Tlie Weather Today: Partly Cloudy.
The News and Observer.
VOL. LIII. NO. 69.
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THE MINERS' HOPE
IN ONE VAST ONION
Suggestions for Two Organi
zations Opposed.
MITCHELL IS EMPHATIC
Says Separate Organizations are Neither Possi
ble nor Desirable —Rev. Peter Roberts
Follows Him on the Stand—Case
of Non-Union Men.
(By the Associated Press.)
Scranton, Pa., Nov. 19.—After being on
the stand for four and a half days. Presi
dent Mitchell, of the Miners’ Union, com
pleted his testimony at noon today before
the Anthracite Coal Commission. Dur
ing his ordeal he was examined by his
own attorney and those of the Erie Com
pany, the Delaware and Hudson, the Del
aware, Lackawanna and Western, the Le
high Valley, and the Philadelphia and
Reading Coal and Iron Company, and also
by the attorneys of the independent oper
ators. He was followed on the witness
stand by Rev. Peter Roberts, a Congrega
tional minister who has studied the an
thracite coal industry and has written a
book on the subject. He was still on the
stand when the commission adjourned for
the day.
One of the most important things
brought out by the cross-examination of
President Mitchell was his emphatic dec
laration that the miners were opposed
to separating t'he bituminous miners from
the anthracite workers, thus creating two
organizations. He made this reply to *.
question of ex-Congressman Simon Wel
verton, counsel for the Reading Com
pany, as to whether it would not be bet
ter to have separate organizations. Mr.
Mitchell’s answer was that “it would not
bo possible or desirable. The anthracite
mine workers have had independent or
ganizations,™ the past. They have had
several. They have gone. They are not
here now and the m?n do not want any
more of their organizations to go the
same way.’’
Commissioner Wright, as head of the
Department of in his report to
President Roosevelt on the coal strike,
dated June 20. suggested among other
things as “reasonable and just” to pre
vent industrial conflict in the anthracite
fields, that the “anthracite employes
should organize an anthracite coal miners'
union, in its autonomy to be independent
of the United Mine Workers of America,”
hut might he affiliated with it. There
has been some gossip among the small
army of attorneys at the hearings that
Ihc commission possibly may suggest such
a separate union, and the fart that Mr.
Wolverton touched on the matter, shown
that, it is being seriously thought of in
some quarters. What effect Mr. Mitch
ell's declaration will have on the atti
tude of the commissioners, if this phase
of the labor question is taken up by them,
is. of course, not known.
The non-union men, that is, those who
remained at work during the strike, were
made a party to the arbitration plan to
day by their counsel agreeing to make
public the names of the men who peti
tioned the commission. When the attor
neys for the “non-striking workmen,” an
Chairman Gray designated them, and who
number about 2.000, made a demand to
the commission for a 20 per cent increase
in wages with no reduction in hours,
their attorneys desired to withhold the
names of the persons they represented.
The commission, however, decided It could
not be a party to such a plan of se
crecy.
In connection with the non-union fea
ture of the investigation, Mr. Mitchell
announced that he is also representing
thousands of non-union men who struck
with the unionists, and that all the work
men would abide by the award of the
arbitration commission, “or get out of the
union.”
Mr. Mitchell’s testimony today con
tained little that was new to the com
missioners and that of Mr. Roberts was
of a general character, regarding the
economic and social conditions id the an
thracite coal country. The commission
ers, while regretting they have to do
so. are still reminding both sides that
they would like to have the submission
of testimony expedited. Chairman Gray,
several times during the day. interrupter'
and showed that ground then being gone
over already had been covered. It has
hern suggested that counsel for both
sides agree to rules for the submission
of evidence, but nothing has yet been
done looking toward that end.
Dr Troy’s Great Work.
(Special to News and Observer.)
Durham. N. C., Nov. 19.—The following
is a partial report of the work done
by Rev. T. L. Troy, city missionary of
Durham, since March, 1900, at which
time the Provident Club disbanded.
Total amount received for the work.
$668.78; balance expended over receipts.
$28.73. Total. $697.31. Spent for desti
tute persons, $459.47 for medicine, etc.,
for the sick. $58.73; for sending fallen
girls to rescue homes, $199.31. Total,
$697.51. Os the 8697.51, $195.40 came
from the relief fund, leaving $502.11 con
tributed by the city. Os this amount
ten persons contributed $259, leaving
only $243 from the rest of the city.
During the period of two and a half
years, in addition to looking after the
sick and destitute and informing the dif
ferent pastors of members of their re
spective denominations, who have moved
to the city and gathering children into
the Sunday schools. Rev. Mr. Troy, the
missionary, has sent about thirty or
phans to the different orphans’ homes,
and fifteen fallen girls to homes In Co
lumbia, S. C.; Washington, D. C., and
Newport, Va. Most of them have re
formed and are doing well.
THE MORAVIAN SYNOD.
Consecration of the Kev. H- Berkenkager as
Missionary Bishop.
(Special to the News and Observer.)
Winston-Salem, N. C-, Nov. 19. —At
this morning’s session of the Southern
Moravian Synod, principally routine
business was transacted, such as reports
by pastors, Sunday-schools, etc. Presi
dent C. D. Kreider, of Linden Hall Semi
nary, Lititz, Pa., was introduced to the
synod.
This afternoon’s session was devoted to
the consideration of the pastors’ reports
and discussion upon church contribu
tions, Sunday-school needs and sesqui
centennial celebration. Tonight’s ser
vice was exceptionally solemn and in
teresting, being the consecration of Rev.
Hermann Berk-mhagen as missionary
bishop to the Moravian missions in Cen
tral America.
JAMEBTOWN EXPOSITION SITE.
Will be Located on Hampton Boads Opposite
Fort Monroe.
(By the Associated Press.)
Norfolk, Va., Nov. 19.—President
Fitzhugh Lee and the directors of tho
Jamestown Exposition Company, at a
meeting hejd today, selected the site for
the exposition to be hold in 1907, com
memorating the eer centennary o( the
first permonent Anglo-Saxon settlement
in this country, which was made at
Jamestown in 1607. The site chosen is on
Hampton Roads. directly opposite
Fortress Monroe. The tract contains 330
acres, with a long stretch of water front.
FRIES GOES TO GREENSBORO.
To Join Cotton Mill Merger Committee Which
Meets There
(Special to the News and Observer.)
Winston-Salcmn, N. C., Nov. 19.—Mr.
H, E. Fries went to Greensboro tonight
to meet his committee which is arranging
to combine. the largest cotton mills in
the South. This meeting was to have
been held at Charlotte, but was eh !need
on account of Greensboro being more
centrally located.
Notes of Progress at Durham.
(Special to News and Observer.)
Durham, N. €., Nov. 19. —The contract
for heating the new municipal building
was awarded to the Smith-Courtney Com
pany of Richmond, Va. The board of
aldermen has instructed the market
committee to sell the site upon which
the present old market house is situated,
possession to be given when the premises
are vacated.
Morehead Avenue was ordered to be
macadamized its full width from Duke
street westward to the stables of Mrs.
L. L. Morehead.
Revs. J. W. Wellons and A. P. Barbee
have gone to Rockingham county to at
tend the North Carolina and Virginia
Christian Conference. Rev. Mr. Wel
lons has attended some three or four
conferences lately.
Cigarette Cost Him $17.80.
) (Special to News and Observer.)
Elizabeth City, N. C., Nov. 19. —The
most expensive cigarette ever smoked in
North Carolina or probably in any State,
was the one smoked by W. O. Saunders,
the boy editor of the Tar Heel, two
months ago. It will be remembered that
Saunders spent forty-five minutes in the
lock-up. and upon his release stated his
intention to appeal to the Supreme court.
He was allowed the time in which one
is allowed to arrange for an appeal to
pass, and yesterday he was again called
into the Superior court. This morning
he forfeited the sum of $17.80 for the
offense.
Died Under Faith Cure Treatment.
(Special to News and Observer.)
Wilmington, N. C., Nov. 19.—A story
reaches here that a son of Mr. P. T.
Adam, of Brightsville, Marlboro county,
S. C., was sent home to his parents this
week from Marion, a corpse. The young
man was attacked with typhoid fever
near Marion, where he worked. He
went under the care of a “faith cure
school,” and those in authority refused
to send for a physician. The young man
died and a prosecution may follow.
General Gordon to Lecture.
(Special to News and Observer.)
Wilmington, N. C., Nov. 19.—General
John B. Gordon’s appearance here tomor
row night to deliver his great lecture.
“First Days of the Confederacy,” will
be made the occasion of a grand rally
of the veterans of the Civil War in this
vicinity. Cape Fear Camp No. 254,
United Confederate Veterans, is ar
ranging for General Gordon's entertain
ment while he is in the city, and will
pay, him marked attention.
His Hand Crushed.
(Special to the News and Observer.)
Fremont. N. C., Nov. 19.—Ashley
Miggs, a young man, while feeding a rot
ton gin at Pinkney yesterday, had his
left hand bodly crushed.
Fremont Academy now has 120 pupils
on the roll.
The installing of the machinery at tlm
oil mill is being rapidly pushed forward-
A car of machinery is received at the
mill almost daily now.
RALEIGH, NCRTH CAROLINA, THURSDAY MORNING, NOVEMBER 20, 1902.
PLAYED WITH HEARTS
The Coarse and Brutal Con
duct of Three Brothers.
Two on Trial for Blasting two Sisters’ Livet —
The Younger Fined for Assault With
Intent to Rap?.
(Special to tho News and Observer.)
Rutherfordton, N. C., Nov. 19. —One of
the most sensational trials to be recalled
in this part of the State was called in
the criminal court here yesterday morn
ing—the case against John McMahan. 21
years old, charged with the seduction
of Miss Daisy McArthur, a pretty 18-
year-old girl, living in the lower part
of the county. The trial has consumed
two days, the court-house being crowded
each day by many spectators. Miss Mc-
Arthur told a pitable story on the stand
today. She told how McMahan
had made love to her, producing his
love letter, which were read in open
court by her attorney. She said Mc-
Mahan promised so faithfully to marry
her that she could not help believing
him. She said the child was now nearly
two years old.
Five speeches were made today. Judge
Hoke will charge the jury tomorrow
morning, and the verdict is expected
about noon.
The case against Lester McMahan,
older brother of John, charged with the
same offense by Miss Florence Mc-
Arthur, sister of Daisy McArthur, will
be called Immediately after tho jury
takes the case of John McMahan. The
third brother, 14 years old, whose name
was on the docket charged with an as
sault with intent to rape, assisted by a
boy friend, named Reid, plead guilty.
Being young the solicitor drew' a differ
ent bill and the judge fined the two boys
fifty dollars and costs. While the evi
dence and sentiment are against the
boys in the seduction cases, their attor
neys expressed a hope that they will be
acquitted.
THE rUBLIC WANTED A 80N.
Bat lo! a Girl is Born Into the Italian Royal
Honsebold.
(By the Associated Press.)
Rome, Nov. 19. Queen Helena was
accouched of a daughter this morning.
The mother and child are announced to
be doing well. The new princess w ill
be named “Mafalda.”
The accouchmcnt occurred a month
earlier than was expected. The King
yesterday was shooting on the Island of
Monte Christo when he was suddenly
summoned home. He immediately
boarded a yacht and was landed on the
beach In tho neighborhood of Rome. As
there were no debarkation conveniences
the King was carried ashore on the
backs of sailors. A motor car was in
waiting and he soon reached the palace.
The birth of another princess instead
of an heir to the throne is a great public
disappointment.
United States Ambassador Meyer was
the first outsider personally to con
gratulate the King. The sovereign was
in excellent spirits. He declared he
was satisfied with another daughter, and
said the Queen and the child were doing
well.
The child born to the King and Queen
of Italy today is the second daughter,
the first. Princess Yolands Margherita.
having been born at Rome June 1, 1901.
KENILWORTH INN BROUGHT 850,000.
Purchased by Joseph Gazzam, of Philadalphia--
Lumber Men's Convention.
(Special to the News and Observer.)
Asheville, N. C., Nov. 19.—Kenilworth
Inn was sold today under foreclosure of
mortgage at public auction. The prop
erty was purchased by Joseph M. Gaz
zam, of Philadelphia, for $50,000. Mr.
Gazzam was the only bidder. The mort
gage held by the Girard Trust Company
against the Kenilworth Inn property
aggregated about $125,000. Mr. Gazzam
is trustee of the Kenilworth Land Co.,
and it is understood that tho property
has cost him really about $90,000- He
stated that it was his purpose, if the
order of sale was confirmed by the
courts, to have Kenilworth Inn kept
open the year round.
As a result of yesterday’3 meeting o.’
tho Hardwood Lumber Men. it is pro
posed to have the Lumber Men’s con
vention here early next summer. It Is
proposed to make the convention one of
the largest ever hold in the interest of
the lumber industry in the South.
Wm. L. Creasman, who is wanted here
to answer to the charge of rape, and for
whoso arrest the Governor has offered
S2OO reward, has not been captured.
University Historical Society,
(Special to News and Observer.)
Chapel Hill, N. C., Nov. 19.—The His
torical Society of the University of North
Carolina, presided over by the venerable
Dr. K. P. Battle, held its second meeting
in Gerrard Hall last evening. Mr. R. B.
Collins delivered an elaborate treatise
upon the life of General Ramseur, and
Mr. Sloan vividly described the life of
North Carolina’s greatest chief justice.
Judge Ruffin.
Mr. G. W. Graham spoke of the capture
of Fort Fisher, and Mr. E. L. Sawyer
read a forr dul paper touching the life of
Governor IN illiam A. Graham.
The meeting was closed with an ex
cellent address by Dr. Battle upon “The'
Sale of North Carolina Escheated Mili
tary Warrants.”
CANAL TO HITCH
State Department and Colum
bia Disagree.
Differences Have Arisen Which Must be Recon
ciled Before Treaty can be Drawn —
Hay Takes Strong Position,
(By the Associated Press.)
Washington, D. C., Nov. 19.—Differ
ences have arisen between the State De
partment and the Colombian government
which may delay an agreement upon the
terms of a canal treaty beyond the term
in which it had been expected to conclude
the treaty.
Secretary Hay has furnished the Colom
bian minister, Mr. Concha, with a mem
orandum setting forth the position of this
government, which was prepared by the
secretary after he had received a similar
memorandum from Mr. Concha, defining
the Colombian position.
There are differences between tho two
which must be reconciled before a treaty
can be drawn. It has been believed until
now that all was favorable to a speedy
conclusion of an understanding between
the two governments. It is apparent
that Mr. Hay has taken a firm position
and did not adopt all the terms pro
posed by Mr. Concha or some especially
desired by the Colombians. It has been
that the discussions which
have been held during the pendency of
the negotiations have touched more upon
what is regarded by the government as
less important matters of consideration
that upon the material point involved.
It is assumed that Mr. Concha will re
fer the points of variance to his govern
ment and thus time will be consumed
as It will take several days to get a
reply from Bogota to hi 3 inquiries.
A DULL THUD COMING
It Will Mark the Fall of Shaffer—Autonomy
m Trades Councils’ Fight.
(By the Associated Press.)
New* Orleans, Nov. 19.—The special
committee appointed to consider the
charges made by President Shaffer, of the
Amalgamated Association of Steel, Iron
and Tin Workers, against President
Gompers, of the American Federation of
Labor, will report tomorrow. It will
-y-rnitnato in the exoneration of President
Gompers. Mr. Shaffer has not only failed
to substantiate his charges, but the mem
bers of the committee are authority for
the statement that he never has made
any, to that body at least. He lias ap
peared before the committee, and when
he came away, declared he had presented
his charges. The committee says he did
not formulate them. In the absence of
direct accusation there can be but one
end to the investigation.
The convention today wrestled with
the subject of the autonomy of trades
councils, and the matter was not ex
hausted when the adjournment was taken
at 6 o’clock. The chief fight of the day
came in the old struggle between the
United Brotherhood of Carpenters and
Joiners and the Amalgamated Associa
tion of Carpenters. The former organiza
tion asked for the revocation of the
charter of the latter because of alleged
practices contrary to the interests of the
mule union movement, its avowed object
being to force the other organization into
its own ranks. After several hours of
debate, the matter was referred to a com
mission of eleven, five from each organi
zation, ind‘an umpire to be mutually se
lected. The commission is to meet on or
before March 1, 1903, and endeavor to
bring about an amalgamation of the two
organizations.
The faction in the convention which is
opposed to the re-election of President
Gompers has as yet been unable to fix
upon a rival candidate. Vice-President
James Duncan has refused to commit
himself in either direction and President
James M. Lynch, of the Typographical
Union, is now spoken of as a candidate.
CLEVELAND DUCK*HUNT ENDED.
The Fx-Pretident and Party Return Home
Sooner Than Expected.
(By the Associated Press.)
Norfolk, Va., Nov. 19.—Ex-President
Grover Cleveland and party returned to
Norfolk this afternoon from the pre
serves of the Back Bay Gunning Club,
where they had been clucking as the
guests of Joseph Seelinger, of this city,
president of the club-
Mr. Cleveland’s return was unexpected
as he Intended to remain at tho marshes
for a few more clays. After lunching
with Mr. Seelinger in this city, the ex-
President and party left for New York
on the New York, Philadelphia and
Norfolk route. A large hamper of game
was forwarded to Mrs. Cleveland, at
Princeton, by express.
Fell and Ditd in the Water.
(Special to the News and Observer.)
Windsor. N. C.. Nov. 19.—A stranger
who conducted himself well, giving the
name of C. D. Darbcn, arrived here last
Thursday night and procured work as a
carpenter on tho new depot now being
built by the Wellington and Powellsville
Railroad. This morning just after be
ginning work he absented himself from
the other workmen until it aroused
alarm. A hasty search was begun and
soon his body was found lying face
downward projecting over the bank of
the river, with his head and shoulders
in about two feet of water. It is be
lieved that he had some' sudden
illness, probably an epilepitic fit.
Mr. Darden seems to have friends
or relatives in Richmond. Va.;
Norfolk, Va., and Rocky Mount, N. C.
His receipts showed he had paid house
and he paid lodge dues at some point,
not dated on receipts to W. J. Myers,
financial secretary Jr. O- U. A. M., on
September 9, 1902.
Later.—Wire has just been received
from Volfe Lipeitz to ship the body to
Edenton, N. C.
THE BREESE-DICKEKSON CASE.
The Famous Asheville Bank Defaulting Case
m Charlotte To-day.
(Special to the News and Observer )
Charlotte, .N C., Nov. 19.—Tomorrow
the celebrated Breeze-Dickerson-Pen
land Asheville Bank case comes up for
trial. Judge McDowell, of Virginia, will
sit with Judge Bond in trying the case
in the Federal Court.
For the defense the attorneys are
Judge Chas. Moore, Senator Pritchard
and Jones and Tillct, of Charlotte. For
the prosecution appear District Attorney
Holton, Assistant A. H. Price and ex-
Judge W. P. Bynum. The defendants
are W. E. Breese. former President of
the First National Bank of Asheville;
J- E. Dickerson, a director, and W. H.
Pcnland, cashier.
This is the third trial of Breese and
Dickerson, who are charged with de
frauding the bank of $263,000 in July,
1897. Os this sum it is alleged that
Breese got $114,000, Dickerson $67,000
and Penland $82,000. The first trial of
Breese and Dickerson resulted in a con
viction with a sentence to the peniten
tiary for ten years, but the Court of Ap
peals granted their petition for a new
trial. Penland has his first trial this
term. Tim defendants are accused of
robbing the bank- through a system of
overdrafts and then secured worthless
! signatures to notes and realized on them
through tho bank’s endorsement. They
declare that they had no criminal intent
but simply were unable to realize on
bona fide notes.
Blackburn to Hang out a Shingle.
(Special to the News and Observer.)
Winston-Salem, N. C., Nov. 19.—Con
gressman Spencer Blackburn is here on
his return from Washington lo NVilkes
boro to close up his campaign head
quarters. He has decided to locate in
Greensboro and engage in the practice
of law, after his marriage to Miss Par
ker, daughter of Col. Parker, the million
aire capitalist of Washington- It will be
a home wedding and will be celebrated
on December 20th. It is certain that
Mr. Blackburn will not contest the clee-
I tion of Congressman Kluttz.
O’Brien and Hart Fight to a Draw
(By the Associated Press )
Philadelphia, Nov. 19.—Philadelphia
Jack O'Brien and Marvin Hart, of
Louisville, went six fast rounds to a
draw at the Penn Art Club tonight.
O’Brien had the better of the go in the
earlier rounds and in the fifth he fioored
Hart for eight seconds. In the sixth,
however, O’Brien himself went down and
took six seconds to recover.
Child Dies of Burns.
(Special to the News and Observer.)
Dabney, N. C., Nov. 19.—The four
year-old daughter of Mr. Jack Satter
white, living near here, died of burns
received, death occurring a few- hours
after the accident. The child’s clothing
caught from a fire beneath the wash pot.
ON RETIRED LIST.
Col- W B. Rodman Will not Stand for Re-elec
tion in December.
It is understood that Col. W. B. Rod
man, in charge of the Second Regiment
of the State Guard will not stand foi
re-election in December when the bi
ennial election of officers of the State
Guard takes place. He, is is said, will
ei.k to be placed on the retired list after
his service of twenty years in the State
Guard.
MR LATTA'S SUIT.
He Asks for Damage* to the Amount of
860,000.
Some time ago it was announced that
Mr. C. G. Latta, of this city, would enter
suit for damages against the company in
New York by whose electric street car
he was so badly hurt some* months ago.
This has been done, the damages asked
i being $60,000, the suit being brought In
the United States Circuit Court in New
York city.
Wreck Delays Trains.
i
Freight No. 21, of the Seaboard Air
Line, due in Raleigh at half past seven
yesterday morning, left tho track at
Housom, some thirty miles north of Wel
don, about 3 o’clock yesterday morning.
It is understood that a broken axle
caused the trouble. Conductor Cox, of
Raleigh, was in charge of the train.
Fortunately no one was hurt in the
werck.
The repairing of the track and clear
ing of wreckage put the passenger
trains behind time, and these arrived in
Raleigh a number of hours off schedule
time.
Greensboro, N. C., Nov. 19.—The Huco
muga cotton mill started up today with
fifty looms. Mr. Clarence N. Cone, whe
is the largest owner of the new enter
prise, states that he hopes to have the
remainder of tho 144 looms of the mill
running by next Monday. Mr. J. H.
Denny, who was superintendent of the
mill before it was shut down a few
months ago on account of litigation, has
been made superintendent of the mill
under its new management. The yarns
and all oth«r materials necessary to run
the mill with all its looms have been
ordered and are on the way here.
VIIICE FIVE CENTS.
IDE METHODISES
MEET II! MONROE
Western North Carolina Con
ference Opens.
BISHOP SMITH PRESIDES
/ - J
The Reports of tho Presiding Elders Show Gains
in Accessions to the Church and Money
Raisfd for Benevolent
Causes
(Special to News and Observer.)
Monroe, N. C.. Nov. 19.—This morning
shortly before ten o'clock in the elegant
new brick Methodist church, the Western
North Carolina Conference was called to
order by Bishop A. Coke Smith, who pre
sides, for the first time since his eleva
tion to the bishopric, over the thirteenth
annual session of the body.
The opening devotional exercises were
conducted by Bishop Smith, who made
remarks appropriate to the occasion.
The roll call showed nearly all lay as
well as clerical members present. Rev.
W. L. Sherrill was re-elected secretary.
Communications from the various boards
were presented and referred.
The usual committees wore appointed,
after which Rev. C. F. Reid, a mission
ary from Korea, was introduced and
made an interesting report of mission
Work in China and Korea. Rev. G. P.
Watson, of the South Carolina Confer
ence and others were introduced, after
which the eleven presiding elders were
called and characters passed under ques
tion twenty, and all submitted reports,
which were very encouraging and showed
considerable gains in accessions to church
membership, and money raised for benev
olent causes.
After announcements the conference
adjourned with benediction by Rev. M. H.
Hoyle.
This afternoon Rev. G. P. Watson, of
South Carolina, preached an excellent
sermon in the conference room, and to
night the Epworth League and Sunday
school anniversary was hold and several
interesting addresses were delivered.
This is the first time Monroe has en
tertained the conference, but it is quite
"qual to the task, and all indications
point to a pleasant and profitable ses
sion, which will probably come to a
close next Tuesday.
NOT A PARIY TO ALLEGED
MERGER OF SOUTHERN ROAEB
Chicago, Indianapilis & Louisville Disclaim
any Combination as Alleged by Kentucky
Railroad Commission.
(By the Associated Press.)
Washington, D. C., Nov. 19. —The Chi
cago, Indianapolis and Louisville Rail
way Company today filed with the Inter-
State Commerce Commission its answer
to the complaint of the Kentucky State
Railroad Commission regarding an al
leged merger of Interests among the
railroads in the South. The answer de
nies that tho road is a party to any
it the combinations alleged or to any
of the contracts, arrangements or agree
ments alleged in the complaint. The
answer denies that either the Kentucky
Commission or the Inter-State Commerce
Commission has jurisdiction in the case,
it says the complaint fails to show that
iny of the defendants have Violated, or
propose to violate the lifter-State Com
merce Acfr or any Act of Congress or
my Federal law, in the absence of which,
the answer says, the complainant com
mission is entitled to no relief what
ever. As to whether J. P. Morgan &
Company has become either legal owner
or trustee for the owners of the stock
; n the defendant companies, and has so
ured practically the management and
iperation of their affairs, the answer
,=:ays the Chicago, Indianapolis and Louis
ville Railway has no knowledge that
would enable it to admit or deny this
charge, and therefore leaves complainant
to prove it. The same answer is made
to the allegations as to the acquirement
>f the majority of the Chicago, Indian
apolis and Louisville stock by the Morgan
Irm, for and in the interest of the Louis
ville and Nashville railroad, and of the
Southern railway, and as to the acquire
ment of various railroads anq the con
solidations of certain lines by the other
defendants, as alleged.
The Chicago, Indianapolis and
ville, howevqr, avers that even if it be
true, as alleged, that the majority in
control of its stock was acquired and i 3
now held in trust by some one for the
two other roads mentioned above, no at
tempt has ever been made by such al
leged majority to holders to change the
management of the board of directors of
the answering company, nor to increase
nor control the rates of the company in
the interest of ar.y of the defendants,
ind that the persons constituting the
majority of the directorate In May, 1899,
continue to control its affairs. The an
swer further says that the passenger
rates from Chicago to Louisville and
'ntermediate points and from Chicago
over the Chicago, Indianapolis and Louis
ville, to the Ohio River and thence to
points south of that river have not been
increased, and says that no connecting
lines participate in making its through
freight rates from Chicago to points
south of the Ohio river. It is denied that
the alleged majority stockholders ever
have attempted to control or change or
interfere with the rates, and says the
■ompany’s rates have been made without
I any interference whatever.