'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Cooper and John D. Sharp, charged with the murder of former Senator K. W. ear mark, Judge William Hart ordered the Jury withdrawn and thanked the spectators for their good order.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.)