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