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.