- .v-: '.;;v-v: - f :::. i-' ' ,-.vi vv' '') "'f;;:: ' ii-j : !' !"'-' -'V' THE THE WEATHEE: 1 CLOUDY. . A Citiaen For Rent Ad Will Rent That Vacant Room. VOL. XXV, NO. 94. ASHEVILLE ,N. C, FRIDAY MORNING, JANUARY 22, 1909. PRICK FIVE CENTS. DISCRIMINATION CHARGES HEARD BY ALDERMANIC InTennessee mm "DRY" SOLDIERS HEAVY EXPENSE TO GOVERNMENT ; COMMITTEE YESTERDAY R. R. OFFICIALS CLAIM LOW RATE CONFISCATORY Delegation Tells Gov. Kiteh in That Trial Kate Has Proved a Failure. IMany Physicians Testify on Matter jnvtlvirig The Mission Hospital. FAVORITISM ' WAS ALLEGED !Dr. Fletcher, Chief of Staff, and Others, Called to t the Stand. .Appointed by the board of alder Wen to consider the charge which Al- ' derman Glenn aald had come to him, that the Mission Hospital had discrim inated among physician, the increas ed city appropriation being held up until report should be made on Oils', a committee of Mayor Campbell and Al dermen Glenn, Francis and Westall yesterday morning heard evidence and argument on the question of the Just ness of the rules and regulations gov erning the conduct of the hospital particularly on the points that the management favored the 12 staff phyj slctana, by giving them the choice or rooma and that no one except these start physicians were allowed to attend patients' In the wards or those occu pying rooms tor which the charge was IS or 7 per week, but only those of thc)r patients who occupied rooms for which the charge was 110 per week and upward. Physicians Testify. A number of physicians were sum moned as witnesses. Dr. 8. Westray Battle. Dr. Dan Sevier, Dr. E. B. Glenn, nr. Q. W. Purefoy, Dr. J. T. Bevler, Dr. W,P. Whlttlngton, Dr. H. B. Weaver, Dr. H. M. Fletcher, Dr. Arthur Prltchard, and Haywood Par ker appeared as representative of the advisory board of the hospital. The mayor stated what had been said to the aldermen and Alderman Frasier Glenn called Dr. Purefoy to the stand. Dr. Purefoy said that there had been a feeling for 20 years that he was an enemy of the hospital, but this was not true because although he had been Imposed on he had no feeling against th hospital. It wa true, how ever, he said, that a patient he had put in the hospital had "been told by . Miaa lxton,Jthe head nurse, that he ought to-he.ro DiCFletcVe'f'aa his phy sician. The Staff, he said, was self- perpetuetlng, because Its members se lected their successors, the managers electing only those they approved. The public fund was not expended without discrimination, because pa- tlentsof other doctors were required to pay more than those of stall phy sicians and desirable rooms were held for staff doctors and patients had gone to other hospitals because of this. If there was rotation in the staff physicians would feel more at home In the hospital. The city should have representation In the management and Alderman Francis said he thought so. He told Dr. Fletcher he had never had a charity patient denied admis sion and that so far as he knew the rules were applied equally to all char ity patients. Want Charity Patients. Dr. Fletcher, chief of staff, said that It seemed a case of scramble for the charity work which was involved. Nineteen or twenty charity cases were mere drudgery but the twentieth was Interesting and the only privilege of the staff was to treat the nineteen pa tients and get the Interesting case. Dr. Fletcher said that a staff was nec essary to every hospital and that while It was a courtesy to the staff to ask Its members about its composition the managers could elect whom they wished. The hospital, he said, was In corporated and would be liable for improper treatment and there were licensed physicians who were not fit to attend patients. There was. he said, no great privilege In being on the staff, Drs. Bevler. Ambler and Prltch ard having declined places on It. and as a matter of fact the management had not always put on doctors recom mended by the staff. Of course, he said, there might be some favoritism shown by some of nurses to some doctors but It was hard to prevent this in any line. f S and $7 Rooms. It developed by the questions of Mr. Francis and Mr. Westall that patients (Continued en page five.) NAVY APPROPRIATION BILL IS CONSIDERED BY REPRESENTATIVES (By Associated Press.) WASHINGTON, Jan. tl. When consideration of the navy appropria- j tlon bill was resumea in, me u"ut of representatives today the provision appropriating J 150,000 for completing j the marine barracks at the Bremerton j . , ., !, 1 navy yard. Washington, was stricken out on a point of order by Mi. ntx-,..yon gerald of New York. tne coming year." An extended debate arose over th9 Holding op a list of powder corn passage In the bill relating' to the ex- panics, Mr. Gaines charged that not penditures-for construction and repair ( one of them had been given a con of vessels. Replying to Mr. Hepburn tract. (Iowa), Mr. Tawney (Minn.) declared! he had Information tending to prove, that the deterioration In the machia-1 ery or war vessels was due to the In- efficiency of those placed In charge of It. Mr. Hepburn replied that ai ' thoofclr' cadets at ' Annapolis' grad ' vated- as officer "especially skilled In ' the khowledgs of machinery,- their services were not used la that tapac-j DIVORCE BILL IS SUBJECT OF HOUSE DEBATE Speaker Graham's Substi tute Referred to the J u dieiary Committee. THIS BILL REPEALS ENTIRE ACT OF 1907 Bill to-Amend Charter of Citizens' Trust and Sav ings Bank Introduced. - (Special to The Citizen.) RALEIGH, N. C, Jan. 21. A sharp tiebale in the house on the di vorce bill was ended by a decisive vote to" refer the substitute by Speak er Graham repealing entirely, tne 1907 act to the Judiciary committee No. 2. Tho bill introduced the other day amends the present law so as to al law dlvo cq even If there- are chil dren, provided they are over twenty one. Th it wag favorabley recom mended by the committee, but the speaker fought It, objecting yester day to it irolng ti tha third reading, and today he offered the substitute repealing the act of 1907 entire. This was adopted by an "aye" and "no vote of 57 to 24, and the fight today was whether or not the bill as sub stituted should go back to the com mlttee before final action by the house- Doughton. Murphy. Kitchln, Hayes and Moore are all urged as refer- ences against tbo opposition of Speaker Graham and Mr. Currle. When- .(hat- matte was a Isposed of jur. (Utcnm introduced a uui to pat man and wife on equal footing be fore the law on the question of di vorce- The house voted out another tax exemption clause, this time in a bill for a bond issue in the town of Mar shall. Several Interesting new bills In the house were Gordon, to .protect laun ilrymen by establishing a lien upon wearing apparel. Public ntiturlcs. To estab'lsh a library commission to run the public library business all over the stxte, calling for an appro priation of $1,500, the commission to consist of the superintendent of pub-, lie instruction, state librarian, two other persons appointed by the North Carolina Library association and one other appointed by the governor, without compensation, but may em ploy a secretary not a member of the commission, the commission to give assistance and advice to all li braries in ire state and all communi ties propoMt g to establish libraries, and every public library to make an nual reports to the commission. By Mr. Butler, lo allow two years In which to bring actions against tel egraph companies By Speaker Graham, to expedite the trial of capital cases and reduce the cost b allowing courts to sum mon a special venire from any coun ty In the anme or adjoining district. By Semtor Brltt, to amend the charter of the Citizen's Trust and Savings banks, Ashevllle. Ry Lon. of Iredell, to prohibit "franks" by telephone companies- FIFTEEN AGED MEN BURNED (By Associated Press.) CAN FIELD. Ohio, Jan. 21. Fire of an unknown origin this afternoon destroyed the men's building of the Mahoning county Infirmary here, and fifteen of the aged Inmates received burns, more or less serious. The loss is 130,000. ity. such duties being shouldered on warrant officers. The old controversy over the powder purchases for the nawy was r4.vlved In the house today, Mr. Gillespie (Tex.) urged that the sovernment make all Its powder. Mr. Fobs (Ind.) warned the house Jf amendmfnt wer( d vou not j., pow(i,.r forjTUmaB Mr. Hitchcock succeeded In getting the appropriation of J6,t)00 for doubling the output of the govern- ment powder plant at Indian Head, Md. upon tne adoption of amendments by Mr. Bhlrtejr Axing Ui price of pwwden the than fot smalt arms. it 4 tenta. ttr Wirwm laid aeida for the flay and tbslrouM adjourned VC, GOV f SENATE VOTES $9000 SALARY TO 29JUDGES By Close Vote Upper House Passes Another Part of Appropriation Bill. BILL PRECIPITATED ANIMATED DEBATE Mr, Rayner Would Increase Salaries of 84 Federal Judges to $8,000, (By Associated Press.) WASHINGTON, Jan. 21. Consid eration of proposed Increases of sal aries of federal Judges was resumed by the senate today when the execu tive, legislative und Judicial appro priation bill was taken up. By a vote of 38 to 31 the salaries of 29 circuit Judges were Increased from $7,000 to $9,000. Senator Bailey declured that states that pay the highest salaries to Judges generally have the poorest decisions. That state," he said, "which; pays the highest salaries to It Judges gen erally furnishes reports on which yon can find something on both sides of every question which Is raised." Senator Piles Insisted that the judges of the country could earn much more than they do, and that $50,000 could readily be earned by some district Judges. Combatting the Idea that $50,000 Is a salary within the reach of mosM lawyers. Senator Bailey declared that Daniel Webster could not have made that much money. He said that much depended In that matter on a law yer's place of residence. Mr. Rayner then made a plea for Increased salaries for Judges of the federal courts, the amendment under consideration being to Increase the compensation of 84 district Judges from $,000 to $8,000. He declared that the federal Judges would be better when their appointment Is taken away from the I'nlted Btates, and Insisted that under the constitu tion It has a right to take the ap pointment of circuit and district Judges from the president and place It in the hands of the supreme court of the Tnlted States. Mr, Rayner declared that the pres ident does not go to the leaders of the bar or to bar associations to gst sug geatlons for the appointment of Judges. "No." said Mr. Falley, "he goes to the corporations, as a rule, for re commendations." Mr. Tillman, In a rasping voice, suggested that some of the judges are on the payrolls of corporations, while they draw thertr salaries at Judges. Br., Bailey said, he was sure Mr. Tillman would wish to recall that charge. "I simply hsve the suspicion,' and I will not withdraw It," said Mr. Mr. Bailey, disavowing any sym pathy with the statement of Mr.'Till man. aald he had noticed that the cor porations for 20 years had been ex tremely active In the appointment of federal Judges." The action of the senate In fixing the. salaries of federal circuit judges at $10,000 was reconsidered and re duced to $9,000. which represents an Increase .of 12,000, the compensation or federal strlrt judges being In emae -from $. to l.M0. ) Final 'consideration of tho hill was postponed itmtil' tomorrow.- . . 'N.-"" . (I nil., i t'f nsawwM lkw H I I 1 i SI fW WiJ I J -B. W ..1 V 1 ..1 -w. 'uU 111"! AVAM 9aVjrVLLitfar, ThefWater Cure. SIX JURORS CHOSEN IN COOPER TRIAL Delay Causes Distinct Dis appointment to Court and Both Attorneys. (By : Associated Press.) NA9HVIIAE, Tenn., Jan. 21. The second day 1 tithe effort to secure a jury in the trial of l ol. Duncan B. Cooper, his soil Itobin Cooper and former Sheriff John D. Sharps, charged with, flh murder of '.former Senator Carmack, closed, with only six men la the fcox, a tain of but two over ihe. day br Tn.re .dt.-4Tw of Jr Jay Urn disappointment not only to the, .wwy. ynct disappointment, court, but "to the attorneys on both sldea The delay Is attributed to two causes. ' One Is that It happened that most Of those examined today are residents of Nashville or vicinity, where the ae has been fully dis cussed, and where most of the peo ple have tuken aide. The other reason Is that few men' are willing' to serve upon a Jury which Is called upon to dcelile a case in which the feeling is so intense. It is difficult to find men who do not know some of the defendants, especially John I. gharpe. who was sheriff of this tounty for four years, and who thun was thrown Into con tact with most of the citizen Coop er, senior, in", has been In politics for years. In ilte of the bitter feel ing between the two factions, there Is apparentl the best of feeling be tween the attorneys. There has not been the simplest dispute so fur, anil during recesy-s or between sessions counsel on t -t h sides mingle freely. Unlike the iiitU rider trials at I'nion City, only I f miles away, there is no display of weapons. Kvjn the deputy sherliis on duty are unarmed and laugh iti t 1 K of trouble. J. Hartnesc. one of the talesmen' examined. win-n asked If he bail any prejudice ax.-'im the defendants, if art led the court exclaiming in a loud voice: "Yen. s,r. They ought to h' been hang -d ng ago." When the i called, a ! i Just celi-bra . me of A. J. rjoft ty said: "Mr ("lotto his one hundredth birthday yen; "I presiirm marked th. the young m When com t used seven lenges ami tl; nlay. and " he Is not over It yet," re- n rt. "We will ixctise in" .djoiirncd the state hail ts 11 peremptory i hal defense 1 1 of lt ;2. PRIVATE DETECTIVES DISPENSED WITH (By Associated Press.) WASHINGTON. Jan. 21 The siy vices of Hro.w and Baldwin, the pri vate detectiv. who were paid $15,000 for their wori- In following up the members of t discharged Twenty-' fifth infantry and securing a ' 'confes sion" from P.o d Conyers, one of the number, haw oeen dispensed with. The war rti rtment has not aban doned its efforts to secure evidence as to the Idem ty of the men who did the shootimr. tut has praetballv de cided that novate detectives have accomplished all that can be exjierted of them. WASHINGTON. - Jan. Jl. Pore- east:' Worth rarolina Partly . cloudy Friday awl tulurday; light -i variable NO CLEMENCY IS ASKED SAYS PRES. GOMPERS Together With Mitchell and Mormon He Attacks the Court's Decision. ARTICLE IN ISSUE OF FE DEB ATIONIST Be Hold in Additional Contempt of Court. (By Associates' Prsss.) WASHINGTON, Jan. 21 "We have not asMed and will not ask for clemency, and we hope our friends will not urge us to pursue such a course- Iviving liberty as free men do as we do It cannot be difficult to appreciate what incarceration In prison would mean to us. To ask pardon w mid render useless all the trial and sacrifice which our men of labor and our friends In all walks of life have endured, that the rights and liberties o.' our people might be re stored. Htx h a pardon would on ly leave th whole case In confusion ami It would have to be fought over again from the beginning." This Is some of the language used by Messrs. (Jompen, Mitchell and Morrison In the current number of The Kedo -utlonist, in formal protest against th union of Justice Wright In sentencing them to Imprisonment for contempt of court In the Ducks Stove anil Range inse, December tl. Samuel Comper-i beads his state ment "Judge Wright's Denial of Kree Speech and free Cress." and he de dares: "W will not 'bate a single word nor : ike a letter back " Attacks tourt. Mr. (loir.ners r firs to the "Intern perat and "Indlelilva spirit displayed by the Justice und to this triad; of Judicial alii'K. and misrepresentation" In a separate statement, but he Joins iellh Messrs- Mitchell and Morrison In declaring that tloy "would not en ter Into com pi t It Ion with the honor nble coii-t in the use of Invei lives, rancor or scathing denunciation" and thut thev should protest "agalirvt the court's unprecedented and unwar ranted fbig' llation i ' the cause und of the pco le i- have the honor lo reprcsen'." That the trio of labor leadens fully i:nderHtand the risiajnsibllitv they an--uirie In making tbi-lr statement Is shonn by their declaration that even though they may be held In addi tional contempt, "we are willing to accept the consequence. It may be necessary to the preservation of the liberties of flu- people thut a Judge should he disobeyed.- Judges some times usurp power and become tyr ants. Disobedience to a tyrant is obedience to law " JURORS DISAGREE IN SHELLARD CASE I By Associated stress.! NEW YORK, Jan. II. After six hours deliberation the Jury In the case of David H. Sheltard, a former Brook lyn policeman, charged aitaj the mur der of Barbara Kelg, reported that It was Impossible to reach a verdict and at o'clock tonight Justice Crane dis charged the Jurors. The defendant was recommitted to Jail. The conviction of Sheltard for first degree murder, which Involve the death penalty, was made Impossible today when Justice Crane, on motion of the defendant's counsel, ruled that th prosecution had failed to show premeditation, and Instructed the Jury that it could convict for seeond degree murder or aaanalaughur only. :r WANT RELIEF OF PRESENT SESSION Governor Takes Matter Un der Advisement for Ten Days. Discussiou. (tpselal te The Cttlten.) RALBluW, Jan. 21 The presl- dents and other high officials of the Southern, A, C. I,. 8. A. U, N. 8. and other eaHroads doing business In North Carolina, tal before Governor Kitchln today the situation as they see it In the matter of the North Carolina aafnKr rate that stirred such sens-iHon a 'year ago, outlining a course that th'ty desire the present legislature to pursue In making It poslble for the railroads to be reliev ed of confiscatory rates In th event at the nd of the probation year, April 1 next, It shall appear on Inves tigation th.it the compromise rates of X and 1H cent are confiscatory. There was a long drawn out discus slon of th situation, after which Gov ernor Kltehln agreed to take th matter under advlstment for ten days, wh-n thesn railroad officials wHt retart to Raleigh and! hear the and hi. ad.,iM i" further action. ' In th. rtl...l. .ll..4 I flolals wei President. Emerson, of!'U,f ,h t','n f" ,?f ctT,tM"' tne A. rr. i, t irininu rt ik anh.. Johnson, of the N. A W.j Mr. tlar- rett, chief executive of the H. A. U; Receiver Fltsgerald. of the N. ft a and other. . They Cilled attention to the fact that they had agreed with Governor Qlenn In effecting the famous com promise that the present rate should go ' Into effont for oiw year from April 1st, ltoi. That Governor Qlenn had greed to i recommend to the legis lature that a bill t passed authoris ing the corporation commission to eoasldeit thai effect of these te at the eiplrutlon of the trial period and gle-ellef In. aso the rule -should prove 4 unreasonably low, and that Governor Glenn hud made this rc-ommenda-lon to the special eeeslun, which had failed to mirVe the desir ed arrangement. i However, the railroad companies. these officials explained, had gone ahead and put into eeffct the com promise rati! rather than throw any obstacle In the way of an amicable settlement of the rate trouble as It then existed, simply putting the rates Into effect for tho trial period and rusting; 1 the present legislature to provide relief If it should pe shown be needed. Kate Confiscatory, The railroad officials contended to Governor Kitchln that the result of he trial hud thus far been disastrous to their revenue and expressed the wish for the governor and other of ficial to "xamlne Into the merit of their contention and suggest some pproprlate method of procedure. They urged that they ! not left for two more wars without oppor- unlty for any relief In the evctn they establish Inlustlcn of present rates at nd of th.' trial period- Borne ma chinery should he arranged since he corpo'jtlon commission has not now power to net The rullroitd peo ple Insist? I that this conference was purely to secure co-operation and friendly support from the state In an flort to (ondui-t the properties In he InterfHt of the public us well as h owners. I'artlcjpitlng with the governor In the discussion on the part of the tale were Attorney General Bb-k'tt, peaker Or.'thum, of the house of rep resentatives, anil K nutor Manning on the part-of the si-nate- Governor K 1 1 h I tl says thut In re plying to the Htnlement of the rml oad presioVrM that the i-oinrroinii" rates were niiri-Miimi-rallvi- iiml wnnt Ing legists J.in nt this tlim- In- nliileil that he hail ".'M lo bis Inn muni I tdress t'lHt there would In- proba bly no agitation for i-biume of pas senger farm during bis uilmtnwtru- tlon, that the peop" wn- not expect ing such agitation, that he could not nconrage any prm-edure. but hoped the railroads would try the rules dur- Ing a normal .v-if, when no panic onditlons pr-vul"d. that ho had no Information to Justify him In BUKKeat- (Continued on page four.) MAYOR M'CLELLAN ABUSE ATTACHED TO OFFICE (By Associated Press.) NEW YORK, Jan. 21. Mayor Mc- Olellan was culled today as a witness before the legislative committee hlch. under the guidance of former Senator Cassldy as It chairman, Is Investigating New York city's finances. Replying to question about munic ipal ownership of public utilities, Mayor McC'lellan said: There Is a general socialistic ten dency abroad In th country, and It requires all the backbone of the gov ernment to resist the pressure." In answer to question. Mayor Me- Ctellan said there ought to be fewer dty department, no mora than eight Taboo of Canteen Given as Cause of Wholesale De sertion From Army. ARMY UNANIMOUS FOR RESTORATION , Objections of Temperance Workers Only; Prevention of its Reinstatement. 1 Mr TAV. (Special Correspondent of Ths Cltlgen) WABHINOTON, Jan. IJ."Olv us , back th cantesn." i s . From private to major-general tfht UntteA 8tti army Is making this request as If wltli ens voice, flo em photic lit the entreaty congrsse would restore the canteen liwtanter were It ;' not for the ever-watchful eye of the- women tempwranee worker. Insertions from the army am In- creasing at such a rate the war dt- pnrtment has resorted within the last month' to : printing; proclamations. There Is about 12110,00(1 offered re wards . for the capture of deserters, fi0 being allowed for Information, that will enable th government to capture each runaway. These proc lamations carry the deserter'! picture,: side and full face views, also a de scription, making the whole v sheet Hk the , Bertllllon feport upon a criminal '' 'Army officers are united In the be-. for th ', Army and navy Journal art advocat ing congress rtamt1WVMntsMs. Representative Ilartholdt of Missouri, who looka after the saloon and brew ery Interest In congress, I th fath er of a Mil providing for Its rt-estab-llshment. Th frlendt of the canteen are amaselna; strength quietly, but It requires a strong congressional heart to deliberately step out In the open at a target for thousand of blue rib -bon orators, Condition are not just like they ud to be In this respiwi. Tha time ha passed when a member of congress niay argue against pro. Alb!HloJilAftut finding Itfard ji? win ine roi lowing election, ., . "The antl-cflnteen law ought to be repealed," says MaJ.-Oen. Frederic D, Grant, "but the prospects of eon- . gress doing anything right away ar not very encouraging, Politicians do not is re to antagonlx th extreme , prohibition sentiment. Congress eeea, I think. It ha mad a mistake, but It Is a hard thing to go back now." ' - Col. Bilua F. Stewart, a retired army I officer, who Is a prohibitionist in all matters excepting th canteen, tie- j Clares with the rest of the canteen -forces that tho taking away of the canteen is practically wholly respon sible for the Increased number of de- sertfon. lie say the number of -. young men who have run away from duty Is so uppalllnt ths government hi'sltntes to mall public the flgurea. Desertion On Intriw, i "The abolition of the canteen la re sponsible," he avers. "The men Mm- ply won't remain at th posts. . Thi" Inst congress raised their pay to hold" them, but It failed. The desertions, have kept on Increasing until now ' they are appalling. There I no army In the world, and there never was one, so blxhlv paid, s well fed or belter clot lied, mid yet we cannot hold men In It No urmy has ever offered better Inducements m the way of pro. motion, yet the men are dissatisfied and desert. "Desertions began the day the can teen was abolished. The men did not Intend to desert, but they got to ' town with their month's pay In their poi ki ts, hncame Intoxicated, over stioed their leieve and then were nfruld to come hack for fear of pun ishment. The longer they remained iirtay rbe lonKer they had to. "Frankly life at nn army post now Is a druilKc. We will never stop de sertions null! we restore the. eflnti-en. We run double the pay. and the eol diers will not rerr;-i!n. "'i- were toM th.it wo might keep tin isnteen i. pen for the sale of oft drinks. Th.-it nun of no avail. "The desertion of a soldier means a resl nwnetsry loss to the govern ment of shout t.'iD. that being tho viiliie of Iim lothlng and full kit. HI arms nre not lost After the soldier has been dei l.-ired a deserter, hi ef fects ;ii" put up at auction at tho (Contlnusd en page two.) TELLS OF or ten. with greater pay for the feweo head. '1 think at the present time I hav the finest men that could be se cured," Mayor McCleltan said. "Ther was a suggestion In the paper th other day mentioning the president of the United Mate a my successor. The friend or enemy Who Inspired It declared that Mr. Roosevelt wool hare Tafts and Root la their city de partment. It Is out of th question. In th cabinet ther 1 great fcooor. To be the head Of a ity department mean snllmlted criticism. Intolerant . abuee, no thankr or praise,"