r
The News and Observer
tbs mm e
'eta Carwilaa Fab? aad warmer
Friday; Saturday aacreaaiu eleadfc
M prababry followed by rein.
WATCH LABEL'
tm year pas, lead sauj-aJ It
day be fere asalratle la mim to
avwld mi-tag a WafU eery.
THE ONLY DAILY PAPER IN THE WORLD HAVING MORE SUBSCRIBERS THAN POPULATION OF CITY IN WHICH PUBLISHED
VPcCXVlLNO.40.
SIXTEEN PAGES TODAY. i RAlIGH. N. C. FRIDAY MORNING, FEBRUARY 9. 1923.
SIXTEEN PAGES TODAY.
PRICE: FIVE CENTS
MORRISON DEFEATED SABOTAGE CHARGE
House Expected To Vole
On Debt Agreement Today
I
ALLIES THINK TURKS
WILL NOT INSIST ON
DEPARTURE OF SHIPS
iHUitl
IN STEAMSHIP FIGHT;
WiTHDRAV
i
Passage of Measure By Overwhelming Majority Appears
Foregone Conclusion ; Democrats Divided On Issue; ,
Delay Appears Probable In Senate
SUBSTITUTE ADOPTEDmmtWll
LEADERSHIP ICE
OR SIMMONS
FROM
Losing Clearly On Test Vole
Executive Bows To Inevit
able and So-Called 'Nul
lifying BjiTUAdopted
COMMISSION POWERS
LIMITED TO INQUIRY
With Appropriation of $25,
000 Will In?eltigat. feai
ibility of Shipping Lines
Owned and Operated By
State and Report To Got
ernor and Gonncfl of State
Who, la Turn Will Eeport
To General or Special Sei-
' lion of Legislature .
Shora of all bond issues anil strip
ped to the bare' proportions' .of a
legislative investigation, Governor
MegTHaWi 1ureOTgMtt" b-rttre
Brova substitute Governor Morri
son; shipping bill, which baa held
the centre of the stage almost con
tinously since the General Assembly
convened 37 days ago, was yesterday
)ssed on ita third aud final .reading
in the Senate by a unanimoua vote
and ordered sent te the llouae of
Bepresentatives by epecial m eaten
gcr- It is expected that the measure
in its emaciated form will be readi
ly accepted in the House although
tJiere is soibo talk of reducing the
appropriation.
.After all efforts to star off a Tore
had failed, proponents of the orig
inal measure bowed to the inevitable
' and accepted the Brawn substitute,
offered Wednesday, with - a com
promise increasing the appropriation
from So.OOO to $25,000. Senator
Brown stated when he presented hit
substitute that he would accept any
reasonable increase in the 5,UO0 ap
propriation for a prcjiminnry in
vestigation carried in the bill but
the offer was steadfastly declined
until after a test vote had been had
yesterday. Thiei vote came on a
mot io a to defer until next Tuesday
night made by Senator Charles U.
Harris, of Wake, lr was in charge
of the bill. The motion, which rep
reseated a clear tost, was lost by a
' vote of 2a to 84 and propoaent of
the bill then etarted a-barrag of
debate, which was out short by the
announcement that Governol Mor
rison had at st contested to what
had been termed the '"tuHHying"
substitute of Senator Brown.
Opinion of the consequences of
yesterdax's actioa varied with the
views of thoe venturing forecasts.
Opponents of the measure are of the
opinion that tho whole proposition
is absolutely dead, as far as this
General "Assembly is concerned,
while proponents male the predic
tion that the commission will render
a favorable report and that the Gov
ernor will call a spcc'.a' session dur
ing the summer months. Still a
third view was that 'the question
will come up again in the form of a
compromise offered by Governor
Morrison last week, providing for a
bond issue for port development.
Neither side was ready when the
.Jjill was reathed on a, jpecial order
at the close of the morning hour
yesterday as a number of Senators
had not arrived. Benator Squires,
one of the opponents of the bill,
made a motion that the "catfish
calendar," consisting of purely local
bills and a. large mass of them were
shot through the mill, including
measures putting Halifax, Alleghany
and Transylvania counties under
the provisions of tho general prim
ary law, making the Australian bal
lot law applicable to Cherokee,
Macon, Tad kin and Transylvania
counties and abolishing the penalty
tor deferred payment of taxes in
Iredell eounty.
Harris Moves Ta Defer.
However, the Senate grew restless
"hen the publie calendar was taken
tip. Lieutenant Governor Cooper an
nouncing that he was 1 olding off the
boat bill ''at the request of several
Senators." After tho Senate had
passed the American Legion bill for
bidding the sale of bodies of ox
soldiers to medical s'hools, the Moss
bill prohibiting the dumping of saw
dust ob publie highways and the
bill removing the limitation of $250,
100 upon title insurance policies,
rnatorflquirer.Brad point of ardtr
as to the special ord ir.
Benator Harris immediately coun
tered with his motionlto defer until
'" next Tuesday night and the fight
was on, Benator Sams takingjebargo
of the fight for the opponent of tha
bill. Consideration of other matters,
had occupied an hour and forty
minutes more was consumed in de
bat oa the motion to defer. Senator
Harris, wanted- more- time for j)os
slble changes of minds anil ia con
sideration of the uncertain condi
tion of the'ireasnry, whibs Senator
Heath asked, as a member of the
- special investigating committee
that the bill go over for that
reason. Senator Bsggett thought the
measure should not be taken up
with other matters on the calen
dar to interfere and Senator John
son, of. Duplin, who. asked for time
to speak at tha conclusion of three
hours debate an Wednesday, also
thought that mora time .was needed
for further consideration. -
Senator Sams, aided by Senators
Stubbs. Squires, Brown, of Colura
bus and Williams wanted to know
that change had taken place in the
preceding ,' z - nours to cause
proponent of the bill to complete
ly reverse wemseives. - in propo
nents were reminded that thoy had
pressed for immediate consideration
oi Wednesday- aad some of tbair
' Continued 'as VgttJts& v
AMERICAN AVIATOR
REACHES HIS GOAL
u.
Lieui TvUlcr-HvKion
I
Five Thousand Mile Flight To
Brazil Completed; Many
Difficulties
Rio Janeiro, Feb. 8. By the As-
sociated 1'ress.) Lieutenant Walter
Hinton, the American aviator, ar
rived here today, completing his sea
plane flight from New York to Rio
l)e Janiero.
Lieutenant Hinton and his com
panions received a noisy and enthu
siastic welcome. As the Sampaio
Cerrcia II landed at 11:32 o'clock,
the guns in the fortresa were fired,
steamer sounded their siren aad
tha church bell wer rung.
A great parade is planned for to
night and numeron beaausm and
receptions arranged for the coming
two weeks.
Lieutenant Hinton and his com
panions, by their arrival at Kio
Janiero, have completed a journey
of more than 5,000 miles, undertaken
as a mark of friendship between the
United States and Brazil on the
occasion of the latter nation s cen
tennial celebration.
The aerial expedition, including
besides Lieutenant Hinton, K. Pinto
iuai kuiB a ii n. linn , uruigr i. i c,
a ew lorx newspaperman: John
Wilchuse, mechani and J. Thomas
Baltzcll, photographer, left the
ncval station at Rockaway, N. T., on
August 17. The party was beset with
difficulty almost from tho start. The
original plane, Snmpaio Correia I.
was urctkcJ ia iaiidius oft . Cuba
only five days after the start and
tha aviators were rescued by the
Cnitd States cruiser Denver. The
seaplane in which the journey was
finished was purchased from the
naval aid station at Pensaenla. Long
delays were suffered because of mo
tor trouble experienced with tins
plane.
From Cuba the route led through
the West Indies to Trinidad and
thence to Georgetown, British
Guiana, from wliicb point the avia
tor followed tli o South American
coast line to their destination.
Lieutenant Hinton has some re
markable experiences in the air. He
wa a member of the NC 4, the
American seaplane which completed
the first trans Atlantic flight made
by a heavier than nir' machine. Ho
was also aboard the runaway naval
balloon from the Rockaway station
which nrado a sensational flight to
Moose Factory, in the Canadian
wilderness, in December, 1920".
Order New Equipment
Richmond, Vas, Feb. 8. An order
for five mountain-type- locomativej
has been, placed with the American
Locomotive Company by the Central
of Georgia Railway, it was announc
ed here today. The engine will
cost approximately $40,000 raeh.
ON ARRIVES
AT RIO
OR
Raleigh Presents Hospital
Site Ready And Adequate
The utilization of the plant of the
State, School for the Blind soon to
be abandoned with the otitlny of ap
proximately 1100,000 will afford in
Raleigh, the focu point f the State's
educational hygienic, and institu
tional efforts, the ideal site for the
proposed" four-year medical school
and hospital for the University of
"orth Carolina a -committee repre
senting, Raleigh yesterday told the
sub committee pf the Board of Trua
tees. ,
On land already belonging to the
State, with the greatest wealth of
clinical' material' available ia the
South below Baltimore, with the
ablest doctors of progressive state
here is the head of state Institu
tions, B. Ni Simms, president f..the
Chamber of Commerce, ia opening
the argument painted a vision of "a
geiTicaJ - school Is , iwth, Carolina
Believes That Nichols Knew;
of Destruction of $1,000
Worth of Type ,
WARNED OF TROUBLE
IN HOLDING CONTRACT
Complaining President of;
Printing Company Re-,
called To Stand For Exam-1
- ination; Superintendent
Declare! Nichols Imposed
Undue Hardshipl
Charges of sabotage in h's print
ing establishment, resulting in the
destruction rf many thousand dob,'
lars worth of type, of which he be-1
lieved Iawrence t Nichols, assistant i
commissioner of Labor and Printing
had.. knowledge were, made by Ir.
Charles ljee mith, president of F.d
wards k Rroughton Printing Co.,'.
whea b a etalkd. 4A,.tJto.,w,Unf s
stand at the continuation of the
legislative investigation of State
printing Trstrrday -afternoon.
The charge of sabotage dealt
directly with the destruction of 10
pages of type prepare! fiJr printing
the report of the Commissioner of
1-nbor and Printing in the hands of
the complaining company at the time
of the strike in May, 121. Both Dr
Smith and his superintendent, K. M.
Itlaklock, swore that their first knowl
edge of the destruction of the type
came from Nichols within a few
minutes after it was destmyed.
No Direct Evidence.
"I there any evidence that any
man in the office of the Cbmmis
sioner of Labor and Printing, or
connected with it, aided, abetted,
counseled, assisted or procured the
alleged sabotage alleged to have
been committed in j-cur establish
ment," Chairman Squires asked Dr.
Smith.
''The Assistant Commissioner of
Labor and Printing took an active
part in the strike and was closely
associated with thoee who perpetrat
ed sabotage," Dr. Smith replied.
"'Do you make the direct charge
that he took part in sabotage V
"I make no direct charge.''
"I there any evidence ti support
your . belief f
"Only circumstantial evidence."
''How mnch of this is fact and
how much ia just your imagination!"
asked Mr. Towassnd.
Dr. Smith recounted the destruc
tion of lfln pages of the type pre
pared for the printing of the report
of the Commissioner. Some days
after the strike was in effect Mr.
Nichols telephoned the printing com
pany to inquire when the report
vnrald be ready. Ho" was informed
that it waa in type and the report
would be ready as soo:i as it could be
run off the press.
Had Advance Information.
"No it will not," Nichols replied
according to Dr. Smith. "The type
has been destroyed.'' At about that
same instant, according to Dr. Smith,
a strange workman was discovered
in the proceos of destroying the
type. This evidence w.is corroborated
by Blaklock laVr wh?n he was called
to the star.d. He testified also that
he ribbons from wnb-S- the" type Tiad
heen cast were a!s destroyed,
necessitating the remaking of the
entire KK) pages. Tho workman dis
appeared that night, both witnesses
testified.
Dr. Smith took an hoar to clarify
his charges of sabotage when he waa
recalled yesterday, and before that
point was cleared up ho had become
involved in the charsre made by the
Department that his company, with
tho Commercial Printing Co., entered
into a collusion whereby they would
not become competitors for State
contracts, but would divide them on
a basis of 80-20, and exclude all
other printers. They submitted
identical bids.
Collusion Charged.
A copy of the agreement was pro
duced by Dr. Smith, with the state
ment that the praMbjB developed
during the Kitchin administration,
and that it had been done openly,
and that he had no icticence about
submitting copies not only of thst
agreement but of others of like na
ture entered into at previous lettings
of contracts. Copies of the eon
tracts submitted w?re brought out,
nboniiig that the Eilwjrds k Brough-
ton -Commercial bid waa 40.3 per
cent above the previous contract
fContinued on Page Eleven.)
that hould be the inferior of bom
in the nation. ' '
The meeting was held ia the office
of W. N. Everett. Secretary of State.
A large percentage of the members
of the Ralvigh committee were doe
tors. The hearing will b resumed
before vyo Board of Trustees, this
morning und further argument will
be presented is favor, of Raleigh as
a sit for the school. Greensboro,
Charlotte and Durham will also pre
sent brief to the Board of Trua
tee today.
. Grceniboro Was the only other city
to present its case to the medical
school committee yesterday, . B.
Jeffries presented a rather indefinite
offer from that city which proposed
a nucleu for the medical school
if located ia Greensboro, the Hoses
H. Cone. Memorial Hospital, which
will be constrscted at tha death of
(Co,tinneljsa Page Sixteen.)
Washington. Feb. . Ariange-nit-nt
were made tntiay iu the House
tit bring up toiiinrroM letiitiun
nhich would gie iffett to the TWt
ish debt sett lenient agreement sub
mitted to Congress yesterday l?J
Preside! Harding. Passage of tU
measure bj an overwhelming mi
jority was regarded as a foregone
conainsion aad Re(u!licsa tnnaagert
! ped ta obtain a vote before
i..ght
Vp T Senate.
Final s -1 1 . Ij.i n would res',
ith the Seiut,, bM there were in-ilii-atioiis
that tie administration
shipping bill would be gim pre
cedence there, at least for a time.
Advocates of early s tiyn on the
debt question bad not given up hope,
however, of displacing the ship bill
with the debt legislation.
I'nanimous onsen! (or considers
lion of the del L measure u.is given
in the House after the ways and
n.fins eommittrp had reported out.
by a vote of )-' to X the In 11 in
troduced yejrtcrdav by. Kcprcscntat ivc'
lturton, Ohio, a number of the
American debt eonimission. As
amende.! by the committee, the
measure iiot onifr " vToulitVgive' TVfi"
gressional approval to the. work of
the British and - America bt
commissions, but would authorize
Whiskey Cases
Fight In Wake
Dock Commander, Reputed
Leader of Baldwin Gang,
Found Guilty By Jury
LEGAL BATTLE WAGED
AROUND DAVIS CASE
Attorneys For Defense Ex
haust Vast Supply of Mo
tions Before Trial Starts.
Doe Commander, burly Apex negro
and reputed brains of the notorious
Baldwin gang of blockaders and
bootleggers was fonnd guilty of sell
ing whiskey by a jury in Wake
County Superior court yesterday;
Back Rsnes, another Apex aegro
was senteweed to nfteew months ia
each of two ease la which be was
Charged with selling snd possession,
following submission, and the trial
of Rufus Davis, after a day of des
perate fighting by counsel for de
lay, was started before a jury. Mo
tions for change of venue, continu
ance and for quashing the indict
ment were among those overruled
by the court in the Davis case.
W. K. Nicholson, Silas Nicholson
and John Lewis employed by the
solicitor to investigate and secure
evidence of violation of the' liqucr
traffic and-whose Work resulted in
the issuave of a score of bench war
rants by Judge Crannier Saturday
were the principal witnesses for Uie
State in all these cases. In the
Davis cirse the two Nicholsons were
subjected to a grilling cross exami
nation. The largest crowd that has attend
ed a trtai 1n " Wnke- nirptrinT -ewn-t
was present most of the daiy yes
terday during the preliminary fight
iug in which attorneys for the de
fense of Davis, led by W. B. Jones,
chief counsel, sought in a series of
motions to postpone trial of the
ease.
Several times. Solicitor Kvans ob
jected to the tactics of the defense.
It looks to me like the tactics of
the defense are absolutely dilatory
apd not directed to the merits of
the ease," he declared as he insisted
on the trial of the case, speaking in
opposition to virtually all motions
which Judge Cranmer did not over
rule without salting for an exprcs
sion from the solicitor.
Three Witnesses Examined
The hearing last night lasted from
seven thirty until nine thirty, about
45 minutes of the time being con
sumed by the selection of a jury.
The Nicholson brothers aud Deputy
Sheriff Joe Iiowe were the only
witnesses examined. The two detec
tives were cross examined at length
and the counsel for the defendant
objected to almost all the qnestions
asked his witnesses by the Solicitor,
Judge Cranmer ruling with ' the
State nearly all the way except
when Solicitor Evans attempted to
get William Nicholson's war record
before the jury.
William Nicholson testified that he
caqie to Raleigh last March, that lie
worked at Wright's ' Hotel until
jlsfeibf r," wrtien -f he went to the
Raleigh Hotel where he remained
until February 1." He stated that
he entered the employ of Solicitor
Evans on January 1 and is receiving
t-i7M a week from the Solicitor
in addition to expenses incurred
in running down bootleggers.
He testified that the defendant
Davi was unknown to him until
January 18, when ho went to Davis'
home, in1 search of ,3 Muse, whom
ho had previously known to sell
liquor. He stated that Davis sold him
a gallon ef whiskey for 1 and that
the transaction was witnessed by his
brother. Two witnesses stated that
on Fehrnsry 1, he and hi brother
returned to Davis liome and found
two automobile there and several
men drunk, but that no liquor
was bought las Davi asked them to
leave md return at night on se
count of the Suspicions of the neigh
bor. Thi teetimtfny was corroborated
ia full bi.,.,JBil Mchplaon, who
tinted that lie earns here, on January
t to issist ia the work for the So
i (Coitlnqed c-s 10 s TV,'' '
ttie Auiri .cm rmmii'Mi 'o off et
w Mjetnen' ':;tu!:i-. ' lit It i I Miort
l.ii"Ml'!e in tciinn," ui'h tiic ottur
debtor n:ltioii-
1. imitation On Tersss.
The limitation on tin term- to be
reached with France, l'ah, Belgium
and other natinns oniug the Vuited
f;:ites T.sntien Hi at the siu;
festtoa of Ki'putuV an memliers of
t!ic committer ,-itter Mr. Burton
Ii.mI announced ,-it an open hearing
tli.it it was no! tlie pursc of the
American connniosiou to arrange
ter. lis' with those countries more
t inrai ic than those given Great
Itriimu.
Three Democrats on the committee
votC'l against the legislation and tun '
Mi'eil for it. Those supporting were j
'risp, of tieorgia, nuil Martin, of
Louisiana, an 1 those op'sing were ,
I oilier, Mississippi, ().tie., Ar
k.iimn. and t'arew. New York. The
Hepiibiirans wr-ry unanimously in
faior of the bill.
Democrats Divided. J
A dii i.fi.ion jiniorig His . Jknjflf tat.
in rue Mouse v-oic w.is tnrecast, liut
in agreeing to ronsideralion of the
measure tomorrow, Kepreseutat ive
VftWt,:TiMtVf:- thb" IVmrnwrtr
lea.lerfsaid that regardless of how
(Continued on Pag Two.)
Start Stiff
County Court
L
IT
Sub-committee of Finance
Investigating Committee
Will Hold Meeting
The suh couimiteto of the Finance
and Appropriation committees of
the House and Senate which is in
Mst.ignting the financial condition
of the Stute under a joint resolution
passed last Friday will confer for
the first time this afternoon with
Corporation Commissioner A. J. Max
well, whose published statements
precipitated the inquiry, it became
known last night
Following Mr. Maxwell's state
ment that the revenues and ex)iendi
tures of the State for the period
between December 1, 1B20 and De
cern her .11, 1922 showed a deficit
of .),(Kin,ooA, further developments
whirred, with startling rapidity.
However, statements from all quar
ters seem to bve subsided pending
a report by the investigating com
mittee and that body has indicated
its purpose of, going enliaustively
into tho subject before it prior to
the expression of any opinion.
Within an hour after the (ieneral
Assembly convened on Friday,
(ibvernor Morrison "-was before it
itli a vehement denunciation of
Mr. Maxwell, reiterating the position
of himself and the Budget Commis
sion that taxes levd but uncol
lected would produce a surplus
of p'itttt4.v .- t'2uu,iXM, Im
mediately after the liovernor's
speech the investigation he de
manded was authorized by a formal
resolution and that night the chair
men of the Finance nnd Appro
priation committees'" in the two
Houses appointed a subcommittee
of ten to represent the four full
committees in (he investigation. The
investigating committee organized
on Monday, by electing Senator W.
I.unsford Ixmg chairman nnd got
down to work on Wednesday with
the appointment of Senators I-ong
and Heath and Representative Par
ker as a special committee to go
over the treasurer's books with audi
:jrsw The ipoeiul committee Jiat
since been at work on the books
continuously with frequeut confer-,
ences with the full committee.
I'ntil yesterday not a djj passed
without one or more public state
ments on the controversy, (fovernor'
Morrison, Mr. Maxwell .and A.'M.
f.'ai, or. (jroenstioro, caairman-1
(Continued on I'age Tn.)
LARGE ADDITION TO
MILL AT GASTONIA
Jenckes Spinning; Company
To Add 100,000 Feet To
Gaston County Plant
Fswtarket, R. 1., Feb. 8. A
contract for a large addition te
tho plant ef the Jenckes Spinning
Company at Oaatonia, N. C,
which will provide 1 , sqaare
feet ef float, space,' has been
awarded, It as announced to
day. ; ,
Work will be started Immi.
.'lately. This Is the third addi
tion the Jenckes .Company has
ordered at it Soathrru plant la
the past twelve months snd I In
tended' te complete the plant,
making Itae of the largest mill
under n roof in the South,
with a capacity ef MS.StS spin
dle aad employing about J,WS
persons. ' Both spinning a.d '
weaving machinery will be la. 1
stalled, ' '
LINCOLN VOTES HALF -MILLION
FOR ROADS
Llaeolntaa, Feb. S-Ths Cen-ly-
Board et Commissioners ef
,-Lincol coaaty, la session here
taday, atJ ar , aa Issue ef
- SUS.SM (. band for read Is,
t revessenta la the ceaaty.
GIVE MAXWEL
HEAR
State of His Health and Par
ty Harmony Given As Rea
sons For Action
SIMMONS' WITHDRAWAL
ANNOUNCED BY OVERMAN
Field Cleared For Election of
Senator Kobinson, of Ar
kansas, As Democratic
Leader To Succeed Under
wood; Connor Approves
Salary Bill
News snd Observer Iliire.iu,
oil. District N.iti .n.il Hank Hldg.
By KDYYARD K. BKITTON
(lly Spc4i:il I.i. Wire)
Washington, Feb. ... The determi
ii.ilmn reached by Senator Simmons,
announced tins afternoon by Hena
lor. Overman, t . atiUidtaw Jiia.ua axe.
from consideration, lor Democratic
leader of the .Semite learned
of with deep regret by tils friends
iii Tho' eVhaYe" aiiTVufitile' 'fhe-Wsk''
ate. And this regret was heightened
by the fact that Senator Simmons
reached his determination because
of the state of his licltli, for lie has
been ill with an alti.k of the "rlu"
for im time, his physicians telling
him that he must he r.irefol of his
health for months, and that taking
on uew burdens would be most in
advisable. And that his desire for
a continuance of parly harmony also
adds to his determination to with
draw ia in accord wilii his political
career.
Robinson To Re Leader.
Senator Simmons' withdrawal
means that Senntor Joseph T. Hob
inson, of Arkansas, vill be elected
by the Democrats of the neit Con
gress as the eueeessir of Senator
I'nderwood, who has given notiec
that he would resign the position.
As far as the contest between Hcria
tor Simmons and Senator Robinson
had progressed, Senator Simmons
was the leader as to the vote of the
thirty .-twp Henntors in the present
Congress who would be in thenext,
for IS Senators hud pledged to vote
for him and M woro for Senator
Robiusou. The ronjcit hinged upon
the votes of th tea acw Democratic
Senator whrr would be in th next
Senate. Senator' Him.none, to win,
needed but four of the ten. while
Senator Robinson needed eight. The
statement Issued by Senator Over
man relative to the matter reads in
follows:
Overman's Statement.
"My colleague. Senator Simmons,
from his sick bed in New Hern, N.
('., h.'ifl asked mo to make public re
quest that his naino shall no lunger
be considered for the post of Denin
cratin lender tn the: Senate". .Not
withstanding the fact that more than
half the members of tho present
Senate are supporting him nnd he
lias other nsfiiiranc-s that justify
him in feeling most hopeful of sue
cess, Senator Nimmons feels he must
take this action in part upon con
sideration of his health ntid part for
reasons of party hnrmony. My col
league's physicians hate advised him
that he must take tin best care of
himself for several month to come,
and they strongly warn him against
undertaking any new burd'ena until
he shall have fully recovered his
strengt h.
"It is well known here that Sena
tor Simmons, in the beginning, con
sented to the use of his name for
the Democratic leadership only up
on what seemed to be satisfactory
assurances that there w uld be no
considerable opposition. He stated
thea that he would not under any
circumstances enter into n scramble
for the place. Since Senator Robin
son, for whom Senator Simmons feels
high esteem and friendship, was of
fered lis a Candida;.', Senator Sim
mons has refrained from withdraw
ing his own name only because he
has felt that loyalty to Ills, own
friends and support ts would ,not
permit it. ,. .
Stop Contest.
"Mv coll eague now feels, however,
in view of the condition of his
health and the fact that the contest
between his friends and those of
Senator Robinson has grown soclose
and promises to be so long drawn
out, with the consequent neglect of
that necessary concentration hy
Democratic Senators of mind and ef
fort, on Tinrty and uaHorml affairs
all through this year, that the high-
(Continued on Page Two.l
Would Make Insanity Ground
For Divorce By Nimocks Bill
Incurable insanity as a ground for
absolute divorce, provided that no
child ha been born of tho marriage
and that the person has been coufined
t a hospital for the treatment of
theinsan is included in a measure
submitted to the House yesterday
morning by Representative Q. K.
Nimocks, of Cumberland county.
Only alienist named by the court
may testify ir the pleadings, Tho
bill was introduced simultaneously
in the Senate by Senator Costetloe.
Along with, the Nimoeku bill yes
terday came the most voluminous
statute that the session bn yet ad
duced in the form of a Workman's
Compensation Act offered by Parker,
of Alnniance, Warren, of Beaufort,
and Moare. It folio Tory closely
the Virginia measure whieh wis left
pending oa th calendar two years
ago.:::-..!-. . ' ''
- Kepeal Brick Law
. Th third State wide bill offered
SIMMONS DECIDES TO
WITHDRAW HIS NAME
.'v:J
United States Senitor Fu.rnifold
it Simmon, wh " yeetfirdiiy an
nounced his withdrawal from the
Senate leadership eon'est because of
poor health and internet in party
harmony.
L
Latest Reports Indicate Min
ers Still In Workings;
Meagre Advices
Dawson, M.. Feb. S. (By
th Associated I'res.) A ter.
rlble eapioidon that rocked the
workings ef roal mine Number
One. ( the rhelpa-Dodge Cor
poration, here today entombed
122 miners working Inside. At
a late bear tealght two. bedir
had been" recovered and a state
ment given to the Associated
I'reaa by the company declared
w do net knew whether the
men In the sslae are alive or
hot.
UNCONFIRMED REPORT
SAVS KM MINERS DEAD
Denver, Feb. S.Reaen par
ties entered mine N'amber One
early this evening and foand the
bodien ef mere than 10S dead
miners, according te a report
received by the Denvii; Post
from its correspondent in Trini
dad. Colorsdo. Commanication
with Dawson is impossible the
telephone , companay reports.
There ia hut one line Into the
town and more than fifty emer
gency calls are being rushed
ovr the telephone.
TWO BODIES REMOVED
MtOM MINE SO FAR
Albuquerque, N. M., Feb.
Reports tonight from Dawson
were that two men hsd been
r iws -twm, Xie swine -deed
and three had been taken out
alive. Kescae parties hsd pene
trated the mine to a depth of
nearly one mile. The men Im
prisoned In the mine are more
than flvt thousand feet from the
portal.
D 'liver. Colo.. Feb. H. (Ity the As
sociated I'rest.)- One hundred and
twenty two men entombed in a coal
mine t Dawson, N. M., following
an explosion this uftvruoou, are still
in the mine, according to a tele
gram to The Associated Tress at
7:t." o'clock toflight rom the
I'lielps Dodge Corporation, owners of
the mine.
MORNING STAR NOW
IN AFTERNOON FIELD
' . Wilmington, Feb. 8. Publica
tion of an afternoon edition ef '
the Morning Star will be begun
within the nest few days, auaf
firial announcement In tomor- -row's
Issue of the paper will say..
The new paper enter the field
made vatani by the suspension
today, of th: Wilmington Dis-
patch.
P. H. Bstte is Managing direc
tor of the Star.
at tho morning session provides for
the repeal of the law enacted two
years ago ct the instance or the tinea
manufacturers of the State forbid
ding the sale of brick by the State
Prison except to other Btnte insti
tutions engaged in construction work
The bill, offered by Mr. Matthews,
open the general market , to the
prison, and'an outlet far several
hundred thousand brick bow "oh
hand.
For two hours the House worked
like a hive of bee, and cleared the
calendar of the largest grind of leg
islation that ha flowed out of the
hopper In any two day ainee the
sion began. Speaker Dawson took the
first boor snd Mf. alurphy assumed
the gavel for the last hour ef the
mill.; The calendar is clear of all
bill ? except those reported back yea
terday afternoon by the committee.
(Continued em Pg Vint.).
MNE EXP
mmmm
Believed That Angora Gov
ernment Will Withdraw UU
timatum Ordering Ves
sels To Quit Smyrna ,
SITUATION REGARDED
AS SOMEWHAT EASED; -NO
FIGHTING LIKELY,
Turkish Orders Hot Regard
ed In Washing-ton Am Ap
plying To American De .
troyer Ediall, Which It
Now In Smyrna Harbor;
Turk! Reported-To Hart
Extended Time of Ultima
tum To Get Definite In.
strnctions From Angora;
Trench Cabinet Coniideri
Latest Developmenti ; "
Lausanne Conference Not
Regarded a finally Term
inated ... ...... ii
London, Feb. 8,-(By th Assoel
ated Press.) The situation at Bmyr-
na was considerably eased today, ac
cording to British official quarter,
where 'it, was thought it was ex
tremely Unlikely that any fighting
would occur.
"It is believed the "ultimatum
issued' by the Turkish chief of staff,
who is on a tour of inspection in
Anatolia, will be withdrawa as soon
as the Angora authorities understood
the Allies are firm in resisting tha
demands that the Allied- warship "
quit Smyrna harbor.
Pleasure wa expressed in British
official circles that the American
representative int Smyrna joined ia
the protest i th Angora govern
ment. AMERICAN DESTROYER NOT
ORDERED OCT BY TURKIC
Washington, Feb. 8. Official ad
vices today .shaved that Turkish an-
thorities at Smyrna did not include
the American destroyer Edsall as
among foreign war craft ordered out
of flint port. The Turkish om-;
mender elected to construe erder
from his government dosing the port
to foreign warships of more than
1,000 tons burden as not applying
to the American croft, although aa
a matter of official record the ahip
does slightly exceed that size.
It was assumed by officials here
that the action of the Turkish mili
tary authorities in Smyrna in ex
empting the IMsall from the order
was taken on the tonnage ground
for the purpose of avoiding the
necessity of passing upon the more -delicate
question Of American neu
trality. In nny event the question
which Allied nations have had to
face in connection with the Smyrna
order is not before the United
States government. The Edsall er
some other destroyer will remain at
Smyrna to look out for American
interests.
Published explanations of the
Turkish reasons for ordering foreign
vrar rraft it f Smyrna- harbor) -would
indicate it was not intended
by the Angora government to in
clude American or any other neutral
rrnft in this prohibition. It has been
stated that the Angora government
views the presence of Allied war
ships at Smyrna as a posisble sonrce
of danger to the Turkish army ia
the event of further hostilities be-
tween Turkish and Greek forces, a
th ships of the sllies of Greece
might screen the landing of Greek
troops there where they could strike
at the railroad of the Turkish army.
Since tho United States is not an"
ally of Greece against Turkey aad
is not or has not, been at war with
Turkey, the same argument eenld,
not..pply( to- American ships la
Smyrna harbor, a condition which
the action of the Turkish-military
commander there probably reeog- .,
ni.ed in holding that' the exclusion I
order did not apply to the Edsall.
In view of the reported Tnjkiali
pnrposo to close. Smyrna harbor by
laying mines, it is to, be assumed -that
American vessels stationed in'
Turkish waters will move in or out
of Smyrna only when urgent er-
mnd -require - ad thea -with the.-.,
complete co-operation of Turkish au
thorities, who would natuenlly ftst
njsh pilots.. The closure of the har
bor was expected to become effective
today.
TURKS REPORTED- TO HAVE
EXTENDED THE TIME LIMIT
Constantinople, reh. The W -ernor.
of Smyrna i reported to have
informed the French consul hers
that he ha extended by 24 hours th '
time within which the Allied war
ships must leave Smyrna harbor.
The governor is said to have de-"
cided upon ' th postponement ia
order that, be may receive lnstrue- -tions
from the Angora government,
A Constantinople dispatch last
night said that th Turk had re
duced the time limit for the Alliei '
war vessels te' leave Smyrna .Har
bor from midnight until aunseV yes
terday. . .! . , .,. ,, .;:.
FRENCH CABINET TAKES
NOTICE Of ULTIMATUM
Paris, Feb. 8. (By th.e Associated
rress.) The Turkish order that the
Allied warships must leave Smyrna
was discussed at a meeting of. the
French 'Cabinet today, A ,i. - ,
The French government ta
. (Continued ea Pag -Tiro j
i(l
A