North Carolina Newspapers

j T H* WE4THI* TO-DAY: t f For North Carolina: t l FAIR. 1 * ♦»»» **+-» 4 VOL. LIV .NO. 152. Leads all North Carolina Dailies in Hews and Circulation. FINCH’S CHARGES ARE UNFOUNDED President Bryan Makes Demurrer and Answer in Atlantic and North Carolina Railroad Receivership Matter. . NOT A STOCKHOLDER So it is Declared of Finch. The Desire of Various Parties to Lease it Prove that the Road is Not in the Bad Condition Described—ls so. Why Did Finch Invest His Money? Con tracted for Stock to Put the Road in the Hands of a Receiver. Judge Simnton will ( bc in Raliegh on March 10th to hear the application of the owners of the Atlantic and North Carolina Railroad to control their own property, for that is the plainissue that is involved. He has requested Judge Puryell to sit with him. Most of the offi cials and attorneys of the road are con fident that, when the issue is clearly presented and the facts before the court, the receivership will be closed and the property turned back to the management of its owners. Yesterday the attorneys for the State and the Atlantic and North Carolina Rail road filed their demurrer and answer. Usually court pleadings are dull reading and not interesting &o the business man not posted in legal phrases. But the an swer in this ease is different. It is a clear and direct answer to the allegations of Finch, showing that he had no right to ask the appointment of a receiver in the first instance, and that the rad is in such good condition that various parties wish to lease it, and that all the allega tions in Finch’s application are either erroneous or misleading and based upon unsupported rumor. Because of the far-reaching importance of this matter below is printed the full text of the demurrer .and answer. The full text of the application has already been published. The demurrer and an swer are as follows: In the Circuit Court of the United States for the Eastern District of North Caro lina. Sitting in Equity in Raleigh. K. is. Finch, in behali of himself and of all the ether stockholders of the Atlantic and i.orth Carolina Railroad Company, Complainant, / against The Atlantic and North Carolina Rail road, Defendant. Demurrer and Answer. The demurrer and answer of the de , fondant the Atlantic and North Carolina Railroad Company to the bill of com plaint, filed in the above entitled cause. THE DEMURRER. This defendant, by protestation, not confci-sing or acknowledging all or any of th.' matters or things in the said bill of complafbt contained to be true in 3uch manner and form as the same are herein set forth and alleged, demur* to the said bill. And for causes oi demurrer, shows: 1. That it appeal's by tue complain ant's ov. n showing by the said bill, that he is not entitled to the relief prayed by the bill against this defendant. 2. That it appears by th >. complain ant's own showing by tbs said bill, that he is not entitled to the relief prayed by the bill against this defendant, for that: 1. It appears from said bill that it is brought by an alleged stockholder iti the defendant corporation against the corporation founded on a right which might be properly asserted by the cor poration, and docs not contain an allega tion that the complainant was a share holder at. the time of the transaction of which he complains, or that his share devolved on him by operation of law since the commission of said acts, and it does nut appear that the suit . not collusive to conft r on a Court of th:.* I nitc-d States jurisdiction of a rase of which it would not otherwise have cognizance. (2) The bill ot' complaint docs no* set „forth with particularity the efforts of tbe complainant to secure such action a- h desires on the part of the managing ill rectors or the shareholders and the ir.use of his failure to obtain action. (3) For that it does tfht appear from the bill of complaint that the defendant corporation or its v directors have been reqi: sted to bring 'any suit cn account of the matters and things alleged in the said bill of complaint and that they have I t fused so to do. THE ANSWER. And the defendant answering tlio bill of tompaint filed in the above entitled cuus»’, say*: Saving clod reselling to themsedves the benefit of all exceptions to the errors and Imperfections in said bill contain-d, for answer to eo much thereof as they are advised is neces The News and Observer. sary or material for them to answer unto, do aver and say: , 1. That ihe alegations contained in paragraph one of the bill of complaint are true. 2. That it is not true, as alleged in paragraph two of said bill of complaint, that the amount in controversy in this suit is of more than $2,000 in value' ex clusive of interest; but on the contrary, d( fendant avers that the sum or value of the amount in controversy in this suit does not exceed $1,575, and if the 'receivership is continued in this cause, will grow continuously of less and less value. 3. That upon information and belief, it is not true, as alleged in the third paragraph of the bill of complaint, that the complainant is a stockholder in the defendant company, and is the owner of 45 shares <tf stock of said corporation of the par value of $4,500, but on the other hand defendant is informed through its Secretary and Treasurer, who is in charge of the books of said corporation, that the complainant’s name does not appear upon said books, nor is complainant a a stockholder of record in said company. And further answering, the defendant says that while each share of the capital stock of the defendant company is of par value of SIOO each, yet upon informa tion and belief defendant avers that none of its capital stock has ever sold for (Continued on. Page Tln-ee-) THEYApR 1 Tobacco Farmers and Toilers Under Heel of Trust. (By the Associated Pre*s.) Washington, D. C.. March 4.*—The House today had under .consideration the Agri cultural Appropriation Bill, the reading of which for the purpose of amendment wr.s pending on adjournment. During the general debate on the bill Mr. Martin, a Republican member from South Dakota, addressed the House on his resolution di recting the Secretary of Commerce and Labor to investigate the causes for the differences which exist between the cost of live cattle and ilre&sed beef. He pre faced his statements with a high tribute to Attorney General Knox and by saying that he was not one who went into hys teria on hearing tho word trust. But, while this was true, he believed that a monopoly exists in one of the big food products which should be investigated by the Department of Commerce and Labor. He reported opposed a repeal of the for feiture clause in the Sherman anti-trust law. * Mr. Stanely, a Democratic member from Kentucky, made an urgent appeal for re lief at the hands of Congress for the tobacco growers and the toilers in the tobacco fields, and complained that com petition had been destroyed by combina tions of capital. The grower could not go to England as there was but one company there he said and there was no competition in this country. Mr. Stanley reviewed the his tory ot :h? America Tobacco Company and complained of it* control. He declared that the American and the Imperial com panics parcelled out territory in this end other countries in which the buyers for France, Spain and other European com panies purchase adding that no other buyers will purchase in those s c tions. Mr. Hedges (Rep., la.L entertained the Hotlse with a few humorous thrusts at the ‘‘lowa idea,’’ which h« opposed, and some serious remarks on Republican pol icies. Mr. Robinson (Dora., Ind.i, in closing the general debate on the Indian bill declared that a monopoly exists in tho coal business in the Indian Territory, and expressed the belief that the subject should, he investigated by the Depart ment of Commerce and Labor. The House confirmed the right of JVJ- Sims (Den .. Tenn.), to his seat. A Re’ publican had contested It. Washington, D. C., March i.—Practi cally the entire time of the Senate to day was given to the consideration of the question of the selection of a site for a naval training station on the Great and most of the Senators from the States boidering on the lakes participated in tlu discussion. The controversy arose over an effort (o secure as an amendment to the committee amendment a provision au thorizing the appointment of a new com mission to select a site. This amendment was offered by Mr. Quarles, and its origin was due to the fact that a former commissioner had given preference to Lake Bluff, in Illinois. Th* committee amendment was so modified as to make it apply to all the Great Lakes and not alone ’ KALEMH NOKih CAROLINA, AT UK l>4 V MARCH 5,1^04 to Lake Michigan, but Mr. Quarles’ amendment tvas not acted upon and will be considered tomorrow-. NINE MURDER CASES. Judge B. F. Long Holding Madison Criminal Court. (Special to News and Observer.) Asheville, N. C., March 4. —Judge B. F. Long, of Statesville, is holding the pres ent criminal term of Madison County court. There are nine murder cases on the docket, but they Will not all be tried at this term. The murder trial of State vs. Fred Avery is in progress .there today. Avery, a col ored boy. killed another negro named Joe Bryant at Hot Spring* on Saturday, Jan uary 16. After the shooting Avery was arrested and taken t p the Marshall jail for fear that the negroes would attempt to lynch him. It was said at the time that the feeling against Avery was in tense and that had he not been removed he would never have been fried by a court. The grand jury at Marshall yesterday returned a true bill against the Southern Railway Company and the Southern Ex press Company, who are charged with violating the law by receiving packages of liquor for delivery in Madison county. The case was first tried before a justice of the peace several weeks ago and a bill was sent before the grand jury with the resuk that a true bill has been found. It is not known whether or not the case will come up for trial at this term of Madison court. About a year ago the postoffices at both Waynesville and Canton, in Hay wood county, were entered and robbed of hundreds of dollars’ worth of stamps and otheif government property, the offices at Waynesville being the heaviest loser. About a montli ago or nearly a year after the robbery occurred, the children Fort GENERAL VIEW OF THE TOWN AND HARBOR OF VLADIVOSTOK. The tow-n of Vladivostok, against which tho Japanese appear to he getting ready to make a combined attack by hmd and by water, is the eastern terminus of Russia’s Transsiberian railway. It is admirably located for de fensive purposes, and with the same amount of money expended upon it might he made as nearly impregnable as Port Arthur, although it, of course, lacks the strategic advantage given to Port Arthur by the I.iautorig peninsula. The fort on the high hill at the extreme left i? e pupped with very heavy guns and ea;i easily sweep ihe entire har bor. Each of the hills farther to tho right and mu h point of land is furnished with a fort or a battery, as Russia regards Vladivostok as being of greater importance to her even than Port Arthur. of Graves Osborne, who lives at Clyde, j a station not far from Woynesville, were pteving in a field in the rear of Mr. Os borne’s property and found a large quan tity of stamp books empty. It is the general supposition that this was the, nfoperty stolen 'from the Waynesville and ! Canton offices, and that the robbers, atter removing all the stamps, placed the j books in a sack and carrying them to an old field, dumped them there. A re- ; ward of SI,OOO was offered for the capture of the robbers. Suit May Follow Small Pox Scare. (Special U» News and Observer.) Oxford. X. C., March 4. —Considerable interest was aroused here yesterday by the detention o? a passenger who boarded the train a> East Durham en route for Dabney. The man had an eruption on his face which aroused suspicion of a doctor at Stem, who telegraphed to Dr. Sam Booth to meet the train at Oxford and find out whether the lpox or not. Dr. Booth met the passenger and es corted him to his office up town and pronounced the eruption a simpe eruption different from smallpox. In consequence of the detention here, the man failed to make connection for Dabney and threat ened to bring suit against the town of Oxford. National League Schedule. (By the Associated Press.) New York, March 4. —With the adop tion and annnouneement of the schedule of playing dates for the season of-. 1004, the representatives of the National League baseball clubs finished theia- an nual spring meeting this evening. The j National League schedule was given out tonight. Like the. American the National I League has arranged what is known as a "three trip'" schedule, the eastern clubs making the initial trip first tb western territory. The season will open on Thurs day, April 14, and close October 8. A woman dresses to please others and eats to satisfy herself. THE BULL OF THE BRUSHIES ROARS Figuratively He Tosses Blackburn Sky-High. WHO IS THE COWARD? A Charge of Unfaithfulness Directed Against the Zig-Zag Monarch o1 the Peaks Arouses Him to Make a Stinging Reply. (Special to News and Observer.) Statesville, N, C., March 4. —The fight for Republican nomination a* a candidate for Congress in this district grows warm. Yesterday ex-Congressman Linney was here and the News and Observer reporter asked him if he had seen the statement made by Spencer Blackburn at Lenoir last week when the latter said that Lin ney had not been faithful to his party, and was responsible for his defeat by Congressman Kluttz in the last election. As soon as Linney read what Blackburn had said he flushed up and said to your correspondent: •’Come in the hotel and I will dictate ) a report.” He did so and as follow*: ‘‘There are two sorts of warfare, one a war of bayonets, the other of opinions. The lowest human being iri the street gutters can be trained to make good bayonet bearers; stiff it requires superb courage to make a formidable army of bayonels. When Generals Joe Wheeler and Shafer were resting with their arms in front of the Spani-h at Santiago. If i Shatter, upon the approach of the army, j had thrown down Ins flag ar. d Wheeler) had courageously and defiantly kept lii.s i up, Wheeler would have been canonized \ as' a saint, while Shatter would have j been shot for his dastardly conduct. In the last campaign for Congress in | t!, ; s district Mr. KlutU sp <k >at Jeffer son, the home of Mr. Blackburn, to a vast audience, supposed to be two thous and voters. At the urgent request of our executive committee I went to Jefferson ar ,i followed Mr. Kluttz in a speech of an'hour and a half, vhile Mr. Black burn. it was said was jo if on sonic little creek in his own county. “At the close of iw speech the Hon' Hugh Wilbern, himself a courageous pa- i triot with a great many ethers equally a- patriotic, came upon the stand and btc rally > showered their congratulation upon me. Had I been the colore-bearer of my party and Mr. Kluttz or any other , Democrat in tbe " taU ' of N ° rth , Cf,ro]v,n . had challenged me at ray own .vmv and d r l ad refused I would have been in the j position of Shafter in. the illustration ; given and would have been court mar tin led and shot for desertion as a party leader, j Y«i Blackburn, according to the Lenoir 1 Nr vs. questions nfy loyalty to the party, j I most emphatically dmy the sratemen. I vclcd for him and remain loyal to his j party. , .■ .... , anl the candidate of the party h , Executive Committee find- , and the State Blackburn to r.u r it necessary s j,all gracefully doff my ! i my ant agon - to him the party colors ' 1 hat and tui n ' hat am too cowardly ! ‘ uj-on the S of nlv party or ! to betar the e enough to meet ! haven’t gat intelUS 1 the foe.” SPRING BUSINESS SPRINGINGHIGHER Despite Exalted Price and Prone Mercury. RETAILERS UP TO EYES Plans Submitted for Numerous Build ing Operations. Prospects Bright en Out by the Golden Gate Where Much Needed Rain Has Fallen. (By the Associated Press.) New York, March 4-—R. G. Dunn & Company’s weekly review of trade tomor row will say: Business continues to improve despite the difficulty of low temperature and high prices. Weather conditions have been singularly unpropitious, deep snow re tarding distribution of merchandise and excessive cold delaying the opening of spring trade and structural work. Yet re tailers are making extensive preparations and plans are submitted for numerous operations. Prospects have improved on I the Pacific coast, where much needed rain j has fallen, and reports from the South I indicate exceptional prosperity. Buyers continue to arrive at the leatiiag markets, but the volume of trade is restricted by high ju ices, particularly for cotton goods. Railway earnings for February were 2.2 per cent, less than last year, bad weather restricting traffic. An abundance of buyers in ihe dry goods market failed to produce any large volume of business, although there is a disposition to advance bids. Recovery in the raw material corrected whatever tendency there was last week to make concessions on forward business, and the average of cotton goods is at the highest point of the season. This natural ly checks operations for the future, par ticularly in export trade, which is very dull. Failures this week in the United States are 236, against 229 the corresponding week last year- COMPARATIVE COTTON STATEMENT. New York, March 4.—For the week end ing-Friday, March 4th, 1904: Net receipts at all United States ports during week, 72,297: net receipts at all United States ports same week last year. 149,935: total receipts since September Ist, 6,418,460; total receipts to same date last year, 6,716,070: exports for the week. 96,456: ex perts for same week list year, 159,170; total exports since September Ist, 4,906.240; total exports same date last year. 5,154.592; stock at all United States ports, 537.139; stock at all United States ports same time last year. 797,116; stock at all interior towns, 328,874; stock at all interior towns same time last year, 291,541; stock at Liverpool same time last year, 610.000; stock of American afloat for Great Britain same time last year, 216,000. COTTON RECEIPTS. New York, March I.—The following arc the total net receipts of cotton at all port* since September Ist: Galveston, 2.191,542; New Orleans, 1,712.108; Mobile, 187.373; Savannah. 1.954.813: Charleston. 145,458; Wilmington, 315,966; Norfolk, 419.610; Baltimore. 22.294; New York, 82.507; Boston. 16,681; Newport News, 11,013; Philadelphia. --,151; Bruns wick, 89,683; Pensacola, 110,311; Port Ar- thur, 55,316; Port Townsend, 26,636; San Francisco, 1a,652; El Paso, 400; Eagle Pass, 4,143; Laredo, 4,440. Total, 6,148,460 | bales. MOVEMENT OF COTTON. New York, March 4.—The following Statistics on the movement of cotton for the week ending Friday, March 4th, were compiled by the New York Cotton Ex change: This Last Weekly Movement. Year. Year. Port Receipts 74,080 146,075 Overland to Mills and * Canada 26,599 18,790 Southern Mill Takings (es timated) 47,000 47,500 Loss of Stock at Interior Town.'j 15.672 23,267 Brought into Sight for the week 132,007 189,098 Total Crop Movement, Port Receipts 6,477,033 0,737,773 Overland to Mills and Canada 750,900 851,544 Southern Mill Takings (estimated) ... 1,323,000 1,277,600 Stock at Interior Towns *n excess of Septem ber Ist 298,814 221,333 Brought into Sight thus far for season 8,849,747 9,087,650 The Medjidia in Hampton Roads. (By the Associated Press.) Norfolk, Va., March 4.—The Turkish | cruiser Medjida arrived in Hampton Roads today from Philadelphia. She gave lrer engines a thorough test on the way down but will put to sea again in the morning for another trial before being ac cepted by Chekib Bay, Turkish Minister to the United States, who is on board. The cruiser at present is in the hands of the Cramps of Philadelphia, who have just completed her construction. Cancels Southern Trip. (By the Associated Press.) Providence, R. 1., March 4. —Manager Elmer T. Stevens, of the Brown baseball team, today announced the cancellation of the Southern trip of the college nine. The dates cancelled include those with Univer sity of Virginia. March 25 and 26. TO BUILD ACHURCH Plans fora Six Thousand \ • Dollar Building, I Lumberton Will Also Build a Two Thousand Dollar School House. The Lumberton Oil and Gin ning Company. (Special to News and Observer.) Lumberton, N. C., March 4. —Plans for a, $6,000 Methodist church for this place have been accepted and work on it will be gin shortly. The old church and lot will Ibe sold. The parsonage will be moved I back and the new church built on that lot. An acre of ground has been purchased in North Lumherton by this public school district, on which a school house will be erected- It will be a two-story frame house, commodious and modern, to cost about $2,000. It is proposed to make it a permanent school. During the month of February twenty six marriage license were issued py Reg ister of Deeds J. N. Buie, Dr. R. M. Norment has been appointed postmaster at this place. On the 27th ult. Raft Swamp Farmers Alliance No. 44 was re-organized. The fol lowing officers were elected: President, Mr. J. A. Boone: Vice-President. Mr. W. IC. Culbreth: Secretary, Mr. J. W- Lowe; Treasurer, Mr. M. F. Hodges; Chaplain, Mr. Furney Davis; Lecturer. Mr. J. E. Carlyle; Doorkeeper, Mr. Stephen Davis. The Lumberton Cotton Oil and Ginning Company will be located about one mile west of here on the Carolina Central Rail road in the angle of land lying between the Harleesville public road and the Caro lina eCntral Railroad. The first call for installments on stock have been made. EX-CONVICT TAKEN. Chief of Police Karcher Captures Gus. Long Under Exciting Circumstances. (Special to News and Observer.) Statesville, N. C., March 4.—Chief of j Police Karcher. accompanied by Mr. O. E. Daniel*, facing the point of a pirtol, aricsted Gus Long, an ex-convict at hci home about two miles south of States ville, yesterday. Long was convicted in October, 1900, in Yadkin county, and sen-, fenced to five years in th? penitentiary. In July. 1903. ho escaped and has lived around here ever sine?. The penitentiary authorities were notified jjnd Guard Ewing arriyed this morning to identify Long. While going through the Jail h P recog nized another convict. Will Smith, sen tenced from John>ton county. They were both taken back tonight. Smith was serving a term here for bur glary. Has His Foot Crushed Off. (Special to News .and Observer.) Monroe, N. C.. March 4.—Mr. Elmore Funderburk, a constable of Buford town ship. got. his foot caught in the carriage of his saw mill today and had it crushed off. A A Jk A kA AA AmAlli# rrYYTY TTvY t THf WEHTHFP TO-O*Y.T ♦ a*r VaiHltfe # { fair. j A-A a a a A a a a a. a a rn. JL. m A A A A PRICE 5 CENTS OVERMAN STIRS A "SAINT 1 ! WRATH ■ ■ I Am No Spotter, ’’ H isses President Smith. AS TO PLURAL WIVES SSmith eemed to Regard Overman’s Question as an Attempt to Intrude into Mohammed’s Paradise Where Houris Smile % on the Faithful. (By the Associated Press.) Washington, March 4. —Interest in the investigation before the Senate Commit tee on Privileges and Elections of the protests against Senator Reed Smoot, of Utah, was unabated today, although much of the time was devoted to putting in documents subscribed to as the law of the Mormon Church. In that connection President Joseph F. Smith, who again was on the stand, testified that if the principle of plural marriage should be attacked it would be defended by tho church. Intense feeling was exhibited by Presi dent Smith against individuals, who, he said, ha<] spied on the domestic and mu tual relations of the high officials of the Mormon Church, and for that reason he had favored the passage of the Evans* bill to prevent prosecutions for polygam ous co-habitation, unless complaints were entered by husband or wife against the other This bill was passed, but vetoed by the Governor of Utah. It was brought out that all of Mr. Smith’s predecessors, as presidents of the Mormon church, had been polygamists, and the man chosen to succeed him has < more than one wife. Mr. Smith was asked which he would obey, the law of the land or revelations from God, if the two were in conflict. He said he might obey the revelation, though it was not compulsory. Reading from the Deseret News of June 23, 1903, regarding a fc eecfh by Mr. Smith at the Webber State re-union, Mr. Tcy! l asked Mr. Smith if be as correctly re portwed in saying that the doctrine of plural marriages was a revelation by God to Joseph Smith, Jr., and to reject that ‘ would be equivalent to a rejection of God himself. Mr. Smith explained that his address at that time was intended to correct the impression that Brigham Young had inaugurated the practice of plural marriages, and to show that the doctrine originated with Joseph Smith. It was a matter of history and not of teaching. Mr. Smith said he had avoided teaching polygamy, but that the Woodruff mani festo had not in any manner changed his convictions cn the questions of plural marriages. Senator Hoar asked why he had avoided practicing what had been held to be a divine command, and the witness answer ed that it was the cause of the more recent manifesto stopping the practice. Senator Beveridge desired to know whether the church considered that the laws were being obeyed when polygamous co-habitation had continued since the manifesto of 1890, and Chairman Burrows made the question more personal. He said: “You have said today that you were obeying the laws in not teaching polyg amy since tho manifesto. Do you think you were obeying the law in having eleven children from different mothers since that time?” • “1 obey the law so far as teaching is concerned. 1 have not said that I have obeyed the law- in my practice. Polyg amy has not been taught in the church, by any of the officials. The church has obeyed the hiws even if I have not,” said Mi. Smith. Senator Foraker asked whether the practice oi polygamy was permissive or compulsory. Mr. Smith called for a copy of th'* bcok of doctrine and covenants and read a part of the revelation, which he said, had been accepted in the nature of per mission to take plural wives and was not mandatory upon the members of the church. Senator Overman ,asked Mr. Smith it .he knew whether any one of the six polygamist apostles had disobeyed the Law in regard to plygamous cohabitation siuco the manifesto of 1890. *‘l do not know,” said Mr. Smith. ‘T only know that they were in the same status of polgatny at the time of th:* manifesto as I was myself. I do not pry into their family affairs. I am happy to say that I am not ‘a spotter’ or an ‘in formcr.’ I am not a paid *py.” •‘‘Yet you might know without being a paid spy.” persisted Senator Overman. “I know' nothing about it. As I have said before 1 a:n not a spotter or in former.” answered the witness. The words ‘‘spotter” and ‘‘informer” were hiased rather than spoken. ‘‘Neither am I a paid spotter or in former,” retorted Senator Overman. “Yet I know that in my town people have children. I think * v * : ~’-‘ answor that question without using the woids ‘spot ter* and 'informer’ in that manner.” “I beg tli • Senator's pardon,” the wit ness responded. Senator Dubois asked several questions to determine the correctness of th*> state nifr.ts that not more than three or four pr cent of the Mormons were polygamists and said he b'-lievcd he could show that a greater per cent than that had been (Continued on Page Five.)