The Weather Today: S'cStSSS?! Local Rains. The News and Observer. VOL. LII. NO. 129. ILoshOs sdDD SSsipftDn ©anpoDßon® BDsdlOjp Pai(p®cps 800 EtoftDn Kl®ots anod] ©Bn°®ooDffiftß®oQ GREENE AND GftYNOR RELEASED By CARON Decision Based on Discrep ancies in Charges. WARRANTS MINUS DATES McMaster Asked if He Will Move Further For Extradition. HE WILL TALK WITH IRWIN AND STEWART The Released Prisoners Receive the Congratula tions of Their Friends. Caron Wastes Much Wind in Explaining His Decision. (By the Associated Press.) Quebec, Aug. 13.—Colonel John F. Gay rior and Captain Benjamin D. Greene scored a decisive victory today in their fight against extradition to the United States, where they are wanted in con nection with alleged frauds in harbor work for the Federal Government, in tolving millions of dollars. Judge Caron in the Superior court, dis charged the prisoners from custody of the sheriffs, Langelier, of Quebec, and Valee, of Montreal, in whose official care they have been since their sensational arrest in Quebec last May. A large number of the prisoners’ friends were in the court room and they heartily con gratulated the two men upon their re lease. Colonel Gaynor and Captain Greene left the court room soon after Judge Caron had concluded and proceed ed to the Chateau Frontenac. Colonel Gaynor, who is suffering from rheuma tism, retired to his room. It is understood that the United States Government will institute new proceed ings for extradition, but up to a late hour no step had been taken by counsel representing the Washington authorities. Judge Caron, who spoke in French, oc cupied about two hours in delivering his judgment. In reviewing the legal proceed ings since the arrest of the two pris oners, he pointed out that their counsel had raised an important question to the effect ihat the warrant issued by Magis trate Lafontaine was illegal, on the ground that it did not contain the date nor the year in which the alleged of fence had been committed. He could not presume when the offence was commit ted, and it may have been previous to the signing of the treaty between the United State and Great Britain and if so the accused could not be held, as the treaties had no retroactive effect. Accoring to a deposition made in Mon treal by Mr. Erwin, counsel for the United States, in May last, continued Judge Caron, the accused were charged with fraud committed on or about Jan uary 1, 1897. That crime was not in cluded in the treaties, and that of re ceiving money and false pretences was cnly included in the treaty of 1900. This was fatal to the prosecution, and the warrant issued by Judge Lafontaine was defective, as the offence included there in did not fall under the extradition treatv: consequently the arrest was ille gal and the accused must be set at lib ' erty. After citing authorities in support of his decision, Judge Caron concluded as follows: “Considering that the warrant, in vir tue of which the petitioners are detained contains no date of the commission of the offense whereof the petitioners are accused; considering that in virttie of the treaties of extradition existing be tween Great Britain and the United States, it is positively proved that these treaties are such that have no retro active effort for offences committed be fore the passage; considering that the allegation of the date of the commission of the offense is in consequence essen tial to give jurisdiction of the commis sioner to issue a warrant of arrest; con sidering further that it is not alleged in the warrant that the offense for widen said warrant has been issued is one ut criminal participation, punshable by the laws of both countries, which is a condi tion required by the last paragraph of the first article of the treaty of 1890; considering that the information, indict ments and true bills and all documents produced for the issue of the warrant show that the offences of which the petitioners are charged and for which thvy would have to stand their trials in the 1 nited States, should extradition he granted, are not within the terms of the treaties of extradition between Great Britain and the United States and dis close no offence committed by the prisoners for which they could be ex tradited under the said treaties; con sidering in consequence that the war rant of arrest issued by the said Ulric Lafontaine, in his above stated capacity, is null and illegal and could not war rant the arrest of the petitioner, the court rejects the said motion of the Uni ted States, intervening party, to quash the said w'rits of habeas corpus ad dressed to me on June 21 last to the said C. A. Valee, doth declare the ar rest and detention of the said petitioners illegal and doth annul and set aside the said warrant of arrest. “It is ordered that the petitioners he liberated and discharged from the cus tody of G. A. Valee, jailer, of Montreal, and of Charles Langlier, sheriff of Que bec, who have present custody of them, and this order will be the warrant of the said C. A. Valee and of Hon. Charles Langelier for the complete and imme diate release of the prisoners.’’ The First Report. (By the Associated Pr^ss.) Quebec, Aug. 13. —Judge Caron, of the Superior Court, today released Captain Greene and Colonel Gaynor, the Ameri can contractors who are wanted in the United States for alleged frauds against the Federal Government involving hun dreds of thousands of dollars. Judge Caron based his decision upon the absence of dates on the warrants under which the prisoners were first arrested in Quebec; discrepancies in the charges on wdiich true bills were obtained against the prisoners in the United (States, and discrepancies between those charges and the charges made in the application for extradition. The prisoners were at once rrdeased and received the congratulations of their friends and the court adjourned. Mr. MoMaster, counsel for the United States Government, was as*ked whether the prosecution intended to take any further action looking to the extradition of Colonel Gaynor and Captain Greene. Mr. McMaster replied that he was un able to speak positively on the subject until after a conference with Messrs. Erwin and Stewart. There was a large attendance of both legal luminaries and spectators. Mrs. Gaynor. accompanied by a number of ladies, was present during the delivery of the judgment. Gaynor and Greene came into court with Sheriff Langelier. Judge Caron ascended the bench at 10:30 and began the reading of the very lengthy notes preceding his judgment. The judge referred to the case as of great importance, if only by reason of the unusual proceedings employed, and went on to say that he would cnly re view his last two writs. He then read the petitions of the prisoners tor Avrits of habeas corpus upon which the writ was issued, in virtue of which the prisoners were taken out of the hands of Jailer Valee, of Montreal, as well as the answer thereto and the Avrit itself. The events immediately preceding the Avrits he also revieAved and Avent o* to concur in Judge AndreAv’s opinion with regard to the sensational manner in which the prisoners’ arrest Avas made here. With reference to the attacks made upon himself, he was sure that the American Government authorities and their agents could haA'e had no hand in them. The notice of the American Gov ernment’s lawyers to Jailer Valee to at tend to delivery of Judge Andrews’ judgment was then quoted and Valee’s compliance therein noted. That judg ment ipso facto dispossessed Judge An dreAvs of the priosners and under the circumstances he (Judge Caron) Avas quite justified in his subsequent issue of Avrits of haheas corpus addressed to Jailer Valee after he had taken posses sion of the prisoners folloA' ing Judge AndreAvs’ pronouncement. Judge Caron next quoted authority for his issue of a writ of '•erCorarl in his preAious judgment and showed that the Avrit of habeas corpus nevertheless re mained in force eA'en without the ex tradition commissioner having pro nounced upon the case, for the prisoner has always a right to question the jus tice of his being deprived of his liberty. American courts had taken a similar view in the case of a forger who Avas a fugitive from Quebec province. In the Eno case the offens-> AVith which the prisoner was charged in the extra dition proceedings and that made o!se- Avhere did not agree. In the present case there Avas a distinct discrepancy be tAveen the charges upon Avhich the vari ous true bills against the prisoners Avere obtained in the United States and between them and that made in the ap plication for extradition- This, as well as the absence of dates in the Avarrant, he held to be distinctly fatal to the latter and he theretore upheld the prisoners’ claims and their objections to the war rants, maintained the Avrit of habeas corpus and ordered the release of the prisoners. Solicitor Richards Views (By the Associated Press.) Duxbury, Mass., Aug. 13.—The decision of Judge Caron, of Quebec, releasing Benjamin D. Greene and John F. Gay lior, was shown to Solicitor General Rich ards at his summer home here today. He t xpressed no surprise at the action which had been taken and said that he would not at this time enter into discussion of the case or express an opinion as to the attitude of Judge Caron. He would say that if there were any technical defects in the Avarrant this could be easily corrected by tljo United States Government, and having done this, the Government would renew its efforts to get the tAvo men back into this coun try for trial. He had no reason to believe that un der the treaty Greene and Gaynor could not be extradited. Keox Fas Nothing to Say. Beverly, Mass., Aug. 13.—Attorney Gen eral Knox was informed bv the Asso ciated Press tonight of the release of Greene and Gaynor at Quebec, and also was shown Judge Caron's decision. Ho read the latter carefully and then said: “I have nothing to say in regard to Judge Caron’s decision. It would be highly improper and extremely indelicate for me to make any comment on any decision of a foreign court in which the United States is involved, especially when the case goes against the Govern ment.” To Vote on Dispensary. (Special to Ncavs and Observer.) Monroe, N. C., Aug. 13.—An election has been called in this county to vote on whether the dispensary shall be abol ished. RALEIGH. NORTH CAROLINA. THURSDAY MORNING. AUGUST 14. 1902. NEW BANK,COMPANY ORGANIZED The New Hanover Delegation to Congressional Convention at Fayetteville (Special to the Netvs and Observer.) Wilmington, N. C„ Aug. 13.~The re cently incorporated Atlantic Trust mil Banking Company organized this after noon by electing M. J. Heyer, president; Mitchell F. Allen, cashier, and A. B. Lynch, D. McEaehern, L. B. Kogers, B. H. J. Ahrens, J. G. L. Gierschen, R. R. Bellamy, I. M. Bear, B. Solomon, Matt. J. Heyer, Jno- H. Kuch and C. W. Yates to compose the board of directors. One half of the SI,OOO authorized capital has been subscribed and business Avill be commenced October Ist. The Ncav Hanover delegation to the Congressional convention at Fayctte\’ille. August 20th, met this afternoon and or ganized by the unanimous election of the following chairman of the delegation, W. H. Bernard; for Committee on Cre dentials. Junius Davis; Committee on Permanent Ohganization, Frank H. St(d man; Platform and Resolutions, Walker Taylor; Secretary of the delegation. S. P .Adams. Geo. L. Morton Avas chosen as the member for New' Hanover of the District ExeeutiA-e Committee. Highly encouraging reports as to the prospects of Hon. Jno. D. Bellamy for renomina tion were heard and a general exchange of views Avas indulged in. NEGRO PREACHES SENTENCED. For Criminal Assault Upon a Child Ninth Dis trict Republicans (Special to News and Observer.) Charlotte, N. C., Aug. 13.—Sam Robin son, a colored preacher, has been sen tenced by Judge Cable in the Superior court, to serve fifteen years in the State prison for a criminal assault on an eight year-old girl of his own race. Robinson's victim Avas the daughter of a respected negro. The evidence showed that the as sault Avas not successful, hence the light sentence. It is more than probable that the Ninth District Republican Congressional Con vention will be called to meet here. George B. Hiss, who is almost certain to be the candidate, prefers Charlotte, and it is likely his desire will go. The date has not been announced yet, but it will be held early in September. Through the breaking of a shaft in the press room. Charles Wills, an em ployee of the Charlotte Observer, Avas seriously injured early this morning. The break delayed the publication of the pa per and it did not appear until noou. v The first new bale of cotton for the State was brought here today from Mor ion, Union county. It weighs 603 pounds and will be sold at public auction today. Now Who Personated Wilson? (By the Associated Press.) Atlanta, Ga., Aug. 13. —Colonel R. Lee Byrd, who recently arrived here from Boeas Del Toro, Colombia, on a visit to his brother, has received a letter from Bocas containing information, which he asserts is unquestionable, lhat Dr. Rus sell Wilson, said to have been arrested by the Nicaraguan government for at tempting to land a filibustering expedition at Blucfields, never landed in Nicaragua at all, but Avent back to Bocas on the Colombian gunboat and has been there ever since. When the attempt was made to enter Nicaraguan territory, it was found im possible to land all of the filibustering (roops, and the gunboat Pinzon re turned Avith the balance of the men to Bocas. Dr. Wilson, the latter states, Avas among these, and never landed at Blucfields. “The only thing,” said Colonel Byrd, “is that some other party used Wilson’s name, knoAving he had influential friends in the United States and thus escaped the death penalty which the Nicaraguan Government had put upon him. There is no cable communication with Bocas, Avhich doubtless, accounts for the fact that the truth of the case had not come to light mare quickly.” The Youngsville Tobacco Market. (Special to News and Observer.) Youngsvllle, N. C., Aug. 13.—Big breaks of tobacco at Youngsville At a regular meeting of the tobacco trade the folloAving officers were elected: Mr. C. C. Cheatham, president; I. W. Mitchell, vice-president; G. M. Penny, secretary-treasurer. Sales Committee: A. V. Bobbitt, A. 13. Noell and G. M. Penny. Committee on By-Laws and Constitu tion: C. C. Cheatham, J. P. Meadows, and I. W. Mitchell. Arbitration Committee: F. A. Cheat ham, G. T. Bowen and J. S. Lumpkins. Finanee Committee: T. F. Cheatham, G. T. Bowen and I. W. Mitchell. The breaks have been very heavy dur ing the week. The American, the Im perial and independent tobacco com panies all have buyers here. The outlook now is that Youngsville will sell more tobacco than any year in its history. The Youngsville poopD and warehouse men are spending money to promote the tobacco interest. Stebbings Held For the Grand Jury (By the Associated Press.) Chicago, Aug. 13.—Stebbings. who, on Saturday stabbed to death Walter A. Scott, president of the Illinois Wire Com pany, in the latter’s office in the Monadnock building, was held to the grand jury today by the coroner's jury. No charge of the crime was made against Stebbings, but the jury recom mended that the grand jury investigate the killing. Stebbings testified in his own behalf at the inquest, and stated that at no time during the time Scott was striking and kicking him did he knowingly stab him. Stebbings said he Avas in a dazed condition from the at tack of Scott. The verdict is said to be the mildest in the history of the coroner's office. ATTACKEDJY MOROS American Outpost Surprised and Two Killed. Bacalcd May be Attacked. (By the Associated Press ) Manila, Aug. 13.—A small party of Moros surprised an outpost of the Twenty-seventh Infantry at Camp Vicars yesterday. Sergeant Foley and Private Carey were killed and Private Vumlorn Avas severely Avounded. The Moros, Avho numbered only a dozen, Avere armed with speers and swords. The morning was dark and foggy. The attacking party craAvlod to within a feAV feet of the sentinels and then sprang upon them suddenly. The entire outpost rushed to the relief of the sentinels, but they AA'ere too late and the Moros escaped, although pos sibly a feAV of them were wounded. The American sentinels Avere terribly cut by the swords and spears. The attacking Moros wera all from Bacolod, and the occurrence probably will result in a move against that town, Avhich has a strong fort and qjhcr de fenses. MOST BENEVOLENT TRUST-' the Harvester Combine Says Its Obj ct 'is 'to Hold Down Prices (By the Associated Press.) New York, Aug. 13.—The incorpora tors of the International Harvester Com pany, articles of incorporation for which Avere filed yesterday in Jersey City, to day made public a statement which says in part: “The International Harvester Company has been organized under the laws of NeAV Jersey Avith a capital stock of $120,000,000, to manufacture and sell harA*esting machinery. It has purchased the property and business of the folloAV ing manufacturers: “*The McCormick Harvesting Machine Company, Deering HarA'ester Company, Piano Manufacturing Company, Worder. Bushnell & Glessner Company (Cham pion), Milwaukee Har\'csting Company. The company is capitalized upon an ex ceptionally conserA’atiAe basis of its as sets of $80,000,000 cash working capital. The company will require no financing and there will be no offer of its stock to the public, all the cash required haA-- ing been provided by its stockholders.” After alluding to the advance in prices of raw' material and the possible consequent advance in the price of har vesting machinery unless economies in existing conditions of manufacture could be accomplished, the statement con tinues: ‘‘The manufacturers realize that their welfare and the interests of the farm ers arc Identical. An adA'ance in the price of agricultural, machinery would inure the farmers and react upon the manufacturers. But on the other hand, if existing conditions continued an ad vance in prices would be inevitable. It thus became necessary that either the prices should be adA'anced or that sub stantial economies should be effected in the manufacture and distribution of agricultural machinery. The manage ment of the company Avill be in charge of gentlemen Avho haA’e for years been identified with the business. The com pany will start Avith ample manufactur ing facilities. It has five fully equipped manufacturing plants in the United States and one plant in process of con struction in Canada.” The officers of the company are «s follows: President, Cyrus H. McCormick: Chairman Executive Committee, Charles Deering; Chairman Finance Committee, George W. Perkins; Vice-Presidents, Harold F. McCormick, James Deering, Willitm H. Jones, John J. Glessner; Secretary and Treasurer; Richard F. HoAve; Board of Directors. Cvrus Bcnt iov, Paul IX CraA'ath, William Deering. Charles Deering, James Deering, E. H. Gary, John J. Glessner, Richard F. Howe, Abram M. Hyatt. William 11. Jones, Cyrus McCormick, Harold F. McCormick, Stanley McCormick, Kl dridge M. Fowler, George W- Perkins, Norman B. Ream, Charles Steele and Leslie D. Ward. A REPUBLICAN DEADLOCK. Brokan at Last by McNeill’s Election as Solid tor. R K Btarbuck For Judge (Special to Ncavs and Observer.) Winston-Salem, N. C., Aug. 13.—After being in session since yesterday the Republican Judicial Convention at Rural Hall, adjourned at five o’clock this after noon. The convention aa'hs in a deadlock from five o’clock yesterday uutil late this afternoon, over the solicitorship. J. W. McNeill, of Wilkes, Avon. Judge Henry R. Starbuck was renominated for judge by acclamation. Contest Over District Judgeship. (By the Associated Press.) Chattanooga, Tenn., Aug. 13. —Ad\’ioos received today from the First Judicial district of Tennessee, show the comple tion of the canvass of the returns of last Thursday's vote and the election of A. J. Tyler, Republican, as circuit judge by a majority over Dana Harmon. Har mon, it is said, will contest the election on the ground of alleged fraud. Seale Succeeds Betts. (By the Associated Tress.) Washington, Aug. 13.—Announcement is made of (lie appointment of J. N. Seale as superintendent of transportation of the Southern Railway, vice R. E. Betts, superintendent car service, resigned. SOME HEEDLESS CONVENTIONS. Among These the Republican Judicial Set For August 27. The high old times in Republican cir cles will soon climb to the front for the conA’ention dates of a number of their assemblages come in August. The Republican convention of the S'xth Judicial District will be held on August 27th, in Raleigh, at 5 o'clock in the after noon, this time being set in the call made by the chairman. Col. John Nichols. This is the day before the State convention performs in Greens boro, and Avill be a side tent perform ance before the big shoA\’ begins. Delegates from Wake, Wayne, John ston and Harnett are expected to be on hand and the programme as to the nomi nation for judge is fixed- It goes to the present incumbent, Judge W. S. O’B. Robinson, of Goldsboro, Avho in the elec tion will be defeated by the Democratic nominee, ex-Judge W. R. Allen, of Goldsboro. For the nomination for solicitor, the candidates are hiding out in the Avoods and will ha\'e to be lassoed to get them into the ring. The A'ictim to be offered up on the sacrificial altar is being sought for, but all who are approached whispers timidly, “try the other man.” The Dem ocrats take little interest in Avho is the nominee, their time being taken up in calculating the size of the majority that is to be AA’rit after the name of Solicitor Armistead .Tones. The Republican Congressional cont'en tion for this district is dated for Ral eigh on August 26. and in this case also there is a deficit in the way of candi dates. It is a toss up as to Avhethor there x\'ill be nominated a “straight” Republican, a compromise independent or no one at all. “Haec docet fabula,” as the Latins Avould remark, means that Hon. EdAA'ard W. Pou, Democratic nominee, will be his own successor in Congressional halls. BOAST MAY COST HIM LIFE. George McFadden Tells of Murder He Com mitted at Lumberton (By the Associated Press.) % Philadelphia, Aug. 13.—George Mcjt Fadden, colored, today confessed to the police that he is Avanted in Lumberton, S. C., for the murder in November, 1900, of Elizabeth Smith, also colored. Mc- Fadden was employed by a contractor here, and ho boasted to the other em ployes of his alleged crime in the South. The police were informed- MePnddcn was arrested and confessed the crime. Children’s Pet Dead. Tin' children of Raleigh, who have seen | an admired the beautiful doe in the Pul i len Park Zoo will be sorry to hear of her death. It Avas found that a delicate surgical operation Avas the only chance to save her life as the result of sickness which developed on Saturday. This was per formed by Mr. W. C. McMacltin and Dr. Rowland on Tuesday, the animal being put under the influence of chloroform. After the operation she appeared to be* doing well, but yesterday morning she became worse and died in the afternoon. Lewis Nixon Resigns. (By the Associated Press.) Elizabeth, N. J., Aug. 13.—Lewis Nixon resigned today as president of the Cres cent Ship-btiilding Company, and Mason F. Chase, of Elizabeth, was elected in his place. Mr. Nixon’s resignation is an incident to the recent organization of the United States Ship-building Com pany, to Avhich his attention will be de voted. The Crescent Ship-building Com pany is a constituent member of the new concern. Prohibitionists’ State Ticket. (By the Associated Press.) Montgomery, Aug. 13.—A complete tick et for Governor and State officials has boon announced by the prohibitionists of Alabama. Rev. W. *K. Gay, of this city, heads the ticket as the nominee for gov ernor. A platform was adopted, re-affirming allegiance to the principles of the na tional Prohibition party. The Schools Closed by Force. (By the Associated Press.) Paris. August 12.—The Commissary at Levine, Finistore, accompanied by a strong body of gendarmes proceeded to day to the village of Gcuzare to expel the Sisters from schools there. The schools Avere defended by a eroAvd armed Avith cudgels and stones. One gendarme Avas unhorsed and the commissary Avas compelled to retreat, but later he return ed with a company of soldiers, who pro tected him while lie closed the schools amid shouts of "Long live liberty.” Kruger and Steyn. (By the Associated Tress.) The Hague, Aug. 12.—Former President Kruger, of the Transvaal Republic, loft Sc'nevenging today after a cordial fare well to former President Steyn, of the Orange Free State. Mr. Steyn is im proving in health. B*lt J niore Secures the Elks, (Bv thf Associated Press.) Salt Lake, Utah, Aug. 13.—Baltimore was chosen as the place of meeting of the Grand Lodge of Elks for 1903, Sara toga Springs withdrawing. Let her be clumsy or lot her be slim, Young or ancient, I care not a feather; So fill up a bumper, nay, fill to the brim. Let us toast all the ladies together! f'7 iCE FIVE CENTS, TUG BLOWN 10 THE BOTTOM 111 II FLUSH Eight Men Are Hurled Into the Water. \ AND FOUR ARE DROWNED The Cause of the Explosion May Never be Known. HER ENGINEER IS AMONG THE DEAD Three of the Rescind Men Seriously Injured. Witnesses Sty the Explosion and the Sinking of the Tug Seemed Simultaneous, (By the Associated Press.) New York, Aug; 13.—The boiler of the tug Jacob Kuppcr blew up today near St. Georges, Staten Island. Four of the crew Avere killed or droAvned. There Avere eight men on the tug and all were blown into the water. Four were rescued. Three are injured badly and one at least is not expected to live. The tug boat sank immediately. The dead: CAPT. HARRY JOHNSON, of South Brooklyn, who was temporarily in com mand of the tug. WILLIAM PURDY, engineer. LEWIS, the cook. LAWRENCE HANSON, deck hand. The iDjured are: Henry Nicholas, fireman, scalded. LaAA'rence Johnson, deck hand, condi tion serious. Christian Gregg, scalded. Edward Lane, slightly injured. Captain Ltindberg was not on board. The cause of the accident Avill probably neA'er be known, as Engineer Purdy is among the dead. The tug sank almost immediately and later a quantity of wreckage and cloth ing and the name board came ashore with the ebb tide along Staten Island. The owners of the tug are G. D. Kupper & Bros. The tug was towing a lighter loaded with cotton from Brooklyn to Staten Is land. The Staten Island ferry boat, J Castleton. was near the scene of the ex plosion Avhen it occurred. Captain Brais ted, of the ferry-boat says the explosion and the sinking of the tug were almost simultaneous. The tug seemed to break in two amidships. The Castleton was at once stopped and boats lowered. Only one man Avas picked up by the Castlet,op> His face was horribly burned and scalded. The other rescued men were picked up by another tug boat. One of the men, a deck hand, named Hanson, was taken to Smith Infirmary and the other to the Marine Hospital on Staten Island. Neither aaus able to give any account of the accident. The lighthouse boat Daisy is at the place Avhcre the tug wont doAvn grappling for the bodies of the lost. The Jacob Kupper was in charge of Captain Henry Lundberg. She was built at Charleston, S. C.. in 1885. Sho was 96 foot long and was of 114 tons gross. She Avas originally named Bristol, but Avas chartered by the government and the name changed to Cheyenne, then 1 back to Bristol and finally to Jacob Kupper. DR B J S&PP IS DEAD. A Prominent Mason, a Patriotic Citizen, a Do votedlChristian (Special to News and Observer.) Kernersville, N. C., Aug. 13. —Dr. B. J. Sapp, one of Kernersville’s most highly esteemed citizens, passed quietly away at his home in this place this morning at the age of sixty-six years. He had been in failing health for some time, but was unable to sit up part of the day last Saturday. He gretv worse Sunday and was unconscious when the end came. He was a prominent Mason, a valuable and patriotic citizen. He has been a practicing physician for over forty years, and at the time of his death was pro prietor of the Sapp Hotel at this place. He leaves a wife and two sons, Dr. L. L. Sapp, of Reidsville, and Dr. C. C. Sapp, of Winston, both leading members in their profession. The funeral services will be held in the Methodist church, of which he Avas a faithful and devoted member, Thursday at 3 o’clock, Rev. D. 11. Coman officiating. Suit Against the Water Board. (By the Associated Pr^ss.) Now Orleans, Aug. 13.—Suits were filed in the State and United States courts to day against the constitutionality of the new law Avhich passed at the last ses sion of the Legislature adding five mem bers to the board in charge of the $14,- 000,000 water, drainage and sewerage im provements. A temporary injunction was issued by Judge Shelby in the United States court prohibiting ihe recognition of the newly created board. The work, however, will he continued without delay by the present board. The Chauncey Fills the Bill. (By the Associated Press.) Washington, Aug. 13.—The Navy De partment was informed today that at the trial of the torpedo boat Chauncey, off the Barren Island course yesterday, she made 28.6 knots, her contract speed be ing 27 knots.