| THE WEATHER TODAY: I For the State, X | Fair; warmer, t VOL LV. NO. 29. Leads all North Carolina Dailies in Mews and Circulation BURTON LOOKS AT DOLLARS,SICKENS Small Urges Necessity of Inland Waterway. MR. SIMMONS SPEAKS Replies to Recent Speech of Spooner, Showing How Postoffice Investi gation Was Discouraged— What Kind of President Do We Want? (By the Associated Press.) Washington, April 11. —The House to day passed the bill reported by the Com mittee on Rivers and Harbors appropria ting $3,000,000 for the restorafion or main tenance of channels, or of other river and harbor improvements. Mr. Burt >n, chair man of the committee explained its pro visions and urged the adoption of settled principles with regard to river and harbor work with the view to considering each project according to its merits. Mr. Burton said the amounts expended for rivers and harbors when the vast ex tent of our waterways was considered was very small. He favored the adoption of a policy of pushing matters to completion as rapidly as possible, and declared that Congress should not undertake anything which could not be completed within a reasonably short time. The system pur sued in the United States, lie thoueht contrasted most unfavorably with systems of foreign countries. The one great de fect in our system was the insufficiency of the engineering corps of the army. Mr. P.urton favored the policy of re quiring communities interested in river or harbor improvements to participate in the expense and said that preference should be given to channels and harbors bene fiting n great area. Discussing the quest i m of Inland water-’ ways, Mr. Burton called attention to the vast sums, amounting to many millions ot dollars, which would be required to construct them, and declared that the adoption of any one of them w mid fur nish a precedent for the adoption of all. In favoring broad and liberal treat ment of rivers and harbors, Mr. Rans dell (La.), a member of the committee,- said he woilld support a bill carrying $100,000,000 because the people now are ready for it and would aoplr.u 1 Is pas sage He regretted the present measure simply was an emergency one. The Amer ican peole, he said, are not afraid of large sums, but rather like them. He charged that the Republicans had been lavish and even reckless of expense in all matters except river and harbor improve ment and called attention to the hun dred* of millions which he said, had been spent in connection with the war with Spain and on “criminal aggression and passive warfare.” Mr- Humphries (Miss.), also a member «>f the committee spoke of the fallacy' of the levee system in improving the Mis sissippi river, and said it was not possi ble for a levee or a system of leveees to withstand ood such as occurred in 1897 and 1903. General debate was closed bv Mr. •Small (N. C.b who spoke of the necessity for an inland waterway between Chesa peake Bay and Beaufort Inlet. N. C. Mr. Clark (M >.), called attention to the fact that the River and Harbor Com mittee was made un entirely of members living on the gulf coast, the Great Lakes or the ocean. Seven great States through which the Missouri river ows or passes are without a single representative. He alluded to the acquisition by the United States of the Sondwich Islands, the Philippines, Guam and P rto Rico “on the pretext that homes are wanted for our children,'' and yet. he said, there is more farming land out of which to make such homes that is overowed and destroyed and made barrne bv the oods of *he Missouri river than could be found in all these islands- “Instead,’’ he vigor ously declared, amid applause, “of squan dering money to hold the Filipinos in sub jection. to educate the Hawaiians. and to carry the mail at an exorbitant price to ♦ho cannibals of the Fiji Islands you bet ter be taking care of thi* laud you have got at home.” After passing a number ot minor foil's the House adjourned. Senator Simmons Answers Spooner. (By the Associat'd Press.) Washington, D. C.. April 11.—The Cul boson amendment to the Postoffice Ap propriation bill, providing for a commis sion to investigate the Postoffice Depart ment was before the Senate ail of today and after being rul'd out of order was pending in modified form when the Sen ate adjourned. Mr. Gorman made an earnest plea for an investigation, saying the Postoffice Department had ca-t re flection* upon members of Congress and that a thorough examination should be had. Mr. Aldrich answered that ’the amendment ns finally modified meant noth ing: that if an investigation was to be had it should be “a live one." Me said that if any specific charges were brought in th'y should be looked into by Con gress. but that the demand should not be made a part of a general appropriation. Serni political speeches were made by Messrs. Teller and Simmons. Mr. Teller said Fourth Assistant Post master General Bristow had stated that The News and Observer. Beavers got only $26,000 and Machen $20,- 000 and yet the government had been de fiauded out of a total of $3,200,000. It was this amount in which there was in terest. There was high authority for say ing the Postofflce Department ought to be investigated further. The President and his two attorneys had said this. Yet, the Republicans of the Senate had beg ged the question and declared there was nothing further to be investigated. Referring to the charge made a few days ago that the Democrats did not know who their candidate for the Presi dency would be, Mr. Teller said: “No, Mr. President, we do not know whether it will be Cleveland, Parker, Hoarst or Bryan. 'The Democratic party never know who it is going to nominate until after its convention meets.” Mr. Simmons answered the recent speech of Mr. Spooner, who defended Post master General Payne from w r hat he treat ed as an attack by Mr. Simmons in pre vious remarks. Mr. Simmons declared to day that his remarks in relation to the rclucance of the Postofflce Department to undertake an investigation referred to hesitancy on the part of the former Post master General Smith and not to the present Postmaster General, Mr. Payne. He reiterated, however, his belief that the investigation had been delayed and also that the present Postmaster General had not treated fairly the offer of S. W. Tulloeh to give testimony in regard to condition*} in (he department. This act of discouragement, fdd Mr. Simmons, was calculated to deter the work of unearthing the scandals in the depart ment. Returning to his speech of a fortnight ago, when he referred to the selection by the Democrats of a candidate for the Presidency, Mr. Simmons said he had been charged with advocating the se lection of a neutral man. He enumerated the qualifications he had demanded, such as a calm, well-poised disposition ami mind, judicial and conservative tempera ment and asked whether that w'ould be regarded as a neutral man. Turning to the Republican side, lie -aid he supposed the candidate wanted was one who would overturn affairs of the twentieth century, make new laws when the present ones do not suit, and treaties with foreign countries without the advice or consent of the Senate. He said the country has witnessed the spectacle of a President had upon the one hand as a trust buster and on the other as a safe ir.an fur business interests. “We have had the spectacle ot the only original trust bust er, (he Attorney General who has acted as lord high executioner, and a score or more assi-tant*,” said Mr. Simmons, and they have managed to find two trusts to prosecute.” Continuing, Mr. Simmons asked: “What do the people want? A man v.ho will execute their will or a man who will bend them to his will?” Speaking of the demands tor Congres sional investigation o? executive depart ments, Mr. Simmons said if it were found upon a thorough examination that the departments were free from frauds it would resuit in benefit to the Republican party and perhaps injury to the Demo cratic party. Mr. Simmons reviewed the investigation in the Postoffiee Department particularly in reference to the career of Mr. Machen. He spoke of Mr. Machen's alleged specula tions and referred to the Bristow, report to show that his interview was not bold until Mr. Heath became first assistant postmaster general. Mr. Simmons said that only three of the persons found to have been mixed up in the postoffice frauds were appointed under Democratic administrations. Mr. Gorman made a plea for favorable action on the Culberson amendment, say ing that the conditions in the department were such as to make an inquiry imperia tive. He said that the report of the fourth assistant postmaster general prac tically charged members of Congress with being confederates of Machen and Beav ers, and that on this account Congress could not. in justice to itself, refuse to make an inquiry. He quoted the Presi dent's memorandum in the Machen case, saying that it also raised a question as to the conduct of members and added that under these charges Congress could not afford to let the matter rest. The department’s reflection upon Congress, lie ! denounced as an “outrage,’’ and said that instead of their being a question of poli tics involved, the honor and integrity of Congress was in question. Mr. Aldrich replied: “Give us an explicit charge and we will take it un.” Mr. Culberson said that if explicit charges Were necessary they could be found in the cs*e of the "Montague indi cator, and in that of John W. Pettit.” In the former case, there is said, accord ing to the Bristow report, a mystery as to -whether former First Assistant Post master General Heath had received twc. thousand of the shares of the stock of that | concern. In the case of Pettit, that in | dividual, it has been developed, had been lon the pay rool of the Baltimore post office for four years without doing any work, and that it had never been shown whether he had been appointed to this wok by Mr. Heath or by Beavers. Mr. Lodge, said that both Heath ami Beavers are out of the department, and that Beavers is under course of prosecu tion; hence he did not consider the charge of a character to effect the pres ent conduct of the department. lie con sidered the character of the «• trges as conclusive in showing the demand for an investigation to be a sham. After seme further discussion the Senate ad journed. The Palmettos Gcosc Egged. (Special to News and Observer.) Charlotte. N. (’., April 11.—Davidson College d“feated th South Carolina Col leg at baseball this afternoon by a snore of 13 to 0. The entire game'was a one sided affair, and little enthusiasm was the result. Th 0 South Carolinians were clearly out-classed at every point. The score by inning was as follows: Davidson 0 5 0 4 3 1 0 0 x—l 3 South Carolina .. ..0 0 0 0 0 0 0 0 o—o Davidsbn got 15 hits to South Carolina’s 2 and one error to 8 for South Carolina. Davidson plays Clemson next Monday. KALKIGH NORTH CAROLINA, TUESDAY MORNING, APRIL 12, l«n4 V . . A TRUST BUSTER! LORD DELIVER US / Give Us Teddy's Antith esis, Says Simmons, SERVING THE PEOPLE Not a Wild Rider Over Treaties Who May Bring All Combines to Trial Within the Next Two Hundred Years. (Special to News and Observer.) Washington, D. C., April 11.—In course of some remarks in the Senate this after noon, Senator Simmons again declared his belief that the hope of the Democratic party in the next campaign lays in the nomination of a man who is the antithesis of the present occupant of the White House. “I ventured, in a speech last week, to describe the kind of man that I hoped and believed the Democrats would nomi nate for President. The Senator from Wisconsin (Mr. Spooner) m a speech Sat urday intimated that my remarks pointed to a very distinguished citizen wno has been mentioned ior the nomination and he adtied that what the Democratic party wanted was a neutral man.” Without satisiving the curiosity of his hearers as to whether or not he realiy did mean Judge Parker, as Mr. Spooner had suggested, Mr. Simmons continued: ”L said a man ot calm judicial tempera ment. Is that a neutral character? A man of conservative disposition, a man of equable and tMMI-poised mind and character. Are not those qualities suued to a President? They were qualities good enough in the days ot Washington, Jet terson, Madison and the Adams .*. They were qualities good enough in days when Presidents contented tnemselves with executing th© "laws as they found them and left Congress to pass them. “But they are hardly qualities that suit the man who, when the laws do noi suit him, has the grit to change them; who, when lie wants to make a treaty with a country and cannot get tnat country’s consent comas boldly forward and de clares he was about to propose to Con gress that he be allowed to proceed, treaty or no treaty.” Continuing his criticism of Mr. Roose velt, Mr. Simmons referred to his “trust btsting pretensions,” and asked: "What is the spectacle this country witnesses today? A President held up as a genuine trust-buster, while his Attorney General, with half a million dollars at his disposal for prosecution of the trusts, claps these selr-sama trusts on tne back and assures them this administration does not intend to ‘run amuck,’ trust-busting.” Mr. Simmons said that with half a mil lion dollars and every possible facility at liis disposal for prosecuting of the trusts, Mr. Roosevelt’s Attorney-General had finally succeeded in bringing two trusts to trial. "Two in two years, an average of or.o. a. year,” he exclaimed. “At that rate the two or three hundred really big trusts in this country' can ail be brought to trial by the Republican party in the next 290 or 300 years, if no more are born in the meantime.” ”1 do hope,” lu added, “that the Demo cratic party will have the good sense to nominate a man who is the antithesis of the man now' in the White House.” Representative Small has been notified by the Postoffio, Department that on August Ist, next, a city delivery service will be established in Elizabeth City. FRED L. MERRITT. SOLD WHISKEY WITHOUT LICENSE. Digging Foundation For Union Depot. Deed of a Miscreant. (Special to News and Observer.) Durham, N. C.. April 11.—For selling whiskey without license H. Blume, a He brew, was before the mayor this morning on tour charges. He was sent ovei to the Superior Court in each ca*o, the total bend being S3OO. Blume does business near East Durham, living in the stor building. If the story that has been gath ered in fragments by the officers and put together by the State in the trial this monng is true it seems that he has be-n conducting a bar-room as a side issue. He gave bond. Mr. 11. H. Wright has gone to Europe on a business trip. This trip will make the sixty-sixth time Mr. Wright has crossed the Atlantic. An adjournment meeting of th? County ( ommissioners wa3 held this morning at which time a jury was drawn for a special term of civil court to be held early in May. At the last terra of court Judge Cooke adjourned at the end of the first week in order to g'H out of Durham, ionring smallpox. He i.- to come back and complete the term, holding a special ses sion. An appropriation was also made by the commissioners to the two military ctn.j anics and the three fire companies this covering the poll tax of the mem bers. The work of digging the foundation for the Union Depot Station is being pushed very rapidly'. A few days ago some miscreant went to the city reservoir, several miles from the city, ano dropped s<«veral large rocks into the pipe that delivers the water supply from the pumping station. These rocks went down in the pipe and so clog ged the delivery that a portion of the piping was blown from the ground. Th - is costly hut will not cut the supply materially as there is sufficient water in the reservoir to furnish the city until the damage is repaired. SHE IS MRS. IRWIN AVERY. The Court Grants Miss Johnson’s Re quest to Bear the Name of Her Dead Betrothed. (Special to News and Observer.) Morganton, N. C., April 11. —Miss Nancy Forney Johnston, the fiancee of the late It win Avery, filed a petition, on the as sembling of court on Monday morning, before His Honor, Judge Shaw, for leave to change her name under Section 3302 of the Code so that she might assume th<* name of Mrs. Irwin Avery, a name which she had hoped to assume on the 28th of the month and both looked forward to it. w'tli so much happiness and joy. Hri Honor granted the petition. MARKS A NEW ERA Free Mail Delivery Be gins at Elizabeth City This Summer. (Special to News and Observer.) Elizabeth City, N. C., April 11. —Com- mencing August fust, free delivery of mail will be established in Elizabeth City. For several years a persistent effort lias been made to have the postofflce establish a free delivery here, and the Chamber of Commerce and Congressman Small have labored very earnestly and faithfully to this end. It was thought by many that it would be established last year but for some tea son it was delayed. Today Congressman Snail was notified by Fourth Assistant Postmaster General Bristow that the de pmlntent had decided to establish free delivery of mail* here, commencing August first. The matter has been defi nitely decided and an order has been is sued by the authorities to that effect. This announcement will no doubt be greeted with pleasure by all, lor it i* now an assured fact. THE NEIRAILROAO The Raleigh and Pamlico Soon Works into the City of Raleigh, The Raleigh and Pamlico Sound Rail way is pushing straight along in its work. Capt. W. J. Bradshaw and Capt. J. C. Lashley, who are at work on the road, were in the city yesterday, and they say that soon the force at w r ork will be on the edge of the city of Raleigh. Work has been going on for some time beyond the Neuse river, and in a few weeks, by the first of next month, the grading of the road will be completed as far as the river, about four and one-half miles from the start. When this is done then the force will be moved to the edge of Raleigh, and will work from here back to the river, a distance of about six and one-half miles. This work near the city limits is expected to begin about the first of next month, when the 105 hands now at work will be moved here. As the work is done the track will be laid, so that rolling stock and an engine can’ be used, that supplies and material may be carried forw’ard for road use and for building a bridge over flic river. Nearly four miles of road have been graded, and some deep cuts have been made, the force having to go into the rock. At some places the cuts already made are from sixteen to nineteen feet deep. When the link between Raleigh and Neuse river has been graded there will be eleven miles ready for the tics and rails. The road is expected to come around the northern limits of the city, across tne Dcvcreux lands, and across the Seafooaicl Air Line track to North West street. No definite information has been given out, but it is supposed that the road will ar range for its trains to come into the Union Depot over the Seaboard Air Line tracks. „ , , . The road is pushing forward and in about six months it is expected that the eleven miles referred to wail, be ironed, and that trains will be running over a portion of the distance, as far as the The shops of the road it is rumored, will be located in Raleigh and in Wash ington. Things arc in good shape and the road is being built. That is pleasant news to Raleigh and o eastern No th Carolina, for after awhile, whether there is or is not a Selma connection people from the cast can reach Ralegh by a quick anjl direct route- To Rebuild School. Superintendent J- A. Boldin, of lln Boomer Graded School, in V\ .Ikes county, Whose building was burned is in .he city to solicit subscriptions for the rebuilding ,• ~ , , fphe now' building will ,t„ui tasho Superintendent Bol n n l, ead raised about ene-half * f ; n the other cities. He e this atuoiin Tuesday or Wednes . will be here until day. RUSSIA MOVES AS A GREAT GLACIER Late in the Summer She Will Strike. HALF A MILLION MEN This is the Number Kuropatkin Cal culates on Getting in the Field at the Time of the Arrival of the Baltic Fleet. (By the Associated Press.) St. Petersburg, April 11. —Exceptionally reliable information regarding the Russian military plans confirm the repeated an nouncements made by the Associated Press that these plans will not mature un till late in the summer. They are of far greater magnitude than is generally be lieved abroad and take into account all possible contingencies. General Kuropatkin, remembering the experience of Russia during her war with Turkey, with the Russian armv of 30,000 placed in the field at the beginning, had to be more than doubled, has insisted that the men and guns to be placed at his disposal shall cover the extreme limit re quired to settle the fate of the campaign. The Russian plans are predicated upon Napoleon’s dictum that “God fights on the side of the heaviest battalions,” and they are being worked out and timed so as to apply a superiority of numbers on land and sea simultaneously. The army is de signed to attain the enormous total of half a million at the time scheruled for the reinforcement of Vice Admiral Maka roff’s fleet with the Baltic squadron. The seventeenth and tenth army corps now drafting are expected to reach Manchuria by the middle of June. The mobilization of four other corps at least two of which will be from the Volga, will be announced by' the middle of next month, and will start eastward a month later, reaching their destination at the end of August. Real- Admiral Rojestrennky will hoist ! his flag as commander of the formidable j Baltic squadron early in July and wili !*nil immcdinlclv for Port Arthur with the ] following vessels: The battleships Slava, Borodino. Orel, Kniaz Souvaroff, Alexander 111, and o*lia bia, the last named bring now enroute here rom Cherbourg; the cruisers Aurora, Dmitri Bonskoi, Svietland, Almaz, Jemtchug and Izumrud, and the trans ports Kamtschatka and Ocean, each car rying 1,000 tons of coal. The conveyors ordered in the United States are expected soon and they will enable the squadron to coal at sea. The last possible diffieu>y •pgauitug the passage of the disappeared last week with the signing of the Anglo-French colonial deity, by which Great Britain adheres to the con vention of 1888 concerning the free pas sage of the canal. Exchanges of Shots at the Yalu. (I3y the Associated Press.) Paris, April 11.—A dispatch to the Temps from St. Petersburg today says some further exchanges of shots have |occurred between the Russian and Japa licso forces along the borders of the Yalu river. Vice Admiral MakarofT, the dis [ patch adds, is inspecting the outlying de j lenses of Port Arthur. St Potersbuig, April 11.—General Kur opatkin i.s proceeding on an inspection ot the outposts along the Yalu river. General Rennenkampffs Cossack divis ion. numbering 10,000 men, has arrived on the upper Yalu river. The fourth army corps reached Harbin tea days ago. Vladivostock is held by 13,000 rifle men. An officer and fifteen Cossacks who were left south of the Yalu to roconnoiter the 'Russians retired succeeded in locating the Japanese positions without discovery, swimming their horses a mile and a half in re-crossing the river. Japan's First Army in Korea. (By the Associated Press.) Paris, April 11.—Official advice received teday by the French government confirm the dispatches announcing that Japan’s first army, consisting of four army corps, is now completely lander] in Korea and that the second army, consisting of a similar number of corps is about to start. Thj point* of debarkation of the second army are not known. A Slayer of Men is Slain. (Uv the Associated Press.) Birmingham, Ala., April 11.—E. Mc- Donald, a well known young man of prominent family, who has killed two men and figured in several sensational shooting affairs, was shot anti instantly killed by Alex Lawson, an employe of the L. B. N. railroad, in a street fignt tonight. Lawson was also shot and badly, though not fatally wounded. Trinity High School Commencement. fnecial to News and Observer.) Trinity. N. C., April 11. —The com mencement of Trinity High School for this year, will be held on May loth to 18th, inclusive. Rev. T. A. Marr, of Charlotte, N. C,. lo U VI rHICK 5 CENTS, will preach the annual sermon on Sunday morning, May 15tli, and Hon. R. B. Glenn, ot Wi netc n - Salem, has been secured to deliver the annual literary address on Tuesday morning. May 17tli. Monday night and Wednesday morning will be given over to exercises by students of the school. On Wednesday night, the 18th, the annual social party will be cele brated. PLEAD GUILTY TO RIOTING. Mr. R, T. Gray's Illness Causes the Investigation to be Deferred. (Special to the News and Observer ) _Ncw Bern, N. C . April 11.—The crimi nal court or Craven county convened this morning, Judge Ferguson presiding, So licitor Larry J. Moore as prosecuting at torney. The liog'o rioters of James City appeared in court, plead guilty to rioting, and also to asault and battery on Deputy Sheriff H. C. Stock*. The case will pro bably be disposed of Wednesday. Owing to the illness of Mr. R. T- Gray, cf Raleigh, v.ho is a member of the in vestigating committee appointed by Gov ernor C. I’. Aycock to investigate the af fair 3 of. the A. and N. C. Railroad, the hearing was deferred today. Dr. Monday, a native of N irth Carolina, an old actor and play-writer lectured in this city yesterday afternoon to men only. FOR MABEL PAGE'S MURDER. Arrest of Charles L. Tucker. Suspect ed of the Crime. (By the Associated Press.) West Newton, Mass., April 9. —After a baffling search of nine days for the mur derer of Miss Mabel Page, who was stab bed to death in her father’s house in Weston, on March 31, the State police arrested tonight Charles L. Tucker, a former railroad employe, who on Monday, apparently established an alibi as to his whereabouts on the day of the tragedy. Tucker will be arraigned Monday, charged with murder. The attention of the police was again turned to Tucker, through the discovery that several of his statements by which lie had proved an alibi were false, and to night he tvas arrested. Last April while beating on the Charles river with lus wife, the boat was overturned and Mrs. Tucker was drowned. The police made an investigation of the accident, but took no action. Guilford Defeats the Mebane-Binghams (Special to News and Observer.) Guilford Station, N. C., April 11.—Guil ford College defeated the Bingham (Me bane) school baseball team here this even ing in a rather poor exhibition of the national sport. The game was free from kicking and was played in one hour. Guilford made six hits, one of which was a three-bagger, .while Bingham only man aged to connect one time. Struck out by Doak, three; by Howard, three. Batteries: Guilford, Doak and Hobbs; Bingham, Howard and Norman.* Score: 3 to 1. Other Bali Games. (By the Associated Press.) At Charleston, S. C.: Atlanta (South ern), 6; Charleston (South Atlantic). 0. (South Atlantic), Savannah 2; Jackson ville 1, (12 innings). At Washington: Washington (Ameri can), S; Georgetown, 2. Here's a Sweet Hody Do. (By the Associated Press.) Birmingham, Ala., April 11.—B. B. Ccmer, candidate for president of the Railroad Commission, and E. A. Dcfuniak, ag nt for the local freight department of the Louisville and Nashville railroad, en gaged in a fist fight in one of the polling places today. Both were badly bruised, buc neither was seriously injured. The trouble grew out of an affidavit made by Dcfuniak in regard to statements made by Comer, which the latter characterized as false. Serious trouble was averted by the interference of friends of both men. A Stroke of Paralysis. (Special to News and Observer.) Nashville, N. C., April 11.—Mr. M. W. Lincke, editor of the “Graphic,” suffered a stroke of paralysis Saturday, and for some hours it was feared that it would prove fatal. He was taken home in an unconscious condition and ministered to by Drs. J. P. Battle and J. T. Strickland and their unremitting efforts were at last rewarded by an improvement in the pa tient's condition. His recovery afterwards became rapid and by Sunday afternoon it. had proceed l -d so iar as to admit oi his being out again. All For Parker. (By (he Associated Press.) Indianapolis, Jud-, April 9. —Democrats of the Seventh Congressional District to night unanimously instructed for Judge Alton B. Parker, of New York, for Pres ident. The resolutions say that Judge Parker is regarded as the most available man and that his nomination would command the enthusiastic support of all Democrats and of the independent voters of the country. Wilmington, N. C., April 11-—Capt. W. H. Newell, of (he Atlantic Coast Line, had his hand caught between bumpers at Castle Haynes, and the member was so bmllv crushed that amputation was nee essarv. Waynesvillc, N. C., April 11.—A fire here has destroyed the Waynesvillc Steam Laundry, owned by Liner &, Wheeler. The origin, of (he fire is not known. Loss will be near $2,000 on machinery and.vyork in the house. No insurance. • TTTTtTTTTTTtrTTTttttW | THE WEATHER TODAY: £ For the City, ? Fair; warmer, t j m||[ |m l FLUNG BACK INTO THESTATECOURTS Minnesota Against North ern Securities Co. VICTORY FOR STATE The Supreme Tribunal of the Nation Holds That the Federal Courts Have no Jurisdiction. That it is a State Matter. (By the. Associated Press.) Washington, D. C., April 11—The Uni ted States Supreme Court today decided the case of the State of Minnesota vs. The Northern Securities Company and the Northern Pacific and Great Northern Rail way companies involving the validity of the merger of the two railroad companies, holding that it was without jurisdiction and reversing the opinion of the court below. Justice Harlan, who delivered the opin ion, said that the Circuit Court should not have entertained jurisdiction in the ease, the effect being to remand the case to the State courts. Justice Harlan called attention to the fact. t,hat the proceeding was for the pur pose of enforcing both the State law T s and the Federal Anti-Trust act, saying that the Circuit Court could not have taken jurisdiction if only the State statutes had been involved. Talking up the Federal law and analysing its provisions he said it was clear that the case did not belong to any of the classes provided for by that law. The contention that the case involved proprietary interests of the State was not allowed to influ once the opinion. On that point the court said the injury was at most only remote ami indirect. The court also refused to hold that Minnesota dignity or rights as a State would be affected- under Article IV of the Federal Constitution by permitting the stock of corporations of that State to be held by an outside corporation like the Securities Company. Justice Harlan said the court cl id not think that the article of the Constitution had ar;y bear ing whatever on the question. He said in conclusion: “For the reasons stated we are are of the opinion that the suit does not use the words of the act of 1875 —really and substantially involved a dispute on con troversy within tlie jurisdiction of the Circuit Court for the purpose of n final decree. That being theease, the Circuit Court, following the mandate of the statute should not have proceeded there in, but should have remanded the cause to the State court. “The decree of the Circuit Court is re versed and the cas. is sent, hack with additions that it be remanded to the State court.” The opinion of the court was unani mous. St. Paul. Minn., April 11.—The Supreme Court’s decision in uie case of Minnesota against the railway merger, is considered by the State’s legal officers a virtual vic tory for the State, although it puts the litigation back exactly where it was when the suit first began. This was the origi nal suit against the merger and begin before the Federal government began its action. It was transferred from the State to the Federal court. Judge Lochran in the Federal District Court assumed juris diction and decided the case on its merits against the State. The United States Supreme Court now says virtually that Judge Lochion should not have assumed jurisdiction and •should have not decided that the merger was a legal corporation that could net be reached by the laws of Minnesota. The suit now goes back to the State courts. TWELVE CARS DITCHED. Governor Ayccck Speaks at Burnsville. Vanderbilt Orders Houses Rebuilt. (Special to The News and Observer ) Asheville. N. C., April 11.—A freight wreck on the Southern Railway between Asheville and Fletchers this afternoon about 3:30. Twelve cars were ditched and the line between here and Spartanburg will be blocked for several hours. No one is reported to have been seriously in jured Gov. Charles 15. Aycock was a visitor in t!u> city last night stopping at the Hotel Berkeley. The Governor came in on the midnight train from the east and after remaining here over night left early this morning for Burnsville, in Yancey county, where his TSxcellency will deliver an educational address to the peopl -of that section. Burnsville is about 40 miles from A-heville and o f f the railroad, and Governor Aycock made (he trip into Yan cey by private conveyance. A cablegram has been received by the management of the Biltnure estate from George W. Vanderbilt, who is spending the winter in Paris, giving instructions for the rebuilding of the burned mule stables and the residence of Mr. Halybur ton. which was located close to the sta bles and which was burned at the same time the stables were destroyed. The amount of insurance received from the burning of the residence and stables is something like $-5,000, and this will be ex pended in the erection of new burns and another residence for Mr. Halyburtou.

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