed with the Presi dent until after the return of Admiral Schley from his visit to Savannah, about the 20th instant. MORGAN AFTER THE RAILROADS Resolution to Inquire Into Alleged Relations Between Them and Panama Canal Co* (By the Associated Press.) Washington, Jan. 7. —The first of the contests between the Nicaragua and Pan ama routes for the Isthmian canal w'ere heard in the Senate today. After an hour had been spent in purely routine busi ness. Mr. Morgan offered and secured the admission of a resolution which indi cated his purpose to have the Commit tee on Inter-Oceanic Canals inquire into the relations Alleged to exist between the trans-continental railroad companies of the United Slates and Canada and the Panama Canal Company. The resolution reads: “That the Committee on Inter-Oceanic Canals has leave to sit during the ses sions of the Senate to execute the roso lution of the Senate passed on the 21st of May, 1900, which is hereby continued in force and that said committee is further empowered to make inquiry and report with reference to any agreements or con cert of action between any railroad com panies in the United States or in Can ada or Panama or of any American line of ships to control transportation, or ihe rates thereof, for cargoes or pas sengers passing across the Isthmus of Panama, and in regard to any matter re ferred to said committee by order of the Senate.” In answer to inquiries as to the scope of the resolution Mr. Morgan explained that he understood certain contracts be tween railroads of this country and Canada and the Canal Company existed looking to the diversion of freight. “It is the most wicked monopoly that ever existed,” declared Mr. Morgan, “and already has cost the people of the Paci fic coast millions of dollars.” The Senate adjourned until tomorrow. CLABH WITH BUSBIANS. Sailors of the Vicksburg and Muscovite Sol diers Fight (By the Associated Press.) Washington, Jan. 7.—A serious clash has occurred between American sailors of the U. S. S. Vicksburg, and the Rus sian soldiery at Nieuchang, China. There have been three fights and as a result one Russian soldier is reported wounded. The master was made the subject of complaint by the Russian Ambassador in Pekin to United States Minister Conger, and Mr. Conger in turn has informed the State Department. Secretary of the Navy Long has cabled Commander Barry, of the Vicksburg to use every effort to prevent further collisions. The Vicksburg is in winter quarters in a mud dock at the mouth of the river and cannot be released before spring. ESCAPED FROM LYNCHERS. Negro Covared With Blood and Bruises Ap pears at Tampa (By the Associated Press.) Tampa. Fla.. Jan. 7.—John Miller, a negro, covered with blood and bruises, walked into police headquarters today and stated an attempt to lynch him had been made at Port Tampa City, eight miles below hire, last night. Several houses were burned there and Mills says a crowd of white men. many of whom he knew, placed a rope around his neck and took him out into the woods where they fried to hang him. He managed to escape and was Hocked up for safe keep ing. INTERESTS EX-CONFEDERATES- May Receive Pay for Horses, etc , Taken in Violation Terms of Surrender (By the Associated Press.) Washington, Jan. 7. —A bill of much in terest. to ex-Confederate soldiers today was favorably acted upon by the House Committee on War Claims. It provides for paying former Confederate soldiers for horses, bridles, saddle ar.d side arms, ta ken from them in violation of the terms of surrender made by Generals Lee and Johnson with Generals Grant and Sher man. The bill was introduced by Rep resentative Pailgett, of Tennessee. A LYNCHING FEARED Capital Citp Guard Holds Istelf Ready to De fend Mathis (By the Associated Press.) Jackson. Miss., Jan. 7.—Governor Lon gino has ordered the Capital City Guard of this city to hold themselves in readi ness to go to Oxford. The sheriff there is apprehensive that a mob .will tonight try to lynch Will Mathis, Orlander Tyler, Will Jackson and Whit Owens, in jail there. Three of these men have recently been convicted of the murder of the two Montgomerys. To Die for Killing His Mistress. (By the Associated Press.) Newport News, Va., Jan. 7.—William O'Boyle was sentenced by Judge Bar ham, of the Corporation, Court here to day to be hanged February 28th., for the murder of his mistress, Alma Ham ilton. The crime was committed in July 189 S. This is the second death sen tence passed upon O'Boyle. The preliminary hearing of Attorney. C. Aylett Ashby on the charge of shoot ing City Engineer Maryi\ who died last night from the effect of the wound in dicted by Ashby was continued tint if January 14. Mr. Ashby was released on $20,000 bail. Capt. King to Have a New Trial. (By the Associated Press.) New Orleans, La., Jan. 7.—Captain Cy ril W. King, the United States volunteer army officer and assistant quartermaster under sentence at Mobile for accepting bribes in connection with the erection of barracks at Fort Morgan, near Mo bile, was granted a new trial by the United States Circuit Court of Appeals, sitting at New Orleans Onlay. The Legislature Convenes. (By the Associated Press.) Jackson, Miss., Jan. 7.—Mississippi Legislature convened here today in bien nial session. The message of Governor Longino urges the home of Jefferson Davis as a suitable location for a sol diers’ home. A liberal apropriation for a State exhibit at the Louisiana Pur chase Exposition to be held in St. Louis in 1908 is also advocated. The Liberty Bell. (By the Associated Press.) Roanoke. Va., Jan. 7.—The Liberty Bell arrived in Roanoke at 8:33 o’clock this morning, over the Shenandoah Valley railroad. The engine was changed and in 13 minutes the train pulled out for the west over the Norfolk and Western main line. 1 here was only a small crowd to see the relic and all those on the train except the policemen seemed to be asleep. Two New Corporations. The Snecd-Markhani-Pearson Company, of Durham, wav incorporated yesterdaj wdh -capital stock, to conduct a nr reartM" .store. Robertson, Newton A. Co., a mercantile firm of Tarboro, was incorporated with $20,000 capital. The incorporators an Robert Slaton. W. O. Howard, J. K Newton and E. L. Roberson. RALEIGH. NORTH CAROLINA. WEDNESDAY MORNING. -JANUARY 8. 1902. TO HACK BERNARD AGAINST SKINNER Marion Butler’s Voice is For War. IWILLWIN, SAYS BERNARD No Other New Developments in Fight For Attorneyship. J. C. DANCY CALLS ON THE PRESIDENT * He Won’t ba Appointed Recorder Until a Suc cessor For Him asCollec or is Decid d On. This Waits During Prit chird’s Absence • (Special to News and Observer.) Washington, D. C., Jan. 7.—Ex-Senator Marion Butler arrived here today. It was understood that he came here to fight Skinner's appointment as District Attorney. He is not so much for Ber nard as he is against Skinner, though he will back Bernard. The Ex-Senator went to New York this afternoon, but it is the understanding that he will return here in a day or two and remain “for the war.” In the meantime there are no de velopments in the district attorneyship fight. * Senator Pritchard is still at home with his sick wife. Bernard is here and says he will win. John C. Dancy, the negro collector of the port of Wilmington, who is slated for recorder of deeds of the District of Columbia called on the President today. He will not be appointed until a succes sor to him as collector has been decided upon and this matter waits during Pritch ard's absence. * * • Both the North Carolina Senators have the illness of their wives. Senator Sim been kept away from Washington by mons has taken his wife to a sanitarium at Harrisburg, Pa-, where he can easily go on Sundays to be with her. Mr. B. F. Keith, of Wilmington, an applicant for the position of Collector of Customs, is here with the endorse ment of about 100 businoess men of Wil minngtbn. He hopes to get Senator Pritchard’s O- K. mark-/ «. * i* * The creation of another Assistant Postmaster Generalship, to have charge of the free city and rural delivery ser vice, is contemplated in a bill shortly to be introduced in the House by Represen tative Watson, of Indiana- The propos ed legislation is the result of the vast growth of the rural free delivery service tliroughoout the country, which, with the free delivery service, which comprises involve an aggregate cost of over $30,- 000,000 during th<‘ next fiscal year. Tie free delivery service, hich comprises both the city and rural delivery, now has about 375 employes, distributed among a number of divisions. The new officer if the bill passes, will be the Fifth As sistant Postmaster General, whose chief assistant will be a chief clerk. * * * There isn't much contentment in the grab-game as played here. When the late Senator Sewell, of New Jersey, can'*' to North Carolina in tHe vain search for health. Sedator Depew was convinced that he would die. As Senator Sewell had a good seat in the Senate Chamber, and Senator Depew a poor one, the New- Yorker filed a claim for the seat of the New Jersey Senator, and then went away to get married. Isn't there* some thing uncanny in this applying for a dead man’s shoes before he dies? The Republicans of the House will shortly hold a caucus to determine the party attitude with reference to the bills of Crumpacker. Moody and Olmstead wtih reference to Southern representa tion. If the House should pass either of these bills, an improbable thing, the Senate would certainly kill it Confer on Suffrage Uuestion. (By the Associated Press.) Richmond, Va., Jan. 7. —The Constitu*- tional convention today defeated Judge Marshall's proposition that the conven tion take up the suffrage matter on Jan. 13th and that a vote bo taken on all pending propositions on Thursday, Jan uary 23. The majority agpinst the mo tion was large. The report of the judiciary committee was amended so as to provide that cir cuit and city judges shall receive a sala ry of not less than $2,000 a year. The Democratic conferences on the suf frage question have been resumed, and last night,' aftci hearing argument by Dr. Mellwaine in favor of Delegate Mon cure’s plan it was determined to hold meetings on each Monday, Wednesday and Fridav night until the important mat ter is finally disposi'd of. Buifc’s Creek Academy. (Special to News and Observer.) Buie’s Creek, N. C., Jan. 7. —School has opened for the spring term and brings us more than fifty new students, making •qorc i han 325 for the year, representing for tin* year more than forty counties and five states. There are about twenty ministerial students. There is a large and enthusiastic class in the Business Department and most excellent work is being done. IHE PANAMA ROUTE HASFEW FRIENDS Debate on Nicaragua Canal Bill O^ens. / HEPBURN ARGUES FOR IT Are Trar.s-Continental Lines Scheming to Delay ? THE PANAMA CANAL COMPANY’S OFFER. A Suspicion That the Railroads Are Behind It. Morgan Voices His Hostility to the Company in the Strongest Terms (By the Associated Press.) » Washington, Jan. 7. —The debate on the Nicaragua Car.al bill in the House was : opened in lively fashion today by Mr. | Hepburn, Chairman of the Inter-State and Foreign Commerce Committee which reported the bill. For two hours he held the floor replying to a volley of questions . concerning the recent offer of the Pana- j ma Canal Company to sell its property and franchise to the United States for *40.000,000. | The interest in the debate centered al- ; most entirely in this new phase of the subject. Mr. Hepburn maintained that the alleged new offer of the Panama Company was part of the plan of delay and all his utterances along that line were liberally applauded. He pointed out what he caimed was the suspicious cir cumstance that the Panama Company held out for $109,000,000 until it was de cided before the holiday recess to* con sider the Nicaragua bill and then sud denly dropped the* price to $40,000,000. Mr. Morris (Minnesota) said that the proper time he would offer an amend- j ment to authorize the President if he I could procure the property and rights of the Panama Company for $40,000,000 to purchase and proceed to complete the : Panama Canal. Mr. Hepburn in his remarks said the I report of the Walker Commission gave careful consideration to every feature of the work. The bill submitted by his com- i mittee proposed to concentrate all au- i thority in the hands of the President. It opened no opportunity for defunct states- j men or the pensioning of persons who . had been passed in the race of life. It I gave the United States the authority to ; protect, defend and operate the canal. In view of all the reports submitted Mr. j Hepburn said there could now be no j question in the mind of any well inform- ; ed man of the feasibility of an inter ocean canal. There was not an atom of work in general engineering, said he, yet to be done. In favor of the feasibility ana practicability no enterprise that had ever received the attention of man had j been so conclusively proved. If the pend- I ing bill became a law the work could be- | gin at once and should be* completed in eight years. Mr. Hepburn said that as a commer cial venture the commissions figures of i 7,000,000 tons could be safely taken. At the latter figure the total revenue at the Suez rate would be $14,000,000, enough , to meet the cost of maintenance (3,500,- I 000) and leave over $10,000,000 to meet interest charges if there were such. Mr. Hepburn pointed out the advant ages of the Nicaragua route for sailing ! vessels on account of the better winds prevailing there contending in this con nection that it was a mistake to suppose that the sailing ship was destined to dis appear from the ocean. Where the Pan ama route was located sailing ships j sometimes lay for five months in the i doldrums. When Mr. Hepburn said he j had hoped that the proposed waterway J would be free of charge to American ships there was an outburst of applause on the Republican side. If that might be done, I he said, it would give a great impetus to American shipping. In concluding Mr. Hepburn said there might be some interests in the United States which believed they would be harmed by the rivalry of this canal and who thought the time was not ripe tr the building for the canal or that an en terprise of such magnitude should not be undertaken. They were perhaps terrified by the spectre of scandal. “But.’’ he con cluded. “I insist that the American people have made their decree that the canal shall be built and that, now is the time to build it.” (Applause.) Mr. McDermott, New Jersey, called to the statement in the report of the Walk er commission giving the cost of the Panama Canal property as $109,000,000 and the newspaper reports that the com pany now offered to sell the property for $40,000,000. If the latter report were true the Panama Canal would cost less than the Nicaragua and he asked if Mr. Hep burn did not believe with equal cost that the commission would have reported in favor of the Panama. Mr. Hepburn replied that the commis sion had stated the respectives advant ages of both routes under conditions then existing. lie could not tell what the commission would have reported under other circumstances. “Any gentleman who absorbs the commission’s report,” said ho, “and weighs it must believe that (he things being equal the canal that is 400 miles nearer our territory, that makes New Orleans 480 miles nearer San Fran cisco and New York 375 miles nearer than the other is the better canal for us.” “if we build the Nicaragua Canal,” • asked Mr. Sims, (Tenn ), “is it not likely that the French Government will com plete the Panama canal?” “There is the same probability of two canals,” answered Mr. Hepburn, “that there is of ihe Suez canal being paralleled by navigland.” In reply to another as to the advisabil ity of giving the President the authority to build on either route, Mr. Hepburn again caused an outburst of applause by declaring that lie looked upon any at tempt to entagle the United States in the Panama enterprise as an effort to de feat any canal. Mr. Reeves, fill.), asked whether It would not be better to wait a few days or weeks until the Secretary of State could inform Congress just what we could obtain in the way of concessions from Nicaragua. “In au enterprise of this magnitude,” replied Mr. lltpburn, “there never has been and never will be a day when some gentlemean will not be able to urge some reason for postponement.” (Applause). “We have been suffering from that for years. 1 am assured by those who know* that the protocol with Nicaragua has reached such a stage that we are cer tain to get what we want.” (Applause). Replying to Mr. Cannon’s inquiries as to the conditions of the protocol with Nicaragua Mr. Hepburn stated his under standing was that $5,000,000 and $1,000,- 000 were about the figures allowed Nica ragua and Costa Rica. Mr. Cannon closed the colloquy with Mr. Hepburn by stating that while he ; had always favored the canal he was satisfied the precipitate passage of this bill sacrificed advantages which the Uni ted States now possessed and meant a heavy increase in cost which would have ; to come out of the Treasury. Mr. Davis, (Fla.), a member of tlie I committee which reported the bill fol lowed Mr Hepburn with an earnest plea for it spassage. He advocated the Nica j tagua rather than the Panama route and ! insisted that the time had now arrived when talk should cease and work begin. I “We need this canal." said Mr. Davis, “for the convenience aud the expansion of our commerce: we need it for the proper handling of our navy, foe bring ing nearer together our eastern and wes tern shores, for the protection of our island possessions and for easy access to them. The American farmer needs it, that foreign markets may be opened up for the product of his toil; the merchant and manufacturer, that they may compete j with rivals in other lands.” Mr. Richardson, (Ala.), also supported * the bill, arguing that the Nicaraguan was preferable in many ways to the Panama route. Mr. Mann, ( Hl)* declared I that the experts who had examined the j routes had differed widely. No two com missions ever had agreed either upon th« cost or route and it was therefore with seme hesitancy that he accepted uu- I reservedly the report of the latest com mission. Mr. Mann pointed out that the estimates of the various commissions ap ! pointed to inspect the Nicaragua route I lan from $31,000,000 to $184,000,000. He said that the contractors ho built the Chicago Drainage Canal on the basis of the estimates made fortunes in j profits. j Mr. Adams (Pennsylvania) who oppos j ed a similar bill at the last session on | account of the existence of the Clayton j Buler Treaty, thought the offer of the Panama commission should receive care ful consideration. If the ecst of two routes were substantial he contended Panama was preferable. At the conclusion of Mr. Adams’ re ports Mr- Morris (Minnesota) said that i the proper time would offer the follow ing amendment: “Provided, however, that if the Pana ma Canal, so far as constructed and the ! property, rights, privileges, and fran chises of all the corporal ions or persons interested therein can be acquired by the j United States, free and clar of all in | eumbrances for a sum not exceeding $40,000,000 and in addition thereto equal ly desirable political and territorial rights and privileges as in case of the j Nicaragua route and at no greater ex pense hen six months from the passage of thjp act then the President if the Isthmain Canal Commission or a major ity thereof shall so recommend is here by authorized to purchase the same and Ito complete the construction of said | Panama Canal, subject to all the condi | tions, provisions and limitations afore i said. And the sum of $50,000,000 is here by appropriated out of an.v money in the j treasury not otherwise apropriated to -1 ward the project herein contemplated.” The House then adjoournend. Hooker’s Resolution Thankiog Schley, (By the Associate Press.) Washington, Jan. 7. —Representative Hooker, of Mississippi, today indtroduced a joint resolution reciting that Commo dore Schley was the senior officer in command at Ihe battle of Santiago; that he was in absolute command at that bot tle and is "entitled to the credit due to such commanding officer for tin* glorious victory which resulted in the total de struction of tlie Spanish ships. The resolution provides for the thanks of Congress to Admiral Schley and the officers and men under his command. An Insurance Banquet. As a pleasant social gathering. Mr- X. E. Bradford, the resident superintendent of the Life Insurance Company of Vir ginia will tonight give a banquet to the local representatives of his company. The banquet will be served at Dorsett’s Hotel and will be enjoyed by the repre sentatives and their famiies. The South Carolina I). A. R., through Mrs. W. H. Richardson, State Regent, have invited the delegates to the annual convention, which meets at Washington on February 22, to visit Charleston on February 27. This invitation has been accepted by. a large number of delegates. Admiral Schley aud Lieutenant Hobson have been invited and will be present. PRICE FIVE CENTS. DIED IH AH EFFORT TO SAVE THE TRAIN Flagman Could not Prevent Collision. BLINDFOLDED BY IHE FOG The Engine Rushed Over Him to Ft ar* ful Disaster. TWO OTHERS MET THEIR DEATH THERE. Both Engines Were Bacly Crushed in the lin pac\ and Two Cars Caught Fire ar.d Were Destroyed. No Pas senger Injured. (By the Associated Press.) •Roanoke, Va., Jari. 7. —There was a head on collision on the Kcnova division of the Norfolk and Western Railroad at 7 o’clock this morning, in which Hugh Smith, an express messenger, and bag gage master of this city and Flagman John Turner, of Bluefleld, W. Va., were * killed. The collision occurred near Alnwick, W. Va.. between train No. 4, a passenger train eastbound, and an extra westbound freight train. The passenger train was on time and the freight was delayed. The freight train sent Flagman Turner ahead to hold the passenger train at Alnwick, but owing to the heavy fog the engineer of the passenger train did not see him and the flagman in his efforts to be seen got on the track in front of the train, was run over and killed. The two trains came into collision just east of Alnwick. Both engines were bad ly damaged. The express car was crushed and Mes senger Smithi killed. • Engineer Bailey, of the passenger train was seriously hurt and Conductor Moran of the same train slightly injured by being cut with broken glass. Engineer Kipps of the freight train was slightly hurt, but his fireman was unin jured. The express car and the com bination express and baggage car caught fire and vere destroyed, nothing being saved except lwo trunks. Tht* body of Messenger Smith was badly burned be fore it was rescued from the flames. None of the passengers were injured. Later.—Engineer Bailey, of the pas senger train whose home was at Blue field. died this evening from his injuries, making the number of dead three. It was not thought at first that Engineer Bailey's injuries would prove fatal. PERRY BELMONT DEFEATED. Lessler. the Republican Candidate Elected by 394 Votes (By the Associated Press.) New York, Jan. 7.—Montague Lessler, Republican, was elected to Congress in the Seventh district today to succeed Nicholas Muller, Democrat, resigned. He beat Perry Belmont, tho regular Demo cratic candidate, by 394 voles, the count showing these figures: Lessler, 7,677: Belmont, 7,283. The rest of the vote was: Ward, Social Democrat, 107; Lindinger, Independent Democrat, 135; Belmont. Greater New York Democracy, 182. The Seventh Congressional district is * made up of Richmond borough (Staten Island) an l thirty election districts in the extreme lower end of this city. There were five candidates in the field—Perry Belmont, Democrat; Montague Lessler, Republican: Christopher Ward, Social Democrat; Fritz Lindinger, Independent Democrat, and John E. Rennet, Greater New York Democracy. Belmont and Lcss ler were the chief candidates, Lnwevor. There was a contest over the Demo cratic nomination between Mr Blmom and Jos. F. O'Grady, each of whom de clared himself to be the regularly chosen nominee. Justice Scp:.r, oT the Supreme Court, decided in favor of Belmint, and O'Grady and Lindinger, who had an nounced himself an an independent Dem ocratic candidate, thereupon withdrew, Lindinger withdr w too late to have his name stricken from the official ballot. The canvas was a most Utter one, as regards the Democratic factions. Charges of free use of money v.e e frequent arid last night Superintendent of Elections McCullough announced tYui he hud dis covered a plan of wholesale colonization. During today the McCulleugh deputes made a score of arses! •*. Among them, those of Aldermen Jos. Wellington an* 1 . John Pye, a Democrat district captu'n, who were carried to court on a charge so having abetted illegal registration. Each was released in $2,000 tail until Thurs day. Geo. B. Jolliffe. chairman of the board of election inspectors, was also arrested on the charge that he had permitted four nun to vote on the names of iwo regis tered voters. Hi 3 bail was fixed at SI,OOO. TWO DAVIDSON SCHOLARSHIFB. They Have Been Endowed by B B Fetzerand Mrs- J M. Odell (By the Associated Press.) Charlotte, N. C., Jan. 7. —Two scholar ships in Davidson College, one of the leading institutions in the South, have been endowed by P. B. Fet/.er and Mrs. J. M. Odell, of Concord, N. C.