j TIUS WEATHER TO-DAY. ♦
♦ For tlie State. *
♦ *
} FAIR. £
Volume. LVIU. No 51.
Leads ail North Carolina Bailies in News and Cilreulation
ALL HIDDEN IN A
HEARST TORNADO
Both Candidates for the New York Mayoralty Lost
in the Whirlwind as They Dash for
Goal.
MAC SEEMS AHEAD
The Closest and Most Thrilling Race
on Record, With McClellan Possibly
in the Lead. There is a Similar
Race Between Jerome and Osborne.
Latest Bulletins Favoring Jerome,
Ohio is Reported to Have Been
Swept by a Democratic Tidal Wave.
The Reform Party Wins by an Over
whelming Majority in Philadelphia.
The Result in Maryland Unknown.
THE LATEST BULLETINS.
(By the Associated Press.)
New l'ork, Nov. 7.—One thousand
eight hundred and nine election dis
tricts out ot 1.948 in Greater New
York give McClellan a plurality of 2,-
098 over Hearst.
New York. Nov. 7. —Seven hundred
and sixty election districts of 1,100
give Jerome a plurality of 3.636 over
Osborne.
Baltimore, Md„ Nov. 7.—One hun
dred and eighteen precini ts out of 323
give the amendment 8,157, agaiust
1 4.793.
Cleveland, Ohio. Nov. 7.—Thirty
precincts in Ohio outside Hamilton,
Cuyofioga, Franklin and Lewis coun
ties show Democratic gains of 2 7 to
the precinct.
New York, Nov. 7- —Today’s elec-
lion resulted in such a close vote that
at ten o'clock tonight the mayoralty
of Greater New York and the district
attorneyship in New York county are
in doubt. Hearst, for mayor, has
carried Brooklyn by about 15,000 and
the latest returns indicate that McClel
lan will have a plurality in Manhattan
and the Bronx ol' probably more than
10.000. One hundred and seventy-five
districts are yet to be heard from in j
Manhattan and the Bronx and of j
course may change McClellan’s piu- j
raiity. Hearst carried Queens Bor
ough by 782 and McClellaJ carried \
Richmond Borough, figures not yet
complete.
The earlier returns indicated that j
Osborne, Democrat, defeated Jerome.
Independent, for district attorney hut i
tne later figures showed gains for Je
rome and threw she result in doubt.
Max Ihmsen. of the Municipal Own
ership League, said tonight that the j
league has evidence of 50.000 illegal
votes having been cast. He said that j
frauds have been discovered in all
five Imroughs and that the law com
mittee of the league is gathering ail j
evidence.
Mr. Ihmsen also announced that all
the candidates in all boroughs on the
Municipal Ownership ticket had been
asked to assemble at Mr. Hearst’s of
fice in the Hoffman House for an all
nighi conference on the situation.
Two Democratic Mayors.
(By the Associated Press.)
Rome, New York. Nov. 7.—Albert
R. Kessinger, Demo., was elected to
day by 171 majority over T. G. Nock,
R< p.. the present mayor. Mr. Kessin
ger is managing editor of the Rome
Sentinel.
Buffalo, N. Y.. Nov. 7. —J. N.
Adams. Dem., is elected mayor by 8,-
1»S 1 majority.
Republicans Carry Syracuse.
(By the Associated Press.)
Syracuse, N Y.. Nov. 7.—The Re
publicans carried this city today by
nearly 6.000 for mayor Alan C. Forbes.
Tli's is the record majory of this city.
INCIDENTS OF THE DAY.
Significant Statement by One of
Hears! *s Editorial Writers
(By the Associated Press.)
New York, Nov. 7. —William R.
Hearst, candidate for mayor on the
Municipal Ownership Beague ticket,
voted before taking breakfast. His
ballot was cast at 6:45 o’clock in a
polling place in an undertakers ship
in East Twenty Ninth street. Even at
that early hour and despite the fact
that Mr. Hearst started alone for the
polling booth a large number of his
supporters had seen him and had
formed an enthusiastic cheering pro
cession to escort him to the booth.
A development of interest this morn
ing was the publication of a signifi
cant statement by Arthur Brisbane,
one of Mr, Hearst's editorial writers,
who declared that his employer was
looking for greater things than the
mayoralty of New York. Mr. Bris
bane said:
“Mr. Hearst is built for greater
things even than the mayoralty of thjs
city, and he’s going to get them. This
The Only Newspaper in North Carolina That Has Over 10,000 Subscribers .
The News and Observer.
country is hard up for rich, intelli
gent. and powerful men.”
Mayor George B McClellan, Demo
cratic candidate for re-election, and
William M. Ivins, Republican mayor
alty candidate, each voted at 10:30
o’clock. Mr. McClellan voted in a
Sixth avenue tailor shop in the 19th
election district of the Fifth assem
bly district. His home is two blocns
away and accompanied by only one
other person the mayor walked to the
voting place-
Mr. Ivins rode in a carriage to his
voting place, the 18th election district
of the 25th assembly district. Mr.
Ivins said he voted for Jerome. He
said he thought Jerome’s chances for
election are particularly good.
Today’s vote was cast at 1,948 poll
ing places. The total registration was
646.871. The polls closed at £ p. m.
At the Hearst headquarters today
Max Ihmsen. one of Mr. Hearst’s lieu
tenants, said:
“A great many liearst watchers and
captains have been bought off by Tam
many Hal! and have deserted us- We
have sent out volunteers wherever we
could learn of the desertions but they
appear to be all over the city.”
Mr. Hearst said:
‘‘We are handicapped by not having
an organization buck of us and by
some of our captains having de
serted.”
District Attorney Jerome, Independ
ent candidate for re-election, was
given an ovation when he walked to
the polls to vote at 11 o’clock. He
voted in a basement barber shop in
the lower Eastside after which the
cheering cro v *d escorted him to a
street car.
Joseph Thomas, one of the Hearst
leaders, was beaten and perhaps fa
tally injured today by twelve men
who assaulted him when he attempted
to cause the arrest of a voter just out
side of an election booth in Monroe
street. Thomas is the head of the
Municipal Ownership League commit
tee for investigating election frauds.
He had asked an election deputy to
arrest a voter at the Monroe street
booth when he was knocked down and
kicked about the body several times.
Thomas said that the men who as
saulted him were supporters of Tam
many Hall.
CONTEST FOR STAT TREASURER.
Pennsylvania's Appointee Re-elected
Associate Judge of Supreme Court.
(By the Associated Press.)
Philadelphia, Pa., Nov. 7.—State
Treasurer was the only State office for
which there was a contest at today’s
election in Pennsylvania. Judge John
T. Stewart, an appointee of Governor
Pennypacker, was re-elected associate
judge of the Supreme Court for the
full term of 21 years* President
Judge Charles E. Rice and Judges
George B. Orlady and James A. Beav
er, of the Superior Court, were re
elected for a term of ten years. John
B. Head. Democrat, was also elected a
Superior Court judge to succeed Judge
Peter P. Smith, the minority member
of that body who failed of renomi
nation.
The public interest centered in tlie
contest for State Treasurer for which
| the principal candidates were J. Lee
Plummer, nominee of the Republican
and Citizens parties, and William H.
Berry, the candidate of the Demo
| cratic. Prohibition, Lincoln and Inde
pendent parties. Berry was also the
choice of the City leaders of
Philadelphia, although his nomination
was never formally endorsed by that
| party on the ground that it was pure
i iv a local organization.
I Contrary to general expectation
j there was no serious disturbance in
| the city today. There were, however,
i many small scrimmages at polling
places, especially in the more thickly
settled wards where the Republican
organization is very strong and where
the City Party put up a most deter-
j mined fight. The police department
1 was at ail times master of the situa
tion and whenever trouble was started
it \va« quickly stopped. Some of these
disturbances blossomed into small
riots, but after the smoke had cleared
away it was found that no one was
seriously wounded.
Never in the history of the city were
such complete arrangements made for
preventing the cashing of illegal votes.
Besides the large number of watchers
and overseers located at the 1100 poll
ing places there were from one to six
police stationed at each one of these
places. The orders were explicit, and
! the numerous squabbles beetween po
! p-r>>Y>'m and election officers proves
i that they attempted to carry them out.
The orders of the police proved ex-
I tremelv irksome to many election olfi
■ r»ors principa’ly those affiliated with
the Republicans. In many cases they
I ordered the police away from the poll
! ing places and upon the refusal took
! the matter to court fhere the differ
i ences were patched up. The election
j officers also complained bitterly of po-
I lice interference with legal organiza
tion voters and assert that in many in
stances honest voters were terrorized.
The storm center of the day was in
! the fifth ward, where election day
| seldom goes by without trouble. To
j day this ward, within whose bound
aries stands Independence Hall, was
in an unroar most of the day. There
j was continual friction between the po
i lice and the Republicans- The great
‘ est trouble was experienced in the
RALEIGH, NORTH CAROLINA, WEDNESDAY MORNING, NOVEMBER 8, 1905.
18th division where not a. ballot was
cast until 5 o’clock in the afternoon.
The election board refused to open the
polling place until the police left the
building. The policemen refused,
and the whole party was hauled into
court. The judges instructed the elec
tion board to return and open the
polls. This they refused to do and a
curbstone election was held for a
selection of a new board while several
hundred people looked on.
The voting place was then opened
with the n-e.v board under protec
tion of a cordon of police. Mms Re
publicans, it is said refused to vote.
One of the incidents of the fifth ward
struggle was the arrest of harbor mas
ter, Samuel G. Maloney, on tin charge
of conspiracy to hold an illegal elec
tion. He is Hie Republican ! aider of
the ward, and his followers were ready
to storm the the police
to storm the police station if he was
not released. He secured bail and
will be given a further hearing. Police
Magistrate Fealey was also arrested
for interfering with a policeman and
was released on bail.
Similar scenes were enacted in the
seventh ward, the home of Israel W.
Durham, the leader of the organiza
tion, and in the eighth, where United
States Senator Penrose resides- The
polling place where the Senator voted
was closed for several hours because
the election officers claimed the police
interfered.
Outside of the centrally located and
thickly populated wards the city was
comparatively quiet.
The number of arrests made up to a
late hour tonight for election frauds
was about 500. Police Magistrates
were on duty in all parts of the city
giving the prisoners hearings. The
scene at the central police station at
City Hall was without precedent. More
than 200 prisoners were given hear
ings there for alleged fraud against
the ballot. All day several hundred
persons were gathered in the court
yard watching the prisoners arrive in
wagon loads. Every batch of prison
ers hissed or hooted as they were led
into the City Hall.
The hearing room was crowded with
party workers, lawyers, bondsmen and
other. As quickly as a prisoner war
brought in he was given immediate
hearing, held in bail for further hear
ing and promptly released by awaiting
bondsmen. The released men were
then ordered back to their respective
election divisions.
UNION LABOR WINS
San Francisco Has Again Elected
Eugene Schmitz Mayor.
jßy the Associated Press.)
Ran Francisco, Nov. 7. —(6:30 p. m.t
—Th e indications art* that Eugene
Schmitz, the Union Labor candidate,
has been re-elected mayor of this city
by 15.000 majority. With six precincts
to hear from, the count stands:
Schmitz, 42,202; Patridge. 28.108.
Good By, Boss Cox. Thank the Lord.
(By the Associated Press, l
Cincinnati, Ohio. Nov. 7. —George
B. Cox, the well known Republican
leader, tonight gave to the Associated
Press the following statement, with
drawing from active service in the Re
publican party:
“Now that the election is over and
the people have signified thVr choice
for city, county and State official-* an l
I sincerely trust they have selected
wisely, I wish to announce to the pub
• lie that from this day. after twenty
five years of active service in the ranks
of the Republican party, my personal
activity in politics shall cen | I will
continue to vote the Republican tick
et, but others must bear the burden
of future campaigns. To the local
Republican organization and the many
friends chat have stood with u.s in the
past. I tender most grateful thanks
for their unswerving loyalty and sup
port. I hope for their future good
will*
“Respectfully yours,
“GEORGE B. COX."
REFORM SWEEPS PHILADELPIII \
A Majority of 75.000 or More for tlic
City Park.
(By the Associated Press.)
Philadelphia, Nov. 7.—City Chair
man Edmons tonight sent the follow
ing telegram to President Roosevelt:
“Philadelphia has risen to her top
and stands redeemed. The principle
of honesty in government so effective
ly exposed by you has won an over
whelmingly triumph. Our majority
approximates 7 5.000.”
To Secretary Root the following was
telegraphed:
“The masquerade is over. The crim
inal and corrupt combination has
been driven from power by the righ-
teous indignation of a great Repub
lican city. We have only begun. Our
thanks to you for your splendid aid."
Philadelphia, Pa.. Nov. 7.—At 8:30
p. m.—Chairman Edmons, of the City
Party, claims 70,000 plurality for the
Reform ticket in Philadelphia.
Scattering returns from polling pla
ces all over the city show extraor
dinary Republican losses as compar
ed with last year’s election. The I.sth
ward, a Republican stronghold, i.s
claimed by the City Party by 2.000.
In the 14th division of the fortieth
ward in West Philadelphia the Re
form ticket got 336 votes in a total
of 361. This ratio was very nearly
maintained in localities.
Rhode Island.
Democrats claim to have elected
Garvin Governor.
VIRGINIA IS DEMOCRATIC.
But flic State is Carried by a Smaller
Majority than is Usually the
Case.
(By the Associated Press.)
Richmond. Va . Nov. 7.—The indi
cations are that the Democrats have
carried the state, but by a very much
smaller majoritv than usual. They
have won all along the line, but the
vote has been very much smaller than
usual, though the weather was fair
everywhere. In Richmond of a total
vote of about 7.0Q0. only about 3.500
were polled. The Democratic major
ity here will be about 2.5 00.
The Democratic majority will be
about 20,000, probably a little le c s.
rather than more than that- The Re-
KILLED WILD FIST
Midshipman Branch Dies
of His Injuries.
His Opponent is in the Hospital. The
Fight Was a Regular Battle
in the Ring With Sec
onds.
(By the Associated Press.)
Annaolis, Md., Nov. 7.Midshipman
James R. Branch, son of James R.
Branch, of the Hanover Bank of New
York City and secretary of the Amer
ican Bankers Association, who was
seriously injured in a fist tight with
another midshipman, died today.
Midshipman Branch died from in
juries he had received in a fight with
Midshipman Minor Merriweather, Jr.,
of Lafayette, 111. The fight took place
by arrangement on Sunday night and
was a regular pitched battle with a
ring and second. It lasted 2 3 rounds
and ended when Branch was knocked
down and struck the right side of
his head against the floor.
Merriweather is in the hospital as
a result of the injuries he received
in the fight and for that reason the
authorities have not put him under
arrest. The question of his accounta
bility to the civil authorities on a
charge of manslaughter has also been
discussed.
Tt is understood that the fight took
place because Branch had. in his line
of duty, reported Merriweather for
a breach of discipline. No one is al
lowed to see the, latter, hut it is ru
mored that he feels the matter most
keenly.
publicans have a representation in the
present Legislature on joint ballot of
about 16. In the next Legislature they
will apparently have about 25.
DEMOCRATS CLAIM OHIO.
Entire St ‘tie Ticket I leaded by Pa* ti
son Said to *lluvc Won by Large
pimiflitr.
» '• - %
(By the Associated Press.)
Columbus, 0.,’ Nov. 7. —Democratic
Chairman Garber issued a statement
at 7:30 claiming the election of Pat
tison and the entire state ticket by a
large plurality.
Cincinnati. Q., Nov. 7 —From 65
precincts returned to the board ot
election it is estimated that the Demo
crats have carried the city ami coun
ty by about 8,000 and that Pattison,
Democrat, for Governor, lias the same
plurality,
Cleveland, 0., Nov. 7. —At S:4O p. m.
Chairman Hy Davis, of the Republi
can county committee, says that Alex
ander Hadden, Republican, for pro
bate judge will probably be the only
Republican county candidate to sur
vive the Democratic tidal wave.
Cleveland. 0., Nov. 7—Returns from
21 out of 240 precincts, indicated that
Pattison (Dem.,) for Governor, has
canned the city bv 6,000 plurality
Johnson. (Dem.,) for Mayor, will If
present rate of gain is maintained,
have 5.000 plurality.
Cincinnati. Ohio, Nov. 7.—George
B. Cox at 7: p. m., concedes Demp
sey's election as mayor by 14,000 and
that Pattison carries Hamilton coun
ty by 12.000. He says Pattison, (Dem.)
has carried the State by 60,000.
Tlk Votin'* in Maryland.
(By the Associated Press.)
Baltimore, Nov. 7- —7:55 p. m.—
Democratic Chairman Murray Van
diver issued a claim that Atkinson.
(Dem.), has been elected State Comp
troller.
Maltimore, Nov. 7.—The News, an
independent paper, claims that the
proposed constitutional amendment to
restrict the suffrage and exclude the
negro vote has been defeated by a de
cisive majority.
Baltimore, Nov. 7. —Seventeen pre
cincts out of 323 give 349 majority
against the suffrage amendment.
Baltimore. Nov. 7.—The News, inde
pendent announces that Baltimore
city has given a majority of 5,000 for
McCullough'. Republican, for comp
troller; 15,00 majority for Chief Judge
Harlan, Democrat, and a majority of
about 25,000 against the suffrage
amendment.
Baltimore.— Twenty-seven precincts
out of 323 give Atkinson, Democrat.
300 majority for the amendment.
1 608; against 2,676. This indicates a
majority against the amendment ol
about 12.000.
All Democratic in Kentucky.
(By the Associated Press.)
Louisville, Ky., Nov. 7. Sixty pre
cincts out of 173 in the city of Louis
ville gi ve Barth. Democratic candi
date for mayor 4.071; plurality ovsr
O’Neal, Fusion. The election of the
entire Democratic city and county
ticket and 10 Democratic members
of the legislature is generally conce-i
ded. Pluralities ranging from 3,500 to
7.00. 0
MATINEE AND EVENING.
Splendid Performance at (In* Academy
of Music —Program Today.
At the Academy of Music last night
the Woods- Browning Stock Company
presented (he rollicking musical come
dy. “A Hot Old Time.” It must be
said for this company that theii per
formances show originality and ideas
that many popular priced companies
would do well to follow. Ihe play
last night was a clean, bright comedy,
full of laughable “’’nations and one
that would °T nost an >°ne. The
handling of ts , "! es splendid.
The play wei , da . sh and sc enes
that display! d stage direction
and thoroug mty on tht * P ai ’t
°f the acto
TWO ARE GUILTY
Adams and Sawyer Await
ing Judgment.
Henry Scott, the Third Mutineer. Has
Now Been Placed on Trial in
Federal Court for His
Life.
(By the Associated Press.)
Wiimington, N. C., Nov. 7.—Arthur
Adams and Robert Sawyer, two of the
thVee mutinous sailors from the
schooer Harry A. Berwind, were found
guilty of murder on the high seas in
the Federal Court today and judgment
was reserved until tomorrow morning,
pending argument by counsel of a mo
tion for a new trial upon the grounds
contained in a bill of exceptions filed.
Today’s proceedings consisted largely
of argument upon a motion by de
fence to exclude the log book of the
schooner which the district attorney at
length withdrew, argument by counsel
to the jury and his honors charge,
which was regarded as eminently fair
to both sides. The jury deliberated
upon the ease less than two hours.
This evening Henry Scott, the third of
the mutineers, was placed on trial for
his life. Attorney William J. Bellamy
appearing for the defence.
Attorney Pesehau for the defence,
stated tonight that he had not yet defi
nitely decided to appeal the case; that
all would depend upon the ruling of
Judge Purnell, upon the bill of excep
tions filed.
The prisoners received the verdict
with the utmost composure and were
not visibly affected. District Attorney
Skinner’s conduct of the case has been
admirable. He has been strong in the
presentation of the facts and skilful in
his analysis of the crime. The pris
oners came to the bar with public
opinion with them, yet after hearing
the evidence and argument} of the
district attorney, not a voice was
raised in opposition to the verdict.
Only one juror. Henry Clay Wall, of
Rockingham, had been agreed upon
to try the case of Scott when court
took a recess this evening until 9:30
tomorrow.
EIRE AT CARTHAGE.
The Graves Stables Suffer a Loss of
Alum $5,000.
(Special to News and Observer.)
Carthage, N. C., Nov. 7.—An alarm
of lire was given tnis morning at about
9:30 and the blaze proved to be in
the livery and feed stable of Mr. G. <7.
Graves. It is supposed the stables
caught from a cigarette in the hands
of some of the boys employed there.
There were ,-forty-three horses in the
stabel but these were all gotten out
safely, and a great many of the ve
hicles down stairs were saved; but
j there were quite number of wgons
■ nd buggies in Hits show room up stairs
| tht were impossible to save.
The loss on building and stock burn
ed is estimated at about five thousand
J dollars. By heroic effort the old Shaw
Livery Stable just across the street
was saved, it living caught several
times. If this had burned it would
possibly have carried with it the Ham
ilton hotel.
Mr. Graves carried no insurance.
NEITHER SIDE SCORES.
A Warm Game of Football is Pulled
Off at Oxford.
(Special to News and Observer.)
Oxford, N. C., Nov. 7. —The Hen
j derson Athletic Club played the first
I of their series of football games here
! this afternoon versus Horner’s Mili
tary School, the score being 0 to 0.
Thb line un of the Henderson team
was by far heavier than that of the*
Horner School team being all boys un
der 19 years of age and weighing on
an average of 18 pounds less.
The ball was contested for within
10 yards of the center of the field
throughout the entire game. A large
attendance: and many young people
from Henderson came over. Star play
ers for Henderson. Howard and Peace
and for Horner’s, Coacher Taylor, Hill
Raines.
FOUR MEN ARE KILLED.
The Result of a Head-On Collision on
tin Rome, Watertown and
Ofcde:isliurg Railroad.
'
(By the Askdciated Press.)
Syracuse, N. Y., Nov. 7.—A passen
ger train on the Rome. Watertown
and Ogdensburg Railroad, mound for
Watertown today collided head-on
with a locomotive drawing two freight
cars, near Liverpool, six miles from
here. Four men were killed and one
seriously hurt. Milton F. Toms, of
Lyndonville. mail clerk, is one of the
men killed. The other dead were
members of the engine cryws. No
passenger was hurt.
DEEP INTEREST FELT.
Asheville's Eyes Will he Turned on
Greensboro During the Conference.
(Special to News and Observer.)
Asheville, N. C., Nov- 7. —Asheville
people are perhaps more interested in
the annual session of the Western
North Carolina Conference which con
venes at Greensboro tomorraw than in
any meeting of that body for several
years past by reason of the fact that
Rev Frank Siler, who has been pas
tor of Central M. E. Church here for
four years will be assigned to another
station and a new pastor sent heie.
There is much speculation as to who
will get this assignment and tne
Bishop’s appointments are awaited
with much interest. , .
Mr Siler has made a most efficient
pastor here and is much esteemed and
loved by his congregation.
To him a large part ot the credit is
due for the magnificent new building
recently erected by the congregation I
of Central church.
The Methodist pastors and lay dele
gates who left today for Greensboro
include Rev. A. W. Plyler. presiding
elder of this district; Rev. Frank Siler,
Rev. A- T. Bell, Rev. J. W. Crutchfield,
Rev. J. W. Moore, and Rev. L. B.
Abernety, president of Weaverville
College.
The lay delegates are Dr. J. A.
Reagan, of Weaverville; S. T. Hodges,
of Hendersonville; and George L.
Hackney and J. A- YVild. of Asheville.
Dr. Lewis Elias, who now resides here,
is a representative of the Franklin
district and poined other delegates
from that district here this afternoon.
BLOODY WORKS OF MOBS.
Many Hundred Killed in Villages and
Thousands Wounded.
(By Associated Press.)
Odessa, Nov. 7.—The mobs com
pletely devastated, plundered and
burned al! the Jewish houses in the
suburb of Da,lnik. In the large villa
ges of Severinovka and Anatolieta
and the towns of Ovidipol, Maiaki,
Akkerman, Ataki, Olivipol and Winit
za, many hundreds of persons are
reported to have been killed and
thousands wounded.
The details of last weeks massa
cres at Odessa are gradually leaking
out, and only serve to add tb the
horrors. It appears that the soldiers
ruthlessly slaughtered the denfendors
of Jewish houses. In one case 46
railway workmen who were defending
Jews were shot.
At the Jewish Agricultural School
the rioters first secured a large sum
of money from the principal as a
guarantee of his safety and afterwards
retimed and demanded more. Failing
in obtaining it they slaughtered a
number of the pupils. The rest es
caped.
In another case under horrible tor
ture rioters forced a Rabbi to surren
der the key of his safe containing sl,*
100 deposited in his keeping and then
killed the Rabbi and His wife.
Military Break up Meeting.
(By the Associated Press.)
Warsaw, Russian Poland. Nov. 7. —
A meeting of 5.000 employes of the
Vienna-Vistula Railroad was dispers
ed this morning by the military. It
is remored from St. Petersburg that
Governor Skallon has been dismossed.
TO DAVIS' MEMORY
Ground Broken for the
Monument.
The Memorial Which is to be Reared
at Richmond by the United
Daughters of the Con
federacy.
(By the Associated Press.)
Richmond, Va., Nov. 7—Ground
was broken here today for the monu
ment to Jefferson Davis to -be erected
by the United Daughters- of the Con
federacy and to cost $50,000. Mrs. S.
T. McCullough, of Staunton. Va.,
chairman of the monument commit
tee, presided at the ceremonies, which
were simple in the extreme and were
witnessed practically by the members
of the building committee only. The
unveiling ceremonies are fixed for
1907 and are expected to be highly
elaborate, the whole Sooth participat
ing through prominent representatives.
PRESIDENT AT OYSTER BAY.
He Casts His Vote There and Returns
to Washington.
(By the Associated Press.)
Oyster Bay.. L. 1., Nov. 7. —There
were only a few persons at the rail
road station when President Roose
velt arrived here to vote as it was not
generally known at what hour he
would reac here. After shaking hands
with everybody in the station the
President was driven in a carriage to
the polling place in the fifth district.
This was a hall over a Chinese laun
dry and a fish market. There was
a good sized crowd at the polling
place and the President shook hands
with everyone.
“I have just completed a Southern
trip.” he remarked, was very
pleasant, very pleasant indeed. With
it I have now spoken in every state
and territory in the Union and, now
I am through. Let some one else do
the talking.” The President received
ballot No. 61 on which he voted for
Assemblyman, county judge and
school director. After returning to
the street the President stopped and
chatted with some neighbors and
then drove to the town hall where
Secretary Loeb voted. While wait
ing for Mr. Loeb, the President talk
ed with some of the towns-people and
a number of children who gathered
around the carriage. When Mr. Loeb
returned the President drove to the
railroad station, where quite a crowd
had assembled. The President greet
ed everybody in a friendly fashion and
alter a stop of ten minutes boarded
the special train which left at 9:30
o'clock.
Washington, Nov. 7.—President
Roosevelt reached Washington from
Oyster Bay at 4:40 o’clock this af
ternoon. having been on the road since
12:30 last night, with the exception
of the twenty minutes he spent at
Oyster Bay.
A letter just received in New York
f'-or’ Mrs. Humphry Ward was dated
at Versailles and spoke enthusiasti
cally of the beauty of the fall days
there. Later chapters of Mrs. Ward’s
new novel, “Fcnwiek’s Career,” be
i.tnninrr in the November Century,
shift the sceftes of the story to this
beautiful historic spot.
♦♦♦♦♦♦♦♦
J TIIE WEATHER TO-DAY. J
For the City. £
: ,v,n. j
Price Five Cents.
SUPREME COURT
OPINIONS FILED
Digests of Decisions
Rendered Yesterday.
COMMENT ON LIQUOR
In State vs. Mclntyre, Judge Hoke De- ,
livers Interesting Dicta. Gattis
vs. Kilgo and Saloon Man
damus Fail to Appear
in Conrt.
The Supreme Court handed down
opinions yesterday in nine cases, none
of great importance.
Gattis vs. Kilgo was expected, but
the decision was not forth-coming.
Although it was only argued last week
there was some expectation of a de
cision of the Court in the matter
the Saloon election mandamus in the
ease of the Board of Aldermen of the
City of Raleigh, but that also failed.
Possibly the most interesting fea
ture of the day's opinions is dicta
of Justice Hoke in the case of State
vs. Mclntyre, already referred to in
these columns as involving a possible
extension of the principle la.u down
in the famous liquor case referred to
as the “Union County case.” Tm-*
court does not follow the reasoning
of the lower court in the matter of
the Cumberland County law, arresting
judgment in favor of the defendant,
who was convicted solely of having
in his possesion two gallons of whis
key.
After out-lining the reasons for the
opinion of the court in the particu
lar case Judge Hoke says generally:
“We are confirmed in this conclu
sion by the consideration that there
is grave doubt if it is in the power of
the legislature to make the mere own
ership or possession in a given amount
of whiskey in itself a crime. The
right to own property is ordinarily
one of the rights regarded as funda
mental. to be forbidden, forfeited or in
terfered with by the Legislature only
in the assertion of eminent domain
or in the exercise of the police power.
Only in the rarest instances can the
police power be called on to regulate
or control the conduct of individuals
in the privacy of their own homes,
or when not involving any relation
ship to others or the public.
“It is true that the Supreme Court
of the United States in Mugher vs.
Kansas,, 123 U. S. 62 and in many
cases since that time, has given de
cided intimation that the police pow
er can lawfully be extended to al
most any phase of the use of spiri
tous liquors, and that Legisla
ture must determine the extent of
such exercise.
“At the same time, no legislation,
so far as we recall, has yet gone to
the extent of making the mere own
<;"ship or possession of whiskey a
crime, except, perhaps, in furth
erance of a State monopoly when in
aid of the State’s revenue. They
have all stopped short of dealing with
private consumption of whiskey’ says
a recent writer on the subject. The
only one we have discovered which
approaches the extent claimed for the
nrepent l‘aw, was one in the State of
West Virginia, making it a crime to
keep in possession spirituous liquors
for another, and this was declared un
constitutional by the Supreme Court
of that State. State vs. Gilmore. 33
W. Va., 146."
Digests of Opinions.
Digests of opinions filed yesterday
as follows:
Misenheiiiier v. Ritchie, from Stanly,
per cui’ian, ailirmed.
State v. Thompson ami State v.
Morton, from Stanly, per curiam, no
error—both cases by authority in re
Goralmi, 129 X. C. 182 and in re
Young, 137, X. (’. 552.
State vs. William Mclntyre, appellant,
li’.nn Cumberland. Judgment Ar
rested.
The defendant was indicted under
the law regulating" the sale of intoxin*
eating liquors in Cumberland county,
he having in his possession and under
his control more than two gallons of
whiskey at one time with intent to sell
the same. TheuJefendant was indict
ed under chapter 125 Laws, 1903, and
Ch. 800 Laws of 1905.
Held, 1. Chapter 125, Laws of 1903,
making it unlawful to rectify, manu
facture, sell or otherwise dispose of
for gain intoxicating*liquors, etc,, con
tains no provision making it indict
able to have in possession whiskey
with intent to sell.
2. A statute having already clearly
defined th e acts made criminal so far
as individuals are concerned and im
posing punishment for its violation
which in a subsequent section reads:
“That it shall be unlawful for any
person to have in his posession, or
his or her control, more than two
gallons of spirituous liquors or more
than five gallons of malt liquors at
any one time, and the possession of
a greater be primu fa
cie evidence that such person is en
gaged in the illegal sale of of liquor, “ls
dealing merely with the administra
tive features of the law and the lat
ter part thereof “shall he priina facie
evidence” gives clear Indication that
it was the only effect contemplated as
tije result of the forbidden possession
mentioned —which can only be inter
preted as giving such possession evi
dential force in the charge of illegal
sale and not as creating a distinct
and substantive criminal offense.
I* K, Lindsay, et al. vs. John M. Aus
tin. appellant, from Union. Partial
New Trial.
Action of ejectment to recover two
tracts of land, one of 5 1-2 and the
other of 35 actes. the former under
(Continued on Pago Five.)