Newspapers / Asheville Citizen (Asheville, N.C.) / Aug. 1, 1905, edition 1 / Page 1
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.... CAST YOUR VOTI IN tQPUt LAHITY CONTEST TODAY. - 0 THJt.WKATHfB .M . TUESDAY FAIR. . F. f t f f 1 9 t U i VOL XX N0 237 ASHBVUXB N.CVTUBSDAY MORNING AUGUST 1, 1905 PRICB FTVB CENTS SUIT FILED IN NEW YORK WILSONGETS TO RETALIATE YELLOW FEVER SOUTHERN OFFICIALS N " A CONFERENCE ' W W I "sraiE . "A BIG STICK ON THE SOUTH IS SPREADING a U H I H n n 11 1 j w . ' am. sw . . - m r smi m mb as mm ,1 ,-?, COURT AGAINST Society Itself. ItsT fleers, and 'Members of Cojmlltee are Made Defendants MILLIONAIRES GALORE v MUST ANSWER SUMMONS "Negligent and Improper DIs- , charge of Duties" are . ji', the Charges ,, New York, July ft An action wbi In stltuted today by Bite Attorney Mayer (n the Supreme court. New York coun ty, In the name of the people of the tat of New York, against the Eqult- -. able Life Auurance Society, Ita officers, director and members-of it he execur tlve and finance committees, ull of which are named In the complaint, The defendants are- the Equitable Life As surance Society of tha. United States and James W. Alexander, Louis Flts gerald, Chauncey M. Dpw, Henry C. Deralng, Cornelius N. Bliss, George H. ..Squire, Thomas D, Jordan, Charles S. tjmlth, Valentine P. Snyder. Alvln W. Kreeh, WUUam Alexander, John J. Mc Cook, James B.i Fprgan, C. . Ledyard lair, Braytn ,ivef, Melville E. In aalia, James w. Hyde,' Alexander J. Caaaast. Jacob H. Schlff. Jamea J. Hill T. Jefferson Coolldge, AlfredO. Vdnder- bilt, John Jacob Astor, William C. Van Home, Gage E. Tarbell, Marvin Hugh- Itt, Charles B. Alexander, Thomas De wltt Cuyler, Marcellus Hartley Dodge, Joseph F, DeNavarro, Bradlsh John son, Joseph P. Low, John A. StPwirt Edward H. Harrlman, Levi P. Morton, August Belmont, Darius O. Mills, Rob ert T. Lincoln, George J. Qould, John Sloane, Oeorga! T.-Wilson, Thomas T. Eckert, William H. Mclntyre, Henry M. Alexander, Henry C. Prick, Samuel M. Inman, Henry C. Haarntlck, David H. Moffatt ind Henry R. Wlmhrope. Edwin H. Harrlman, on the eve of de- , parsturt..;9r ispan, accepted serVjlce. of the ieummong, and today fiyiny other dprendnnt. inciuains james h. nyae, were served through their private coun al. The defendanls ore allowed twen ty days In which to file answers. Friek Report the Basis The complaint refer to 'the Frlck committee report and the Investigation by State Superintendent of Insurance Hendricks and Is based on Informa tion and belief.- The complaint asks thit the defendants, except the society Itself, account for their official conduct In tha management and disposition of fundf and property committed to their charge ahd that ::hcy pay the Equitable Society "any money and the value of iny property any of them have ac quired to themselves, or transferred to others, or lost, or wasted, by a violation of their duties:" that any of them, now a director or directors or office-holder (n the Equitable Society. uon proof of misconduct, be removed and a new election held by the board of the socie ty to supply the vacancy: that ''he net surplus of the society, after deducting sufficient to cover all .outstanding risks, and obligations, be paid to or credit ed to, or applied to ithe benefit of the present ipollcy holders In equitable pro portions In accordance with the char ter and with laws and asks iny further lief "as may be just, equitable and profitable." :- Yh Charges The complaint chargea that the Indi vidual defendants is directors, "negli gently, Improperly and Improvldently performed such duties and have habit ually and continuously done, or suffered to be done, wrongful, illegal and im proper acts," casing great loss and damage to the society. 'The defendants are further charged with having "acquired or permitted transfer to others, of money, property, ' etc., of the society." , ,,.--.. . Dealing with the lease of premises In New York to the Mercantile Safe De posit company, the complaint says he rental was Inadequate and unprofita ble to the Equitable Society: that James H. Hyde, James Alexander and Alexander Tarbell wera directors In the Mercantile Trust company, and they derived a profit. In violation of the duty to the Equitable company; that the Equitable received but, a nom inal rent for the premises occupied by the. 'Missouri Safe Deposit company; that a the time Of the stock purchase, 1,410 shares out of a total of 2.000 were owned by James H. Hyde, and the re mainder by, others of the individual defendants, some of whonkwere officers In the safe deposit company and in TARRIFF, DIFFICULTIES WITH RUSSIA ARE ': , " NOW ON THE VERGE OF A SETTLEMENT St. Petersburg, July . SI. Negotia tions ' for- the settlement of Rosso American tariff difficulties are advanc ing steadily. Russia willing to with draw the retaliatory dotlea on Ameri can machinery, etc which weighed hard on Russian Industries and agri culture and only seeks acknowledment ttt the exceptional nture of the retali atory duties Imposed by her on sugar, American exports of which, are not apt to become an Important factor. Cer-mtr-mtm rtt ariein neeessarirr exacted ' on machinery.. Imported - from other j TABLE'S DIRECTORS the Equitable. The afe deposit com pany then had no aiweta beyond the leas and he good will. Hyde and Alexander , The complaint charges that the Indi vidual defendants "wawtefully, Im provldently and Improperly, permitted the society to nmke lurge, excessive and unwarranted loins to agents," and seta forth procedure taken to avoid decis ions of Insurance commissions. ' It Is also charged that the Commer cial Trust company, of Philadelphia, had on Its books J4.273.24!, composed of assigned balance and debts due from agents of the Kqultable. on which the defendant society paid to the trust com pnny S per cent, per annum, although try? sum was not taken from the trust ci npany and the trust company had on deposit large sums of the defendant so cle;y upon which the trust company paid only S per cent., Jamea H. Hyde, James Alexander. T. Dewltt Cuyler and Henry R. Wlnthrope being directors In both companies." j The complaint arraigns the merger of the Western National Bank of New York. In which the Equitable Society was the owner of 12,000 share,. With the National Bank of the United States, of Now York, saying the Equitable. could have obtained much more per share. , Question of Sslaris The satiric paid during the last five years to the principal officers or the .society are declared excessive and It I declared that many of he above named officers and directors and to others were given large and unwarranted sums as expenses without sufficient vouch ers, etc. The defendants 'ant alleged to have, wrongfully caused the Eqult able and other societies and corpora tlons In rwhich the Equitable was a rirge stockholder, and defendants, di rectors and stockholders, to pay large sums of money to themselves, etc., un der the guise of salaries and fees Allegation Is made of the payment of "Illegal and excessive penslona" and "excessive, Improper and unwarranted sums to various attorneys and counsel lors at law." , -. . . v Of the transactions of James W, Al exander and Thomas D. Jordan with :he Mercantile Trust company, the complaint says: "If defendant society became obli gated to the Mercantile Trust company to. pay MW.OOO, asM -ebligmtiten' wa In curred for amproper 'and Illegal pur poses." Charges of Wast "The defendants Improperly, Improvl dently and wastefully," It Is added, "procured and permitted the defendant society to loan $250,000 to the Depew Improvement company, the property se curing suld lean being later bid In at foreclosure sale for about $50,000. The complaint says Senator Depew and others violated an agreement made with, the Equitable to save hat so ciety irom lo if would refrain from recording the deed for the property and from enforcing a deficiency Judgment; that the defendants- permitted unnec essary and unwarranted deposits with the National Bank of Commerce, New York Mercantile Trust company, New York, and at least- twenty-one other banks and trust companies with which one or more Equitable officers were stockholders, directors, etc., at Inade quate Interest and deceived the -policy holders as to the transactions. The complaint also cites he Equita ble Society's purchase of 10,536 shares of the Equitable Trust company's1 stock 'at $500 per share, the actual value being $383.33, to show allotments made by the defendants to their own profit. . The withholding of part of the net surplus from the present policy holders Is at tacked. ELEVEN ESCAPE FROM LUMBERTON PRISON Lumberton, N. C, July 31. Eleven negro prisoners, under sentence to the chain gang for various terms, escaped from jail here at 8 o'clock tonight. They used a saw which they had secured by some unknown mean. BALLOON COLLAPSES Paris, July SI. A balloon conveying M. Saunlere, president of the Aero club, and a companion, collapsed on the roof of the grand palace In the Elysee to day. Tha occupants were not Injured. TWO HOUSES SUSPEND Paris. July St. Owing to the failure of ti big speculator to meet engage ments, said to amount to $3,000,000, two of the leading sugar house have, sus pended payments. countries. Is also burdensome for maNty. The minister of finance hopes to be able to arrange a readjustment aaad to interchange notea on the- matter with out having recourse to a commission; and the wish is frankly expressed that a settlement might be arrived at In time to be announced during the peace negotiation). The principal prospect of delay ties in- the desire ta submit the revision to M. Wltto far his formal approval as a matter of courtesy, showng how strongly his political atar Is In the ascendant In Russia today. Secretary Declares He WII : Clean Out His Entire 7 i Department HOLDS A CONFERENCE WITH THE PRESIDENT Four New Men are to Have Charge of Cotton Crop. Estimates in Future" Oyster Bay. N. Y July SI. Secre tary Wilson will reorganise thorough ly the crop statistics bureau of the de purtmrnt of agricultuie. Already he la seeking mn of character, (tood standing und education, to do the work. Men in Ahum the farmers and planters of th country will have the utmost confidence, and will place the reports en a standard of excellence never before achieved, one man he bus found, -although Ire doe 'not at this time wish to publish ills ' name. ,Tht other1 thiec he hopes to setlre In a short time. Two of them will be soutn- ern man and both will be experts In otton and tobacco, statistics. .This, In brief, is on.' of the Ideas which secretary Wilson elucidated to President Boosevclt today. n response to invitations, twice ex tended, 1 Secretary Wilson visited the prelsdent today and after his visit he talked frankly about some phase ofthe work.. He said he had not been tisked to resign niul did not Intend to do so. adding: "I am going to stick to my post and going to build up that de partment. You will recall that when I wtnt there I found practically noth ing but roll top desks and a half dsaen half starved scientists. The ag ricultural department tody Is a great department and sound as a nut. Since took chaw of it 279 people have been let out of lis service for various reasons, many of them on charges. We make It a point to keep only first class man and 'women. The purpose of the Investlgatons now In progress Is to purge the department or alt seiris.i ness and corruption and that end will be accomplished,- It i my purpose and .is the purpostiot ihe prealde'nC' s . Set-ftaary1 Wilson "ald Mr. , Holmes arid Dr. Moore ure now before the de partment of Justice. Dr. Moore he added had accom plished some fine results and If he had only made clear to the department his entire connection with tne nltro culture company, I think we could have kept him on a slralght course. Secretary Wilson said the present crop statistics board Is a sort of naakelofflce m the day he removed It shift affair. The new board Is to con ist of four men, two of whom are from the South. The other two are from other parts of the country. The secretary continued: "They will be the best men we can find In the country; men of character, standing and edu cation, man In whom the country will have absolute confidence." Psacsi That's European Spinners Urged to Refrain From Buying i American Cotton WOULD GUARD AGAINST HIGH PRICES IN 1906 Committee of the Internatlon al Cotton Congress .. .Takes Steps London, July St. -At an emergency meeting 6f the Inu-niatlonal Commit tee of thl tni. nuuli'iiMl Cotton tkra- resa. held .here to d.iy. It was decided to urge tha spinner of Europe and America to refrain f i .nil buying Amer lean cotton . during; the next three months exuap: for Immediate wants and thus try to ilnl.;te the danaer of the next rottmi si n son commencliiK with raw"tjfiterial at the high r ces at prescpt'prevjilliiB. The committee contends, tbere will be plenty of time wntn actual figures n;v available re garding the- n crop, to consider the situation that will then arise am), should Ihe'ifuppb prove less than the demand. lake such steps as may be necessa'iy h meet the conditions. At the same tfniu the committee feels sure thai tne surplus from last year's crop guarantees a full supply even In the event Of Die in xt ciop proving small. , The committee decided to organise service to. obtan correct Information as to the actual consumption of cotton throughout the w-oiM on the lines pro posed by the congress at Manchester June last i EMPLOYE ROBBED EXPRESS COMPANY Palatka. ,iVla , July 21. -John T. OtavesV an fhiploye of the Southern Express company, who claimed he was gagged and (led on tiie morning of the 29th, about i o'clock ami the safe. robbed of nbout 12,000 as previously published, confessed this evening 'to having committed the theft and gave up the money which amounted to $1, 835.01. He llrst hid the money. In an Incubator In his room In the express to the t'nlon Depot, secreting It In an Ice box. He Was arraigned befor Justice Row Ion this afternoon and waived examination. His bond was placed nl $:!,Ti0Q, in default of which he was sent to Jail to await the action of tin; Brand Jury at the next term of thu circuit court. . a awful warlike alaeo to hold a Suspicious Cases Found at Many Points Outside of New Orleans SITUATION IN CITY IS MUCH IMPROVED Authorities Conf! lent of Erad Icatlng Scourge Before Frost New Orleans, July SI. By the end of the present week the authorities In rharg Of tha yellow fever situation be lieve thu! they will be sbleio announce that the scourge can be eradicated be fore the coming of frost. Dally the sys. tm of Inspection and report la becom ing more perfect and In few days no more new cases traceable to the ol'lgkiul infection may be expected. Three dea hs occurred In the enters xency nospral today, tne numner oi patients In which has been largely In creased. President Sou.hon received advices today that the Wilmot case at Mor gan City, eighty miles west or fw arleans. had been pronounced yello ever. Every precaution Is taken to pre vent a spread of this infection, it w said 'hat when the present sickness pistes New Orleans will not seek to regain the fruit trade, which now haa been diverted to Mobile, until the fruit companies are willing to submit to reg ulations which will mnke Impos-lble he Introduction of fever. The present Siourge will ultimately cost many times he value of one season's fruit business. Moreover It Is probable that public sen- Iment In Alabama and Mississippi will require the authorities to take such precautions as to fruit steamers that he fruit companies will eventually find themselves forced to submit to the equally strict regulations in alll south ern ports. A di-patch today iys Port Olbson, Miss., would exclude all freight from New Orleans'. kther towns huve tak en similar action and business men are apprehensive that the quarantine Infec tion will spread and that there w(l be continued . contraction of territory In' which' New Orleaha Tnfty" fellvtW goods. A mosquito ordinance 'probably will be pas.-ed by the city council tomorrow. It will require landlords to screeen cis terns, with a fine or Imprisonment as the peualty for refusal. Few houses In New Orleans are without cisterns and 4V000 cisterns will have to be screened. Mississippi has again announced that !t will accept detention camp cer tificates Issued by the marine hospital service. Vcstt rday the railroads and iravi l is wer- thrown Into a panic by a despatch received by one of ;the railroad superintendents saying that two men Willi certificates hud been 'turned back. On the other hand Alabama Ins tak- paaea aonfsraaoa!" FREIGHT RATE QUESTION en a new lung. lit. The folloiMiig des INitch shows even more stringent re striction lhan ever before alempted: "Alabama biulth authorities decline to allow passengers coming from points beyond New Orleans that are not Infected, who Will be transfeired front I in Ik to Iran In New Orleans under murine hospital Inspection and lro; ctlon, to get off at Hlnl of des tination In Alabama. They are very rigid with their quarantine In this cK (lllriiilnghalm.)" New cases up to ( p. III. 21; cases to date 304, deaths to p. in. 5; total deaths to date ii; new foci 6. total foci 46. Of the tlve deaths reported above, three occurred III the Emergency hos pital and all five bore Italian names. TEXAS ESTABLISHES QUARWTINE AGAIN Galveston, Tex., July SI. The state of Texas haa Inaugurated another quar antine against the state of Louisiana, with the prospect that this time It will be of much longer duration than was the state quaruntlnue of lust week. Btute Health Officer Tabor tonight Ittlt'trrnnhftt.l .ill of Ihft I riunctnr nf the Texas-Ivoulslana border giving notice1". ." " J," ? .iT"' that the quarantine against Infected , .... , , . - points had been enlarged to Iclude the entire state of Louisiana. This, ex plained Dr. Tabor, Is because of the spread of the case that occurred In Louisiana today. WILL FIGHT YELLOW FEVER IN VIRGIN'A Norfolk, Va., July 31. At the call of he Norfolk health board tonight the health commissioners of Portsmouth. Berkley and Norfolk county will act In concert to protect 'this section from yel low fever. Crude' petroleum will be used In all cisterns and mosquito breed Ing iplacea, with screens and other pre cautions, , YELLOW JACK POUND- " AT ANOTHER POINT New Orleans, July SI. The Picay une's Lumberton. Miss., correspondent say: Iarc Wasden and Donald declared a use of yellow fever here last Friday evening. The patient, who Is an Ital- iiii, Is doing well, and will soon be up. There ore no other cases, not even a usplclnus one. Fortunotel ythe infect ed house is naturally isolated and only five others were with the sick man or any way exposed. Today some of he Italians proved refractory and had o be subjected to a Utile rough treat ment by the guards. No Injury was done and they now seem very docile. THREE RAWlGS MEN MUSt HANG Sentence of Death Is Passed Upon Trio That Murdered the Carter Children Vadosta, Ga July 81. Sentences of death were passed upon J. G, Raw lings, Milton Rawllngs and Jesse Row lings 'to night. The date of execution Is the fifteenth of September. Frank Turner, the negro preacher, charged with accessory before the fact was found guilty with a recommenda tion of mercy. A motion for a new trial in the case the Rawllngs was filed and the ninth of September was the date fixed for 'the hearing. Atf. Moore, also con demned to die will be sentenced to morrow. HURT IN WRECK. Jollet, 111., July 31. Five persons, all car.rrn people, were Injured In an accident to an eastbound passenger train on the Rock Island railroad today about a mile west of Jollet XIF IS TOO SACRED TO BE TAKEN UPON J 1 5 v ; EVIDENCE OF BAD WOMAN," SAYS GLEO . (Special to The Citlcen) Raleigh, July SI. Governor Glenn today commuted the sentence of Charles Stein, of Madison county, con victed of criminal assault and sentenc ed to bang September.!, to life Impris onment In the' penitentiary. In an nouncing ths action be said; : 'Charles Stein was sentenced to be hanged May IS. On appeal to the Bu- ircme court, tho Judgment was affirm ed and ths pilsoner was sentenced to be hangnd on 'September 1ml. At the '.rial tha prosecutrix said she was liv ing with Anderson Collins her hasband rt the tlmo of the outrage, and was a true and virtuous woman. Since the 'rial is has developed that she was tetcr married to Collins, but waa My- I Meeting Held Yesterday Morn- Ing to Discuss Important Matter MEMBERS OF BOARD 0F; TRADE IN ATTENDANCE Judge Pritchard Brings About Conference to Benefit ,v Ashevlllo J. M. Culp of Washington, D. Ci , third vice-president of ths Boutheri Railway, L. Green, of Washington, Ei, C, freight trai..c manager Of the) road, and E. H. Rhaw. of Greensboro. ' di vision freight agent, wen In Ashe v4lle yesterday for tha purpose of holding a conference with tha officers of the boat d of 'trad In referenc, It) an adjustment of freight rates on cer tain articles. The representatives of the road and the local public spirited business and professional men spent 1 1 h AntteA mnintn In a1hb nun Ihi liuuiiM mom IH" IWWI W UV 1117 Ing It was aald that mue.t good could be expected to come from tho confer ence In the future. Although no prom-i isea were made by the railroad mer their coming from Washington , and ! Qreengsboro for a conference In (hla city shows that thry are in earnest and that they Intend , to ; remedy and In equalities that operate against tho Ashevllle- shipper. , Ai The conference yesterday morning was held In th. office of Judge J. 'Ci Pritchard who was but recently p pointed chairman of the committee on manufacturers of tho Board of Trade and waa attended by President Powel of the Board of Trade. Secretary Ran dolph, and T. W. Weaver of tho oomi ' mltteo on manufactures In addition to the representatives of 'tha Bouthern, If waa represented to Jlhe officials that the freight rules on some qualties of goodvuro. In' ou opinion at tho : Ashevllls men, very high, and it was pointed out to them .wherein the change would b of benefit to all per sons concerned. It Is Undet stood that the officials will take the matter un der advisement and that further com munication upon the subject will tak place In the near future. . Judge Prtchard lost no time after his appointment ita chairman of the commit tee on manufactures of the Bnatd of Trade in getting to work os 1 tho matter of freight reduction which Is considered essential to the success- operation or large wood working and omer plants in this city.- He; com munlted with General Manager 8 rest eer of 'the Southern and through that gentleman arranged for the conference. which was nem ycsieraay. -ao a rep resentative of The Ctlxen Judge Prit chard said yesterday afternoon that h was well pleased with the work done nt the morning meeting and felt nhat It would not be long unlit better freight rates would be obtained. The rates on some classes Of goods, he said, are satisfactory at present and only those rates that aio regarded at tin usually high will be considered. Judge Pritchard said that both the rates from shevllle to other points In and out of the state and from those ponta lo shevllle are being considered with the Idea that changes shall be made In both Incoming and outgoing rateSg y in I TWO KILLED IN WRECK fit ON THE COAST LINE Macon, Qa., July SI. A special to Tho Telegraph from Bulnbrldge says, : , wreck occurred today on the Atlantic Coast Line at that point. An extra train of forty cars and a switch engine, with five cars of lumber collided. En gineer Jack Jones and a negro fire man of the extra were killed, the Jat ter burned to death, , . ' ' ' SCALE APPEARS , Norfolk, Va.. July St The San Jose scale has made Its first appearance In this section and fruit trees are ouffets Ing. Peach and plum trees are partic ularly affected and lit soma Instances the fruit on these trees Is not fallng off but tho trees themselves are dying. ing In adultery with him: and also that she was a notoriously bad woman destitute of virtue Or truth. . i - ! So while she was corroborated, in some respects by other -witnesses, still life Is too sacred to be taken upon the almost a n corroborated evidence . of such a woman. Tho trial Judge nd solicitor write that this evidence, al her character, were unknown at thi time of the trial and now both recom mend clemency. , "All court officers, the trial Jury tar. many leading cltsens of Madison coun ty say U would b unsafe to let woman's evidence forfeit the prison III.S so the sentence Is rommutted life Imprisonment In ths state rr; and sheriff of Madison county is 0 - ieed to convey the prisoner 'htr.
Asheville Citizen (Asheville, N.C.)
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Aug. 1, 1905, edition 1
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