Tlie Weather Today: Partly Cloudy. The News and Observer. VOL. LIII. NO. 69. ILissi'iDs ®DD IfSsitpftDn ©SQCP®DOm® DDsißQv [Paupstps Bob [Bqd'QDd Kl®«y® amnofl @B[PffiODDai{lo®on 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.