THE ASHEVILLE CITIZEN.
THE WEATHER:
- COLDER.
Citizen Want Ads Bring
Results.
ASI1EVILLK, N. C, WEDNESDAY MORNING, .JANUARY 4, 1911.
VOL. XXVII., NO. 75.
PRICE FIVE CENTS
L
T
RAILROAD EVENT
Southern Rallwav Celebrates
: HrstTrlplFromlThe Sea
to QueenCity
NEWSPAPERiMEM AND
OFFICIALS HOBNOB
Cities Along The fcWay Turn
Ef Out to CIvelNew Train
Royal Welcome j&
CINCINNATI, O.. Jan. 3. Unking
In one night the balmy breath of the
blooming magnolias with the froion
Held of snow and Ice, "the Carolina
special," the Southern railway's new
fast train between Charleston and
Cincinnati arrived here this morning,
bearnlg high officials -of the South
ern and newspaper representatives
from the larger cities enroute. The
train was met at the Grand Central
depot by representatives of Mayor
Sehawb of Cincinnati to whom Mr.
Adolph Kohn ot Columbia, carried
fraternal greetings from the mayors
of Charleston, Spartanburg. Colum
bia, Ashevllle and Knoxville: In ac
knowledging the letters, Mayor
Sehawb congratulate dthe Southern
on the final realisation of a long cher
ished dream.
8. H. Hardwlck, passenger traffic
manager, responding for the South
ern, gave in brief detail the events
which led up to the inauguration of
the Carolina special, which, he said
was planned one hundred years ago.
It remained for President W. VV. Kin
ley's efficient administration to bring
these plans to happy fruition.
Triumphant Journey
The progress of the train through
the smaller towns of North and
South Carolina was featured by as
much interest as Is usually accorded
the first train over a new railroad.
The visiting railroad officials and
newspaper men were entertained at
luncheon by the Business Men's club
of Cincinnati, and the balance of the
afternoon was spent in sightseeing.
The newspaper men aa the guests of
' fh ' feouthenf f ft'iid 'the v" "Queen and" '
Crescent railroads were accorded
every courtesy by the officials who
placed special pullman and dining
cars at their disposal.
At Danville, Ky., this morning the
entire party was met and welcomed
by VV. A. Beckler, O. P. A. of the
Queen and Crescent, and were later
(Continued on page four)
POSTAL SAVINGS BANKS
ARE PROVING POPULAR
Depositors Prompt to Avail
Themselves of Privileges
Offered
SCRAMBLE TO BE FIRST
OLYMPIA, Wash., Jan. 3. The
firBt postal savings bank In Washing
ton was opened in the Olympla post
office today. Eight men presented
themselves within as many minutes
to make deposits, each putting in one
dollar. Within an hour, 33 persons.
Including one woman? had presented
themselves, had made deposits. There
was a steady run all day.
SMALL DKPOSITOHS
MIDDUSS'BORO, Ky.. Jan. 3
The first postal savings bank In
Kentucky opened at the Mlddlesboro
post office today. Twelve deposits
amounting to lf0, were made shortly
after the opening.
BOY BUYS PIIIST CARD
PHlNCKToN. Ind., Jan. :i. IJvely
interest attended the opening nf In
diana's only postal saxings hank in
this city this morning and many made
deposits during the day. John Bren
rian, lfi years old wan the first person
to buy a savings card, and one stanp
representing a total of twenty cents.
l.v r;ixKa v
BRUNSWICK. Oa Jan. 3. With
sever.; accounts of $100 each, the
limit for 1 month's deposit from one
person, the experimental postal sav
ings bank for Georgia was opened
here today. Several accounts of ten
cent each were started by the cer
tificate plan.
IN MASSACHUSETTS
BOSTON. Jan. 3. Postal savings
tanks were opened In one town in
every New England state today, and
while the volume of business trans
acted waa not of very large propor
tlons, it I reported to have more
than fulfilled the expectations of the
local postal officials. 'Norwood,
Mass.: Bristol, R. I.; Berlin, N. H ;
Rumford, Me.; Montpelier, Vt; and
Ansonla, Conn., were the tawns chos
en for the experiment In New En
gland, . a,.,. . '
CAROLINA SPECIA
MARKS
DREG
ROOSEVELT LIBEL
ICASE THROWN OUT
BY SUPREME'COURT
Indictments Instigated by the Col
onel WhilePresidentA gainsiN ew
YorkWor1dlQuashedfor Lack of
Jurisdiction.
WASHINGTON. Jan. 3. By unan
imous decision the Supreme Court of
the United Stales today decided that
the federal govoVnmnt could (not
maintain the so-called "Panama
canal libel suit" against the Press
Publishing company, of New York,
in the Federal courts of New York.
In so holdlnir, the court affirmed the
decision of the Circuit court of Un
united States for. the southern dis
trict of New York w-hlch had quash
ed the famous Indictment.
In effect the decision was that the
Federal court had no jurisdiction
over the alleged offense, because the
case might Wave been brought in a
state court.
Instigated by Roosevelt.
The Press Publishing company,
publisher of The New York World,
was indicted In March, 1909, In the
Circuit Court of the United Slates
for the southern district of New
York on a charge of libel. In ef
fect the alleged libel was the pub
lication of articles, slating that
Chas. P. Taft, Douglas Hoblnson and
Wm. Kelson Cromwell, . with J. P.
Morgan and others, obtained control
of the Panama canal route for about
13,000,000 and by the co-operation of
Theodore Roose'elt, then president
of the United States, and brother-in-law
of Mr. Robinson and Wm. II.
Taft, then secretary of war, and
brother of Mr. Taft, were enabled
to effect the sale of the Panama
canal to the United States at a prolit
of 136.000,000.
The United Statps claimed Juris
diction to punish the tillcged libel on
thta theory that the publisher had
commlted a crime upon federal ter
ritory at West Point, N. Y.. and In
the postoftice building in New York
city.
It was argued that wherever the
papers containing the alleged libel
ous articles might have been print
ed they were technically "published"
upon these federal reservations, and
that the federal government had the
power to punighl such publishing.
. ,. -Indi))mCBt Quasbod. - . W
The indictment was quashed oh
the ground that the court was with
out Jurisdiction of the crime of libel
charged In the Indictment. The
United States appealed from this
construction of the statute under
which It claimed thle indictment was
authorized.
The decision of the court today
dealt entirely with the act of con
gress In 18 98, under which the in
HELD CONSTITUTIONAL
BY THE SUPREME COURT
Judge Luriton in Announc
ing Decision Says it Does
Not Affect Contracts
SEVERAL PLAINTIFFS I
WASHINGTON, Jan. 3. The new
policy of law making an initial carrier
of interstate commerce liable for loss
to shipments while in transportation
t.ot only on Its lines, but
tlie lines of connecting car
riers, was today declared unconsti
tutional by the Supreme court of the
United States. The policy was In
corporated In the so-called "Carmack
amendment," to the Hepburn rate
law enacted by congress in 190;.
Justice I.urtan announced the opin
ion of the court. Strangely enough
Justice Lamar, who today took' his
place as a member of the court, ar
mied tile case before the court on
behalf of the railroads.
Cine objection to tin law was that
It. Interfered with the freedom of
eoni rai l. Justice Lorton replied that
there was no such thing us absolute
freedom of contract.
"Contrac t which contravene public
policy." said Justice burton, "cannot
he lawful at all. and the viewer to
make contracts may In all cases be
regulated as to form, evidence and
alidify as to third persons. The
power of government extends to the
dental of liberty of contract to the
extent of forbidding or regulating
every contract which is reasonably
caleulntcd to Injuriously affect the
public Interest,"
The constitutionality of the amend
ment to the Hepburn rate law was
attacked by several railroads on two
broad grounds. One was that It in
terfered with the liberty of contract
not only of carriers, but of shippers.
The other was that it Imposed liabil
ity upon the railroad company which
was the Initial carrier for lofs on con
necting lines, when the former had
no part In the management of the
latter nor any control over them. In
effect, !s was said that the Initial car
rier wus made responsible for other
companies' wrongs.
dictment was brought. The effect of
this act was to incorporate the c.rlm
inal laws of the several states In
force n July 1, 189S, Into Mve fed
cral statutes and to make them ap
plicable to federal reservations with
in the various states. Among these
statutes Was a New York libel law.
The court, through Chief Justice
White, stated, that, while the statute
left no doubt where acts were done
on resesvations which were
pressly urohiibited and punished as
crimes by a law of the United States,
that law was dominant and controll
ing, yet. on the other hand, where
no law of the United States had ex
pressly provided for the puishmcnt
of offenses committed on reserva
tions, all acts done on such reser
vations which were made criminal
by the laws of the several stales
were left to be punlahled under the
applicable state statutes.
For Mate Courts.
Chief Justice White said that the
investigation plainly established:
"First, that adequate means were
afforded for punishing the circula
tion of a libel on a United States
reservation by the state law, and
In the state courts, without the ne
cessity of resorting to the courts of
the United States for redress.
'ISecond, that resort could not be
hiad to the courts of the United
States to punish the act of publish
ing a newspaper libel by circulating
a copy of the newspaper on the res
ervation upon the theory that su'h
publication was an independent of
fense, separate and distinct from
the primary printing and publishing
of 01i' libelous article within the state
of New York without disregarding
the law of that stato and frustrat
ing the plain purpose of such law,
which was that there should be but
a single prosecution and conviction.
-These propositions being- tr; fj
follows in the light of the construc
tion whkflil we have given the act of
1898 that the court was right in
quashing the indictment as not au
thorized by that act. No other con
clusion, we think, was possible a
the court could not sustain the In
dictment without gUlng to the stat
ute a meaning directly conflicting
with Bhie construction which wo have
affixed to It."
THE SOUTHERN STATES
Snow In Central and North
ern Parts of The Gulf
Staites
COLDER IS FORECAST
ATLANTA. Ga Jan. 3. t'.Iizzard
weather which has been riding intc
the South for the past two day
reached the Oulf and Smith Atlantic
stato today. Freezing temperatures,
following heavy rains were '(.'ported
from various points in Mississippi,
Alabama and Georgia, Ice forming at
far south as Mobile. Snow was gen
eral throughout the northern and
central parts of the Oulf states.
General heavy rains In all the South
Atlantic slates today were followed
by falling temperatures tonight ami
the full strength of tho cold wav
is expected tomorrow.
CKNTURV1LLK, Ala.. Jan. 3 Af
ter a continuous rain lasting for 4S
hours. It began snowing here at an
early hour this morning and th
ground is now white with snow and
the wind Is blowing at a high rate.
The weather is bitter cold. f'n
account of heavy rains In tnts sec
tion the Culm ha river Is higher than
It has been in a year.
KKOKI-; TO DKATII
M'MIILn Ala.. Jan. 3. T. A
Hampstead. need 60, who lived alone
on a small farm near Wheelervllle.
on the outskirts of city, wns found
frozen to death this afternoon In a
field adjoining his tiome.
ROUTED BURGLARS
WITH HER HAT PIN
green wood, a. c, Jan., a.
Stabbing and scratching with a hat
pin. Miss Kuth Pinson. a college
girl, home for the . holidays, today
fought a burglar who took to his
heels when the girl's father came to
the rescue. There la no clue to the
Identity of the burglar.
During the scuffle the burglar aim
ed a knife blow at the girl' head,
the - Made cutting off about half of
her hair, whseh waa "done up."
I- KiirwMa ) backyard I 3SaffiM?
,H&L 'W' 'fe&s
POLICE AND MILITARY OF
FIERCELY
Thousands of Spectators Watch Stronghold Finally Burn
r
f, Jan.lj. All U
id by af terrific bi
LONDON, Jan.4,3. All London ha
been stirred by ftj terrific battle wag
ed today between Anarchists on the
one side, and hufidred of police. In
fantry from the lower, And artillery
men on the otlfr. How many of
the anarchist' tlok'part In the en
gagement, which! was fought In and
around a barricade house la Sidney
street-In the asj end, is not definite
ly known, but si far, as a result of
Weetora'WHwmTtrM
structure, portion of only two bodies
have been .discovered. ,The remains
consist of the trunk and part of the
head of one man, and a few charred
bones of another.
It is the opinion of some that the
two desperados alone for many hours
held the police and military at bay.
Thousands (locking from all parts of
tendon, witnessed the thrilling spec
tacle a steady rain of bullets, Hash
es of fire, smoke pouring from the
windows, the house in flames, and
finally men on the roof, shouting
defiance and falling into the seeth
ing mass below.
ArllUcrj Called. Out.
A police sergeant, searching for
the burglars who only a few nights
ago killed four policemen, wi s re
connolterlng around the Shint y street
ilen In the early hours of the morn
ing. Suddenly a shot was fired anil
run sergeant fell with a bullet j
through the lungs. A call for police 1
NATIONAL LEAGUES WILL
OPEN SU APRIL 12
Two Big Leagues This Year
Will Play Series of 154
G-ames
CINCINNATI, O., Jan. S For the
eighth successive time August llerr
man of this city was selected chair
man of the National Baseball com
mission at its annual session this af
ternoon. John ii. Bruce, one of the
principal owners of the St. Ixisils
American leaguge club, was likewise
re-elected secretary of the commls
Klon. The schedule committee of the Na
tional league e. ms-lstlng of President
Thomas Lynch, Secretary John Ileyd-
er and Barney Dreyfus, president of
the Pittsburg .lub, met with Prsl
ilrnt Han Johnson, who represented
the American N ague schedule com
mittee and announced that while, tho
schedule for the two leagues hod
been practically ompleted and adopt
ed, yet nothlris would be announced
regarding the ilates at this time. It
was stated unofficially, however, that
the two seasons would open on the
same day and 'hat this day would
probably April 12. It was also
stated that the two schedules as
drawn up arc for a series of 164
games.
The chairman's annual report rec
ommended that a rule be adopted to
prevent drafting abuses and this was
adopted.
COSTLY PAINTING
DESTROYED BY FIRE
LITTLE ROCK, Ark., Jan., 3.
Property cflmprinlng an entire busi
ness block and valued at one million
dollar was destroyed by fire here
today which originated In the Hol
lenberg Moekal company' building.
Two paintings valued at $60,000,
"The Wagonsmlth" and "Venu de
Mllo" also wr destroyed.
Open Season For "Ducks"
BATTLE WITH
Who Withstood For Hours a Steady
of Bullets.
was sounded and the entire neighbor
hood wus cordoned; people were drlv
en from their homes, and pitched
battle began between those fortrassed
In the house and hundreds of police
men. The Scott guards from the
tower were hastily dispatched to the
scene and later a battery of artil
lery with a gatllng gun arrived at
double quick. Their piece were
placed In position but they did not
A steady stream of' bullets between
the contending force, and the
guardsmen took up sheltered posi
tions, firing volley ater volley Into
the house. Straw whs cast In all
directions and lighted In the hope
that the desperados would be smoked
out. At last sparks were observed
shouting from the window, accom
panied by clouds of smoke and here
and there a Jet of flame. A detach
ment of firemen stretched their hose
and threw water on the tfljolnlng
structures. Boon they directed their
streams against the strong hold of
tlm desperadoes, which wss now
burning fiercely. Driven from the
lower floors the anarchist mule their
way to the roof where, It teemed to
the watching thousands, scverol I
forms could he perceived amidst the
driving smoke.
Stronghold Burned.
Then the roor crashed nnd With
It the men. Not since the news of
SEVENTEEN PERISHED III
Church on Mexican Hacien
da Burns While Congre
gation Worshipped
MEXICO CITV. Mex., Jan. 1. Fire
n? panic broke up a New Year's
rellgous celebration In progress In a
church fin a hacienda near San Luis,
Potosi, and cost the live of seven
teen and serious Injury of mo'c than
eighty, chiefly women and children
today. News of the disaster reach
ed this city today.
The victims were workmen employ
ed on the hacienda und members of
their families. Tile church, which
was a small affair, was packed to
its utmost capacity. A candle fell
from its socket and Ignited a uuantl
ty of dry mows with which ihe build
ing 'was decorated.
AVIATOR HOXSEY IS
LAID TO REST!
PA.SAOKNA. Calif., Jan., S. The
funeral of Arch Hoxsey, the aviator
who was killed last Saturday on
Domingucz field wa held here today.
In deference to the wishes of Mrs.
Minnie C. Hoxsey, hi mother, the at
tendance at the funeral waa restric
ted to Hoxsey'a personal friends
among the aviators and his former
associates In his home city. The ser
vice was held In a small mortuary
chapel.
Glenn IT. Curtis, Philip C. Parma
lee. Eugene Ely. Walter Brookins,
Jas, Rjtdlcy, Hubert Latham, and
Chas. F. WHIard were pall bearer,
officials of the aviation meet Just
closed Joined today in a plan to er
rect a monument to the memory of
Hoxsey on the spot where he met his
death. The field will be used aa a
permanent aviation park.
LONDON
ANARCHISTS
Over Heads of Desperadoes
Stream
the British disaster at the ' opening
of th South African campaign ha
the country been o aroused a by
today' scene at Stepney. - "iha news
paper call loudly (or It mor et
fecilve mean of dealing witn the
growing, terror of alien emigration
no doubt being held that th det
radoe who (ell today war . anar
chists. A search ' of, the mategea
house after th ruin had cooled
1M11 reveal -h '-uptxmrd tart
number of what appeared to oe metal
dynamite bomb in an unfinished
Mate. At present there I no evi
dence that th house had any other
occupant than the two whose char
red bodies were found,
Immense crowd of sightseers ur
rounded the neighborhood until
lale hour tonight but a strict guard
was maintained and It wa Impo
slble for those without authority to
get close to the halt wrecked build'
intf.
Two famlllea who occupied the
lower floor of this building were
withdrawn by the police before th
fighting began and they profess to
know nothing of how the depera
does gained access to the house, The
latter appear to have been In rooms
rented by a Russian woman, Bessie
tlershon, who I now under arrest
with other suspect but again!
(Continued on Page Four.)
BUNK GUARANTEE FUN OF
OKUHHOMA IS UPHELD
Supreme Count Decides
That Provision Is Entire
ly Constitutional
WASHINGTON, Jan. . The ban?e
guaranty law of Oklahoma, Kebra
ka and Kansas were declared today
constitutional by the Supreme court
of the United State and thus the
fight over the establishment of th
policy of guaranteeing through the
state of deposit in bank wa won
by the advocate of such a policy.
The opinion of tho court in the
cases was announced by Justice
Holmes, he said the main objection
to the laws was that the assessment
of banks by the state In order to
create a fund to guarantee th de
posits In other bank within the
state took private property of one
bank for the private use of another
without compensation.
"In the first place," said Justice
Holmes, "It I established by a crle
of case that an ulterior public ad
vantage may justify a comparatively
Insignificant taking of private prop
erty for what. In it Immediate pur
pose, I a private use. Tho police
power," he said, "may be put forth
In aid of what 1 sanctioned by usage
or held by the prevailing morality or
strong and preponderant opinion to
be greatly and Immediately necessary
to the public welfare." -
The law came within this limit,
he held.
OOLIER WEATHER COMING.
WASHINGTON,, D. , C, Jan., I.
Forecast: North Carolina, rain, fol
lowed by clearing and much colder
with a cold wave Wednesday, Thurs
day fair and continued cold brisk
west and northwest wind.
DOIIVD IS CHOSEN
E
fly
AH Opposition Withdrawn In
Favor of Man From Meek
' lenburg
PHARR PRESIDENT
PRO TEM OF SENATE
Democratic Caucuses Held
Last Night Were Harmon-,
lous Meetings
riALKiaii, n. c. January J.
W. C. tvowd, of Mecklenburt, a
chosen tonight by acclamation In the
caucu of democratic member a the
democrats nomine, tor sprakcr,
Which mean that he will receive th
unanimous voU of the 101 democra
tic member of th house tomorrow
when the organisation for th im
pending ality day' session h.
leaislatura take iilaoe. There had
Been sirenuou contest between rkiwd
and Koonc du.ng the day in earn,
psignlng among mem berg, but It be-'
cama known early In' the evening
befor th caucu assemblsd that
Koonce had withdrawn and Dowd
would bav bo opposition, --
After the convening of tha rinon.
at 8 o'clock and th selection of Har
ry Stubb, of , Martin, permanent
chairman, th selection of the auea
kr waa first In order. Koonce of
Onslow wa reconnlitedamld p
plans, and said that, ha. had never
lon cuiiiromeu, witn a greater op
portunlty ta apply the Oolden rule
than In the act of naming ome one
else for the high office of which he
had aspired. He proposed ftowd for
peaker "gifted editor, loyal dem
ocrat nu gracloii churchman."' -
By Acclamation. , .
A motion for selection by acclama
tion waa mad . by . Represenntlv
Doughton of Allegheny, Thi wa
quickly carried and Doughton, Tur
lington and Koonce directed, a a
peo4al committee, to bring the new
speaker Into the houe. i' 1 '
Mr. Dcrwd Waa vlalbly affeoUd. "If
I know my heart tonight," isnld he,.
t care nothing for .this except aa It .
represent, a believe, an expres
sion of your confidence-and eateem,
And with that added, I eannot find
word to expre . my appreciation."
IT appealed for co-operation In mak
Ing thl sloti hlstorlo In He foster
Ing car of th educational. Indus
trial and agricultural Interest. -OUm
Officer.
The caucus then proceeded with
th selection ef other officer for th
house. " On motion of Representative
Hpalnhour of Burke, T, don, Cobb
wa re-elected principal clerk,
F. B. Arrendell, of Wake, and t.
Scott Pool, of Cumberland, were pre-'
posed for reading clerk and Pool won
6 it to 10. Ha I editor of Fact and
Figure, published , at Jtaeford. '
For engrossing clerk, Q. K. Oard
ner.'of Mitchell! Bob D. Howell, of ,
Montgomery, and M. t. Klnaland -ware
proposed. The vote waa Kin
land SI, Gardner IS and Howell I, -Klnaland
being re-elected, .
Oeorge L. Kllpatrlck wa re-elected
ereant-at-arm, receiving . TH
vote, against SS for J. if, Kerr, of
Caswell. '
For assistant ergaant-at-rm
there were eight name proposed
II. D. Jams of Halifax, Fikher of
Roberson, T. C, Kay of jWake, 3. H.
Rogers of Greenville, J. R. Bate of
Johnston, w. M. Blalock or xnirnam,
J. II. Winchester and J. R. Smith of
Lulln. James of Halifax wa oho
en, receiving 4 vote In th first 1
ballot.
Itiarr Prwddcnt Pro Tro '
Benstor H, N. Pharr of Mecklen
burg wa chosen a th party noml.
nee for president pre tent of th
senate at the caucus ot th demo
cratic senator tonight. Th caucu ;
wa culled to order by Lieut, Gov.
(Continued on Pag Three.)
KING OF GYPSIES LEAVES
HIS SUBJECTS I JAIL
Refuses to Pay Costs in
Habeas Corpus i Proceed
ings and They Languish
WADBSnORO. N. C, Jan. I. Th
trouble of th Oypsle ootlnue.
When "King" Emll Mitchell gave hi '
bond Saturday night and wa re
leased, he did not pay the cot (n
the habeaa corpus proceeding which ,
had been taxed against him by .
Judge Adam when the decision wa ,
given. Thie bond for th other ten
Oypsle war mad today and Sheriff
Lowary, acting under th advice of ,
his attorney, refused to release th ,
men until th costs, amounting lo
126, were paid.
King' Mitchell refuse to 'play
that amount and said that the men .
could stay In Jail until court met -
The January term of the Superior
court ha a very heavy docket and .
the addition of the cues make It
still worse. It la understood here
today that the Stephen John clan
will take ont warrants charglnx rob
bery In addition to the assault case.
SPEAKER OF K
ACCUIITi