.c:
1 "
:. : y ....y y-..y . , , .,y , .v.. ;.'.;
V - ! na: UnuseMIed Wednesday
.:-:ik i5TIr2hatoth
fc
VQIiUSIE IiXXXVUI, -NO.;
TiowlIomaiijBpund on
LACK OF VIE Jl
It l r nwtalif at VhAt TW lfe WU1
'! Toucir to; Amply ;,liUs ilearp Jfews
Hashed Trixa 'XabradorUy rro-
ceed to Noiia
Before GlTlng
3Iore Detalli of lUs Triumph. ,
lobcrt; E.; Peary, having "najled
-the Stara and Srlp6fl(to the. pole," on
. - April I'. 1 b V, ; as told, ini series of
; messages flaned by -wifeleM yester-
day. from the coat of Labrador, 1
; figuratively lot;to thi world; tonight,
homeward bound on his ship;, the
-:Joosevelt.;;T;:.4;:. ' ';'''y
" At Copenhagen, ; Denmark. roy-
.' alty ' continues ; . to pay homage to
. Dr.. Frederick A. Cook," Jthev Brooklyn
explorer, who announced' dayat ago
y in a "Wanner not pn8lmIlarto Com
mander PearyV,'that he' had unfurled
.the flag of hlr country; at the pole on
April 21, 1908.' Neither saw Indica
tions of the other's achievement;-both
will be in the United - States before
.the close of the present month. '
- Commander Peary on the Roosevelt,
- according to .bst reckoning, was in
the vlclnity.of the Strait of Belle lsle,
; between' . Ivew, -Foundland .. and the
, Provmce of Quebec, tonight. ; But it
la uncertain" what port he will touch
" first to amplify the meagre news of
yesterday. Inadequate telegraphic fa-
"'cllltlea on the Iabradot coast and the
northwest coast of New . Foundland
may move him to decide to proceed on
southward . to North , Sydney, Nova
Scotia,' before he sivca to the world
details t)f - hia triumph lrf - the far
""north.;';-: -.'.; ":::'''";;'; -
Comander pea"iy had Intended fetop
I Ing at -Chatcar 3ajV Iabradpr. pos
sibly tonight, bui fie telegraph statioa
Iherc wisa yban icl some t time apro ,
and tbeTloosevf ,r titcst puEh herTiose
further outh bJiora the world ob
tains the. rev.?. she cencs do" n
Kew roi-.ne'..nd 'it t, lied iuy, ana.
further couth. Lt. J r i Day. are at
hand, but whtthi. l ury wiiravail
himself of these pcl.n.i or continue to
North Sydney. Crpe Breton, where he
will have every ('.facility at hand Is a
1 matter, of conjecture tonight. , It Is
M30 njircs from Chateau Bay to North
Sydney, and the- time of his arrival
can only rbe guessed . at. But the
; I'loosevelt may , reach there ;late to
morrow. '" . , ' . ". .
Wltli her husband's plans uncertain
and with no fpeclflc message to meet
; him, Jlr. Peary. In -waiting at her
"homo at.Kasle Inland, Maine, In read
iness to depart for North Sydney. ;
Herbert L.. Iirldcman, secretary of
; the PearyVAn-tlc Club, left New York
f" for North SSydney tonlghL - In addi
tion to greetings frtm the Peary Arc
: tic Club. Jlr. .ltrldgmah carried the
t mesaasea from the) "JCxplorers' Club,
',of which ithe 'commander, and Dr.
Cook are both members:- '
"Th4 ExplorfcTs. Club , Benda you
; heartteKt cpn?ratulatlons, upon your
" triumphant. attainment .; of : the.long
, KOughttgoaK -the north pole." .
' . Anjthony Iiala. who commanded one
of the :Zies;l;r. expeditions to the pole.
Is a member of the board of directors,
'sending the "message..
i j Several additional ' messages, filed
! jViterday at Indian Harbor, were re
J ceived 5 by associates of Commander
Peary today, but hone of them gave
any further . details .'of' hU -conquest.
J Thmuf h 'lit J Brldifman he notified all
I geographic' societies of the world: of
, his discQvery add .in addition sent a
i personal ; dispatch to '.the National
' Geographical Society rat Washington,
saying; fHave won at last- ; rThe
; pole Is ours." r ?V, V,
Continued ton . Page Two.)
ENDED HIS um
Prominent Mcrclvant of 'New Orleans
Commit Suicide In Tfcw York. V.'
f (By ' the Associated Press.) .
New York,-. Sept- 7 The body cof
T-.L. Schmidt. 30 years old,-a mem
ber of the wholesale grocery llrm of
Schmidt -& Zlegler. of New Orleans,
was found-in a room in -the Gllsey
Ho-use today with hlo throat cut and
the arteries in; boih arms severed, A
small razor, knife blade of the kind
used .in safety razors was found near
the body. ; 'y m v;,-:&-,.,;.v; .-.
- No letter or. note !of any . kind was
left , by the suicide . to explain ' his
: New Orleans, , Iav Sept 7 .Theo
dore 11. Schmidt, who committed sui
, clds today in New York, was a prom
inent, business man. He, several years
ago; sold his Interests In the firm of
Schmidt Sc. Beigler, of which his fath
er was one of the '. founders. His
friends here attribute ' th suicide to
despondence, brought about by finan-
urcvewa, .zir icsvei a wmuw ana
chlldv : ' "v J-i"''
C.IXEX TlVKNTY ? TEARS.
V- ' y '" "' ":V. T'.i '.U'--
Jack Worthlngtoii Convicted of Crlm-
RDLl
P1B
LIMA
one
1
; . ' ',:,inal AsuK..'":u . ' ,
j (By the Absociated Pres'a) . '
Cartersvliie, a.. Sept. 7. At a spe
cial jterm of the J3artow county Supe
rior (Court here Jack i Worthlngton.
whiteXwai todayv convicted of criminal
aja)il upon Miss Mary Elrod. . with
. recpmtnendatlont to'.nercy and was
ventehced to 20;yari in the peniten
tiary. Dink Worthlnglon, co-defend-niwY
clul"ei. f i- - ' y -
a Ju l ?ase of vm Golden, another
h,te1l1tna11. charged with criminally
WMf-li!r n'iMUM Annlo Gentry Js jnow
. , .V - , . ' '-
y'-- y; ;;... ' - '.
L-vivl X
vyX ''''''' 'j'" '
93
Has V: Reqeived An Im-
mense Offer
ECEIVES GOLD UEOIIL
Docorktrcl by the Crown Prince Willi
CovHed tCJf"" lAWtai to Geo-
gra; iliical Society, But Adds Notli-
lnjr Xw-Will Not Bnter Into Any
Con troTersy With Commander
Peary. :.V-; i '; V .!V
(. ' '..
By tHe Associated Press.) '
Cop enhagen, Sept. 7.- One of . the
most 1 remarkable v results . ef : Com
mand r, Peary's rivalry with Dr. Cook"
for th; discovery of the pole Is that
Dr. Ccok's profits from the enterprise
are lively to be largely increased. lie
received today offers for his books and
lectures at twice the figures previously
tendered.' One American of the highest
standing cabled terms almost startling,
and," it Is believed, far beyond . any
sum hitherto paid .for such work.: Dr.
Cook is likely to accept this offer. " '.
. The icolloquy is beginning, to Igrow
warmer ; here." Commander ; Peary's
statement Is "unanimously accepted as
true; hot there is a very large follow
ing faithful' to,' Dr. .Cook. His lecture
before, the Geographical Society ; to
night, however, added little to the in
formation ' he had ; already ' given out
with reference to 4 his expedition and
he1! repeited the declaration of his in
tention to Withhold details until , the
publicatrpn of his book. : i . -
- The kjng- and queen. Prince and
Princess, George of Greece and'many
of I the- members of the royal' family,
together with a r large gathering of the
most prominent people in Copenhagen
this afternoon,' witnessed the presenta
tion to Dr. Cook of a gold medal by
the erownprince,.and listened to the
explorer's lecture afterwards. Standing
in front of an Immense map of the
Arctic regions, which was surmounted
by the stars and stripes. Dr. Cook out-J
lined his progress to the north ; pole".
Introducing' the explorer." the crown
prince - aid ' that his receptIoit- ln
Greenland and at Copenhagen showed
the i way the Danes appreciated-his
wonderful exploit. --The : prince . them
bersred the hojior of pTeserrtlci -;ta
him the- medal of the Geographical
'It is too early," said the explorer,
to give the general results of the ex
pedition. Time Is required , to direst
Continued on Page Three. . . -
ElJ:i;:3 STATE :GdUHT
SUIT AGAINST ATL.NTIC COAST
-?" '; 'ix V:X'r:
(Special to News and Observer.) V
Asheville, Sept. TA novel suit, en
titled J. E.; ttheredge, administrator,
for Joseph cj. 3theredge deceased.
agalnstthe Atlantic Coast Line Ball-
way,! ready for - trial in v the Siiprlor
Court, of Sooth Carolina, has been en
Joined today by Judge Pritchard . and
removed to Ihe United States District
Court:-' r.;".-:V:V;. : 'Ut;
This action waa taken upon applica
tion of the Atlantic Coast Line. Ether
edge alleges In the original complaint
mat the deceased was approaching:
a grade crossing oiuthe Atlantic Coast
Line' and a watchman told him to "go
ahead.". The .railroad wasa; shojrt
distance , from the crossing, operating
ft, sUtlonery engine, and Etheredge's
horse, becoming4 frightened: by) the
noise ;of the engine. ran away,; killing
the man. h The administrator brought
suit against the railroad, alleging crim
inal rfegligence and made the operator
of the stationery engines party to the
suit. : A . Vj;.-
r The case promises ta be hard fought
and will be r test case -as to liability
of accidents caused by railroaas rather
than. by trains. . , ' i ' .,
OnOEillBOOOlELECTIOil
BETHANY, TOWN WILL VOTE 4 ON
, ISSUE FOR STATESV1LLE AIR .
, LINE RAILWAY. .''"', ;-
(Special , to News jand Observer.)
Statesville, Nr cj; r Sept ; ,7-The
county commissioners f yesterday or
dered 'an, election to be heldln Beth
any township, October ; Sth, to - vote
on the' question of the" township's is
suing $12,500 " bonds7 for the States
ville Air , Line Rauroad. .The'.Jir
Line; Railroad 'will 'run through this
township but Tor come' reason ."at. a
former., election in the township, at
the 'time when other townships voted
borfds for,, the road, I the . bonds were
lost by avmaJority of two Votes.;- Now
that the railroad - is a .certainty,' the
people of i Bethany arebeginning te
realize what it will mean to them and
it is believed that the next ' election
will, result in a victory for the rail
road. Everything now points' toward
the success of the . road' and as soon
as the State convicts are " available-
probably within six or eight 'months
work will begin. Wlnston-Salem will
be , shown . in a ' material way from
whence- the nrst railroad will
Yadkin county,
enter
Mom
li; Vf'iUV i-i .y y- ;;'-';'v
IvyV V- V-S
" .
. .-.-.j mm') w ijP"" --. yr'-K
M xf Jlilmi (:&i v '
;M!kV M Nii Wet - ItWiPii
it " :.' zjj i -M . i i r ii i 1
'The , AeroplanistWrecked, be ,
ELf.7.1 TELLS OF SSIOQTIi:
SAYS THAT, UE WAS OBEYING
; . THE ORDERS OF C1EUTEN-,
XuS ikr. IN SIIOOTXNG
VT.. ilk i.kol.ll T.a V .
- i S Z r; v,!--,,,. Jwrv. tlnr 1
Tr-L:''-. I"!:
Lieut 17.1 Ilazelhurst and JPrlvate
Grove?' B.; Elanvr of "tae Eeyenteenth
Infantry.' U." S. A-,- on 'charges f man
slaughter growing out of the" killing of
private Edward W. Coulter of compa
ny D, -Seventeenth Infantry,- on Ahe
night Pt August.' 7th opened before" the
general court : martial rat; Fort .Mc
Phersonv today; a ''I;- 0 ft' .; ; '-Z J :
'The; star witness of the first day's
proceedlngs.was -Private Elam. who
fired the . shot -that " killed ' Coulter.
Lieutenant Haxelburst had' taken sv
squad to investigate a disturbance in
a near-beer saloon near" the ' fort l On
approaching- the. saloon.' two soldiers
ran out and made for the reservation.
One was captured, but; Coulter failed
to obey the command to halt and was
shot down' by private Elam,-. who
claims to have acted 'under, orders
from the lieutenant" j - f ?- ' '': -
. "Sir,' if l- Lieutenant Haxelhurst told
me to fire into the air I did not under
stand It that way.'f declared Elam. t
"Coulter was escaping from me. I
didn't know whether -tq shoot, or. not
so.'T asked my ofllcer. I v understood
hlnr'Slmpif to. reply. lyes, shoot On
that comartd I fired and" Coulter felL"
Elam told the court that he did not
shoot with the deliberate, aim of kill
ing - Coulter. . He said he 'would not
swear : that ' Haxelhurst " - did not say
more than yes, hoot, but he heard
nothing more. . . ..
- private -ElVner H. Smith, the thiol
member of: the squad nnderr Lieuten
ant Haselhurtt 'testified that Private
Plnkton, who ran oat J of the saloon
with Coulter, obeyed the command to
halt and -was-left in his charge while
Hazelhurst and ; Elam - continued In
pursuit of Coulter - He did not hear
the order 'to 'fire, ; He testified thai
Plnkton was Intoxicated. ..
. Elam. said .that ? the shooting, took
place outside vthe reseratlon., .After
Coulter fell. J Lieutenant Hazelhurst
said , to witness. fWhy, I told 4 you' to
fire Into the atr." i
The members of the. court this af
ternoon viewed the scene of the shoot
Ing. -' .. -. ? v. . ,"..',.--;-.v:
- " 'U- :
PRISONER AS TRYING TO MAKE
v. 1IIS ESCAPE . tatOM'TtOAD
BUILDING CA3IP. . ,'.-'
(Special to News and Observer.) '
Greensboro, N. C. Sept 7. A negro
convict serving'. sentencer'on roads,
while attempting to escape was shot
and Instantly kllledf by a guard at the
Mountt Pleasant "road bujldlng .camp
yesterday ; , The negro ws sentenced
two-weeks agoto' a 'four weeks term
by -City Judge Bure for trespassing,
giving his name as William Turner
and his residence as Durham, lite
only official notice of the kniinrr was
by a phone message asking the sheriff
for permission to bury the-"body at
the county home and if was Interred
there this afternoon. ' ' . . .
NAVAL CONTRACTS.
" 1 ,
For Do k In Hawaii and For a Fleet
.CoBler.
- (By the Associated Press.) '
' Washington. . p.. c Sept. 7. 'Con
tracts with 'the .San Francisco Bridge
Company for the construction of the
Pearl" Harbor dock,, Hawaii, rat, 11,
760.000, and with the Maryland Steel
Companyy of Sparrows Point for the
construction-of a fleet collier at $SS,
000, were signed late today by acting
Secretary of - tho 1 Navy AVinthrop.
0UAE1D KILLS - A C03T
7'l ?
: ( '
MM
itnnrvsrjv mr?air TTrr-Ti & ir -
gum, on a deserted planetl ;
nuLESfr.c:;:;sT;Ti!E;onYS
v i-'X
JUDGE KELLY HANDS - DOWN AN
OPINION IN LTUSTOL ' &
'i" m?t- ttf -' ''' ' ' .-' ' ?:'' '
(By- the Associated Press.)
' " Bristol, - vs..
Sept-- JZ, AT ecisk
Tbande4Vd6wntbday4lyudge:Keller,
mm ..w w rw mm f m,mmmmw rnVmr-iim J .
of .the .-corporaUon; court.- in -the. local
option cases, iv considered as tan tar
mount to a declaration of -the legality
and regularity of th election held, here
ion July 8th, in which the saloon ele
ment won by a majqrity of 81 votes.;
The prohibitionists: in contesting the
election, alleged that more than fifty
men llving on the .Tennessee side- of
Bristol cast votes in ihe.eIectlQn.uThe
court 'held that a person once acquir
ing citizenship In Bristol,: y., tnir, go
wherever he likes and return and .par
ticipate , In any election. ' -M " 1 r,
. The: taking of testimony In the con
test continues. 'iXj.i"::'x.
iioiislFDiiiFli
v--. .y- C'f - i-&-r',iJ.-' a"-
EX-CONFEDERATTS -; ARK GIVEN
ROYAL TIME A REUNION AT.'
. V . CTIC., NEW YORK; : '
" (By- the ' Associated. 'Press.) "r ;
' Utlca. N. Y Sept 7. About" fifty
ex-Confederate soldiers "Xrom the Vi
cinity of Wilmington; N... C.,v, arrived
here today for a reunion-of survivors
of the fight- at Fort Fishery- January
It, -1855;. whlclf resulted; In the cap-'
ture of that -stronghold r by regiments
fromthls section o( the.eountrY, " ' 1
The men from the South are being
given a pleasant reception .here Not
only are the Grand tArmy men- present
from all of central and northern New
York but the city has' been deeorated.
i or me occasion. Aoasy 'wasspei in
sightseeing. and thla evening a,-formal
welcome was extended. Wednesday
evening Governor Hughes and . Vice
President Sherman-will speak at. a
meeting to-be held in the armory.-In
the forenoon there will, be , a parade
in which 1,00S 'school children , will
be in line. - Thursday -will be-given up
to . an excursion - to, ., Cooperstown and
Otsego Lake.- p -v . .; . s y.
Several receptions, and regimental
reunions-have been planned. ? ' .
MlILEOT, COrnN. tV'TD T"! VICIX-
. - tv.'a -.- X?,
Jr 'X': yfX "x "I
f f v.;;.1;
" ' ' ' fl :'''.-:.' ';' : ;.
. ;...-: s;.- :J .
i i ':K:i-" : '-'
' .1 'i:B:l:?;Si'::--.ai,.'
;..;'::..:;;.Vv;V;:'::
" xr ' - - V . -
x
p ! A rY? fLj A Vn fJ
f' '' jy ) i ) I
1
i -
VEODICT ASTOUriDS I'UDBE
r.
:l.
JURYjACQUmW. BL ; AND-TtOB-
& .ERTPRI
I'." ' . -
PRITC1IARD IN.CALp
W.ELL COUNTY.
(Special : to Kes .'and ' Observer.)
Lenoir 1; Ci Sept "7. In thi Su
perior- t:ourt -lerethis-.morr. the
Jury '..returned verdict Tof not guilty
In the case of the State vs. W.-M. and
i Robert Pritchard, charged-with ; hom-
iciae.- T.ne conrt room was rwell filled
with men and women eager to ' hear
the verdict Everybody was astonlsh
'ed beyond measure." whea th - fore
man' announced they had, agreed and
their verdict was "Not Qulltyt ;V; -:
' The Judge turned to 1 the 4ury and
asked:. "Not guilty of any crime??; And
the reply came, "No, sir., fls honor.
Seemed dumbfounded for s - - moment
for .the want of something to say, .and
discharged the Jury and prisoners. ' -The
facts In the case ' are ,. these:
Last spring deputies Garland and Sam
Smith went to the Harper Creekr sec
tion In the northern part of the coun
ty to arrest a man named Honeycutt
who was' wanted for blockading. He
wanted the Prltchards to ; go on; his
band: r Whfen the Prltchards came on
the .scene they demanded the 'release
of .Honeycutt andl threatened to kill
the officers If he was not released. One
of the Prltchards shot at h officers
and killed the prisoner and came near
killing Deputy Garland, f "" .
' After the Prltchards we're releaseil
they were arraigned for assault with
deadly weapons on the : officers, and
plead guilty.f The Judge gave - them
the . limit "of the law, iwhlch is two
years, and Is , quoted' as having .'said
that was - the best he could do f;or
them, and wished he could give them
a longer term. " v f L
POOR DAY FOR PRACTICE:
Eight New. Stationary Target : Being
Constructed.
- (By the 'Associated Press.)
Norf oik, Va. Sept 1. The Atlantic
battleship and cruiser f fleet had 'poor
conditions today for their target work.
O'Brien was still, with the- fleet but
she was., the only battle practice tar
get on the drill .grounds, r V 1:;
" From the navy-yard today it was
announced that eight new stationary
target barges were being ; constructed
BUT.'.-: THEY
WERE; A REPULSED
WITH : HEAVY LOSS-SPAN
i. H
i ISH LOSS LIGHT. .
4 v (By the Associated "Press.)''
fV'-Melilla, r Morocco,- Sept - ,7. Two
columns of Spanish troops leaving El
Arba to concentrate at Haddara.v Vero
attacked by the Moors yesterday but
repulsed the ..enemy: witlv heavy loss.
The Spaniards had two. men killed and
wotnaea. . . . i
' SIN . OF. OMISSION '
v ; ;::-
The Cause Which Led to Dismissal of
: , . CdetBooker..,-;!..;.;
By 'tho Associated .Press.)
3-.. West Point Ga. Sent .' 7. Cade
i John If. : Booker, of this city, had
nothing-whatevea to do with the bas
ing of Cadet Rolando Sutton,, but was
dismissed from the,-West Point Mili
tary Academy for- permitting without
interference, cadets of the third class
to recjuire cadets of the fourth class
to get down on all fours . and run a
race as horses and then auction 'them.
This is the information Just received
here. In 'a letter from Secretary of
War Dickinson to Congressman W, c.
Adamson. " "Booker was a senior.'
-Secretary Dickinson stated that" it
was likely Congress, at its session
would call for and publish the report
of the board of Inquiry. , -
;' ' o '
A.
"t n
I. I
1VJU 1 II
ItlA; Learned Opm i q ir JE vp
W"v:-:
Fvorfpfith
for-..use-'- by - the , fleet during .the .- re
mainder of the practices and maneu
vers' in-itbese waters. Some ' of these
wBlj-be Vueed in 1 torpedo work- by the
remaining vessels of the Atlantic tor
pedo - flotilla.: .The " aim . wilV. be to
blow, up 'these targets by .torpedoes
shot out from the torpedo boats 'un
der, rough water conditions.,'; v;
; ' v ' ''''v' :
REPRIEVE FOR DR.' ELIOTT. ,
Tremendous Interest ' Taken , In ' the
' v Condemned Sfan Who , Slew Hotel
'Kej?ei.-;' ; -.f :4V:
' Lagrange,' GaV Sept 7. -Dr. J. MJ
Elliott condemned to be hanged on
September. 13 th" waa today granted a
respite until October 4th by. Governor
Browne ' . ' : -, ; '-. .-. --. : : ;:-s ,--: v ' -.-" -
' Never in the criminal court history
of - this 'county has there ' been such
numerously signed . petitions presented
in behalf of a man condemned to die
for: murder. " At 4- Macon. - where a he
lived for some time influential citizens
are active In the man's, be half, and at
Chattanooga Elliott's boyhood home,
a petition bearing more than ,6,000
signatures has .been presented. I
Elliott killed G. L. Rivers, a hotel
man of ; this place. - ., , ' j-;
, 0 " V .'
3IRS. nELEN DICKINSON DEAD.,
Wa pauhter-ln-law of. Secretary
H v ,,,of ; War Dickinson. , ouv:$
v : (By the Associated . Press.) V;
- Nashville, Tenn.. Sept.' , 7. Mnu
Helen '.Dickinson. wife-- of Overton
Dickinson, son of the Secretary of
War, died .this - morning C at Belle
Meade,, near here, of heart failure. She
was 'Miss - Trenholnv of : Charleston,
:.;" BANK OF. MOORIXVILLE. ,
Authorized ' to Bejrfn Buslneaa With
.u -. : v OapltaSiock of $50,000. . V
' ( Special to News' andObserver.) v'
- ."Washingrotn." D. - C Sept- "7.-The
Plrst-N-.tional.Bank -of .Jloorasville- has
been authorized to begin business with
ISO.OOO.capltaL t j
, ' George- C'Goodman Is presidents W.
C. Johnson; vice-president and C P.
McNelry; cashier. . v Vv :
TlEllLLl ISSUE 0O5
HAS JryiTED BIDS , OX A $3000
V 00& ISSUE TO MEET E3IER-
GENCY..X. , , :A .';-?;; v"-,
'if-
;;.;v (By Cthe?" Associated Press.)
Washington, ,D- C.,: Sept : 7. -The
Turkish government has ; invited bids
for 930.800,tCi0 bonds bearing four
pel cent " Interest with 'One per .cent
for' an amortization fund. ',;:
' The Imperial Ottoman embassy ' in
Washington .-today announced ' officially
that on the strength of article 36 of
the financial law for the current finan
cial year, the Imperial Ottoman, mln
later of finance has decided to contract
a loan of 5.000,000 Turkish. - pounds.
(approximately 1 3 0. S 0 0, 0 0 0 ) , t he rate
of inteerst ; being fout per,, cent and
the rate of amortization, one per cent
.-The product of this loan will be de
voted .to the payment ef the. debt due
to the Oriental Railways, according to
recent arrangements to the payment
of the ; debts of : the deposed 8ultanf
to tie" establishment of an . extraor
dinary relief fund i to be used for re
pairing the damage' caused by the
recent disturbances at 'Adana; - to the
meeting of deficit of tho n Imperial
budget for the current year j to the
payment - of ' indemnities to - officials
placed on the retired list as a result,
of the re-organlzatlon of the various
departments of state, and finally to
the meeting of the . expenses to be ln
curred by the reorganization ; of the
civil and military pensions service.
ORDER ISSUED J. BYrtTHE INTER-
STATE COM3IERCE COMMIS-'
SION INXU3IBER CASES. ,
V t-.. ,ry . ..(-,.-' , ' -
(By the Associated Press.) -jJ,
Washington, Sept 7, -An order in?
volvlng approximately a million' del
lars In reparation was Issued today
by the Interstate -Commerce Commis
sion. It - included ; claims fn which
is known-as the: Central Yellow Pine
Association terrltorj'-r-Loulsiana, Mis
sissippi and Western Alabama--end
Involved a refunding, or amounts paid
by a large number of shippers of yel
low pine lumber from theterrltory to
points in other. States oTwhlch an
overchae of, two : cenu a hundred
pounds waa collected by .various rall-roads.r;--.
f 'M'1-- ;, : -C';'
: The settlement -'of t the cases was
made on the jame ,basis as that ef
fected in the yellow pine lumber cases
In other territories of the South, sixty
seven per cent of, the provable claims
being-alwed, :j:fji;;;t
J BisiWrWttcally. :t
; Nashviile.TAnn.,-' Sept. T 7. Bishop
Seth Ward of the Methodist Episcopal
church.. South, la critically ill arToko-
hama, Japan.-' -This Information was
received ; here today In a cable to Dr.
W. rt 'Xambeth, missionary secretary
of th church.
! K:
S10S0IO . BEP1
- --';.. - . . i . ! . - -
I r'r
1 - " '
: 's
Weather Yesterd ay
Sfaximuhi tcmperatnraj
?z; minimum lemperaicnj.
58; total precipitation for
24 hoars, 'ending 8 p. m.,38
lnclC i - j .
H v v PRICE CCEOTfiPr
"-
Gill
iy; I ss ii c ' V7as D c c icf del I ri
A i.'
Complainant Gil Company Taxed W ith i
; Uie Co6t-Appeal .Taken . to ho j ;
X'nlted States i Supreme' Court-Ef- ;
- feci of the Opinion Is to Allow the L
. Board of Agricultore. to ' Proceed '
With, the Enforcement, of ' the In
;lectlon "Ait Junt as if no Suit Had
Been BroaghulControTersy '. Was
Over Act of the Legislature of 1009 ..:
For tlie Inqpectlon' of Uluinlnatlng
Oils and Fluids. ' r ' ' ' ? ' :k --.-'' :
' ' -; v.
'f The opinion of Judge IL G. Connor ; ;
in the case of the Red C.Oii Company
vs. . the State Boafd" of Agriculture. '
handed down yesterday' In the United.
States District "and '. Circuit Court, Is W .
of . vital Interest to the people of North
Carolina. ".Every issue was decided in, ,
favor of the Board of Agriculture, and
the; bill in equity.; filed by the com-
plalnant, waa dismissed, the plaintiff y
being taxed with the 06ts. V ; ' ; f f
It will be remembered . that the
General AssemUly . of 190 enacted a,
law' pro rid in? for the -inspection of .
Illuminating oils, .to determine1 their V
value forilluminating purposes and
their safety A; tax of "one-half cent
per gaUbn. upon all; the oil sold in tho
State was levied to defray the expen
ses of InspecjHon, ;Ten Inspectors, one '
from each, congrjessjonal dlstrictwere .
appointed by the- Uoard of ActIcuI- "
ture to go oyer the tate, collect earn' ;
pies-of oil sold, ifcee that .all, vessels '
containing- oil were- properiy stamped, 1 '
and to forward the-samples collected,"-'
to the -State Oil-Chsmisl at. lialeih ' -for
analysis. v. . 4 .t:. ;
On the rr t -of.'Julr -the-" " I OH
Company, through.' t i tt 'ii.t-i "
Messrs Aycock ami Wlnsten, filed a
bill in equity in the1 Circuirt Court of
the" United States for'the -Eastern dis
trict of North' Carolina; and upon pe
tition; a. restraining 'order was.- Issued
b"t. Judge Pritchnf d 'aiid made return
able before Judge Cohnor on the ilvst
Monday In t August. On-the. return,
day the Board of; Agrlcultilr through '
Its attorneys,. Hon. T.' W. LUckett. ct-
torney geenral of the State, of Norih
Carolina, , and ; Messrs. ; R. 1 1. Uattle .ft
Son, filed an answer to "the bill and
the case was argued for two days ba- -
fore the courts : The bill waa basxi
upon: two propositions: First tha-1 ,
there was an. unconstitutional delegr
tion of - power to the State Board ct
Agriculture; and, second, that the aci ; ?
of the legislature whlltf-purportlng tct -be
an inspection at was really a rev enue.
'act : -: ';'..'., C"-' -.'-.:. -;:
Judge Connor in a most learned and -
exhaustive opinion "published : f below, ! .
refused toisustaln either of th propo-- -
sitions. ; The ; charge that the legis- ','
lature under the guise , of doing ore ';
thing attempted -to do another chal-', ;
lenged the good faith of the Generate " -Assembly
of 109. and it will be grati
fying to the people to know that tha
court s holds that this challenge can- V
not be sustained The opinion is also ,
interesting In that ' it ehowsihe ' tend-.
ency of the court to refrain- from In-; ,
terferlng r" with"; legislative enactments, .
give where; these enactments ": are'
early . repugnant to; the constitution i ; '
of the United States. -While there ar i -
many things ; about the ' case which
none but lawyers can understand, the L-v
opinion as a whole will give wide satis- i .
faction to the people , v V . 'C-.: . -i .-: .
The effect of the opinion is to allow ;
the State Board of Agriculture to pro.
ceed with the enforcement of the in- ' .
spectlon act Just as If no suit had .been lV'
brought The Red C , Oil Company f;
through Its attorneys gave-notice in '
open court that it will appeal to" the
Supremo Court . of the United States. y
This means that It will be a long time '."i ,
before any .f thai decree is made unless, i 1
the case should be advanced by the ! :
Supreme Court. "The counsel for tha"'v
plalntlff! were allowed till-Monday to
make a motion1: to give- a bond and r,
have the injunction continued. The 4 "'
counsel for. the; State contended that, ':
it . was not a case in : which" a bond "
should be allowed for the continuance - '
of an Injunction, but- without argu- -
Iment .this- matter was continued, till
Mpnday when counsel - . for.; plaintiff ;
cn make the motion If they desire to ;
dO so. . - ' ' '-' ,:, u ';-'', '';'-'
. The OjiUoiH.'2..t--..,v;;;;.;
y The complete text of Judge Connor's . i!
opinion is as follows r'-., :.i x4 .y .. V'-i'-- ffi
Opinion of Hon.? Henry O' Connor,
Judge,' Filed September' 7.-1909.. , f
United States, of America, Eastern . -
District of . North " Carolina. : x ' - : : :
In the Clrcuit Courtl In Equity. : f l - J
The Red C Oil Manufacturing Co. A-s... -'
"The Board' of Agriculture, - William
T A. Oraham, Corns. & others.' : .y 4
In" this cause -xipop. filing, the bill.':
a .temporary 'restraining order, , in- .
Joining tho. enforcement of. the p.ovl- . ;
slons of "the statute, in ; regard to-in-. '
spectlony but , not as to the ; payaie.it -j ;
of the tax,' was granted, with an cW.er- .
returnableV.on 'August. 2. 18C5. ,to ; de- , : J
fendants to show cause wfev' an 111- : -
Junction; should not be grantd to t?ie !
hearing;- y ? ;,y ;' I -'r -'".-' y
Aycock & Winston, fo Complainant.. -
R. H. Battle ft.Son and T. V. lcket
Attorney Qenerat for . Defendants. .
CONNOR, ( District Judge ) : ; ; ' v
Complainant seeks to enjoin the ei
fofcement of the provisions of tu'Act
of ; the ' General ' Assembly of North
Carolina, entitled . "An Act '4 p"cvida
for the inspection of.llhir- at'nj,'
and othr. fluids." ratsr
.(Ccr.tinucd rrcni I'
v';