4 ♦♦♦♦♦♦♦*♦♦♦♦♦♦♦♦♦
t THE WEATHER TODAY. ♦
+ For North Carolina* ♦
X RAINS. |
VOL. LII. NO. 103.'
Leads all MoFtfa Carolina Dailies in Mews and Circulation
HICKS-BEACH GOES
OUT IS CHANCELLOR
King Edward Receives Mr.
Balfour, New Premier.
OFECIALSEALS DELIVERED
Duke Devonshire to be Government
Leader in House of Lords.
THE NEW PREMIER GIVEN AN OVATION
Mr. Balfour, in His Speech, Refers in Eulogistic
Terms to the Chief Who For Nearly
Fifty Years Was in Active
Politics.
(By the Associate 1 Press.)
July 14.—Sir Michael Hicks-
Beach has resigned as chancellor of the
exchequer. King Edward received Mr.
Balfour, the new premier, in audience
today at Buckingham Palace and deliver
ed to him the seals of his oftice and the
privy seal.
Informally announcing Lord Salis
bury’s resignation in the House of Lords
today, the Duke of Devonshire added
that his lordship had also retired from
the government leadership in the House
of Peers and desired that he. the Duke
of Devonshire, should take up taat po
sition.
The transfer of the seals of offfea from
Lord Salisbury to A. J. Balfour had no
effect whatever on the Stock exchange.
The new premier, when he entered the
conference room of the foreign if lice,
accompanied by the Duke of Devonshire,
Sir Michael Hicks-Beach. Lord London
berry and others, received quite an ova
tion. Mr. Balfour referred to the loss of
the services of the chief for nearly fifty
years had been engaged in active polit
ical life. “I have accepted a great lask
and a heavy responsibility,” he said,
“certainly from no overweening belief in
by own capacity, but because I am sure,
or at least have every reason to believe
that in attempting to carry on this work
I will have the most important qualifi
cation a loader can have, namely, regard
for and confidence in those with whom
he works. I can not now' promise myself
that I shall have the continued assist
ance of all my colleagues I grieve to
say I can not count with any assurance
on the chancellor of the exchequer's fur
ther assistance, though I can count with
absolute confidence on his good wishes in
the labors before ur.
“As for tlm question of policy £ need
hardly tell you that the policy of the
Unionist party remains now .vhat it has
always been. We have lost the services
of a brilliant advocate of our cause. We
have lost a man around whom the senti
ments and emotions of the party have for
many years crystallized. Nevertheless I
feel we would do wrong to despair, do
wrong to have even the faintest misgiv
ing in regard to the future of the cause
he has so song and so well upheld.”
Sir Michael Hicks-Beach said there
was no one whom he would have more
gladly and more readily have accepted
as leader of the party than the man he
had followed as leader for more than
seven years. But Lord SaMsbury’s re
tirement was a break with the traditions
of his past political life. Two years a*go
lie had begged for personal and not for
political reasons to be relieved from of
fice, but* he had consented at Lord Salis
bury's instance to retain it to the end of
the war.
J. Austin Chamberlain, financial s* erc
tary to the Treasury, said his Mihcr
wished him to say how greatly disap
iwinted he was that he couid not be
present to w’elcome Mr. Balfour to the'
leadership.
"My father bids me to say to you, Mr.
Balfour,” he added, “that in offering you!
his support he feels he may speak also
in the name of the whole Liberal-Union
ist party of the House of Commons ”
Windward to Sail Today.
(By the Associated Press.)
Ne York, July 14. —The Peai \ relief
ship Windard failed to finish loading her l
supp*?s today and it is now expected'
that she will sail early tomorrow. The 1
Windward will go from this port direct*
to Sydney C. B-, where she will take on
coal and then head for the Arctic region. I
Mrs. Peary and her daughter will join
the ship at Sydney.
~ *
Refused to Read Ukase.
(By the Associated Press.)
St. Petersburg, July 12.—8 y order of
the Russian authorities seven Lutheran
< lergy of Borga, Finland, have had their
stipends suspended for refusing to read
in their respective churches the ukase j
•"•dating to military conscription in Fin- I
land.
Ordered to Venezuela
(Ry the Associated Press.)
Washington, July 14. —The Navy De
partment has ordered the Marietta to j
proceed from Cape Haytlen to La Oair.a, |
Venezuela. The department explains that i
Minister Bowen may use the Marietta
for purposes of communication.
The News atldObserve**,
JOYNER RECOVERING FAST-
Fan in B&ieball While Thieves do Havoc in
Qreenshoro Cemetery. ,
(Special to the News and Observer.)
Greensboro, N. C., July 24.
The attending physician reports today
that Superintendent J. Y. Joyner is on
the road to recovery very fast. He is
able to be up and hopes to attend the
State convention next Wednesday.
The most interesting game of base
ball seen here this season was played
to a fair sized audience Saturday by the
members of the court house crowd,
y’clept Tamany Tigers, against the bank
employes, styled the Gold Bugs, for the
benefit of the fund for the veterans re
union. Up to the sixth inning the score
was tied, 5 to 5, but the more seasoned
'(and hardened) Tigers got in their work
after this and cleaned up the Gold Bugs
to the tune of 18 to 11. The next game
on the tapis for the same fund is one be
tween the Lawyers and Doctors of the
city. The feature of the game was the
phenomenal playing of Mr. C. G. Wright
on first base and his winning the title
of “Bruno.”
The County Commissioners are in ses
sion today settling with former Sheriff
Gilmer in hearing applications for in
crease of pensions.
The county is putting down a ma
cadamized road on Buffalo creek, two
miles south of town, to the city limits.
There is frequent complaint of the
i stealing of vases and flower pots In
l Green Hill cemetery. The thieves have
also been known to steal the ribbons
that the flowers are tied with. The
police have been trying to catch the
thieves for months but so far have been
unable to locate them.
CHAFFEE
Maj, Gen Geo. W- Davis Ap
pointed in His Place
Gen. Chaff e Ordered to the Commind of the
Department of the East, at Governor’s
Island.
(By the Associated Press.)
Washington, July 14.—General Chaffee
has been relieved of command in the
Philippines and ordered to the command
o fthe Department of the East by an or
der issued today by Secretary Root. The
order follows:
“By direction of the President Major
General George W. Davis will relieve
Major General Chaffee of the command
of the division of the Philippines Sep
tember 30, 1902. On being relieved Gen
eral Chaffee will, with his authorized
aides, repair to Governors Island. N. Y. f
and assume command of the Department
of the East.”
A few days ago General Chaffee was
cabled an offer of either the command
o f the Department of the East or of the
Department of the Lakes owing to the
retirement of General Brooke.
I General Chaffee, in choosing the former
assignment, suggested that September 30
would be a good date to make any
change in the command of the Philip
pines. President Roosevelt consulted
with Secretary Root, who directed the
order to be issued relieving General
Chaffee and placing General Davis in
command.
General MacArthur has been asked to
take command of the Department of the
I East when General Brooke retires until
he can be relieved by General Chaffee.
“TO HOODOO” TARHEEL OFFICERS
The Osborne-Hiatt Case the Rewards That Are
Offered.
(Special to News and Observer.)
Greensboro, N. C., July 14.
Policeman Jessie Adams and his at
torney, Mr. E. B. Jones, of Winston,
spent the night here in an effort to se
cure from the Oklahoma officers who
came to North Carolina the reward of
fend for the man Osborne, arrested by
Adams in Norfolk, Va."; on a charge of
murder in Oklahoma. It seems that the
Oklahoma authorities , got North Caro
lina and Virginia mixed, and had secured
rendition papers from Governor Aycock.
What Officer Adams and his lawyer
were after, however,, was the reward of
fered for the apprehension of Osbo.rne.
He was assured by telegram before he
was ordered by the Oklahoma authori
ties, “to hold Osborne at all hazards; re
ward of $450 certain,” that there would
be no trouble at all about it. Upon this
order the policeman, at great personal
expense, went to Norfolk and secured the
arrest of the accused. When Adams met
ihe Oklahoma officers, one going to
Winston, the other remaining here, he
was informed tha,t they were not pre
pared to pay the reward, but would see
to it after they reached home with the
prisoner. This was not satisfactory, and
an effort is now being made, since the
conference here last night was unpro
ductive of results, to induce Governor
Mcntagu\ of Virginia, to order the re
tention of the prisoner until the guaran
tee of the Oklahoma authorities has been
fulfilled. While Adams was here last
night one of the officers received the
rendition papers from Governor Monta
gue, it is learned, and took the 12 o’clock
train for Norfolk. Policeman Adams
this morning before leaving for Winston
sent telegrams to his attorneys in Nor
folk to resist with all legal means in
their power the delivery of the prisoner
until the stipulated reward was paid.
There is an impression that an attempt
is being made to “hoodoo” the Tar Heel
officer out of his reward.
It’s up to a man to declare that ap
pearances are deceitful when they are
against him.
RALEIGH. NORTH CAROLINA. TUESDAY MORNING, JULY 15 1902.
SPARIELLJELEASED
Was Tried as One of the
Lynchers at Salisbury.
After Sending Him to Jail Judge Shaw Change
His Mind and Orders His
Release.
(Special to News and Observer.)
Salisbury, N. C., July 14.—Thomas
Sparnell, who was arrested here Satur
day night on a bench warrant issued by
Judge Shaw, which charges Sparnell
with participating in the lynching of the
two Gillespie boys here in June, was
brought before Judge Shaw here today.
The judge and Solicitor Hammer ar
rived in Salisbury this morning for the
purpose of thoroughly Investigating the
lynching. About twenty witnesses were
examined, among them Mayor Boyden,
who stated that he thought he recog
nied Sparnell’s* voice in the body of
masked men who stormed the jail.
All the details of the lynching were
gone into and it is quite certain that
other warrants will be drawn. The in
vestigation will be continued here next
Friday by Judge Neal.
Mr. Sparnell was represented by Hon.
Lee S. Overman and Walter Murphy.
Esq. Judge Shaw remanded him to jail
without bail until Friday.
Salisbury, N. C., July 14.—Sheriff Ju
lian received a telegram at 5 o’clock
from Judge Shaw, who returned to
Greensboro at three o’clock, au
thorizing him to release Sparnell from
custody. It Is supposed that he held
that the evidence was Insufficient.
The events leading up to the
trial and final release of Spar
nell today are as folows: Judge
Thomas J. Shaw late Saturday afternoon
issued a bench warrant for the arrest
of one of the men,in Salisbury charged
with aiding in lynching the two negro
boys there for murder of Miss
several weeks ago. The charge against
the party waS for murder, and Solicitor
Hammer, who came here immediately
from the Congressional convention at
Monroe Saturday morning, took the war
rant over to the Rowan sheriff on last
night's train, and it is learned here that
he was arrested last night, and placed in
jail. The wffVrant is returnable before
Judge Shaw today at 10 o'clock. The
arrest of this particular part was de
, tided upon a week ago, but Judge Shaw
was absent in Virginia and only returned
homo Wednesday. Owing to the pres
ence of the solicitor at Monroe that day,
and his enforced presence there until
Saturday morning, the warrant was not
signed until last night, returnable Mon
day. The solicitor preferred Tuesday,
but Judge Shaw was to hoar a case of
habeas corpus on Tuesday, hence the
examination at Salisbury today. That
this case is going to “stir up a row’
there can be no doubt in the world. I
have it from the best authority that
there are eleven other men known to
have been in the lynching, one of them a
county officer, or rather a sub-officer,
and that it is expected soon to have
enough legal evidence to justify their
arrest. The solicitor is naturally reti
cent about it, and when asked about this
last piece of information, declined to
deny or affirm its accuracy, but said that
it was the hardest matter in the world
to got a shred of legal testimony against
any man but the man arrested. He said
he could find out all about who was in the
crowd until the probe of evidence was
put into the reports, when all basis of
legal fact would banish into thin air.
My information is that not a single one
of the better element of Salisbury people
was directly implicated in the lynching,
but that a great many know who was
and won’t tell.
THE ILLINOIS STRIKES BOTTOM
Admiral Crowninshield’s Flagship Will Have
to go to Drydock.
(By the Associated Press i
Christiania, Noray, July 14.—Oing to a
faulty steering gear, the United States
battleship Illinois, Admiral Cronin
shield’s flagship, which has arrived here
with the United States cruisers Chicago
and Albany, struck the bottom of the
harbor. The accident will compel her to
go back to England xnd be placed in
drydoeks there.
While the Illinois was standing Into
the harbor, leading the squadron, her
steering gear failed and her helm jammed
hard to starboard, with the ship headed
straight for the shore. oßth anchors
were let go and her engines were backed
promptly, but the port anehor eliain
parted. The ship struck an obstruction
and a hole was punched in her bottom.
Two small compartments filled with
water, the creV were piped to collision
quarters and the water tight doors vv re
closed. The rest of the squadron stood
into the inner harbor. The Illinois was
eventually backed off and anchored
safely.
Rear Admiral Crowninsldeld will prob
ably shift his flag to the Chicago and
the remainder of the proposed haltic
cruise may be abandoned.
Mangled by Train.
(Special to the News and Observer.)
Rockingham, N. C., July 14.—Jule Mor
rison, colored, who has been painting
here for Mr. J. H. Lewis, was killed by
the train near Rockingham yesterday
morning. His coat was found only a
short distance from the depot, near the
old mill, while the main part of his
body, badly mangled, was found about
three miles down the road towards
Hamlet.
ELEVEN CANDIDAIXS FOR TWO OFFICES
Movement to Nominate Baxton For Judge to
Rnock Out Jones aa Solicitor
(Special to News and Observer.)
Winston-Salem, N. C., July 14.—The
candidates for judge and solicitor and
many delegates arrived today and to
night, to attend the Judicial Convention,
which opens here at ten o’clock tomor
row. There are five candidates for soli
citor and six for judge.
The best politicians here will not make
a prediction on the Result of the conven
tion. It is known tljjat there is a move
ment to nominate Mr. J. C. Buxton, of
this city, for judge, for the avowed pur
pose of knocking out Mr. E. B. Jones of
this county, who is in the race for solici
tor, and who will go into the convention
with the largest number of votes of any
candidate.
Mr. Buxton says he is not a candi
date for judge, and is taking no part in
the agitation of the matter. Should he
be nominated it would further compli
cate the race for the solicitorship.
CHARGED WITH IMFANTICIDE
Young Whits Woman of Stokes Said to Have
Murdered Bay Old Baby
(Special to News and Observer.)
Winston, N. C„ July 14.—Miss Minnie
Ashby, a young white woman of Stokes
County, was arrested near Quaker Gap
Saturday, charged with the murder of
her child, one day old. The child was
found in the woods about one mile from
the house where the woman was staying.
A young man who lived in the neighbor
hood, but whose name was not learned,
has also been arrested, charged with
complicity in the affair.
WALLER AHpAY FREE
Gen- Chaffee Disapproves the
Finding and Acquittal.
Day Should Have Disobayed the Order to Kill,
on Account of Waller’s Physical and
Mental Condition.
(By the Associated Press.)
Washington, July 14, —The incoming
Philippine mail hrfrf the full printed
record of the proceedings in the court
martial cases of Major Littleton W. T.
Waller and Lieut. John Horace Arthur
Day, of the marine corps, growing out of
tiie killing of some native bearers or
Oargadores in Samar. The record shows
that Major Waller was acquitted of the
charge of murder, but that General
Chaffee, declaring that “there has been
a miscarriage of justice in this case,”
disapproves the finding and the acquittal
with the exception that while Waller
should not have been found guilty of
murder the court should have included a
lesser offense. General Chaffee's en
dorsement is yery strong and he declares
that vvith the exception of three who de
serted no overt acts were committed by
the Cargadores, but on the contrary,
‘those sent to their death continued to
carry the arms and ammunition of the
men after they were no longer able to
bear them, and to render in their im
passive way such services as deepen the
conviction that, without their assistance,
many of the marines who now survive
would also have perished.”
In the case of Lieut. <ay, who also
was acquitted, General Chaffee disap
proves the finding to the specification
and charge of murder. He said that
Lieut. Day should have known that his
commanding officer, Major Waller, had
for three weeks been under a test for
mental and physical endurance such as
few men are called upon to undergo;
that he was sick with fever, his tem
perature 105 and his body covered with
painful sores. Day was the only officer
not sick on duty and in the full posses
sion of his faculties, and his plain duty
was to counsel delay in the execution of
the orders to kill the natives. General
Chaffee refers to the order of Major
Waller as “tainted” and says “that it
should have prompted him (Day) to a
positive disobedience of the same,”
Notwithstanding the disapproval the
two officers were released, as they could
not be tried twice for the same offense.
Approaching Puerto Cabeilo.
(By the Associated Press.)
Willemstad, Island of Curacoa, Sun
day, July 13. —Advices received here to
day from Venezuela say that 900 Revo
lutionists under General I’enaloza are
approaching Puerto Cabeilo (a ffity of the
State of Carabobo, Venezuela) and that
400 men from the local bands are now
concentrated' near El Palito. v The Vene
zuelan government has fortified and en
trenched Puerto Cabeilo. An attack on
that place by the Revolutionists is ex
pected shortly. If this occurs the city
wil be shelled.
The German cruiser Falke and the
Dutch cruiser Keningen Regents have
left La Guairo for Puerto Cabeilo.
Preparing Its Report.
(By the Associated Press.)
Manila, July 14. —The board which has
been investigating the charges against
American officers and soldiers made by
Major Cornelius Gardener of the Thir
teenth Infantry as governor of Tayabas
province, is preparing its report. The
findings will be announced from Wash
ington.
Major Gardener has been ordered home
and will probably depart Jtilv : } 0 on the
United States transport Buford.
Widows are never so youug as they:
count themselves.
ALL IN JADIHESS
For the Distinguished Body
of Democrats.
Efforts to Frevent Delegates From Incurring
Any Fxcept Their Own Personal Ex
penses. District Meeting.
(Special to the News and Observer.)
Greensboro, N. C., July 14.—Every
thing is in readiness for the meeting of
the Democratic State Convention which
will be called to order in the new City
Hall in this place Wednesday at noon.
The citizens of Greensboro, proud to en
tertain this distinguished body of the
leaders of the great Democratic party,
have made every needed arrangement.
They now await their coming, confident
that every delegate will be pleased with
the reception that this city will accord
to one and all.
State imairman Simmons will call the
convention to order at noon Wednesday.
He will make a speech discussing briefly
the issues upon which the campaign will
be waged and then will name ex-State
Senator Scales, of Guilford, as tempor
ary chairman.
* » *
DISTRICT MEETINGS.
On Wednesday morning the District
conventions of the ten districts will be
held at the following places at 10 a. in.:
First District —Merchants and Man
ufacturers’ Club.
Second District—Knights of Pythias
Hall.
Third District—Office of City Tax-
Collector.
Fourth District —Assembly Hall in
Beubow Hotel.
Fifth District—County Court House.
Sixth District—Convention Hall. Sec
ond floor City Hall.
Seventh District—Council Chamber.
Second floor City Hall.
Eighth District—Odd Fellows’ Hall.
Ninth District —Junior Order of A. M.
Hall.
Tenth District—Mayor’s Court Room.
Second floor City Hall.
It is important that there should be a
full attendance upon these district meet
ings, as they name the vice-presidents,
members of the excutive committee and
members of the various committees of the
convention. Each district will name
four members of the State Executive
Committee, a vice-president of the con
vention, member of the Committee on
Credentials, Rules and Order of Busi
ness, Platform and Resolutions, Perma
nent Organization, anil any other com
mittees that may be needed.
* * *
Especial efforts will be made to pre
vent the delegates from incurring any
except their own personal expenses. To
this end placards are being printed and
will be conspicuously posted reading as
follows:
“Please do not tip or reward em
ployes. The pages, servants and every
thing about the convention hall are pro
vided by the committee for the con
venience of the delegates, and any, em
ployes receiving a tip will be immediate
ly discharged. Please report any in
attention to the committee or to the
chief page.”
The water furnished to delegates in
the convention is from the famous Vade
Mecuni Springs in Stokes county, which
donated it in honor of the convention.
! The electric fans are furnished through
the generosity of the Standard Electric
Company and the power is kindly donated
by the Greensboro Electric Company, and
the electric motor used in pumping fresh
air into the hall by the Greensboro Sup
ply Company.
The flowers and plants used in the
decorations are generously furnished and
arranged by the noted J. Van Lindley
Nursery Company.
VOTES BY DISTRICTS.
The vote in the State Convention by
districts are as follows:
First District 127^
Second District 160*
Third District 103
Fourth District 124
Fifth District 157
Sixth District 107
Seventh District 114
Eighth District 124
Ninth District Hi)
Tenth District 109
Total 1,244
After the Wife Murderer.
(By the Associated Press.)
Norfolk, Va., July 14—Sheriff J. P.
Ilesser, of Payne county, Okla., and his
deputy., Hamilton B. Houston, have ar
rived here for Charles F. Hiatt, alias Os
borne, the man now in jail here suspected
of the murder in this city last month of
his wife. Mrs. Mattie J. Osborne, and
positively identified hi mas the maa who
killed A. F. Cooke, in Oklahoma, and on
November 16, 1896, killed his wife in
Stillwater in the territory for fear she
would reveal his guilt. Hiatt told the
Oklahoma officer that he would willing-I
ly return with them without requisition
papers, and he will be turned over 10
the officers from the West.
Died on His Tug,
(Special to the News apd Observer.)
Washington, N, C., July 14.—Capt.
Zachoriah Foreman, of the lug May Rus
sell belonging to the D. C. Way Lum
ber Co., died suddenly on board his boat. *
Several days ago, during the vpry hot
spell, Capt. Foreman fainted while steer- I
ing the tug, and remained unconscious I
ior two or three hours. lie had not been'
well since, 1 ?
CLEVELAND COUNTY CONVENTION.
Platt D Walker Endorsed For Associate Jus
tice. Populists Back in the Fold
special to the News and Observer.)
Shelby, N. C., July 14.—The Cleveland
county primary Saturday and the con
vention today were the largest in the
history of the county. The Populists
have returned to the Democratic party
and a love feast is imminent. The con
vention today unanimously adopted reso
lutions endorsing E. Y. Webb for Con
gress, Platt D. Walker for Associate
Justice, J. L. Webb for Solicitor of the
Twelfth District and Clyde R. Uoey for
the Senate. No other endorsements.
The Shelby Brass Band dispensed pa
triotic selections. The custom of hav
ing both successful and defeated candi
datess address the convention prevailed.
Measles on Training Ship
(By the Associated Press.)
Newport News, lulv 14. —Three cases
of measles among the three hundred ap
prentices on board the United States
training ship Lancaster, now off Fortress
Monroe caused the vessel to go into
quarantine today. The disease is f-aid to
be of a mild type. The Lancaster was
under orders to sail for Tompkinsville,
N. Y. tomorrow and her departure is now
indefinitely delayed.
Orange Men's Celebration.
(By the Associated Press.)
Belfast, Ireland, July 14. —A hundred
thousand Orangemen participated today
in their annual celebration. The entire
police force was on duty and the mili
tary were confined to their barracks.
1 CRASHTVENICE
The Bell Tower of St. Mark’s
Collaped and Fell.
A Few Persons I'jur d. Venetians Bemoan De
struction of One of Oldest Art Treas- ,
ures in the Kingdom
(By the Associated Press.)
Venice, Italy, luly 14. —The Campanile
(detaehed bell tower) of St. Mark’s
church, 98 metres high, collapsed at
10:40 this morning and fell with a great
crash into the piazza. It is now a heap
of ruins piled to a height of one hundred
feet. In falling it carried away the
Sansovino Loggetta and the library of
the royal palace. There were no fa
talities, but a few persons were injured.
The disaster caused an immense sensa
tion. The town and eoinmunical councils
have been summoned to meet this even
ing.
A little before the collapse a noise of
falling stones within the bell tower
warned the shop-keepers, workmen and
tourists of the impending disaster and
all fled for their lives.
Venetians were seen in the streets be
moaning the destruction of one of the
oldest art treasures in the kingdom.
Four of Sansovino's statues of Venetian
nobles were demolished in the Sansovino
Loggetta, while a beautiful example of a
Paul Ceronese painting was destroyed in
the palace. The wing of an angel from
the top of the bell tower was thrown
down to the front door of the Cathedral,
smashing the Bando column which was
hurled 35 feet, just escaping the column
supporting the south angel of the
Cathedral and thus averting a more seri
ous disaster.
The fall of the tower produced a thick
red dust, which spread like a hanging
cloud over the city. This, with the
rumbling noise, startled the inhabitants
of the most remote suburbs. Thousands
of soldiers and police aided in allaying
the panic.
The deputies of Venice have telegraph
ed to the Government at Rome for au
thorization to establish a lottery to
raise funds to rebuild the bell tower.
CONSOLIDATION DECLARED VOID.
Opinion of Court of Chancery in Case of Nash*
villevs Nashville R’y Co
(By the Associated Press.)
Nashville, Tenn., July 14 —The Court
of Chancery Appeals today delivered an
opinion in the f-ase of the Citv of Nash
ville against the Nashville Railway
Company with invalidates and declares
void the consolidation attempted by the
constituent linos of the Nashville Rail
way Company.
Efforts were made to effect the com
bine in 1900, but bills were filed n be
half of the tax-payers and the city to en
join the consolidation and to declare a
reversion to the city for breach of con
tract of the franchise and rights to the
use of the streets.
The city contended that the consolida
tion was effected without its consent and
sought by quo warranto proceedings to
have a forfeiture taen of the compery’s
charter and to abrogate its right to its
use of the streets. The railway com
pany insisted that its right to a use of
the streets was a perpetuity and court
upheld the contention. The consolidated
properties are bonded at $6,509,Q0p and I
stocked for a like amount. If the Su
preme Court upholds the decision the!
railway company will be compelled to'
make terms with the citv before a con
solidation can be effected or the consti
tuent lines will have to be operated sep
arately and independently and the con
solidated stocks and bond will be invali
dated.
As if it were a boat on the sea, a father
should be an anchor for his child; a
x other Its harbor in storms.
l THE WEATHER TO-DAY.t
► Far Raleigh: t
[ fair. t
»♦♦♦♦♦♦♦♦»
'""V.UCIi FIVE CENTS.
ATWOCLUR LEAGUE
ALL NAT HEMAIUS
Durham Failed to Show up in
New Bern.
RALEIGH WAS SWATTED
Greensboro Defeats Gray Eagles by
Eight to On*.
N.W BERN WAITS NEWS FR)M LEAGUE
In the Eastern Carolina League WiUon Defeats
Kinston by a Score of Fourteen to
Seven in a Slow
Gam**,
(Special to News and Observer.)
Greensboro, N. fc., July 14.—1 t was a
spiritless game, Raleigh simply being
batted out of sight by locals and Suggs’
pitching paralyzed thorn. Aside from a
home run by Fox in the sixth inning
there were no features of special inter
est. Soffel only scored for Raleigh.
Raleigh 1, Greensboro 8 was the score.
R*aleigh plays here again tomorrow mid
for rest of *he week.
THE TABULATED SCORE.
GREENSBORO. A.B. R. H. P.O. A. E.
McTeer. r. f., 5 11 0 0 0
McKernan, 3b 3 10 12 0
Fox, 2b 5 1 2 3 0 0
Kelly, lb., 11 0 10 0 0
Courneen, 1. f., ... 5 0 2 0 0 0
Sullivan, c., 2 2 1 10 2 0
Darby, s. s 4 J. 11 3 0
Pool. c. f., 4 1 "2 3 o 0
Suggs, p., ..... 4 0 •) 0 3 C
Totals 30 S 9 27 JO 0
RALEIGH. A.B. R. H. P O. A. E.
Pastor, a. s., 4 0 0 0 f. 0
Karns. 1. f., * 0 1 4 2 0
Soffel, 2b., .. I t 0 6 3 0
Kain, 3b., .. .. 3 0 <• tv-
Rollins, c., 0 17 1 0
Charters, c. f. 3 0 0 0 0 ,0
White, lb 3 0 0 10 0 1
Childs, r. f., 3 0 1 0 0 0
Leonard, p 3 0 0 0 1 2
Totals 29 1 3 27 17 5
Score by innings: R H E
Raleigh 000 10 0 )4 o—l 3 5
Greensboro .. ..010213 0 ix-S 9 0
Batteries: Raleigh—Leonard and Rol
lins; Greensboro—Suggs and Sullivan.
Summary: Home run —Fox. Two base
I hits—Pool, 2; Courneen, 1. Stolen
bases—McTeer. Double plays—Karns to
Soffel. Struck out—by SiKg3, 11; Leon
ard, 5. Hit by pitched ball—Leonard, 2.
Wild pitches—Leonard. Passed bells—
Sullivan, 1. Beses on balls—off Suggs,
3; off Leonard, 3. Time of game—l:4s.
Umpire—Mr. Drauby. Attendance 550.
NEW BERN TEAM INTACT.
Ready to Flay Schedule, it Went to Grounds
Bnt do Parham Appeared.
(Special to News and Observer.)
New Bern, N. C., July 14.—Durham
failed ot appear here today according to
schedule, but the New Bern club went
on the grounds prepared to play and Um
pire Mace declared the game forfeited
to New Bern by the score of 9 to 0.
j No word has been received here today
as to the status of the league. The
New Bern club is intact and Is prepared
to play out the schedule. C. L. Stev
ens, who is a director in the State
league Association, wired President
Busbee today asking for a meeting of
elugs remaining in the league to wind
up the leagues affairs as Durham had
terminated its membership by failing ia
appear in New Bern. This is in accord
ance with league constitution.
National League,
(By the Associated Press.)
At Cincinnati— R H E
Cincinnati .. ..» 2030 00 1 x—6 9 0
New York 0 0000000 o—o 7 3
At St. Louis— R H E
St. Louis 0 1)0 0 0.0 0 2 o—2 6 5
Phila 2 1021011 1-9 13 0
At Chicago— R h E
Chicago 0000 00 0 2 x—2 6 1
Brooklyn 00000000 o—o 7 0
I At Pittsburg— RH E
ittsburg 4 00 0 00000 x—4 11 0
Boston 0 1 00 0 00 0 o—l 7 \
American League.
At Washington— R H E
Washington 4 0 0 4 1 0 0 0 I—lo 18 3
Baltimore 01301020 2 9 11 4
At Philadelphia— R H E
Boston 0 02 0 00010 o—3 9 0
Phila 0 00100020 I—4 11 3
Wilson Won Onj^
(Special to the News and Observer.)
Wilson, N. C„ July 14.—Wilson won
out in a slow game today from Kin
ston by a score of 14 to 7. Cassidy
pitched great ball for Wilson, striking,
(Continued on Page Five.)