t I ) TRY A CITIZEN WANT AD. THEY BRING RESULTS.; . THE ASHE1I THE WEATHER. ' - FAIR WARMER. ... - PRICE FIVE CENTS ASHEVILLE N. C WEDNESDAY MORNING MAY 9 19C6 LLE 1 CITIZEN , VOL XXI NO 160 . Thinly POSITIVE AGREEMENT ON ALLISON AMENDMENT FOR HEPBURN BILL NOW MADE Data Exchanged to MaKo All Further Misunderstan ding Impossble. MAJORITY FACTIONS RATIFY PROVISIONS Restrictions Placed on Injunctions-Appeal Will be To Supreme Court. (By Associated Press.) WASHINGTON, May 8. Conferences In the Senate yesterday which resulted in positive agreements on fix provis ions to be .ncorporated In the Allison amendment to the rallroaJ rate bill, were ratified today by additional con ferences of Senate leaders represent Ins nil. nennhllcnn fnptlnns. That there could be no furtha- misunderstanding this data for the basis for agreement was prepared and exchanged: " The Allison amendment is to com prise six propositions: "Iirst Th( words 'fali'lv remunera tive' In section four of the bill, are to be stricken out. "HBimnrl Tha unr.lu Mm Itu luritrnlpnl In the same section are to be retained. 'Thlrdl Jut Isdlction is vested in the United States circuit courts to hear and determine suits against the commission "Fourth No preliminary injunction or Interlucatory order is to he granted without a hearing art"d notices. "Fiftli-The iiirpllcaJion for prellmi nary Injunction or Interlueato-y order are to tie heard by three judges. "Sixth A direct appeal from th? In terlocutor by decree to He only with th Supreme.'court of the Pnlted States." "t'nder the first and second clauses of the agreement the rale making sec tion of th bill will authorize the rate made by the Interstate commerce com mission, when after full heailn? it shall decide that rates are unjust and injustly O'lscrlmlnatory. The third clause is the original Alli son compromise amendment and simply ."VNHbpIO dekT Tip WH T HTH T confers Jurisdiction on the cineult courts to hear and determine suits naralnst the commission. The fourth.' fifth and. sixth clauses place certain re strictions upon the g anting of Injunc tions and provide for the appeal from such orders direct to the Supreme court. In the abct;. c today of Senator Al lison from the Senate, Serial or fulloii) offered (he Iowa senator's compromise amendments; to the railroad rate hill. He said that Ml'. Allison would himself have offer.-'-? t hunt, but Tor the fact that he w as 111. He asked that the amend ments be printed and lie over, saying .tbiit Mr. Allison would be In the Sen stn later and take charg or them him self. CHINESE BOYCOTT MOVEMENT WANING America Imports to Oriental Country Were Double In 1905 to Those of 1904. (By Associated Press.) PEK1N, May 8. The statements to tho effect that there Is an impression In the United Slates that the boycott of American goods is growing have caus ed surprise here. All the Information obtainable shows thatHhe movement la warring. The Chimse customs report for 1803. Just Issued shows trat the American Imports were 77,000,000 taels, .., ...r-oH ullh 29.0O0.00 In 1904. it nn- Twars that the tmrorters have made enormous speculative pw.cmmes iu the year, chiefly In anticipation , war demands and a decrease In Im ports would be natural under any - ir cumstanees until these stocks are dis- trlbuted. LAYING OF TEMPLE CORNERSTONE BRINGS THOUSANDS OF PYTH1ANS TO INDIANAPOLIS (Citixen's 8pecial Service.) IDIANAPfLIlS. M- 8 Today lm been a notable one In the history of Pvthianlsm In this city. and. in fac' throughout Indiana. The city has been thronged with thousands of mem bers of the order from points far and near brougth here by the ceremony or laying the cornerstone of the nw Pythian temple, whkh is being erect ed at a cost of nearly a half million dollars. - "The exercises of the day were pre ceded y mammoth parade of the knights in full uniform. Arriving at the Kite of the new temple, al the cor ner of Pennsylvania stivet and Mas sachusetts avenue, the exerris at tending the actual laying f the cor A oriated Press Newspaper ARGUMENT IS BEGUN IN THE PERKINS CASE Trial Beforo Appcllato Divis ion on Appeal From Grccnbaum's Ruling. COHN SAYS TRIAL SHOULD BE C VIL Counsel Fdr Defense Argues No Proof Exists of Felo nious Intent. (By Associated Press.) ' MOW YORK, May X. Argument was begun today upon the George W. Per kins case In the appellate division of the Supreme court. Mr. Perkins was formerly vice-president of the New Voiit i.lfe Insurance company. He was brought before the court In March on a charge brought to test the ques tion whether the making of political contributions from insurance couipa .,!. fonrla constitutes a crime. Th. inm4-nn- eomes -before the ap o... .iitrUInn on an aotieal from a ruling by Justice Greenbaum, that such contributions constitute larceny. t,,,i nhn. of counsel for Perkins, contended that there was not sufficient loo-ai vtrtPiice to iustlfy the magitrat In assuming jurisdiction in this case and that the property taken was (.un .iH.ini f,.r the henerlt of Us true own- .u lo.iirr. fnhn said that If the court i,i',i iht to camnaiens the property nvas not taken for the benefit of the true owners then the proper course ot action would be a civil suit to wcov n.. 11 Th,. liiof onesilon." said Judgi Cohen, "is one of intent and there is if of felonious intent." District Attorney Jerome made an argument in support of Justice l.rren v. ' ,i,.iuion "Such an expendi ture as this contribution." he said, "if brought to the attention of the courts. In have iheen prohibited i.,. i.,i. ii.m To lake the property of U 3 Injun. ..v... - those policy holders who are of -in opposite political party; to iasc i monev of persons whose families will have to rely upon It for support to advance the Interests of a party to which Ihr-v are opposed. Is contrary to the whole fundamental ethical concepts of this community. I think that such a course must be opposed by any right minded man." He added: "As showing the criminal intent. A great deal of discretion resides in the courts. I maintain that: It is sufficient to prove that there was a moral evil to prove that there was felonious in tent. " The court reserved decision. WITH HUGE KNIFE NEGRO CARVED HIM (Special to TJie Citizen.) SALISBURY. N. C. May 8- Mr. L a TJ.jrk..r a liitHir agent uf Charlotte, had a dangerous encounter with Tom Scott. Colored. Saturday nignt in a ,...r train of the Asheville dl- loinr, of the Southern near this city. pi,. n..rn ottemnted the life of Mr. tj .nH ailnnhed htm several times n iiv. a lime knife before the traveling man could get out of reach. Although under guard while at a station Tiear the city, S'ott Jnmped from the train window and made his escape. nerstone were held. Oeorge W. Powell, president of the building commission. presided and the Kev. Aiexanor l-'erran of Terre Haute uenverea ore in vocation. Governor Hanly delivered a welcome, after which the cornerstone was laid by Orand Chancellor Duntert, assisted by his fellow grand lodge of ficers. - " The mpreme'and grand lodge om- . .i mi,.. rltlrpMntatives fiC the order then adjourned to Tomlinson ha'I. whre the address of the day was ge livered by 'ongressman JamfS!E. Watson. Nearly all of the offlcexs of tiie supreme lodge, together with th graod omeer of lillnols- and 1 ther neighboring state, were In- attend-Siwe. HOUSE GIVES FULL SESSION TO NAVY BILL Reported Exorbitant Price if Smokeless Powder Brought Up Again. TS HARD TO GET SAILORS TO ENLIST Army Appropriation Bill Sent To Conference With Full Disagreement. (By Associated Press.) WASHINGTON, May 8 The house of representatives today devoted Its session to the naval appropriation bill and accomplished the reading for amendment of about live puges of the bill During this time other matteis Incident to the bill were discussed. In cluding the difficulty of obtaining en listed men In the navy;-, the location of the naval training station p.n the great lak?s; the cost of smokeless powder, and finally- the unnecessary expenditure .of J100.000 a year for chains for ships. This lust matter was under consideration when the aouse adjourned. Representatives Loud of. Michigan m,l firosvenor of Ohio offered amend ments providing that the purchase of. such supplies as chains, anchors, cord age, etc., shall nereuner ne u, ompetltlve bid process. Representa tive Rtxey of Virginia was unsuccess- ful in getting an amendment througn limiting to 60 cents a pouna wic whi,.h muv b expended tor smokeless powder. He stated that the price now paid was id cents a pounu, but that the inquiry made by the naval committee showed that It actually cost but 35 cents to manufacture mis pow der. Th oi-inv annromlatlori mil was ovm n ranfrrplire With 811 or 1110 senate amendments disagreed to. JIM CROW" LAW IS URGED FOR CAPITAL D Aaancijlted Pl'CSS.) 'KMivnT(f: Mav S Home days ago Representative Heflln f Alabama, introduced a bill to require separate street cars in the District ot Coluin-, bla for th white and colored va(-es Today he received the official endorse- j ment of the measure: from a local citi scn's association. He will urge the bill before the committee. A. th. .umm approach.. y.u all that? h TtTCTy litil. you h.ar CONFERENCE PASSES THE OPENING LAW Unordalned Preachers MaylConvontlon of Miners Formal- IwArm M.rr! lUW 1 V IV I I'ihi i w v - baptismal Rites. ITINERARY COMMITTEE If All IN CONCURRING Committeemen Cannot Agree On Enlarging Functions OT Conference. (By Associated Press.) HI RMINGHAM, Alii., May S.-Th-general conference "I the Methodist Epls opal church. South, passed its hist- law today when li concurred in the main report , in.- revlsuis commute- as amended, conferring powers on tinorc.alued pri-m hers. I'nder the new law, preachers who have not been ordained ma, preach me Gospel, pe -loi-m th marriage l ite, administer bap tism, and In the absence of tfie pieald. lug elder, or 'bishop, control' the ap pointment of all am Ices to be held In the church In his charge, with the un rterstandliMr that no p rmanent i;.wers of ordination are con fa red until the same are .ranted by the laying on of hands after he shall have met the dis ciplinary requirements. (llbe committee on itinerary reported non-eoncurrence Hi a series of resola fxercise of transfers by the bishop. The committee also concuired in memorials to license local preachers. . .1 ' c FORMER EMPLOYER - (Special to Tne Citizen.) SAL.lSBtRY. N. C. May S.-J. II. Roach, superintendent of the Halfoui nuarrv at (! unite Quarry, Kowan county, was t-hot in the hack this af ternoon by a colored emi-loye at ih nlant known at ' Snake." The weapon used wus a t-hoidin and Mr. Roach is desperately wounded. Immediately af tcr th-- shooting ihe negro fled but was .....v.inrl hv a. i.n.-se of uboill one hun- ai infiivixie.l (tUens. The posse hi being led by officers, but a lynching is feared before morning, ice ncpsiu discharged last week by the manage ment and sin.;' that time lias beeri K ino- in .valt f or Super Iiiteudcnt Ro& h. who. hmi-ovi. w:'S nut responsible fi his losing bis job. Excitement runs high OA. Granite Quarry tonight over the shooting. nrrnA cili b t. hr about' th. summer girl a a jl th. b.thin9 girl, about th. girl than ca cook . 9oo4 m.al. in Western North MINE WORKERS WILL RESUME! WORK TODAY ivRMifies Aarccmcnt - " ' tr Alroady Made. MITCHELL CALL I r TREMENDOUS VICTORY Securing Signed Agreement With Operators He Regards as Bin stfln. . - a - - - r (By Associated Press.) SCRANTON, Pa., May 8. Work will be resumed by the mine wo Hers ihrouirhmit the anthracite Held Vl'hurs- day morning. The repair men and any others necessary to prepare til.' col lieries for general operations will re port for work tomor ow morning. 1 nis was do Ided upon at the closing session of the convention this afternoon. Ai the moi-nina- session the agreement entered Into Monday In New York be tween the operators and sub-scale com. inltt"e was formally ratified. Th roinmlttee adopted resolutions condemning the state constabulary and providing for the mine workers as an organisation taking an active pui t in polllk-s In the nomination and support ollegislutlve candidate. When President Mitchell entered tne hall he was heartily applauded anil called upon for a speech. He said: This ni'ohuhlv wl he the last time that I shall address you and It might be well for me to say one or two things. Some are Inclined to bcliev- ihut i,f,-:,ni we have not secured an advance In waj-cs or any Improvement n.tlv conditions, of employment mai we have not accomplished anything. 1 want to Kay that 1 Deltevg you jpivu taken- the moat advanced step In the history of this movement. "You have st'.iired what you have never before secured a signed agice mnnt with the onerators. It la an nfr...i.innt which Is not ent.roil1 Into w ith the Vv.tted Mine Wo: kern, but w ith the officers of the organisation; but they have signed an agreement with your national president and with your district officers. He closed with a pica for loyalty to the union. The convention adjourned sine die. Mr. Mitchell will leave tomorrow for Indianapolis JACKSON NEGRO IS LYNCHED BY MOB (By Associated Press.) JACKSON, Miss., May S.-Sam Sim?, a negro, was lynr.hed by a mob six miles from Jackson, lust night. Resist ing arrest Sunday, he killed a htrse under Constable Hendricks, and friends of Hendricks captured the negro and lynched him, first lying the constable ti a tree to i revent his Interference. the tennis giH and PROVISION OF ELKINS HELD UP IN SENATE Senate Devotes Nearly Entire Sessloh to Ineffectual Discussion. AMENDMENT BILLED TO COME UP TODAY House Decides That Chair can Entertain Motion to Lay On Table (By Associated Press.) WASHINGTON. May. N. Aside from a Hew minutes devoted to the reception of the Allison amendments to the rail road rate bill, and a half hour given to routine business, the Senate devoted Its eptlr.? session today to the'tnefTec tual consideration of the lOlkins amend ment prohibiting common carriers f urn engaging In mining coal or In the pro duction of other connnortil lea m com petition with ..shippers and. adjourned at 6 p. m. In a state of great confusion uu t, the act snhiert before It. The disorder was due to the fact that a number of substitutes for amendment to the original amendment were offer ,i Uiit'lii tho dnv the Senate decld- iil the heretofore distillled point that under the agreement the chair can en tertain a motion to lay on id? tame, ii ,r,iM.rt however, bv a vote of 29 to as to lay the Blklns provision on the table. That amendment ana me var i...,. .,,,v,Hii.uH,,r will therefore be In order when the rate bill 1 taken up tomorrow. N. C. REFORMED CLASSES MEETING (Special to The Citizen.) MAlikHKU'RV'. N.. t. May 8. The ..i ,.r in a n..f..ioipil Church of North Carolina met in annual session .i Miui.iilu-lmer Korliiits. Stanley coun ty, today, where a large gathering of .hnr..li Kiirkera Is assembled. The del egates present Include a large number of lay as well as clerlcul workers. Mr. J P. Leonard of Davidson county 4s treasurer and Rev. J. C. Deonard or Lexington is clerk of the organisation. The last annual meeting was held in Lexington. NORFOLK TO GET THE UNION DEPOT (By Associated, Press.) NORFOLK. Va.. May 8 A special to the Vlrgihla-I'll'd from tfoWwbot o, N. uuvu lli slate cnroorailon coiomis- I slmi settled the iiestiou of a union de pot today by ordering me Atinnui Coast Line, Southern Railway and ths Atlantic & North Carolina raiirouu. huild u union passenger tutloiiiiithl ity. 'pi, ,,iUuinn also t ders the raii- . iu i, ... nio in ItHlelnh within 30 days th plans and oilier specifications or the building. i!,a,il,i whs also mentioned as tne place Mr the const ruction or the depot. u'hut act on the raiiroans win i"--, U any, cannot be learned. HOOKEN CITIZENS MOB (By Associated Press.) NWW YORK. Mav 8 An unk low man who walked down the malivstreet of H-.boken today, kicking an American flag along in the l r was m.mbed by Indignant citizens, .-tubed by a policeman sen te .ced by The court and put to work breaking stones in a penitentiary the day was over The man refused to disclose his Identity when ..uestlom-d by the court, but said he was the "King of J Td came from "Nowhere.' When .' h m in court for abusing the flag he Interrupted, declaring That to all lis goal tor" The recorder Imposed a sentence of seven months. NORTH CAROLINA SUPREME COURT PASSES FOR FIRST (Special to Th. Citizen.) iJAt.KlCH. N. C. May 8.-ri1ie Su preme court this afternoon In Rollins vs. the. R. J. Reynolds Tobacco com pany passed for the first time on th North Carolina child labor taw prohib iting the employment of children under twelve years of age in mills or fac r,-. ii ..iiin. nhilil huit been 111 - 1 tortus. ni""" lured b Its own carelessnesa In tne ' . . a ,Ka H 1 IR J Reynolds tacioiy u ludge sustained the "defendant's demir- Irer, putting me ca vui -the ground that the child's statement "... in... re hv his own I snoweu . 'arelessness. now n r. , , - Carolina EVERY DAY IS A HOLIDAY IN STRICKEN CITY Governor Pardee Prevents Foreclosure of Morgatges By Novel Method. . i SUBSCRIPTIONS TOTAL OVER FOUR MILLION San Francisco to get Direct Canadian Money Refused By The President. (By Associated Press.) S.VN KRANOI&CO. May 8. Mayor Schmits elicited applause by reading the following telegram at a meeting of the reconstruction committee today: 'Toront i, Out., May 8. The-" Can adian' Parliament votec tlOO.000 for the relief of San Kranciwo, which was declined by President Roosevelt. ' It Is still awaiting acceptance. Will you iake-Jt it. offered, direct? -Please ruli answer. "TORONTO DAIX.Y S'lAti. James D. Phelan, chairman of the finance committee, was asked to an swer the message in the affirmative. Reporting for the finance committee, Mr. Phelan announced that the sub scriptions from all sources up to Ma 5, make a total of $3,000,992. This doea not Include. the S500.000 now held by the New York Chamber of Commerce. Governor Pardee was present for the first time ut the meeting of the r.mi.imjHMi committee, and was 'questioned as to his intention con cerning the continuance of legal holl-, days. In order to avoid official com-, plications and to prvent inoiviauai m tress, the governor ever since April 1H, has ieen dally declaring each succeed ing day a legal holiday,, thus prevent ing the foreclosure of mortgages ami postponing the payments of other oh lltlgilon that might fall due. The banks of the Interior were fearful that a sudden cessation of his proclamation might cause a panic, and it was on. their behalf that the governor anT nouneed that he would glve notices be fore the close of the holiday period. Among the recent shipments of freight received was a .quantity of corrugated sheet iron, and mairy ot the temporary structures for business purposes are being duiii m mxi !.-ii-i-i This addition to the avallnhlo supply has --broadened the" field f con tractors, and in many 'dum-ks i burned district dosens or small strict ures -will this week contain the fresh stocks of merchandise. i POLICY HOLDERS FORM ASSOCIATION (By Associated Press.) ' WASHINGTON May 8. Bernaud N. , Tiaknr, of Raltimore, presided over and was mart- pertnunenf chairman or th exwullve committee .f tho Mutual Lire .Insurance company Policy-Holders' Association, which met here today. Oth ers present w ere Calvin Tomklns, NVw York; John Skelton WlHiams. of Rich mond 'Va.. "John "Shurp Williams, Mis sissippi: W. S. rrhompsoii. CSeoPSla. Ed ward Woodman. Maine; Admiral Charles M. Thomas. Rhode Island; Ir. Henry I. Hoi ton, Vermont; Geoige E. Aymot. Quebec. Canada; R. J. Mac Lean. Delaware, and Robert K. Huff. Texas, and John Dewltt Warner, of New York. . 2Q FROM "NOWHERE" TIME ON CHILD LABOR LAW Supreme court holds that wheie child under twelve is Injured the pls contributory negligence cannot be made, .. as the employment of such children l 4 violation of express statute and such child cannot be held to have contrib" ufced to the Injury In any case. The eourt declared In concluding the elaborate opinion that the life and de velopment of the state are not only consistent with but promote-J by ttv; exrluslon of y -ung children 4rom niilis and factories. The KhUi educated and developed before beginning work of this kind becomes not only more ne. ful and efficient but in all respects better rltlaen.