North Carolina Newspapers

THE 'ASHEMLLE CITIZEN m THE WEATHER CLOUDY. kWa DaJly,' Par 1 January . v VOL. XXV. NOJV, ASHEVILLE, N. C, TUESDAY MORNING, FEBRUARY 9, 1909. 'PRICE FIVE CENTS. , President is winning in Ms EFFORTS TO DEFEAT UovtifAr. Haskell DIFFICULT TO SELECT JURY IN GARMACK CASE BOND BILL AND i TRUST BUSTER UP TO SOLONS ALL ANTI-JAP LEGISLATION Declares that Administra tion is Doing What States Want Done. NO SETTLEMENT IN EITHER COUNTRY Orientals Going Back to Ja pan in Numbers Under the Plan. to combine the maximum of ef- flrtency In achieving the real ob- Ject which the people of the Pa- ' clflo slope have at heart, with the minimum of friction and trouble. , while the misguided 4 men who advocate such artlon a this against which I protest ' are:T allowing a policy which combines the wry minimum of efficiency with 'the maximum of Instil., and which, whtje totally 4i falling to achieve any real re- V Suit for good, yet might accom- pllsh. an Infinity of harm." ey In this language Breeldent Roose velt today In a long telegram to Speaker I. Ac Stanton of the Call foinia assembly set forth the govern ment' view of the anti-Japanese school' legislation now before that body. The president stated that the bill gives just and grave cause for irritation and that the government would be obliged immediately to take teflon In the federal courts to-test such, legislation, because It is 4eld to be clearly violation of the treaty obligations of the United States. The telegram to Speaker Stanton was,ent only after- a conference witn uenator Mint and Representative Kahn, of California end F. K. Lane, ql the in state commerce commission Provides for EarlnstoB. To Speaker Stanton the president sat th folkywwtr: ''tM, "1- tmat there will beTio mlsunder standing of the federal government's attitude. ' We - are Jealously, endeav tiring; to guard the Intereeir of Call fornla and of the entire Wast In ac cordance with the desires of our wes tern, people. By friendly agreement w'itif-Japan we are now carrying out a policy which while meeting the in terests and desires of the Pacific slope U ye compatible not merely with mu tual elf respect, but with mutual es teem and admiration between the Americans and Japanese. 'The' Japanese government Is loy ally and In good faith doing its part to carry out this policy precisely as the American government is doing. 1hta policy alms at mutuality of obli gation and behavior, in accordance with it the purpose, is that the Jap anese-shall come here exactly as Americans go to Japanese which is in effect that travelers, students, persons engaged In International business, men won sojourn for pleasure or study, and the like, shell have the freest access from one country to the other, and shall be sure of the best treatment, but that here shall be no settlement in mas by the people of either coun try' in the other. Jap Going Home. ' ' During the last six months under this- polley more Japanese have left the country than have come In it. and the total number in the United States ha diminished by over two thousand, these figures are absolutely accurate and cannot be impeached- In other words. If the present policy Is ennsist rntly followed and works as well in the future as it is now working, all difficulties and causes of friction will disappear, while at the same time each nation will retain Its self-respect an the good will of the other. But such a Mil as this school bill ac complishes literally nothing whatever, in the line of the object aimed at, and gives just and grave cause for M(Btl.tf whllA in nririitinn the T'nit- ed-fltates government would be obliged SENATE COMMITTEE TO SIMPLIFY (Special to the Citixen.) RALEIGH. N. C Feb. 8 The sen ate committee, on railroads hekl aft ernoon and night sessions to hear representatives of the railroads against the Barrlnger bill to prohibit tbs regulations Imposed by the com panlea In issuing mileage books that thees be presented to agents for the Issuing of mileage tickets Instead of UlO actual mileage slip being pulled by the conductor aa was the coj prior tp the application of the rate compro tnlss. Senator Barrlnger alone ap peared in advocacy of the bill. Against H were Passenger TrafTic Manager Hard wick and Vice President 'Acttert of the Southern Railway, Oencral Passenger Agent C B. Ryan Of Ota Seaboard Air Line, Oeo. B. El liott and W. J. Craig of the Atlantic Oast Line, The bill waa reported unfavorable seven to three. The bur den, of the argument of the opposition was thaX- with the railroad companies It Is. porelx question of accounting gnst Instituting a checking system that wl minlmlss loses. They scorned lh Imputation that the regulation had ' free imposed as a piece of spit work Immediately to take action in the fed eral courts to test such legislation, an we hold it to be clearly a violation of the treaty. "On this point I refer you to the numerous decisions of the Ur.lt"d States supreme court In regard to state laws which violates treaty obligations of the United States. The legislation would accomplish nothing beneficial and would certainly cause some nw chief, and might cause very grave mischief, in snort, the policy of trie administration Is to combine the max Imum of efficiency in achieving the real object which the people of the Pacific slope have at heart, with the minimum of friction and trouble while the misguided men who advo' cate such action as this against which 1 protest are following a policy which combines the very minimum' of effi ciency wHh the maximum of insult, and which, while totally falling to achieve any real result for good, yet might accomplish an Infinity of harm. Plans Works Well. "If in the next yar or two the na tion of the federal government falls to achieve what It Is now achieving, then through the further action of the president and congress it can be made entirely efficient. I am sure that sound judgment of the people of California will support ypu, Mr. Speaker, In your effort. Let me re peat that at present we are actually deling the very thing which the peo ple of California wish to be done, and to up-set the arrangement under which this is being done cannot do any good and may do great harm- If r the next year or two the figures of Immigration prove that the ar rangement which has worked- so suc cessfully during the laxt six months is no longer working successfully, then there would be ground for grievance. and for the reversal by the national government of Its presnnt policy. But at present the policy Is working well and until It works badly it would be grave misfortune to change It, and when changed It can only be changed effectively by the national govern ment. (Signed) -s, THEODORE ROOSEVELT" POSTPOXK ACTION. SACRAMENTO, Callf-..Feb. 8 On ly five senator favored agitation of the anti-Japanese question when the matter was called up, todaV by Sen ator Marc. Anthony ef San Francisco. The senate decidedly Vote of t to fi to defer until next' Thursday It action upon the report of- the com mittee on executive communications which advises against legislation aimed at the Japanese. Senator J. B. Sanford Introduced a Joint resolution asking congress to Include Japanese In the provisions of the Cleary exclu sion act. Senator Anthony's 1)111 pro viding for sti6mitting to the voters at the next state election the question oH prohibiting Asiatsic immigration was lavorably reported this morning. NEVADA GOING SLOW. U-AKHON, Nov., Feb. 8. The as sembly hill prohibiting Japanese and Chinese from acquiring lands, or act ing as corporation agents, reached the senate today. Instead of referring the measure to the federal relations committee along with the amtl-Japan Ll.v, the senate sent It to the Judiciary eommttee along with the anti-Japanese resolution. It Is almost certain that the bill will seep in this com mlttee or be reported unfavorably. RECEIVERS INSPECT SEABOARD AIR LINE (By Associated Press.) JACKSONVILLE, Fla., Feb. 8. Davles Warfield, one of the reclvcrs of the Seaboard Ulr Line railway who Is making inspection of the entire sys tem arrived here this afternoon, after having Inspected the company's prop erty at various points on the third division. Mr. Warfield and his party went to Tallahassee over the Georgia Florida and Alabama road, making stops at different points along the line, and this started rumors that his visit there was in connection with traffic contracts. When asked relative there to tonight, Mr. Wartield declined to make any statement, either to affirm or deny DECLINES . MILEAGE TICKETS to make the compromise rate unpopu lar. The system has, they Insisted been in operation for eleven years in the most populous sections of the United 8tates ami In these territories is now accepted without opposition. They explained, the detail of the pas senger mileage and ticket systems much as explained repeatedly In the newspaper publications by railroad officials in defending the system, de tailed the abuses it prevents, and out lined the vast and Intricate machinery entailed on the railroads by the In terchangeable mileage system. Senator Barrlnger spoke for the bill Insisting (hat the convience of the traveling public especially the com mercial travelers required its passage, and Insisting that it would work no hardship or loss In the railroad. H said letters poured in to him urging the necessity for the law. Mileage books had been used for many years before this regulation was injected, and he charged that it was entirety unnecessary. It was'close to mid night before the committee passed en the bill deciding to report It un favorably. :'. . :. V .' ...y-1 "'" lt I' 1 COMPEL USE OF WIRELESS ON OCEAN SHIPS President Uses Latest Sen- sation to Urge Action by Congress on Measure. NAVY'S STATIONS MAY BE EMPLOYED LNo Danger of Monopoly to Any One System in the Proposed Legislation. (By Associated Prtss.) WASHINGTON, Feb. 8. Repre sentative Burke, of Pennsylvania, au thor of the bill pending in the houeeH to require all sea-going vessels carry ing as many as fifty passengers to equip (hemselwevs with wireless teie graph apparatus, called on the presl dent today and discussed the subject with him. Mr. Burke said the presl dent favored the general principle of ths bill and believed, that the safety of humanity at sea, demanded that something be done. Later in the day the president sent a message to con gress recommending immediate legis lation requiring within reasonable 11m nation that all ocean going steam ships, carrying a considerable number oi passengers, carry efficient wireless telegraph equipment. President Roosevelt's message fol lows: "To the senate and house of repre sentatives: Your attention is Invited to recent events which have eonclus iveiy demonstrated tne great value or radio-telegraphy, popularly known wireless" telegraphy, as an Instru mentality for the preservation of life at sea, 'While the honor of the first Drac- tlcal application of the scientific man ciples involved may belong to another country, It is gratifying to know that Inventors have been' aulck to seize upon and develop the Idea, and that several systems of approved sci entific merit and commercial nrnrtl. cablllty have been put into operation In the United States. Stations Established. "Furthefhiore. throuah fh iiWai. Ity of congress and the Intelligence ana inaustry of the navy department. our Atlantic. Oulf and Pacific coasts are equipped with a chain of shore stations, designed primarily for the national defense, but capable of re ceiving and transoilttlnr meimiraa kv any of the systeni of wireless telegra phy now in general use. Even onr distant Insular territories and Alaska re so equipped. So far as our own country la con cerned, steps have thus been tvTi effectually to prevent the establish ment of a monopoly In the Drn.-tl,i use of the new applied art. 'I deem It highly desirable that the congress before adjournment should enact a law requiring within reasona ble limitations, as determined by what the government of the United States has already done and y what prudent abd progressiva ship owners have already found practicable, that all ocean going steamshica. carrvins considerable numbers of passengers on routes where wireless Installations would be pusefnl, should be required to carry efficient radio-telegraphic in sulations and competent operators. Tha subject Is now under considera tion by the congress, and I am ad vised that legislation took effect then same general parposs is- also under consideration abroad.- ; 'THEODORE ROOSEVELT." - BRITT110L0S UP iAUDlTOWIIM BILL Will Try to Amend it to"! Provide for Submission to I ' People,, 4 ' ! (Special lo The Citiscn.) RALEIQH,' Feb. 8. Senator Brttt' has had tha bill held up In the senate that proposea to authorise the alder-, ment of Aahevllle to purchase the Au dltorlum. It-, has passed and is oh the senate calendar. lit purpose la to offer an amendment! when comes up on Us final reading,1 changing ths. provisions so that the question, of purchase shall be submit ted to a vot of uis people of ths , Senator Brit trWis also prepared his bill providing for election of all jus tices of the peace for Bunromoe county by vote of the people. He will IntrodiK or two. It 'Within the next (lay LEMPS DIFFERED IN THEIR FAITH And a Few. Other Things lirli .Make a Salacious Divon c Suit. (By Associated Preia.) 8T Locis Feb. 8. The divorce suits which Lillian If. I.. irl and her husband W I m J. Lcmp the brewer filed agaitif-i --ach other cun' to tri.-tl In the Ht Louis circuit .nrt today before JtulK' Hitchcock. Two hour before the n oceedings began an un dience of f Monably aMIred men and women Witv .in hand. The suli lor divorce, for allmon and for ruMody of William J Letup. Ill was lil. ! by Mrj. l.ernp but tm medluteiy Hereafter Mr l-mp filed crone hill asking for divorce arid the cuHto'i;- "f the cliil. Mrs. fy-nip says her hu ami has an and he self and lo i Umii told i bath room clared he .1 their son t h On cro-e hand is worth Il.T.OO.O'to 1 1 come of ir.O.OOlt u y.-ar enough to support her- efiild comfortably. )lr w Lemp heat her in the r their home. She i. Ided her when Me- told re was a ;od mlnatlon Mr I-mp ald her hnfih cigarette ret had taught her to -mnoki Ths religious edurnti of their t"f was one cause of o :ferences. Mrs. Itop Hhe id. the boy ho; r'.ei In the of til" main aerordinft t" rt-d be had floman Catho lic chun h ''esptte the father's wiwh to the contrary. Khe acknov ledied idgnaturex t an ante-nuptial eontraci by which -he agreed to surrendei ail riirhls rfllglous Instruction of any child le.rn of the marrlaae until It wax seven vears old to her husband but deMred she had never seen the contract. th..t when she signed It the paper was -o folded a to conceal the content-' and that nhe supoosid that she a h signing another pap. r that had b n read to her- WABHLVOTOM, Feb. , Forecast for North CanaliO: Increasing cloud iness Tuesday, followed by rain In west portion and at Might in east por tion, increasing snifth (winds, shtftrng to west Wsdneadajr, t . USING CRUM TO GET BIG WHACK AT ROOSEVELT Senators Are Riled by Ref . erenees to Perkins in Telegram. ae tne au . .eh0!N)ID NOT CONSULT WITH WESTERN MAN r I'rosDeet That Crum Will be Talked into ObUTjon by Mareh 4. (By Assoclatts r'rsss.) WAHIUNOTtiN, Feb. g Under tht gulm of considering the nomination of lr. V. l. Crum, the negro col lector of fuHtonis at Charleston, H. C-, re-uplnted by President Iloosevelt, the w iinte In executive session today diHcuxKeri (lie Japanese question. In cliletitully the rllncuHHlon turned upon the reference to Henator Perkins by President Kuosevelt In a telegram to Uovernor Oillett of California, In which he said that the senior Call; fornlu stnator hail hampered the uii niltilMirntlon In IIh efforts to Imlhl up the navy, yet now "advisees u policy of wanton Insult." IXeferi nee to this statement wit made by Henator Tillman, colleague of Senator Perkins of the naval afTalrf committee, and Indignation was b other senators because of the attack upon Mr. Perkins. Both California itenatori took purl in the discuxftlon. Perkins Slighted. Henator Perkin made a, statement to the effect tliet he had not been asked by the president to participate In the conferences that have beer held concerning Ibe Japanese situa tion In ' 'a I i for n hi. He said that h eonld not understand why the presi dent should intimate that he had tried to stir up lie- sentiment In Cali fornia in opposition to the efforts oj Ho- president. He stated what hl position hud been on the subject ol i I. lie niis i. de lat ing that h- had al .i lie. n In favor of a steady grow th ol the navv. i mii though he wa aKilnst the pi oident's four battle chip pros-ram last session- .Senator Klim de c lared that he had not participated In the conference lit the white house until he was atftted to w r e af the inf-rmedlary between the administration and the California leg islature Hi made It clear that he did not approve of th criticism of hl colleague. . ( ruin a Itnffer While It Is iM-coming apparent tint (olleftc,r ''rum (annot tie confirmed at the present session it Is also evident that the- case Is being used ax a -buffer" for legislation which tin le aders do not Intend shall b pass ed Senators Tillman, Kraxler, and (lary made extended speeches toda on the race finest ion In the Houth- Mr. !ary talked of the Crum case in partle alar and against the policy of placing negroes In Important of ficial positions where It 1 necessary for whites to come in contact with th'em. and especially In cases where practically all of the business of an office is transacted by white people PAX .4 MA HKHEXTS HPEKCH. (By AsaoclatsS Prsss.) WASHIXOTON. Feb. . C. C. Aro semana, the Panama minister, today called at the state department and filed a protest from his government against the speech made In ths house of representatives recently by Repre sentative Kalnry. of Illinois, in which President Obaldla of Panama was se verely studied. Tha minister acted In pursuance of instructions cabled by hli government. ? More Than Two Hundred! i Talesmen Examined in Nineteen Days. COULD SHOOT WELL . AND WAS EXCUSED Many of the Fanners Have Not Yet Heard of the Tragedy At All. r . -.. AtsoaUtt. Prsss.) N A8HKV 1LLK, Tenn., Keb. I. The nineteenth day closed with the Jury still Incomplete in the case of the stats against Col, Duncan 11. Cooper, Itobln J. Cooper and John . Sharp, charged with ths murder of former Senator E. W. earmark. One Juror, thn eleventh, In the person of VV. A. Adcoek, young farmer was sent Into the box. Before tie Was secured 2S1 talesmen wera examined. of the only seven were able to qualify ami six of these were challenged peremp torily. The stats now has left thrs such challenges and ihs dsfenas hlr-ty-sl, There Is something like 200 names ye? available In ths present Ve nire, from which ah effort will be mads to secure ths twelfth Juror. Most of ths members of this vsnlre Hits In remote parts of ths county Whers newspapers ars seldom read bt cause at Illiteracy. Tha few from Nashville and- vicinity cannot fluallfy as Juror because of having read ths testimony at ths sp plication for ball. inera was today tha asaal snrlnk ling ol loafers who" find the . warm court room and comfortable haira a. delightful resting place during tha cold weather. Thess men and boys corns sariy and stay until put out at night. Boms read papers nearly all uay. utners sleep peacefully at times, but none pay a great deal of attsn tlon to tha court nrejcsedlnss,"4 " - A, L. Mflls) 'a talesman excused be cause he had formed an opinion waa ones a candldata fur ravsrnor an the pupuiwi iK-aet. no lourtn mail in the second panel, D. M. iiannlster ad mltted that his eye sight was falling, but proudly added: "Hut l kin see to shoot a rifle lest as good as I ever could," Asked how many children he had, he replied: Ef they be all llvln' now, and thev wuz when lust 1 heard from 'em, 1'vs ot eight." Thtt mute challenged Bannister. Job Templeton, a farmer who can either read nor write, had net heard that Car mack was killed and did hot now the defendants. His clothing ung In tatters from his body and hs had not been shaved for weeks. Ths state readily accepted him as a Juror but the defense, after long delibera Ion excused him. It was .l.r.O p. ni. before the eleventh Juror, W. A. Ad- cock, was accepted. Kfforts to secure another Juror failed and court ad Journed at b o'clock with one place In the box still vacant. TORPEDO BOATS IN A TERRIFIC GALE (Bv Associated rts.) f.'H A ft LKHTt ., H. .'., Ksb. I. The torpedo boat destroyer Horden ar rived late yesterday from Norfolk af ter what .Lieutenant Itlchardaon, com manding, declared was the roughest trip he had ever taken. Ths wordsn eft Hampton Hoads Frlelay morning with the torpedo boats Porter, Hhub rick and Htockton for Charleston, but the first day out, a terrific gale was encountered and the Porter was forced to put baclrt The Htockton made Beaufort. N. and th Hhiib- Ick put In at Morehead City, but the Worden succeeded In reaching here In safety. After the I'ortcr separated from the fleet nnd put bae k to Norfolk the others stood through a wintry gale of great force for fifteen hours alien the Htockton and Hhubrlek were foreed to seek harbor. Tho officers and men ere greatly exhausted by the terrific ounding. FROM TRK-iM-'HY TO i H. (By Associates Press.) WASHINGTON. Keb. . It Is well ndrrstood among prominent officials In Washington that Secretary or tne Treasury Cortelyou has accepted the presidency fthe Consolidated Oas Company, in .N-w Torn, tnougn .vir. ortelyou has declined to eitner af firm or deny the statement. CHICAGO FLYER DITCHED; OtIE IS KILLED AND A SCORE ARE INJURED (By Associated Prses.) MEMPHIS. Tenn., Fob. 8 One person was killed and a score injursd today when the Chicago flyer on ths Illinois Central running at a high ;sperd. plunged Into an open switch at Coldwater, Miss. , , The dead, Martin Stanton, Memphis. The Injured . Oeorge B. Matthes, ex press messenger; Musco Victoria; Qua Harriett, Memphis, ' engineer; L. T. Lleber, postal clerk; Unknown Ital ian; Hugh W'tckley, Memphis; J. T. Stevens, Memphis; J. O. Neudorfer, superintendent of ths Mississippi div ision of the Illinois Central; E. t. Cameron, baggage man; C. L. Hur- Wt'v" Iu&'la Bill to An- . . . . nex Little Ivy to Bun combe County. SENATE FAVORS TELEPHONE FRANKS Routino Business ,of Logia-" laturc Stirs Up Borne V Sharp Tilts. , iv (Special to Tbe tills.) RALEIQH, Feb. . Henator Van. nlng's expected stata bond issua bill and a "trust busting" bill In tha hous by Representative Kooncs wera tha features of todays assaion of tha fen eral- assambly, The bond Issua proposed Is for en and half million dollars for tha par. rnansnt Improvement and aqulpmsnt of tha durational and Bharltabta In stitutions of tha stata. If this ahoultt become law, It would eliminate tha rs. malnlng two hundred and fifty thona and appropriation lor ths stau ho, pltals for ths Insaneunder (ha Slckstt measura of two 'years ago, appropri ating one hundred! thousand doliara for tha four years. ; . : Ths bill Introduced In tha housa by Mr. Kooncs defliwa "trusts' and un. lawful combinations and prohibits their baleful activities' almost exact, ly as does tha famous Texas anti. trfxtt act. 'Senator Jones, of Waka, Introduo. d a number of bill advocated by tha North Carolina - Merchants asaocia. tlon. Including bna for f ha ; wora prompt settlemsnt by press com panles of C 0. O. shipments, others to ; prevent fraud n merchants an t to prevent passing worthless) checks, , ThCiuttg fclll to regulate firs sarapea fop pubtio hulldlnga In NortH Carolina waa get, for a. aptcfal ordep for Tuesday of next week, Thera is an anierujment by Senator phnrr that drnotcvrutlng In theatres bs of asbei. tOS, . . , , I , Capital rnnWitnrat, : to do away with capital punish msut, except In cassg of criminal an ssntt 1 thn "purpoas f a" but intra duced by Henator JJocksry. . - . In the house ths fish bill Was marts a special order for Friday, and In tha , doing of this tha whole fish dismission nearly cams Up, 'but was choksd off ; t tho danger signal, , Tha oommlt tee mport Is favorable, but It devel oped that there Is minority raport. Amendments by, tha commutes axw empt ths larger part of tho fishing', counties, hence (hs prospect of somsj long talk. It was remarked Thai tha signers of the minority report wara ths members who had been added ta the commlUeo sines ths majority r. port had been decided on. This wa positively denied, and ths 'sight wag -on tha way when tha chair held tha. discussion down to ths motion to make - special order. ' - The general drainage bill was set . for consideration . next Monday after being ordered reprinted. It has beett ordered printed. It has been passed by the senate. Night session talk was heard. A resolution by Mr. Mitchell, of Wayns, called for one Wednesday night and every night thereafter until tho cal" endar is exhausted. Mr. do ugh tort wanted to suspend tha rules and pass . It at once In ths Interest of dispatch. -but at the earnest solicitation of Mr, Morton It went to ths commutes an rules. ' To Annex Little Ivy, There was a sharp tilt Over a bill Introduced out of order by Repre sentative Weaver, of Buncombe, to annex a portion of Little Ivy town. .. ship, Madison county, to Bunoomoe,' Mr. Orant wanted, to object, but waa Just too kite. Hs called attention td the disregard of the rule of the house that a member "ha he Introduces a hill must make some statement of " Its contents, and wanted to know hoW one eonld object In time to a bill Introduced out of order when tha In troduror failed to stat'j Hi object con ; tents. 1 Mr . Konnce introduced another : measure, one that he put in two years ago, to establish an insurance com. ; mlssl'in to consist of ths governor. coune'.il of state and attorney general, to be to the Insurance departmest what the stats board of education Is. to the department of publlo Instruo tlon. To make the work of publlo ae. : (Continued en pass tsss.) bert, Brownsville, Term.; J. T. Talbert, Chicago; Mrs. Eleanor Marl, New Tork city, private secretary to Dr. ft If. Parkhurst. .. The accident happened Immediately la front of ths post offtca at Cold, water. Every ear turned over eirept ths last aleeper. Relief trains rushed from Memphis and Water Valley. f'. COLDWATJIR, Mlsa, Feb. .Su perintendent McCork of tha Illinois ' Central railroad declared this after noon that ths . fastf Chicago Flyer wrecked here today,' had been delib erately thrown Into a "cocked" switch. There Is no clue to the wreckers, '