BVILLE CITIZEI
THE
Associated Presjj
Leased Wire Bepcjts.
VOL. XXV. NO. 196.
ASHEVILLE, N. O, TUESDAY MOBKINO, MAY 4, 1909.
PRICE FIVE CENTS.?';;
"DEMOCRACY EXPECTS THAT EVERYMAN THIS DAY WILL DO HIS DUTY"
DECAf OF NATIONS
Men Should Go To Extremes Rs Ladies Do.
COURT CONSTRUES
BA T TLE OFBALLOl S
TODAY; WARNING
UIITUT
the cor.1
i
FOR' FAKE "TICKETS
mm
THE WEATHER
pre w
Hi
liDTIES
ULQIIIUIIIIII
PROriEriESSTOWAR
CUUSEOFRATEIJ
Second Peace Congress Opens
With Address By Dr.
Jordan of Stamforg
PRESIDENT TAFT
SENDS HIS MESSAGE
Declares Burdens of Arma
ments are Becoming Great
er Than Can be Borne
CHICAGO, May . "Ja Der Krleg
Verschllngt Immer Die Beaten," (War
always devours the best.) These
words written by the German poet
Schiller, a century ago, formed the
theme of an address at the opening
of the second national peace congress
today by David Starr Jordan, presi
dent of Leland Stamford Junior Uni
versity. "It is through selection that all race
progress comes," said Dr. Jordan.
"War means always the reversal of
selection. ,
' "The survival of the Attest In the
struggle for existence Is the prime
moving cause of race progress and of
race changes. In the red stress of
human history, this natural process of
selection is sometimes reversed. A re
versal of selection is the beginning of
degradation. I4 Is degradation Itself.
"The only way In which any race
as a Whole has Improved has been
through its preservation of its best
and the loss of Its worst examples.
Ths condition which favors this is
democracy, equality before the law,
the condition which equalises oppor
tunity and gives each man the right
to stand or fall on the powers God
has given htm.
"Ths warlike nation of today is the
decadent nation of tomorrow. It has
ever bean so, and In the nature of
things tt must ever be.
.. "Our republic shall endure so long
aa. the' ,uman harvest Is good, so long
as the movement of history. h pro
gress of peace and industry leaves for
the future not the worst, but the best
of each generation. The republic of
Rome lasted so long as there were Ro
mans, the republic of America will
last so long as Its people In blobd and
In spirits remain what we have learn
ed to call Americans."
In the great growth of fraternal or
ganisations In the United States, Jo
seph B. Burtte of Chicago, speaking at
(Continued on page Six.)
BROTHER OFFICERS SAY
CAPTAIN HIS ACTED
T
One Witness-Tends to Sup
port Defense's Theory of
No Premeditation.
SERVANTS
TESTIFY
FLUSHING, N. T.. May 3 With
thirteen of the defenses witnesses
disposed of. the Halns trial started
on Its third week today. Terhaps the
most important bit of testimony on
behalf of Captain Peter C. Halns. Jr..
the defendant, charged with the mur
der of William E. Annie, came Just
before court adjourned for the day,
When Leo Burnt, a real estate dealer
and a member of the Bayslde Yacht
cluh. where Annls was shot, testified
that he had discussed the merits of
certain property adjoining the yacht
club with Thornton Halns, the defen
dant's brother. and at one time made
an appointment with Thornton- Halns
to meet him at the yacht club.
BurT testimony tends to show
lack of premeditation on the part or
the defendant, and to corroborate that
of Thornton Hains, who testified that
he and the captain went to the yacht
club the day Annie was killed, for the
. fl-ati- rum or his parr-
uuruun in ,
ner. Jeaperson, to inspect the Bayslde
property. '
. ia.,.: u.wlnn was occu-
raum 111 -
pied by the examination of officers of
the United States army ana s.
ment employes, and the negro ser
vants who were employed In Captain
Mains' household when he was in the
nLi 1 - Th rmv men- testified
to conversations with Captain Halns
at various times during juiy w.
gust 108, and characterised his
speech and conduct upon these occa
sions as "irrational."
Emms. Lavelle, the Halns- cook, and
,.. .w. -- T.mie Sawyer, ne-
L- .m- a h Mrs. Claudia
jgro miiu rmiv; j . -
Halns. caused consiaeraoie ""-
in court by the characteristic manner
...!.-.. k.i. atirtes of the alleged
laUcatnaf "Billy annis ' -
turn Halns Fort namim.
fcotnev dtrtng the captains- ncire.
Democratic Headquarters Urge
All Democrats to Carefully Ex
amine Ballots Before They De
posit Them iri Boxes.
THE STRAIGHT DEMO-
CRATIC TICKET.
For Mayor:
JOHN A. CAMPBELL 4
For Alderman at Large:
4 ROBERT U FIITZPATR1CK 4
4 For Alderman, Ward Two: 4
W. R. PATTERSON 4
4 For Alderman, Ward Four: 4
4- J. E. HARDIN 4
4 For Alderman, Ward Mix: 4
4 JOBIAH M. JONES 4
4 For Police Justice: 4
4 PHILIP C. COCKE
4 For Tax Collector: 4
4- C. H. BARTLETT 4
4- For Treasurer: 4
4 J. BULOW ERWIN 4
4
4444-444444444444
The noils will onen this morning
at eight o'clock and close at sundown
urhlr-h. neenrdlnar to the Asheville sta
tion of the United States weather
bureau, will be 7.19.
Between these hours the electors
ill rionnult their ballots find they
will do well to read the warning pub
lished In this Issue of The Citizen
by Democratic Chairman J. C, Mar
tin because of fake ballots. It Is
rumored there will be not a few.
Rnmn of these ballots will bear at
the top the names of some of tho
nur tir-Uet ihut end with names
of opposition candidates. The careless
voter glancing at the top of the tffk
et will think he Is voting the
ticket he wants. Others or tnese
fnkm" will be all right as far as
they go but they, will not go far
enough,' the names of one or more
nnmlMM belnar omitted.
At what""tlm the final result will
be ascertainable cannot "be atatea cer
tainly but bulletins by precincts wll!
be displayed In front of The CItlsen
office as fast as the vote Is counted.
The first return should be In at nine
o'clock.
Official Canvass.
The official result will toe canvassed
and declared Wednesday noon at the
nfnee. Each precinct board
composed of the registrar and two
Judges Will select one 01 rneir num
ber to act as a member of this board
SENATOR BORAH QUOTES
HIS POLITICAL GUIDES
IN FAVOR OF INCOME TAX
Declares Republican Party
Would have Been Disrupt- !
ed but for Roosevelt. j
TARIFF DEBATE DRAGS
(Dy Associated Press.)
WASHINGTON, May 3. An ex
tended defense of the duty provide!
in the Dlngley bill on lumber was
made In the senate today by Mr.
piles or Washington. He was follow
ed by 8enator Borah who discussed
the Income tax, declaring In favor no
only of its Justice as a means of
raising revenue, but In view of the
divided opinion In the Supreme court
of the United States, Insisted also that
it ""the duty of congress to again
submit the question of the constitu
tionality of the tax 10 m u.,u,
During the course of his remark
on the Income tax Mr. Borah referred
o former President Roosevelt as hav
ing shaped the destinies of the repub
lican partv and said that without als
leadership "the party would haw gone
nut of fcuslnees." He added that
"without continued adherence to thoae
principles the party will go out of
power."
This statement was In connection
with Mr. Roosevelt's Suggestion in
favor of s graduated Inheritance and
graduated Income tax. Mr. Bora
alo quoted Mr. Taffs speech In which
he spoke In favor of the principle
of the income tax.
Referring to Mr. Carnegie's state
ment that an Income tax would en
courage perjury. Mr. Borah said:
"Mr. Carnegie did not make the re
publican party, and I wish I was
just as sure that the republican party
did not make Mr. Carnegie."
BIBIMPS ASSIGNED.
WHEELING, W. Va May . At
today's session of the Methodist Epis
copal bishops of the world, the as
signment of bishops to the fall eon
ferenrrs of the denomination rneiodeJ
Bishop Moore to North Carolina. '
and deliver the official returns and
the members so chosen will meet at
the mayor's office In the city hall.
This board Is also charged with
the duty, If necessary, of purging
the registration books of names of
those dead, removed of failure to pay
poll taxes. This will be necessary
unless the propositions for the ac
quirement of the Auditorium and the
'Asheville development ."measure re
ceive more than half the total num
ber of names appearing on the books.
If, for example, there are 8800 names
on the registration books (and this Is
approximately the number) and the
two propositions receive, for exam
ple, 1J00 votes, the board of canvass
ers will revise the books by eliminat
ing names of unqualified voters. It
Is admitted that there are several
hundred of these and therefore the
measures wKtild,' ieve legally been
adopted.
Great interest Is now shown In the
election and with feeling aroused and
party lines drawing close many peo
ple grouped on the square yesterday
and politics and expected develop
ments were talked all day. Ths head
quarters, of both parties were ani
mated and some hard work was done
last night to reach the doubtful voters
and to line up the regulars. The ex
citement la the more noticeable be
cause It came late. ,
Democrats express unsounded con
fidence In the result and many well
Informed men expect one of the great
est If not the greatest victories in the
history of the city for the democratic
party and a notable vindication of the
clean, conservative and eminently suc
cessful administration of Mayor
Campbell. Republicans freely con
cede' that , democrats have large
normal majority In Asheville, tn many
eases placing it at 500, while demo
crats recalling past victories assert
that normally this majority In city
matters Is about 800, and on this ba
sis Slid with the admitted fact that a
number of republicans intend
scratch their tickets it is readily seen
that it Is quite possible for the demo
crats to break the record.
Said yesterday a fair and conserva
tive man: "The democrats come be
fore the people with a good record
(Continued oa page three.)
MPEACHES INTEGRITY
OF FEDERAL JUDGE AND
ASKS INVESTIGATION
Congressman from Missouri
Charges Judge Philips
With Neglect of Duty
COURTS AN INQUIRY
(By Associated Press.)
WASHINGTON, May I. Making
serious charges against the conduct
of federal Judges John F. Phillips
and Smith MrPherson, of the Western
district of 'Missouri, Representative
Murphy of that state introduced a
"resolution today providing for an In
vestigation of their conduct In the
litigation between the state and the
railroad companies over the maxi
mum freight law and the two cent
passenger rate of that state. The
preamble (of (the resolution claims
that the two Judges accompanied cer
tain railroad attorneys on a fishing
trip, on which occasion members of
the party were arrested for violating
the game laws of the state.
The resolution also charges that
Judge Phillips neglected his duty by
continued absence from the bench,
snd that when he does preside, the
court Is In session only four hour
eaoh day. Mr. Murphy desires the
general conduct of Judge Phillips In
vestigated, contending that he Is in
sulting to the attorneys who are com
pelled to practice In his court, and
also that he has Instructed at varl-
eus times that the Jury bring In a
certain verdict ' If the Juries bring
In a different verdict, the resolution
declares. Judge Phillips becomes in
sulting and practically charges that
they have violated their oaths as Ju
rors.
The resolution recites the various
phases of the litigation. Including s
statement that the railroad compa
nies agreed to establish certain rates
within the state or Missouri in via
latlon of the state anti-trust law. Tt
Is stated that the two Judges rendered
Certain decisions which in effect
murped the legislative powers out
of the legislature.
.
ft
GALLO WS MOST POTENT FACTOR IN
NEW
Revelation of Rottenness in Empire Prove That
ed. 'Abdul Hamid 0 onnlved at The Amenian Ma
- ! And At Revolt in Capital.'
r-nvrHT AumvnPI.B. Hst 1. Thir
teen civilians and eoldlwrs sentenced
by the military eowte to death for
..rf. haMrf in different Darts
of Constantinople at four Unlock this
morning. - - ' ' "
Major Toossef, lil so na enree
other men who killed the Syrian dep
v Cmlf Mohammed Aralso In front
of the parliament building were exe
cuted e ne epoMB, uwy com
mitted theaerinte. Five others Were
hanged at the entrance of the minis
try of war end three men at the
Stsjnbul end of ths Qaleta bridge.
Upon the breast of each criminal had
been a large placard In Turkish, set
ting forth the sentence 01 mo roiin.
Around the foot of the gibbets on
hM ih. Mtrlv. moraine buvlniti
of fruits flowers so-vegetables buying
seeded as usual, whtle the bodies were
In full sight of the great crowds that
made their way over the bridge be
tween Stamboul and Galeta.
Were Conspirators.
Major Toussef was the man who af
ter the murder of deputy Arslan made
his way to the house of parliament
and in a speech denounced the mum
k.ra for seiino- against the laws of
,the Koran. Hamdl Bin Techar, a
sergeant wno was nangea, w m
man who planned the details of the
revolt of April IS and who was commander-in-chief
and practically dic
tator of Constantinople for the two
EIGHTEEN FUNERALS
OF
Whole Families Who Per
ished in Hurricane Are
Laid Away in One Grave.
MONTGOMERY. Ala., May S. A
special to The Advertiser from Qlles
county, Tennessee, says:
"Eighteen funerals ss a result of
the fearful storm of last week, occur
red In one villain of this county ye
ter, six persons being burled In m
grave and four In another. Mrs. Mc
Qraw and five children were bvrled
together and Mr. and Mrs. Duffy and
two children were laid away In an
other grave.
One of the McOraw children, after
the terrible storm of Friday, in which
so many people lost their lives, helped
her crippled father to find the family
and et them together, five of whom
had been killed. Then she walked
a half a mile to the nearest neigh
bor where she gave the alarm and
asked for help, saying that she would
lie dead In a little while. Within a
few minutes after uttering these words
she fell to the ground and expired.
MR
WASHINGTON. May Forecast:
North Carolina: Fair Tuesday anil
Wednesday. warmer Wed needay;
moderate southwest to south winds.
TURKISH ADMINISTRATION
days following. Ths other eleven men
worked Mndee- Teohar.
Mourad, editor of ths newspaper Nl
aam was tried by court martial today.
A member of ths court martial read
ths sultan' flrmlB. confirming , ths
sentences at each place of eexcutlon
and priest prayed with the condemn,
sd men for two hour before their
eoutlon. .' 'is '
Tit bodies were left hanging until
1 o'clock this afternoon end were seen
byat least 100,000 pf the population
of the city.
Proof of Plot,
Documentary evidence has been dis
covered among the recorde of the tel
rat, nfftra hare of the knowledge
of the Constantinople authorities that
massacres had been planneo tor me
Adan district and they were to com
cide with the political events here.
Other papers havs been found Indi
cating also that the conspirators at
the palace acted In the sultsn's nams
In preparing the military mutiny of
April 13. Lists of houses, with notes
of the kind of loot to be found there
in, were discovered on some of the
prisoners now In custody. The ar
rangementa included a general massa
cre of foreigners In Constantinople,
Including the diplomatic representa
tives on April 24.
Cabinet ReMlgns.
The Turkish cabinet resigned today.
MEDALS HVMED FOR
FUTILEJE1C ACTS
Carnegie Fund Commission
Makes Distribution of
Symbols and Much Cash,
(Ily Associated Press.)
PITTHH17RO, May I. The Carne
gie Hern Fund commission at Its reg
ular quarterly meeting here oday
made awards to twenty-three persons
In different parts of the country forj
deeds of heroism considered since the i
last meeting. The awards consist of
medals, 114.000 In cash and annui
ties amounting to $125 a month.
""The commission slso appropriate!
1 10.000 to the relief fund for the rel
atives of the 117 victims of the two
mine explosions at the Lick branch
mine of the Pocahontas Consolidated
Collieries company at flwltchbark, W.
V.. on December it. 1(01. and Jan
uary 12. 100, , Forty-nine rsws wer
submitted to the commission today.
The awards Indue Amila O. Cone,
sixty-one years old of Italelgh, FIs.,
awarded a sliver medal for rushing
Into a btirnlnic building In May ltet
and rescuing Eveline Smith, colored,
five months old. Her clothing wa
on Are when Mr. Cone reached her
and she died from her burns. The
roof of the ibulldlng was about to fall
In and did fall three minutes after
the child was taken mil.
Robert C. Baur of Richmond, Vs.,
was awarded a silver medal and
11.000 to apply on the purchase of
a home. Baur,. on January 101.
got into a boat which was let over the
"Falls of the Jamas," In the James
river, Richmond. In an effort to save
Edward L. Barnes who, while Intox
icated, had gone over the dam, and
lodged on a rock. Ha got Barnes
Into the boat but the rope broke and
Barnes wss drowned. - '' '
Its-Services Were Badly Need.,
ssacre : is Amenia,
I .
Ths political situation I bewldernf.
N on can tell what the outcome will
be. This latest ministry was organ'
Ixed April 10 with Tewflk Pasha, as
grgnd, vtalor. Ths sultan has request
ed Tewflk Pasha to eonsult with hl
oolleagues snd reconsider his resigna
tion, although there is mucn op post
tloa .am ths nart of members-of -par
(lament to the eemposltton tt ths cab.
Inet and to Tewflk Path htmeett as
It 1 considered that the ministers are
too closely connected with ths old or
der. The cabinet may lace tne cnam
bar, however, in the hops of securing
a majority.
Women Leave Herein,
It I Mated that the sultan contem
plates making a tour of ths' Astatic
provinces of ths empire. Since the
deposition of Abdul Hamld there has
been a dally exodus of ths women of
ths Imperial harem from the Tlldls
Kiosk. TLesterday forty-flve oarrlag
mm Uih containlna- two or three wo
men, and today fifteen more', were
seen proceeding to Btamnoui. tt is
evident that the total number of fair
nMN... In th Mlera must havs
been prodigious. In the chamber of
deputies today a telegram was reau
announcing a revolt of Druses, a fa
natical religious sect of syrlans In
Haurlan, a district of Syria east of ths
upper ordan. Troops hav been or
dered to proceed there at once.
ATTEMPT TO INCLUDE
SOFT ORIS III BILT
Amentrnent Offered to Flor
ida "Dry Law" to Ex
elude 8ale of Coea Cola.
(By Aseoulatd Press.) j
TATXAHABBEE, Fla., May 3 An
effort was made In the house late to
day to amend a bill prohibiting the
sale or giving away of certain nar
cotics aa to Include Coco cola, wnere
ii pen a lively skirmish followed but
the hour already set for adjournment
rih.d before a vote was taken.
A test vote, however, came when a
motion to lay the amendment on the
table was defeated. The matter comes
up again tomorrow.
Representative Blokes, of Escambls
county, offred the amendment de
claring there are more" coco cola
fiends than any other kind of dope
fiends." Representative Miller said he
knew of persons who had become
mentally deranged through the use of
this drink.
Those opposing the amendment
charged that It wss offered for the
purpose of preventing the final pas
sage of the bill but this was vehe
mently denied.
(senator McMulleln Introduced a bill
which If adopted will prevent the
shipment of liquor Into "dry" sections
of the state.
VEOACY FOIt TCSKEGEE.
(By Associated Press.)
BT. amWH. Orb., iMay I The
wll) of Theodore B. Hosgland, a cap
italist who died last week was filed
today. Among the bequests are tl
000 to the Tuskegee Institute and
$10.(00 to the various departments
of the Methodist Episcopal church,
South. To th Bhutln society of New
York. Mr, Hoagtand leaves 1 10 and
hi wheel chalra He had been aa
Invalid nearly forty years. ,
Decision Does Not Forbid
Railroads Owning Stock;
In producing Corporations ,
WAY NOT-TRANSPORT , ,
THEIR OWN PRODUCTS
Clause Declared Unconstitu
tional Below Upheld, and
Case Is Remanded
WABinNUTQN, .May l.It ha
bee msay -a day sine a decision' of
the Supreme eourt of the United
States ha fceen received With, so much
Interest as wss manifested today la
the decision of that court In what are
known a the "cemmodltles clause"
cases, affecting the anthracite coal
carrying railroads, - ' 1
These oases had been decided bf the
United Htatc circuit eourt tor th
eastern district of Pennsylvania fa
vorably to th railroads tit that th
clause of the Hepburn rat law, which
prohibit Interstate - railroads from
carrying commodities manufactured,
mined, or produced directly or' Indi
rectly by the roads was declared un
constitutional, end the general lm-
ftreaslon bad been that the decision
would be affirmed by th Supreme
court. When, therefore, there wa a
reversal Instead of an affirmation, th
Interest was much.magntnei!. When,
attain: It was found that th reversal
was Diwau oil ifvimwsi . gnrunu, u4
that the effect was really favorable to
the railroads, sentiment took, anothe
turn and those who bad been anxious
ly awtltittg the announcement ot th
result found themselves much pus
sled. . H , , :
. L.. Only, Om Plswnt, -The
court's JuiUmeiil , wa . n
noilnoed by Justice. White, who whil
he' read torn an nlabort , printed
opinion, declined to give out anything
more than a summary showing th
net result vf th court's finding, Thar
was also surprise over th fact that
there were no elaborate , dissenting
lug opinion of any kind. The dissent
was announced by Justice Harlan,
who in a fsw words stated that he did
not follow the conclusion of th eourt:
on the one point that th law doe
not prohibit th railroad ownership
of stock In commodltlss-produclnf
companies. - "... -,';:w:f.f
Gist of DopMob. ,' '.'
Analysed, Justice White' decision
Is that congress did hot transcend Ha
constitutional authority In th enact
ment of the commodities provisions
but on the other hand, It was held
that the government' construction of .
th provision had 'been entirely to
comprehensive. As construed by th
court, the sole object of th claua I
to prevent carriers from being ase
clated In Interest with th eommodltIM
transported at the time of transport
tatlon of articles, when they hav been
produced by a railway company which
has not. In good faith, parted with
them; whan the company owns or
controls, In whole or in part, the
commodity to be transported, and
when the company ha an Interest di
rect or indirect n ths commodity la
Centlnnsd on THure Me.
REDEEMED Jt MIILIO!
OF FRAUDULENT PAPER
Van Vlissengen Hounded by
Men in Complicity Played
Crooked flame Square.
(By Associated Press.)
CH ICACIO, May I. Peter Van Vlls
slngen., a former real osteite dealer,,
who is serving a sentence for forger'
lee amounting to f 1.100,000 completed
the story of his twenty years crims
before referee Frank U Weaa to
day. Van Vllsslngen was questioned
again as to his relation with Bern
hard Rosenberg snd Maurice Roeeu
feld. Chicago financiers, who. ba de
clares, forced him to carry on mora
forgeries In order to pay back what
he had fleeced from them after he had
confessed his practices to them Jn
104. He named several men whom,
he said he bad told Rosenberg and
Rosenfeld he was victimising.
"Rnsenfeld particularly was hound
ing m to dtth for money." said Van
Vlissengen. "I was getting It faster
than wask safe for any of ua"
"Did you tell Rosenberg and Rosen
feld how you made the forgerie and
about the electric light system (for
tracing signatures) that you used T
"Tea."
"How mucn lorgeq paper am yww
redeem between th years lt and)
iiotr j - '-
-About 1., In bogus paper.--