| 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.
•
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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.