North Carolina Newspapers

THE ASHEHLLE CITIZEN THE' WEATHER. ' Partly Cloudy. Want a Horse ? Say So l, In Citizen Want Ads. VOL. XXII, NO. 217. ASHEVILLE, N. C, THURSDAY MORNING, JULY 18, 1907. PRICE FIVE CENTS. A TOM THICK AND FA LOCAL TICKET GENTS OF ANOTHKIl Mil. ST ,, -. -, ... CLASH BETWEEN FEDERAL AND: STATE COURTS SEEMS IMMINENT AT Judga Long Orders Agent Green Transferred to Custody of Court. MAY REFUSE TO RELEASE PRISONER Should Both Sides Stand "Par Grave Consequen ces Are Entailed. The contest between the state au thorities who are determined to en force the railway rate law and the United Stales Circuit Court which ha decreed that the law be not obeyed and has enjoined some of those who seek to enforce It has passed beyond the stage of a sensation and has reach ed a situation whose gravity arouses apprehension among the conservative people. At six o'clock yesterday morning Judge Prltchard of the United states Court Issued an application of T. 8. Itnlllns in a writ of habeas corpus re quiring the sheriff of Wake County to present before him, E. T. Green, ticket agent of the Southern at Ral eigh, who was then an actual prisoner of the state . Superior Court of that county awaiting the trial for violating the rate law by charging mere than I 1-1 cents, a mile for- ticket,' and. in the 1ate aneVAooti 'weh't to ftalelgh to hear what answer the BheVlff Would make when h presented the prisoner before the U. S. Judge. But the Sheriff will present no pris oner In response to the rifle because the Judge of the Superior Court yes terday noon took the custody of the prisoner from the sheriff and Green was held by the court Itself which then proceeded to try the case. J urine Prltchard la expected to hold that Judge Liong as Judge hus no authority to hold a prisoner and to Issue a writ commanding Mr. Long as an indi vidual to present Green before him. Judge Long Is expected to maintain that he is acting as Judge in holding the prisoner, or rather that the Court Itself Is holding the prisoner, and to refuse utterly to heed the order of Judge Prltchard because It is unlaw ful Interference by a court with an other court of equal powers and Jur isdiction. Judge Prltchard will call on the United States Marshal to enforce his order. Judge Long will call on Ihe sheriff to allow no interference with the prisoner of his court nnd Gov ernor Glenn will back the court of the state with the state troops If neither court yields from Its position or the Southern railway does not drop lis proceeding!) there must Inevitably lie a conflict between the armed for ces of the state and the national de partment of Justice. I'nprrcrxlenlod Sltiialioii. It is not necessnry to point out the extreme gravity of the situation Un less some one yields there must be an armed conflict; grave disaster threatens, consequences of the utmost import. It seems inconceivable that such eventuality can he. that some escape can be found from i he precip itation of conflict, but none has yet been pointed out. The Governor of North 'Carolina and the judge of Its court have acted after careful delib eration and on the advice of counsel Judge Prttchard, thoroughly aware of the consequences of bis acts, will pro ceed without faltering on the line he has Indicated and can the railway at this late hour abandon its conten tions. The signs are omnious. Popular Keeling. tVuint must be taken of popular feeling and this, regardless whether it DEFENSE HAS ITS INNINGS IN ANSON COUNTY LYNCHING CASE (By Associated Press.) CHARLOTTE. N. C. July 17 The defense In the, case of the twenty citi zens of Anson county, charged with the lynching of J. V. Johnson, at Wadesboro, the night of May 2S, 190. now in hearing In Union county supe rior court, today began the introduc tion of testimony, concentrating its ef forts on an attempt to impeach the eridence given by witnesses for the state. T. R. Tomlinson. the officer who arrested H. V. Kendall. Sr., the n.mKnr nt th mob Who tUtllfd State's evidence, testified that Kendall told j .. h K.ndalli was at home; on the night of tke lynching: that late i .u h h.rH ih. noise made I by th crowd passing his hoase and , ireat yt to hi ta to investigate, but CENTENARIAN DIES AT CANTON (Kpei'lal lo The Clllxou.) CANTON, N. C, July 17. Mrs. Car oline Stamey, wife of the lato Abel Stumey, died here yesterday. She was a sister of the lato Abrose Pharr, one of the pioneer citizens of the county. Mrs. Stamey was about 110 years of age at the time of her death. and her husband, who died during the winter, was over 100. This aged cou ple had made their home about five miles from Canton for many years. Mrs. Btamey's death was supposed by many to be caused by measles us she had lived nearly 110 years without having them until recently and suffer ed severely from them. Interment was at Locust Field cemetery. She leaves a large family connection in this county. I bo right or wrong, is rapidly lining up on the side of the state authorities regardless of politics or views on the Justness of the new rates. It may become the controversy largely hin ges on interpretations of the powers of state and federal courts under the United States Constitution and its laws, one of the latter of which is that no Federal court shall enjoin a state court, that there is feeling, Ihe mind not trained in legal lore be ing naturally unable to see the distlnc Hon between enjoining a court and en Joining the only persons through whom the court can act, the persons who are necessary to form a court, and yet many legal authorities and precedent, indicate that there Is such distinction anfl It h asserted or good authority, that 4he Supreme-Court of the nation has recognised It. But the conflict waits its results today when Judge Prltchard reaches Raleigh. Famlllnr Facts. The public Is familiar with the sit uation up to yesterday. The state Legislature In February passed a law reducing freight and passenger rales and later a number of railway com panies secured from Judge Prltrhajnl orders restraining the state corpora tion commission and ttie Attornely General from taking any steps to en force the law. requiring them to show causes before him on May 2fith. why the injunction should not be made permanent. At this hearing the rail ways contested that the new rates would reduce their revenue that I bey could make no money and there fore the law was unconstitutional as contravening the 14th amend ment to the United States Constitution which provides that no person shall be deprived of property without due process of the law and that the cll ifcen of every state shall have the same privileges as a citizen of any other state. The slate corporation commis sion resisted and there was prolonged argument, and evidence on the part of the railways to the effect that they would surely loose heavily by the op eration of the law. Judge Prltchard decided In efTect that if the state ments made by the railways were true the new law was unconstitutional for the reasons given but that he neither (Continued on Page Five. ) ALLEGED GAMBLERS ARRESTED BY POLICE About three n't luck this morning the police raided alleged gambling house in the cotton mill section. The game. It is alleged, was Just breaking up as the officers closed in. Five white men are said to have been in the game and only one of them es caped. The four who were captured all furnished bond for their appear ance in court this morning. could not recognize any member of te mob. C. J (lathings testified that aroused by the noise made by the lync hers, he went to a point near the jail, but saw no one on horseback. Kendall testi fied that he rode to the Jail with the mob. but admitted that the night was so dark that he could not have seen a horseman except very close Several witnesses testified in refu tation of Sheriff Bogan's testimony that the night was not so dark but members of the mob Other witnesses test Med to the bad character of the senior Kendall admitted on cross-examination but that they considered his character food prior to the lynching. RALEIGm THE trHCIH j F I .- roygrf yffl a coo. fiernBimtlb OAaim on we fottrt$o TWO HUNDRED f EDITORS ARE IN CONVENTION Thirty-Fifth Annual Meeting of the N. C. Press Asso ciations Opens. SOME INTERESTING ADDRESSES HEARD Many New Namos Enrolled. Members Given Sail On Beaufort Sound. (KHvfftl In Jtfzui. ATLANTIC 1IOTKL.' Morr-hcriil City, N (, July !7. Nearly two hundred flrlKat's vrn. present thin utnrninK when PreHhlerit T J. Lansitor rnlhd the thirty-lift h eon vent hi n nf the North Carolina Press A.sMorlation lo order. The Hon. VV. L. ArendeM of Hal elKh delivered (he addri-Hn of wHrorne, the remonnf! thereto heiriK irmde hy Arrhihuld JohriHon The report of the executive otnrnf( on new nicrnhnrs showed a KHln of thiriy-elKht rinrftiK the j-nst year. President T. J. I.slier delivered an a hie add re outlining the v. oik ae eompllHhed hy the association and dwelt on the excellent legislation it had been instrumental In swm rlnif. Papers were read by J. S. Farrln of Hifrh Point, Archibald Johnson pt Sumrnltvllle. K. It Chirk, of StateH ville, and M. L. Hhiprnan of Hender Honvillo. . C Moore, president of the North Carolina division of the Southern Cot ton Association, delivered an address dealing with the iM-nelit of co-operation between the newspapers and the cotton interests. At the flight session, H. f Phillips, editor of The New Hern Sun, and Jo- sephus Daniels, editor of The News! and Observer, delivered Interesting addresses. Mr. Daniels discussed the newspaper of tomorrow, dwelling on the fact that the newspaper of the future must be untrammeled. not eon trolled by corporate interests. News papers, he said, must be the great teachers of Ihe people. I D. T. Kd wards of the Kinston Free ' Press closed the session with a discus sion on the advantages of semi-weekly newspapers. Iate this afternoon members of the association and invited guests were given 8 sail on Beaufort Sound. Will Speak In Oklahoma. WASHINGTON, July IT. Secretary Taft has finally arranged to make his political speech at Oklahoma, Okla , on August 24, three weeks before the elections. He will stop, there eo rouUs from the East to Lhe . Pacific euaat. when lie Mils from Seattle, Wash, on September 19, for the Philippine!. ) 'HARIXJTTK. JiHv I. T .1 ) Wlthorspoon,1 fit)' II. kii iiKi ui i here for the Bouthcm lia lt Company, waa todn Hire-ted v i j fur refusing to aril . lukci i the rate of X 1-4 cent n mile k. provided hy rwi'iii hi i ir i In' 8lato" Legislature. it licr.-.poon e) will be placed on t rl.. I m the te r corder's court tonmriow SOME SNAPSIIOTS FROM OVERLOOK PARK. GREAT DAMAGE, IS WROUGHT BY CLOUD-BURSTS Three Deaths and Much Prop erty Loss Reported In Zanesvllle. Ohio. RAILROADS ARE THE GREATEST SUFFERERS Officials Fear Greater Trouble All Wires Down In Strick en District. (Hy AmhocImKmI Press. PlTTSHMtU, I'm.. July 17 phonic coinrnhiiicallon with Virginia point Lite tonight Tele West I. port enormouy daiii-i1 'V cloudburst and st"rnis in the inii rior of the Ktaie. At Zanesville, a cloudburst anil electrical storm today renulteil lo three deaths nn damage Ta.!or while fording a and a man ua- atliH mill basin i much proper! v ialx wits droy.nci; ereek Ht Mli-ellle. Irownnd In (In Ad His boat was iip-et .1 'ho Kline, a iiiiih r mi killed by I in lit - by tb- wind of ( 'onriellsv llle. nirig at South '. Along the VV road between T W Va . the dan n-s itle. iwi Maryland r h 1 1 - iomas and I'Jlkins ige in so great that e"ible to f i pi ' I all ic road for at b-a-1 ititolred and li'iv was washf it n'.i r Ituri. Ietween il.iio k. and at the sarin hirty foirt lambliile telegraph wires an It u ill if. I be that portion of j -4 hours Tun I feet of the tra ' 1 he banks of Tnl ! ieton and lleiolr : I point there Is a All telepho down Istwein Parsons and Elkins Tru t- UhsImxI OoU litween Done!. is and Thomas the lra-ks are wa-ln'l out for a cpiarli-r of a mile. Cam is still falling and railroad official- fear oven great r trouble Tin- Drv Fork rallwiad 1 reixirted under xfer and the HlK Main of the West Virginia and Mary land liax i''niii:iny was torn out at Parsons, (in tin Haltlmore A Ohio railroad there h is l-en trouble be tween Terra Aim nd firafton. Im bi ding washouts and landslides, and since o'clock ibis morning there have lieen no trains over that divis ion. The dam ai Thomaa has ben weakened and it is feared It will give way. precipitating several millions ol gallons of water into (tieat and Ty garts Valley The coal and Iron branch of the Western- Maryland road between Klklna and Durbin 1 reported tied up by washout and landslide.. ' THE SOUTHERN RAILWAY SPEND NIGHT IN CUSTODY NEW OFFICERS OF THE GRAND LODGE NAMED 5ohn K. Tener of Pennsylvania Is Elected Grand Exal ted Ruler. MASSED BAND PARADE SPECTACULAR FEATURE Memphis lodgo Is Authorized to Prosecute Negro Elks of That City. (Hy AsMdl4'l IW, ) PHILADELPHIA, July 17 The complete, all dolllilal returns of the election J it the grand lodge of elks, held yesterday In this city, were an nounced loilay as follows: Oraml exalted ruler -John K. Tell er or 'liarlerol, IM Krand treasurer -Kduaid l.encll, New York (.iialid eslei-rm il T. Lenklc, DouaKla ilrainl esteeineil loyal knight W. i . Ma b lei tiirlng knight Kayaril titay of l''r Oraml esleeiin'l irikford. Ind. I.ailno; knight- Jnhri l SlMJi. Hartt'irM, roim. ;r;inl n l-t r -Kr -'I. Itobiri--'n, I mjIhi'iim', Criri'l IriJMt Thirriiit Jt Mllln, SiiMr..r. V in . Thoin;iH K McNulty. (t.i IMni'tr ;fi'l M ;! 'UmU:n ' SrhfiicH r.l Vh linn. W V.i. ( ",r ,i ft'l f l"t Jfwri'-M Fnli'y. (ir.iml irtn r Ki tif H M Taylor. I ut i iik' ' Fi .,.K- (! l-i l J.iy f'.r J-;il w ;t ;Ml't il in rit "I ii ' ;t rul rnt ;i hh ) -of thf KII, r Holutl'iti fi i.lr.i t.. i-MfthiiHh a H n Jinn- I i A f :fllil'n minifi'- t Hrvlw, wayi , i.r-i iiti- fiiilflflc iif"ri ni iI'mim A H(itK-( uen I ih. f"T th uppolnl tnt-nt ,1 ii i itrei-H llrte (I I lhe I zed I' nmit't'' en r with coti' prevent th' In lind mm ;tns (he ernlili in Mi-mphi-i 1'idg pr'is-i nil th- win negro auMior lOlks of that I'y In "ii" c .nnei H'.ti a resolu tion was iaste,l re.rimanillng the Newaik. X J. lodK- for electing a man said to be i retro A further measure I net r nets the Krand ruler tu order Ihe .Newark lodge lo InTestlgate. ihe man's anieeed" nt. and If It be found that he I of nirro extraction lo expunge hi iiany from the rolls. The most spectacular feature of the day's events were the massed band parade. In which Ihe visitinji musical organisations played under one lead er as they marched through thn court of honor, and the competitive drills by marching clubs of different organi zation. The Toledo. Ohio Cherry Pickers and the Detroit Turkish Zou avea.or Oriental Cadet, were the aura in thla event The tig parade will take place tomorrow. 1 SPECIAL GRAND JURY ADJOURNS HOANOK1C, Va , July 17 The spe cial grand Jury ordered by Judge. John W. Woods of the eoi'tHiratjon court to InvestigHte the Hot Inn of Inst Huturdity night when H mob smashed all the (Ireek restaurnats In town, adjourned after finding twenty Indictments. The Jury will meet again on Wednesday of next week. Heveral score of witnesses were heard, Thirteen of those indicted have been iirrestea, us follows; Hubert Crawford. J, V. t,eter, fttih- erl Hell, tleorgn Phillips, II, K. Her gendahl, Thomas Divers, J. ('. l'urketl, James Taylor. Charles Clisftln. Henry HI one. William Holcnnib, J. VV. Moore, and James Ferguson. I-asl ulghl In tho meeting of Ihe board of aldermen when Mayor Cutch Ins requested that the matter of (lnn.ll i lal damages b at once settled. Ihn matter m referred to tho financial coiniultlee and prompt action wlllibu taken by that committed to make Just reparation for damages sustained by tho Greeks. BOB KNOCKED OUT IN SECOND ROUND (Hjr Amnclataril Piwm.) l'Hlt,AIfcn,PIIA. p., July 17. Jnck Johnson stopped "Hob" Fttislm moiM In lhi.-e.cond mum! of a six round boxing bout before thn WssH- -rrtffan'imi-friiii! ciub totiit; 'ii slmmons did not ahnw a trsca nf hi former prowes nnd II Is probable thnt jonnsou count nnvs stopped him In the opening round If he had tuud tu do so. Iteferen Keennu refused lo gel In the ring because lie hud hoard thai Pttr.slmmoiiH had a badly sprained arm 'Jhe manager or Ihn club then entered thn ring and watched tli un even match. INTENSE INTEREST FELT IN RALEIGH KmvIhI lo TIhi lllw n. ftALKKllt. July l7.-Aftor a h- l'H Of l"Kl mntfrVlH IXtPJIfJInK ull throiiKh tho liiy hiuI until Into In thn vninK Im th Krnfattonnl nm rttrl m-i we-, th- HtHtr nnd thf Km- prnl fiMtrti Involving punishment for vlolui lun of t h Htfitw rallwny rai" Ihw, (hi iitfn(nnt, HMithrn UmII wy tVirnpHtiy, nnd imtnoh, Agrrit T fJrfcn, w'r tUwiml to mitkc l'-n iim to guilt. In Dm IniiMUHR'1 "f rMiriHcl (r l h d'f-iiM th'1 ih'fml- m n I m "ntood tit ut iiiithr thn ilrrti in HtHnci'M," it rid :tn ord'T was ntrfl thfil ImhiIhk "f rvi'lciii-'' an to K'ft'f Ih (fin tomorrow mo in I iik at ten Vioik. It Is itudcrKf ootf l hat JiidKft I'rllch rd. of tho 1'iiltctl SfHli'H 'rrult 'onrt, I on hl way to U.ilclKh frton AhIu'vIIW- and will takt; a hand In th.i cuitlirt tomorrow What that will Im rfinulriM to ht- P''n, hut It t- tn IIimH lhai it will ho mo Ml prolm- 1 v to tak In mo iik- way t h- wly of th" itrlwoK'r on the ground I hat t h who If rnal ti-r 1m t h-oic In IiIk court and ihal tin- procf-fdlriK in Km Ht :i i rout I at ( hlM HtaK- of I ho itMtjfiK of tho cont ll tit umaht y oJ th rale art turn no t.mdlnK. fndufi TbI 'nMly. Karl, in tho day tht ic h. Ihk an ex im t at i'-ii that H writ W'Oi Itl Im brought hr- from Judg' I'rii' hard dirrftinK tti- t-hcrtfl to frod'iii Hp-pri?n-r, ' ii -n. in Iih cuirt. J U'lK" lying him.ulf to.k. th ti-.iody o Hie . i . (Continued on Pho Four.) STEAMER A TOTAL AND PASSENGERS ARE SAVED KAVAXXAII. til . July 17 The steamship Alleghany, Captain Free man, Mctchanla and Miners' Trans portation company. Uiuml for Phila delphia from Havannah. was destroyed by lire two miles off Tyljee Island at 1ft o'clock tonight. All of her 32 pas sengers and her crow were saved, but the ship, her cargo ami all baggage on board, Is a total loss. Fire was discovered amidships wllh in two houra after thn steamer left her dock, tha engineers, boilermen and firemen being driven from thctr work by a biaat nt smoke. . la thla crippled condition, the Alleghany began to drift, her course being toward the Dismissed Yesterday to Police Court, Are Arrested Again. x NO CONTINUANCE WILL LIKELY BE GRANTED Judge Prltchard Now In Raleigh Can kotAfford ; Them Relief. Ulseharncd by pnyua court ysstor day 'mornlnc ' bsouuse tho , warrant ehuiiflnit them as railway nfrtcdal with elmrelnir more thutt HU renls a mlln' for tleknts il'Uji dlsmtHMAd ftv th Amirt Mr. J. 11. Wood, district passenger sitont of thn Houthero, aud Mr. O. C. XV'llson, Ha depot UikMtaaiint, war r-arrstd laat evehlim thidnr a war rant nt the ml'ie court and Mnt last, night as M'tunl prlsonora of lHipiit Hlierlff Chnrlt a P. W'lllliima at tho Ho-, tol Hprkidpy. , ! Mr. Wood ami Mr. Wilson will W Irled In polles eourt this mornlnit promptly at Ulna o'clock, , They would, not give 'hall last night vm if It had horn au epted, thy will.' not phjt .; flno 'lf lonvli tnd thla morning. f Th only ultwruiitlvs will , Imi for ' Judge' (ipoura Iteynnlda to senlnco thora ito tt roadannij a Ibwa in no court near enough .to grant rh today, thtty' tniw of thorn a if alderman of Asho v I ll must then actually b takan to the eonvh't ramp heisuso they will not i'prtal, No III Itfls were sold for tha train to Hpnrtunlmric No. 3. luat 'night b-' eause of Mr Wllnon's rtstnntion and Imihlllly to llnd a auhslltul In lima and nfllcinhr nt Ihn depot told passon-' gers to liosrd tho train and pay on; board, ' ' Tills Is tho third sensation In tha tiillway riito mnttnr In three day ta-: sue of Tho Cltlaen. ' ' V ' t Therp wna mm'b Infrat manifest-1 nd on th streets yesterday morning hfeauso Mr. Wood and Mr, It. H. ' tlruham, rlty ticket agsnt, who bad bn arralgnod tho day before ware, duo for trlnl in police court at noon and tho writ of habeas corptli laaued hy Judge I'rltchiird the afternoon be- lorn reciun ed Chief Colllna to preaent the defuiidanla liefnro lilm during the morning and n clnah of rourta was coiilldenlly upwind. Borne were amused berauss thuy aald the police court hud lost hy continuing the caaea jiml thus allowing Colonel Hodman, r Ihn Koulhern's dlvlslmi counsel, to get " here and rupiurii tho defendants from the chief of police bofore police court old Iry them, no ono dnylng tha prui'tli'Hl power ot Jungs rniunaru e court lo liise thn prlsonera from tha . chief us ii ministerial officer, Iteynolds 1 Unity. ., ... U. . II ... T..ll,. Hienrs l'.'ynolds mot t'olonwl ltod fiiitn'H ni'ivi'. Tho oh en were dismiss ed, i I'll d to nisi; there were no prle oners f..i the chief to tnke to Judge I'rllchiinl. HolMlor Murk W. Hrown otel f 'nrporutlon fViunael If. B. Car ler prepared 'he return of the chief and ill Inso Judge 1'rltchiird conven ed court Holieltor Brown slated to Hi,- e.Mii't f lj.it he hud been Instructed hy fjcivernor ;ienn to riuitest tho writ I mid t'i re. lire ennlinuiinco but the i-iises Ii.mI In en dlfonl'ised. Ho then irind lhe return winch was suhstan ' ilnllv this: ' Thai at Ihe llmo said writ of he- hcni i 'irpui served upon rcspond jinl. he did Iihvo thn said J. 11, I In eii.-i.n'.v, and did not then ;nd there il' i no or restrain s.ild J, ' M U'..'id ..I hi liberty; that said J. If. : Wi.ihI in. i- not then and there under' 1 arrest, but could go wheresoever he old. . ' (Continued on laftA (') t LOSS; CREW r. The Mrt cry of fire sent several aa citabie paseiigt rs to tho ralla and tha members of the i row prevented a number from Jumping overboard In a mad desire to leave the burning ves sel After the first fw minutes order was ret"ied and in the ahlp'a boaU and In boats sent out from Fort Scre ven, manned by euldlera, every per son was brought i ashore. Captain Freeman and Ave other officer were the last tit h'ave the AUleghany ami seemed to be coming from a atieef 6f ' flame. All of the persona saved front ( the veanel were tirought back to 8a v annah on a government dredge, !eav ' trig the hull of the steamer at 111 burn lng , ,,