'ft '
THE . WEATHER
THE MHEILLE CITIZEN.
s :&wociateii Press
Leased Wlyt Reports.
VOL. XXV,- NO. 140.
ASHEVILLE, N. C, TUESDAY MORNING, MARCH . 1909.
PRICE FIVE CENTS.
STAMP TAX TO BE
REVIVED UNDER
TIFF SCHEDULE
Details or its Provisions
are Lacking but Features
are Known
DUTV ON LUMBER
AND LEATHER IS CUT
New Schedules are Now In
the Hands of the
Public Printer.
(By Associated Prws.)
WASHINGTON, March 8. Having
been practically completed by the
tariff framer. portlona of the new
tariff bill tonight were sent to- the
government printer. It 1b expected
that by Wednesday, the entire meas
ure will be In type.
Although no announcement' has
been made toy the houe committee
on ways and means regarding any
of the schedules 6f the tentative bill.
It has been learned on unquestionable
authority that os a concession to the
shoe man because of the placing of
hides on "the free list . the duty on
shoes' will ' considerably reduced.
While no figures were obtainable re
carding the steel schedule It was
stated, on the same authority that a
substantial reduction in the duty on
steel rails, tools and similar products
Is provided for. A duty of four cents
a pound on coffee is levied. This is
by way -of compromise with the Por
to R loans, who demand a tax of six
cents a pound.
No New Liquor Tax.
Whiskey and beer will remain as
they are at present. If the sub-committee's
recommendations are enact
ed intoTlaw, It was felt that whiskey
was already carrying all the tax it
could stand, while in the case of beer
the prohibition movement throughout
the country. It was explained, had
cut down, the consumption of beer,
and it was felt that it would be a
hardship to Impcse any further tax.
It having; become manifest to the
fCantlnusd, on .Dgs vn.) "
FI7ZHUGH MAKES
PRESENTA TION
FOR PROSECUTION
Holds Attention of Jury Five
Hours Demanding Justice upon
Slayet of his Friend, Carmack
(Ily Associated Frew.)
NASHVILLE, Tenn.. March 8. Af.
ter Captain Fitxhugh had completed
the opening arguments for the Btate
this afternoon In the carfe against
Col. Duncan B. and Robin J. Cooper
and John D. Sharp, charged with the
murder of former Senator K. W. ear
mark, Judge William Hart ordered
the Jury withdrawn and thanked the
spectators for their good order.
Capt. Fltuhugh made a strong and
striking argument. It lasted over five
hours and when he concluded he was
exhausted. The court room was pack
ed to suffocation, the ventilation was
poor and even the epectators .feltr the
effects of the vitiated atmosphere.
Kitxhugh Is a dramatic orator, and
his exertions left him nearly a physi
cal wreck when he concluded. The
oung Memphis attorney's speech is
eonaidered a masterpiece of logical
argument and bitter Invective, and It
had a noticeable effect upon the Ju
rors who leaned forward and listened
breathlessly to every word spoken. J
Fltzhugh was a close friend of Sena
tor Carmack, and is in the case at the
Special request of Mrs. Carmack. His
peroration" was especially dramatic.
Lam Strong Appeal.
There will be many arguments
made to you," he said, "to touch
your heart. You will be asked to be
generous and sympathetic. They will
talk to you of thla 'boy'. Why, gentle
men he la twenty-seven years old and
some of the greatest achievements of
men have been accomplished before
man is thirty. And they will point
to Colonel Cooper as a gentleman of
the old school, as the 'last flower of
the old southern, chivalry." Do you
believe it? Was he a gentleman when
he used that awful language in the
presence of Miss Lee'.' And when
they talk to you of sympathy, Just
look over there. You see in sable gar
ments the widow of E. W. Carmack.
You see on her arm the ten-year-old
boy who was the pride of E. W. Car
mack' life. Did Duncan Cooper or
Robin Cooper think of this widow or,
th
this boy 'when they shot down
husband or 4 he father?
Shows Premeditation.
After tha . necessary preliminaries
in presenting the states case, Captal
Fttzhugh said:
"I have shown you that It Is mur
der when a man takes a life upon
a sudden Impulse. How much more
Is It murder when a man's heart
so full of malice and revenge that h
spends all day Sunday and most of
Monday devising the ways and means
of taking the life of the man he
hates so bitterly."
Captain then took up the threat
of Colonel Cooper against Carmack
With dramatic force he repeated
Cooper' words to Craig.
"If my name appeals again In the
Tenneasean. Carmack or I must die.
"Think of it, gentlemen, this man
who Is a self-confessed lobbyist for a
railroad, this man who is charged by
reputable faien with having embeialed
money, entrusted to his care; this man
whose name had been bandied about
the state; this man whose dark and
devious ways have now been uncover
ed, "dared to send to an honest and
upright journalist the threat that If
his same appeared in the Tennessee
an again, one of them must die. Think
of it." t
"And when this tragedy was over
the defendants began to took for a
cause. And what did they find? That
Senator Carmack had referred to
'that little bald headed angel. Dune
Cooper', had asked did the angel
'come from above or from 'below'
and was there the smell of sulphur on
his wings .
Did Not Pay Debts.
The speaker said Cooper never oh
Jected to the alleged remarks of Car
mack until after the murder.
"He told his son, that 'day after
day his name was used in tha Ten
neeseean ana that Carmack was
shooting poisoned arrows at him and
that it was becoming unendurable'
They brought only three editorials
(Continued on page Four
E OF RACES
OF
II
iS
RESULT SAYS DR. ELIOT
Negroes aud Whites Should
Be Kept Apart in Every
Respect He Declares
MAY LIVE TOO ETHER
(By Associated Press.)
MONTGOMERY, Ala., March 8.
"There should be no admixture of
racial stocks," declared retiring Pres
ident Eliot of Harvard university to
night In an interview.
"I believe, for example, that the
Irish should not Intermarry with the
Americana of English descent; that
the Germans should not marry tho
Italians; that the Jews should not
marry the French. Each race ahould
maintain Its own individuality. The
experience of civilization shows that
racial stocks are never mixed with
profit, and that such unions do not
bring forth the best and strongest
children. There Is no reason, how
ever, why the races cannot live to
gether, aide by side in perfect peace
and amity.' ' "l"!
"In the ise of the negroes and
the whites, the races should be kept
apart in every respect. The south
has a wise policy. I believe that
Booker T. Washington has the right
Ideals and that Dubois is injuring
the progress of his race with his
views.1?' . ,
President Eliot emphatically denies
that h' ever said that there was a
sufferage problem In the north owing
o the predominance of Catholics.
"In the north we are afflicted In
our tflvic life by having masses of
voters who know nothing of liberty.
Take the Irish, they say themselves
ttiat at home they had no experience
at self-government. Our problem Is
show tha newer arrivals that it
' to their, interest to have sufficient
government and not lavish expedi
ture." T . (
Dt. Eliot left for Birmingham to
night, and on Tuesday night wHl ad
ore" the student body of the Uni
versity of Alabama at Tuscaloosa.
DEAD MAN WAS SUBJECT
TO TEMPORARY FITS OF
IT IS
Employer Throws
Mystery ot
Former
Light
Body Found at Capital
on
POLICE INVESTIGATE
TAKES WHOLE DRUG
STORE WITH HIM
(By Associated Press.)
NEW YORK. March g. Medicine
enough for regiment and surgical In
strument enough to do the work of
an ordinary hospital will be carried
br Theodore Roosevelt to Africa, all
Wndensed, to 'as to fill a suit case.
"Tier are fifteen thousand doaes in
'he1 tabloid, nearly forty per cent of
HieftY quinine.' The other medicines
ar o ward off diseases; most preval
ent in equatorial Africa, chemicals to
make swamp water pure and palatable
H""r f or. v snake t bites, stimulant!,
P'atea and bandages. -
(By Associated Press.)
WASHINGTON, March 8. The
Washington police were today called
on to Investigate the mysterious kill
ing of Walter K. Schultz. a Chicago
artlst.whose dead body was found In
a field near Alexandria, Va. A letter
found on the victim, written by his
sister, Mrs. Ellen Dorothy Gillette, of
Sioux City, Iowa, Indicated that
Schultz was a roving disposition.
No verdict was rendered today by
the coroner's Jury which Is Investigat
ing the death of Schultz.
The Jury was dismissed subject to
call after the coroner has secured
some further facts which he is investigating.
W. W. Barker, in whose place of
business in Chicago Walter F. Schurtz
Alexandria. Va.. was employed for ten
years, said that Schultz was subject to
periodical fits of insanity. According
.o a uispatch received here today. Hel
declared that the young man had
been an inmate of an asylum for the
insane. Three years ago. former of
fice associates of SchulU said he had
been discovered in Lincoln park, dis
tributing money. He had given away
several hundred dollars when inter
rupted, and was about to distribute
more. Mr. Barker suggested that the
artist may have committed suicide
while mentally Irresponsible.
LOS ANGELES. Calif.. March 8
The Wells Fargo express money or
ders found on the body of Walter F.
Schultx, supposedly murdered near
Washington. D. C, during Inaugura
tion week, were Issued to him by the
local office of that company. Decem
ber . 108. Four orders of $100
each were issued upon Sehultz's order
payable to himself.
TI CENT FARE RATE OF
MISSOURI DECLARED
INVALID OT THE COURT
Reduced Freight Rate Pro
vided by Law is Knock
ed Out by Decision
LAW IS CONFISCATORY
AMNESTY FREES
MANY PRISONERS
(By Associated Press.)
HAVANA, March I, In accordance
with the provisions of the general am
nesty bill, recently passed by the leg
islature and signed by President Go
me, the courts of Havana today is
sued orders for the release of up
wards of 600 prisoners. These Include
Juan Masso Parra. sentenced to four
years for conspiracy agalnrt the pro
visional government, and the negro.
Colonel Aeca. reputed to be th most
desperate criminal in Cuba, who was
serving a cumulative sentence of nine- i
4y-eight near for homk-de. robbery wWW.
and frequent Attempt to break jau.
(By Associated Press.)
KANSAS CITY, Mo., March 8, A
docislon In favor of the railroads was
handed down today by Judge Mc
pherson, of the United States district
court, in the two cent fare and max
imum freight rate cases, Involving
eighteen ilasourl lines. The rail
roads contended that the rates fixed
by the statutes of the state were not
remunerative but confiscatory, and
asked that the enforcement of the
statutes be enjoined. The state
brought proceedings to have them enforced.
The question said Judge Mc
pherson in his decision, "Is whether
the traffic wholly within the state
of Mlsslourl generally referred to In
the evidence as local traffic, can be
carried under the freight rate statute
of 1907 and the passenger fare sta
tute of 1907 at such profit as will
give a reasonable return after paying
expenses upon the Investment,
wnetner sucn iramc is carried at a
loss or less than such reasonable pro
fits. The court has reached the con
clusion that upon this question the
statutory rates fixed by either and
both statutes are not remunerative,
Fair Revenue.
"The supreme court during the
present year In the case of City of
New York vs. Consolidated Gas Com
pany of New YrSrk, decided that six
per cent, was fair and right to be
given to the owners upon the true
valuation. My opinion is that while
a gas plant is In some respects, dif
ferent from a railroad, that a rail
road property, properly built, and
properly managed, should over and
above expenses make a return of six
per cent, per annum. And considering
all the evidence, the evidence fairly
shows that all of these roads were
properly and economically built and
are being properly and economically
managed, and that after paying the
expenses for maintenance and oper
ations that there Is less than six per
cent, of returns, and not more than
three per cent., upon any of them
and as to some of them a deficit, tak
ing the property as above stated with
in the state' of Missouri at its fair
valuation. ' '
"The valuation of tho . roads has
been, fixed by the court as shown
by the findings of fact The entire
state and interstate earnings of each
Getting Ready for the Extra Session
LEGISLATURE HAS DA Y OF TURMOIL
Text Book
AND FUSS, FIGHT AbiD FLOWERS
lommission is Tabled in the House; Britt Makes Felicitous Speech
Clinching His Popularity; Session Drags Over Till Today, Close Ends Left
1 Loose in the Confusion of Final Day's Work.
1
Leading the fight on the other side
was Representative Paul Kltchln oi
Halifax, a younger brother of CJov
ernor Kltchln, who also displayed
lot of telegrams. ' ,
Another torsi fight.
The house passed tha bill calling
for the additional offlre of assistant
Insurance commissioner at a salary of
1 1,(00. Another local fight was over
a bill be Senator Means of Cabarrus
for the drainage of Adam creek in
Cabarrus county, A similar one had
been tabled some day ago by Mr.
Williams of Cabarrus, In. the horn
Mr. William la a republican and Sen
ator Means a democrat,-and thw e-
ator nad put In i bill like unto the
dead one, so tha house wa In pre
dicament. Mr. Williams declared that While
he represented the majority of the
people of his county the senator had
run at the tall end of hi ticket.
Sfeierat good democrats backed Mr.
Williams and the house finally passed
the bill on second reading, but de
clined to suspend the rules and let
it go on third reading.
fe'iiHtc Walling.
In the afternoon the house passed
the bill recognizing the association
sorrow as the discredited representa- j of county commissioners' but cutting
tlve of his people. All the while he out the mandatory requirements as
was speaking telegraph messenger to a county Joining. Mr. Grants
boys were coming Into the hall every bill to prevent blacklisting of em-
few minutes bearing great batches oflployes was got through, also the one
messages protesting against the board I for seats for female employes. The
that the governor had appointed. - ! senate spent the day principally In
(Special to Th Citizen.)
RALEIGH, March 8. The last day
of the general assembly of 1909 has
been one ot bitter local controver
sies, flowers, presentation and pre
sentation speeches, tabling and pass
ing all aorta- and condition of bills
of general or lea general nature. The
fight In tha house over the Wilming
ton board of auditing between Gov
ernor Kltchln and th New Ranovor
representative was a hard one, and
Mr. Morton, was not sustained, the
vote this tune being a decisive one, GO
to 29. On Saturday there wa a bare
majority of one vote against the
member from, JJ7vy. Haoover. Today
ne BSKeu ror a 1 recnnsiueraiion pi
that vote to that he might Introduce
compromise measure which named
the same board selected by the gov
ernor, and provided that hereafter
the governor appoint the board and
the people of Wilmington elect the
chairman.
fkvne Dramatic
The scene on the floor was almost
dramatic as Mr. Morten appealed to
the house to stand by him as the
representative of the majority of his
county that had instructed him in
this very matter and begged that the
house do not send him back home In
waiting on the house for final ad
journment, concurring amendment
to senate bill by the house and act
ing on hous bill, a th latter body
sent them twr, A handsom llvsr
service wa presented to Lieutenant
Governor Newland, president of the
senate, Th session tonight ar con
tlnuatlon until all business of' th
session 1 cleared fo final adjourn'
i Itrllt's 1nnula.rtl v., j .
- Senator Rrllt paid an lou'iicn 'trlb
ut today to th officer and members
of the senate for fairness ana . nan
Ideratlon that he declared ha a
all time .been goeordod the minority
member. Probably no minority
leader ever won such general high
regard and personal friendship a ha
Senator Brltt who left for hi horn
thla evening.
Text Book Bill Tabled, ,
Among the great number of bill
passed by the house In the rush of
ll work tonight was the measur to
give tho superior court of Buncombe
county concurrent Jurisdiction with
the police court In certain liquor
cases. This .bill ha been advocated
ly the temperance people and was
Insisted upon after the "search bill
was killed.
The house tabled the bill Intro
duced by Mr, Weaver providing for
the creation of a school text book
commission for Ashevllle.
MAN
y LUES LOST
Minns SWEPT
IN iH 110
Tarriflc Tornado Leaves track
of Doath and Disaster
InltsWako
REPORTS ARE MEAGER; "
WHOLE TRAIN MISS1N0
Koported That Villaad o!
Brlnkloy Is In Flames;
Help Is Sent Out.
1
UMSDEN PUT ON TRIAL EVIDENCE HEIST TIE
FOR MURDER OF BROKER STANDARD OIL IS WEAK
x-Govcnior A y cock
Conduct His Defense;
North Cirolinian.
to Judge Anderson Kays Gov
h eminent May as Well
Abandon Alton .Suit
(Continued m pass few.)
(By Awtoclatrd Press.)
NEW YOHK- March 8. The trial
John C. i.uinsden, the young In
ventor, charged with the murder of
Harry fluydam. a broker, on Decem
ber 19 last was begun before Judge
Malone In the Court of general ses
sions today. I.umsden came from
North Carolina and is well known In
various cities In. the south. Former
Governor Charles B. Aycork of North
T.'arollna. Is associated with James J.
Fitzgerald, on' congressman' from
New York, in the defense of Lums
den. The willow of the dead broker
and the defendant" wife, who is from
Georgia, wen' both In court today
It had taken two and a half day to
get the Jury.
CHICAGO, March . Government
GENTLE ART OF GRAFT
Ottomans Ask Turkish Am
bassador to Remove Bui
tan's Representative,
WASHINGTON. March 8 Three
attorneys In the re-trial of ,he Htand- "iinured tnousimil erstwhile ottoman
subject now living In I nited mates
ard Oil company of Indiana, for al
leged acceptance of rebates of the
Chicago and AHon railroad on ship
merits of oil from Whitiny-, 1 ml. , to
Kast Ht. Louis, Ills., were told today
liv Judge Anderson that unless tlw.-
Introduced further proof ustainlnK
their contention that the oil company
accept'-d a rebate from the Chirago
and Alton railroad, they might as well
ease their efforts to convict.
Judge And' rwm, after considerable
argument from both sides, adniltt' d
tentatively tariff Number K'03 of tlw
The defendant shot fiuydam In his r -hlcsao and Alton, and tariff Number
ornce arter an altercation over cer
fStn notes which Lumsden declared
the broker had guaranteed for him.
4 of the Terminal JCaliway association.
Kefore admitting th.- documents In
ri:.its ixn foot-:.
this way the court spoke of the "fatHl
dlscrejiancy" In parts of the Indict
ment against the Standard Oil coin-
(By AsMx-lated Press.) 'anv- ....
ROME. Mar. h 7. The pope's Indis-i ",f government can furnish no
Dositlon has taken on th. ch.r.,..r ,.t furthirf- proof," said he "in support of
Influenza and his condition Inspire
its contentions than the trlff sheets
apprehension.
33
WASHINGTON, March . Fore
cast: North Carolina: Rain Tuesday
and Wednesdays rooter Wednesday;
increasing cast to southeast wind.
already Introduced, It msy a well
stop.''
Judge Anderson agreed with the de
fense that no evidence had been ad
duced proving connection between the
Chicago and Alton railroad and the
terminal railway association.
"In the event it Is proved that a
Joint agreement existed between these
two railroads, the Indictment would
stand. said the court. "It might also
stand If It Is shown that the two
companies offered concessions."
DVCTIX FAK.M M TO MAnRV.
CHICAGO, March I Dustln Far
num.' the actor. It waa learned today,
ha taken out a license her to marry
hi leading lady. His Mary B. Corn
well Of Cadiz, Qhlo. : "
have petitioned KalJtlm Hey, Turk fill
ambassador to the United Hlates to
urge that MunJI Hey, Turkish consul
In New York city, he deposed for con
duct which Is termed bv them "graft
ing'' In that they allege that unjl Hey
Iihh taken advantage of the ignorance
of Syrians, Greek nnd Armenians,
seeking passports to their titlve land
by overcharging them for his official
signature and the Turkish stamps es
sential to those document
NBW YOHK. March K. - MunJI Hey,
Turkish consul general at New ork
today denounced the charges of graft
made against him In the petition for
his removal (tied by several thousand
ottoman subjects with the Turkish
ambassador at Washington as fabri
cations, and said he courted a full in
vestigation of office here by the Tur.
klsh authorities at the capital,
MAY RECONSIDER
CLOSING NAVY YARDS
WASHINGTON, March 1. The or
der of the secretary of th" navy given
at the direction of President Roose
velt, abolishing the na.v yards st
Pcnsacnla, Fla., and New Oilcans. La.,
was today revoked by Hecretary Meyer.
Hecretary Meyer said that the con
gressional delegations and others from
Florida and Louisiana had made rep
resentation to him claiming that the
original order waa. Illegal, and that
while he had no doubt as to Its legal.
Ity the case had been put before the
department la such a way aa to ef
fect a re-consideratlon of it. The de
partment Intenda to keep do watch
of the condition at the yard, and
a statement has been called for of th
amount of work In progress and con
templated by them. It la not proposed,
for th present at least, to hd any
hip to those yard, th assignment
already having been mad.
(By Associated Pre.) y . 1
LITTLBj itOOK. Ark,, ; March I."
Four peraon ar reported dead, and'
a number Injured' th result of
violent torm which wpt through
weatorn. eastern and southern Arkan
sas luttt thl afternoon and tonlsht.
Three are reported to have fectw kill
ed at lirinkley, and dispatch at mdK
night an the only wir in operation be.
twwn that hlae and Llttl Rocki a
railroad wlm, wer to th flect that
town waa In flame and.it comnlata
destruction seemed Inevitable , . i.
n ire ar nown throughout tha
state and only meagr report havsv
rachd Llttl Rock thu far.
At midnight a special train bearln?
physician and nurse and ilr fight-
n apparatu wa trtd from For
et city for,Mrlnkiey, Tho reported;
to have been killed at Prlnkley, arv
uaugnter of T. M, Burch, Foot.
merchant, Btarrvtt. men-pant.. , . ;
Train I Missing. , .
A cotton belt pasngr train due In-
Llttl Rock at .! o'clouk tonight la
lost In th vicinity ot Uaurum whsr,
a tornado struck, and la reported to
hav been wpt off th track, An4
other report I to th effvc.t that tha
train wa struck by .lightning. JUII-r
road officers in Utile Kock hav been
endeavoring to local th train for,
hours, but hav been unabta to do o.
'A tornado struck at Fouwhsdain al
t o'olock thl afternoon within flv'r
in I ie of, Llttl Rock, killing a negro. "
boy and injuring other negro. Twuy,
hrjuse war demollufcad and on tv;
completely destroyed by fir after Hi
had bnn blown to bltav Meveral n;
f roe are reported to b fatally hurt
Th tornado cmed th .Arkansas,
river at Fourchedum ahd raised ft
spout or water about 100 fet htghv
It travel toward tha tiorthaaaf and
swept a clean path About ixty yard.
It wa lippoaslbl to gst ny deflnlt
report from that vicinity tonight, That
tornado wa followed by a violent halt :
and rain storm which kept . ap
throughout the night. , ' ,. v.
Other Town Hit. " '
The sum tornado passed Into Bu
cum where the extent of the damage
la also unknown and from there to;
Kerrsln Lonoke county, whof vrt ,
home were demolished and 8. B. j
Adams, a farmer. Was seriously if not1
fatally Injured, tin with his win, ton
and three other war In the hous t
the time of the storm, They were
burled In the debris but all escaped
alive. The home of Pan Wagner,
saw mill operator, near there, was al
destroyed, but he and his wlf es
caped with a few bruises. A end
several negro cabin were demolished.
All the window of ft train between.
Ourdon and Hester were blown out.
At Malvern the Methodist church wa
entirely destroyed at a lot of $1,000.
The Baptist church wn damaged, a
portion of the court house wa un-,
roofed and other extenilv damage-'
was done. No lor of life wa report
ed although the extent of th damage
In the surrounding country waa not ,
known. t
A special wrecker left he,' tonight
over the hock lsiana ranroaa ior
Hrlnkley. .
HASTE IN PASSING THE
TARIFF BILL GREATEST 1
DESIDERATUM TO TAFT
Holds Conferenec With
Leaders to Outline Pbl
iev of Administration
INSURGENTS ACTIVE
WASHINGTON. March .Th
problem of financing th government
providing the necessary fund to
carry on the project under way and
maintain the plan of the Taft ad
ministration, and making" th de
mand square with a new tariff sched
ule Is the work with which Prel
dent Tart, Renator Aldrlch. Speaker
Cannon and Hecretary of th Treasury
Macveagh were engaged at a two
hour conference at tha whit nouad
this afternoon. Th necessity for th
enactment of a new tariff bill at tha ,
earliest possible moment wa discus'
ed, there being little reference to the
detail of the proposed legislation.
Whether a definite policy wa outlined
at the conference could not be Mated.
That th manufacturer, .and other
targe Interest r demanding early
tariff legislation and that the fcustne
condition, of th country are. neces- ;
arlly unsettled until th tariff, eched
ule ar finally fixed by congress wer
th principal reason given for th
(Continued en page twS.)