EVILLE CITIZEN
THE WEATHER:
FAIR
Citizen Want Ads Bring
Results.
VIL. XXVIL, NO. 76.
ASI1EV1LLE, N. C, THURSDAY MOHNIXO, JANUARY 5. 1011.
PMCE FIVE CENTS
GALLAGHER GETS
TWELVE YEARS FOli
The Last Straw.
OLD NORTH STATE
TO
BROAD VIEW OF
TIAVALSTORES CASE
THE
SNEM1IS
RAILROADS
WANT
ASKED
REVIEW
CITIES AND TOWNS
SITUATION TAKEN
SHOOTING GAYNOR
Sherman Anti-Trust Law Is
Characterized as
Very Bad
OFFICIALS WERE
SENTENCED TO PRISON
Famous Case Was First of
Kind to go Before Su
preme Court
WASHINGTON. Jan. 4 -Officials
of the American Naval Stores corpo
ration filed a petition in the Supreme
court of the United States today for
a review of (their conviction in the
Federal Circuit court of Oeorgia of
violating the Sherman anti-trust law.
The officials convicted were Kd
mund S. Nash, president of the
American Naval Stores company;
fr'pencer P. Shotter, chairman of the
board of directors; J. S. Cooper My
ers, vice president; George Mead
Boardman, treasurer, and ("arl M oi
ler, manager of the company's branch
at Jacksonville. Fla. ,
Shotter and Myers, according to the
petition, are the first men sentenced
to imprisonment for violation of the
Sherman anti-trust law whose cases
came before the Supreme court. The
petition was filed by former Sena
tor John B. Spooner and Samuel B.
Adams. The officials were convicted
in the United States Circuit court for
the southern district of Georgia on
charges of conspiracy both to restrain
and monopolise trade. They had been
Indicted' in connection with the Amer
ican Naval Stores company and C. L.
DeUoach.
The verdict of the Jury made no
return as to the corporations a rut the
government abandoned the. case
ajalnst DeLoach. The conviction was
affirmed by the Circuit Court of Ap
peals for the fifth circuit. There the
ease will end unless the Supreme
court acts favorably upon the peti
tion presented today, and directs the
Court ef Appeals to send up the en
tire case for review.
Of Great Importance
Mr, Spooner and his counsel urge
in their petition that questions are
raised in the case which are of great
importance to the business world and
to the legal profession. Hope is ex
pressed that "the distressing uncer
tainty" of the penal sections of the
Sherman antl -trust law may be re-
sjissaisaSjgajssWa
(Continued on puge four)
SUPPRESSED REBELS
CONTINUE TOJUDSE
HE IN
Capture Another Town and
Threaten Whole Prov
ince
END NOT IN SIGHT
MEXICO CITY, Jan. 4. Suslpurl-j
achlc, a town of 3,000 inhabitants,
south of San Andreas In the state of
Chihuahua, is reported to have fallen
into the hands of the rebels. The
town is of little importance strategic-,
ally.
Jose Munost,. its Jcfe Politico, who
Is connected with having saved Gen
eral Navarro from disaster in Mai
Pasco canyon by slipping past the
Insurgents and giving warning of an
ambush is said to be serving as a
guide for Navarro on his march to
Cuidad Guerrero. Navarro is believ
ed to be now .on the way froit 1'eder
nales to assault Guerrero where the
rebels have gathered for some time.
Newspaper specials from Chihua
hua state that Nacozari, a mining
camp in the state of Sonora. is threat
ened by a body of revolutionist, be
lieved to be a portion of -those from
Mai Paso.
From the same source it is learned
that Lieut. .Cel. Julio Gervaates has
recently had an encounter near the
Mormon colony of Janos in Chihua
' hua. fter a fight lasting two hours
the rebels fled northward and are be
lieved to have crossed the frontier.
ALABAMA IXAt Gl'ItAL
MONTGOMERY. Ala.. Jan. 4 A
parade more than a mile tn length
the presence of l.OOt) or more visi
tors in the city: seven brass nancs;
a thousand cadets from various mili
tary schools of the state; 2,500 of the
Alabama national guard; zuo auto
mobiles: the inaugural ta1: the
soeech. of the incoming governor and
all of the traditional features of the
Inaugural day hi Alabama will make
January 1 one of the most memor
able occasions known to Montgom-
eriana, ' . '
Interstate Commerce Commit
tee Investigating Freight
Rate Making
ADVANCE WARRANTED
BY INCREASED WAGES
Claimed That Returns to In
vestors at Present Are
Not Excessive
WASHINGTON, Jan. 4. Freight
rate construction, as. a whole, and not
with relation to any particular article
of tranaportation whether it lie a
commodity or be embodied in a class
Is the principle issue involved in the
investigation now being conducted by
the interstate commerce com mission.
It is the contention of tho counsel
for the railway lines in official classi
fication territory tiled with the com
mission today, the brief points out.
that it is claimed that the carriers
had discharged the burden of proof
by law "because they have failed to
establish by affirmative proof tho rea
sonableness of the proposed increase
on each specific article of the many
thousand articles embraced In the
official classification, the rate on
which will be advanced If the ad
vance in elag rates becomes effec
tive." This, it is submitted, "Is a totally
erroneous view of the caw. If the
companies have demonstrated, as wp
believe they .have, that an advance
in the class rates Is warranted, and
that the advance proposed to be made
therin are reasonable, then It neces
sarily results that the reasonatilenesr
of the advance as applicable to all
articles embraced in the classes, has
been thereby established,"
The contention Is also made that li
the freight charge for the trans
portation of any article can be dem
onstrated to b too hlgh, that does
hot affect the whole class, hut merely
means that the classification of that
article ought -to be changed.
It in urged that, in the view of the
shipping public the rates prior to re
cent advances In the wage scales,
were not too high. Some believed
they were too low, therefore, In vlevv
of counsel for the carriers- the con
siderable increase in operating ex
pense of the roads furnishes on its
(Continue! on page four.)
GOVERNOR DiX HOPES
TO SAVE VAST AMOUNT
B! RIGID ECONOMY
Message Makes Many Sug
gestions For Retrench
ment DEMOCRATS TO AID
ALBANY, N. Y Jan. 4. At It ast
Jl.000.0il0 is the sum Governor I'lx
expects to save the state through the
adoption of econombis he recom
mended to the legislature in his first
annual message. Suggestions for re
trenchment by abolition of pome slate
iffleers and consolidating others con
stituted the principle recommenda
tions of the message. The governor's
onomy message drew the first de
ate of the session when Si n.itor
Ntwcombe (republican of New iorK'
asserted that the nwe governor would
lind himself powerless to bar the av-
itue to plunder. President L'ro Ti m
itobert K. Wagner came to the de
fense of tlu-se whom Ncvvcemle' as
sailed and on luihsir of the demo
cratic majority pledged himself to aid
the governor in his plans for a "busi
ness administration."
Both house, alter electing their
permanent officers, took a recess un
til January 12. Governor Dix in his
message finds a startling tendency
of late to increase annual expendi
tures, both of money raised by taxa
tion and money borrowed by the issue
of state bonds.
Tho governor points out that from
1903 to 1910 annual expenditures in
c nased at the rate of J1.&0SU6S; 48
per cent per year.
Governor Iix finds that the ten
dency to excessive expenditure is
shown tn the accounts of all the ad
ministrative departments of the state
The governor recommends "a revision
of the election and primary laws of
the state so as to provide for a sys
tem of direct nominations state wide
in its application."
Personal registration of all voters
rnd amendment to the federal legis
lation permitting the enactment by
congress of an income tax and elec
tion of United States senators by pop
ular vote.
Jury Out Forty Minutes After
Trial of Less Than
Day
WITNESS SHOWS HOW
DEED WAS COMMITTED
fhe Wheels of Justice Moved
Swiftly In New Jersey
Court
NEW VOUK. Jan. 4 James J.
Gallagher, who shot Mayor Gaynor
last August, was sentenced today to
12 years Imprisonment, lie was con
vlcted in Jersey City on a warrant
charging him not with shooting May
or Gaynor, but with assaulting with
intent to kill Wm. 11. Edwards, com
missloner of street cleaning of New
York. The Jury was out forty min
utes and the. trial lusted but a por
tion of one day. in addition to the
12 years Gallagher will have to stay
in prison until the cost of his prose
cution has been paid by prison ser
vice. He showed no emotion when
the verdict was read or sentence
pronounced.
Two of the men who found Galla
gher guilty also served on the Jury
which yesterday declared him sane.
Commissioner Edwards was a wit
ness for the state. He recounted the
ene on the deck of the trans-Atlantic
liner on the morning when
Mayor Gaynor planned to sail for
Europe. He told how he had seized
Gallagher an Instant after the shot
which wounded tho mayor had been
fired, Edwards grasped the prisoner
about the waist to show how he had
been wounded by a second shot from
Uallagher's revolver. Gallagher offer
ed' no objection to the llustration.
Each side took fifteen minutes to sum
u B; 3allahcr"aCBunae4 dcclard..th4
no evidence to show that his client
had intentionally wounded the com
missioner had been brought out. He
said that the shot was fired inadver
tantly during the struggle.
The Jury tiled back Into the room
for further instructions after a few
minutes' deliberation. The court waf
asked if tho Jury would be Justified
in finding n verdict of guilty if they
did not believe that the shot which
f Continued on page fonr.)
GOVERNOR FOSS IS
STILL AFTER SCALP OF
HENRY CABOT LODGE
The "Scholar in Politics"
Is Declared Defeated
Already
ORATORY NOT ENOUGH
BOSTON. Jan. 4. In answer t,
Senator Lodge's speech in Swr phon
hall last night. Oovernor-cloc
Eugene N. I-'oss issued a slTemen'
saying in part:
"Senator Lodge's speceh. of 'las
night whs an eloquent personal rem
inlscence. It told of tho past, bu
not a wonl of the present and th'
future. II there was any doubt a
to the fact that the senator was di
feiited, this speech has complete'
dispelled that illusion. Tor his owi
utterances have defeated him.
"Ho stands pat on the tariff oi
reeiprot ity with Canada, on the in
crease t.tx. on the direct primary, of
tho election ,,f t'nited States sens
tors by popular vote, on the initio
the and on the referendum.
The governor-elect says that upoi
these issued the election was fough!
and won in Massachusetts last fal
nnd declares that Senator Lodg
evaded all these. Issues. It Is now
seen, he adds, that Mr. Loflg Is op
posed to eve ry one of them. Aftei
declaring that Senator I-odge is i
discredited man in the eyes of th'
public, Mr. Koss continues:
"He does not stand for the new
order of thins;?. He does not be
lieve in the right of Uie pe.pie tt
govern themselves. He has ii1 uu
mfstakahly that he does not thini
the people competent to advise theii
public servants. He is a reoct!onar
and be faces to the rear and he be
longs to an era which U alrcadj
dead.
"Massachusetts demands something
besides oratory. Bhe wants a fnan In
the senate who, in the tlrst place
stands for the will of the people
who believes In the people,' whosf
heart and conscience and efforts ar
with the people "
LEGISLATURE
ORGANIZES FOR BIENNIAL SESSION
il in.
, r .-
Democratic Caucus Nominees Are Elected in Doth Branches, a Lone Dili is Introduced
in The Senate,
RALEIGH, K C, Jan. 4 The
close of the first day of the 1911
general assembly finds the senate and
house fully organised and awaiting
the bl-ennial message from the gov
ernor to be received at noon tomor
row. .
The democratic nominees for of
k'&s named last night were duly
elected and Installed today In both
branches, -headed by Senator Pharr
Of Mecklenburtras president pro tera
t-tha'aemitel ad V. C. Dowd, of
Mecklenburg, as speaker of the
house. Special Interest attached to
(lie speech of acceptance by Hpeaker
Dowd, especially his reference to in-
reascd support to stata educational
institutions, he having- been mod-
rator of the Baptist state convention
that protested against increased sup
port as determined to denominational
colleges.
Dowel's Spwwh.
He stirred applause In expressing
Ihe hope that the state's higher in
stitutions of learning would receive
the most generous treatment at the
ids of the legislature, not only In
maintaining standards, but In extend-
on their equipment and scope so
hev will compare most creditably
with those of other states In all re
flects, so far as the needs of the
H.-ite will Justify. He, urged that no
worthy Interests be censured, but
hat public service corporations be
nade to realize that they are the
lervants of tho people and must ob
serve the laws, 81111 he wants every
worthy Interest in tho stato protect-
d and encouraged.
He expressed the hope to 3ee soon
dectrie belt lines connecting the
lirincipal towns of the state, and ap
pealed that nothing he donV " dis
TO
JAIL FOR LICK OF BOND
Insanity Plea on Petition of
Sister Will be Heard
Today
NEW YOBK. Jan. 4. Joseph O.
tobln, banker's promoter and flnan-
lal operator of large undertakings,
vas lodged In the Tombs today on an
indictment charging him with stesl-
ng $80,000 fr- m the Wasnington
Savings bank, of which ho was presl
ient. On his pica of not srul!'" boil
was fixed at Jta.liOO. which v as not
furnished. Hot n's counsel, Former
District Attorn, y Jerome, t-j'd the
ourt that his elient was will. out a
lollar In the w .rid.
Hearing on tie petition of Ttobln's
sister. Dr. Louise Robin voltch, to
'iave him declared Insane. H set for
tomorrow. Th- banker was subject
ed today to a nientM examination b
alienists. They made no report of
their findings, reserving it for the
hearing.
i -
- m SB -jsi'.'s'.f'
WASHINGTON. Jan. 4 Toreeast
for Nwrth Carolina: Generally fair
Thursday and Frldny, continued cold
moderate west winds.
A
m r
4 . ii I
wx.-''lOl III f,, '' 1 'fH',n'knm "
OF STATE FORMALLY
and Adjournment is Taken
Governor Message.
turb the business Interests of the
state.
The house met at noon, former
Principal Clerk Cobb presiding, and
proceeded, after prayer by Kev. J.
U Moncrlef, with the long drawn out
task of swearing In the member.
The oath of office was by Chief Jus
tice Walter Clark. After roH call,,
that showed 118 representatives pres
ent, election of officers was taken, up
and the nomination of candidates for
ueakcr(jvssliv order. - Uegrgs W.
Connor, of wJIsori, nominated WZ'C.
Dowd, of Mecklenburg. Ho declared
the Indications to be that this would
be a. history making legislature and
that the eyes of the people of the
entire state were turned to this ses
sion expectantly. Tho presiding of
ficer should be one of ability and
stand "storms" and treat all fairiy.
Buch a man lie declared Dowd to
be.
For seventeen republicans, Repre
sentative (,'rumplor, of Sampson,
spoke, placing In nomln.Uljii for
speaker ex-Judge H. (1. Bivart, of
Henderson county. Tho Voto show
ed 101 for I)owd and fifteen for
Kwart. Itepresentatlve Turlington.
Kwart and Koonee were sent to bring
Mr. Dowd from the speaker' room.
Chief Justice Clark administered the
oath of' office In due form jnd then
the new speaker made his tinging
speech of acceptance, T. O. Cobb,
of Hurke, was elected principal clerk
and then recess was taken 1 1 'four
o'clock. On reassembling, election of
of fleers completed as follows:
(i. Scoli I'oole. Cumberland, reading
clerk; II. D. Klnsland, of Haywood,
engrossing clerk: tl. (i Kilpatrlck,
of I nolr. sergeant-at-ai tiu; D. II.
James, Halifax, assistant sergeant-at-nrriiH
THINKS MEMBERSHIP
BE
Crumpacker Consults With
Taft About Congressional
Reapportionment
WASHINGTON, Jan. 4 The ques
tion as to how the United States
shell be re-proport toned Into con
gressional districts in accordance
with the 191 A census returns was
diwupsod with the president today
by lf( prcKentutivc Crumpacker, of
Indiana, chairman of the house com
mittee on census.
Mr. Criunpacker thinks tho mem
bership of the. house tthould be In
ereased and is of tho opinion that
there Is no danger of the Imdy be
coming too un."cMy until It has
rem lied tlo five hundred mark. The
bill which Mr. Crumpacker will In
troduce probably will provldo for s
membership of 43r, an Increase over
the present number of 4 03. This
would be on a basis of one lepresen
lative to 211. MO of population. His
committee will have it meeting next
Krldsy and several others noon after
to difceusa the matter
rixii:f in bight.
NASHVILLE. Tenn., Jan. 4 There
lg a strong probability that the leg
islative tension In Tennessee will be
relieved tomorrow by the swearing
In fit sufficient member of ths house
to make a ffiiorum. There rre al
ready t member of the body and
only four others are necessary t"
make a quorum. These four, and
possibly more, are expected to come
tomorrow.
to Await The
These officers were sworn In by
Speaker Dowd. Speaker Dowd ap
pointed Hepresentatlves . Battle,
HUlbbs, Bpalnhour, Wooten and Ken
nedy M the house onmmlttee to no
tify the governor of organisation and
readiness to receive Ills message to
morrow. The speaker appointed as commit
tee on rules Doughton, Koonee, Tur
lington, Connor and Gwartt ,IIouae
adjourned to eleven tomorrow. '
''tTio'Tnltlar session of the senate
mot, ut nmm, Lieut. Gov. W. C.
Newlahd presiding, prayer being of
fered by ftev. Milton A. Barber, of
. nrist church.
Kitehln, of Halifax, was the only
abw,Wroe. Senators were sworn In by
Justice w. A, Howe, of thoi Mupreme
court. Oraham, of Orange, nominat
ed Pharr, of Mecklenburg, to be
president pro tern, referring to him
o an experienced legislator and a
man of ability and discretion, and
superbly qualified for the position.
Waggoner, of Allegheny, presented
the name of Htarbuck, of ""orsyth.
fur the republicans. Pharr received
41 and Htarbuck B. Other officers
elected; W. Otis Self, Jackson, prin
cipal clerk; Mark Squires, Caldwell,
reading clerk; K. M. Htaley, Wilkes,
sergeant-at-arm; W. O, Hall, Cum
berland, assistant sergeant-at-srms;
W. B, Hooks, Wayne, engrossing
clerk.
Committee appointed on rules
were: McDonald. ' Moore; Pharr,
Mecklenburg; Thorna. Nash; Rein
hart, Lincoln; Htarbuck, Forsyth.
Iteeess taken for twenty minuet, then
Keinhsrdt Introduced a bill concern
ing working the public roads of
Lincoln county and the senate ad
journed to eleven tomorrow.
ALL BRIBERY
WILL BE
Illinois Legislature Decides
to Go Into Details of
Scandal
SITtlNOlTKLD, O, Jan. 4. With
a rush of harmony that belled all
predictions, the Illinois general as
sembly today organized, heard Gov
ernor Cbas. H. Deneen's message, and
prepared to Investigate all the
charge that bribery was practiced
In the lust previous session of the
legislature. A senate resolution au
thorising the appointment of a sen
ate committee to investigate charges
of corruption and bribery and de
termine whether any members should
le unseated was adopted. Following
this came a resolution declaring va
cant the seal of Senator Daniel W.
Holstlaw, who said that he received
a bribe after voting for Wm. Lorl
irirr for senator. This resolution will
be (jailed up later. As Senator Holts
law sent In his resignation last sum
mer his name was ordered passed on
the roll call by Liuut. Gov. Ogelsby
today.
Konator Htanton C. Pemberton, who
is awaiuting trial n charges, of con
spiracy tonight read a s'tutement re
questing that he be excused from per
ilous until cleared of the. charges. His
ro'iuest was granted. The committee
appointed under the resolution to
probe bribery charges , will investi
gate his case as well as that of Bens
tor John C. 'Brodertck Of Chicago,
who Is under Indictment on a charge
of bribery. The investigation com
mittee held a brief meeting toady to
arrange for future action and ad
journed for a week. . . .'' . ...
CHARCES
NVESTICATED
HAVEJNGHEASED
Raleigh Goes Ahead of Ashe
vllle Taking Third Place
In List
TWENTY CITIES HAVE
OVER FIVE THOUSAND
Little Rocky Mount Shows
The Biggest Cain
of AH
WASHINGTON, Jan. 4. North
Carolina's, population , did not show '
the same tendency of drifting from
rural districts to tba cities during
the last ten years as was the case
In many other stiles. .Announce
ment today by tho director of tba
census of tba population figures an
enumerated la the 1 7th census of
cities and town In North Carolina
having a population in excess ot 6,
000, Indloatea that slightly over
per cent of tho state's total Increase
in population III. 4TT Inhabitants-;- ,
was contributed by these cities and
towns. The rural districts furnisli
d lis, 111, or about 1 per cent of
the Increase at compared with the
13,108 Increase In th cities.
Might municipalities increased in
population from below MOO to to
tals above that number. The thir
teenth census statistics show twenty
such cities and towns In North Car
olina In 110, compared with twelve
In 1100. : Not a single loss in popu
lation was recorded in - these places
during: tho ten years, -v -,
In point of increase In - population
rtocky Mount holds first place. Willi
a tn per cent increase. Durham fol
lows closely behind with ITS per
rent. and flifc Point showa 111
per cent gain,' ,'.-
. The larger cities rank as follows
la percentage of increase; y '
Charlotte. IS. par .cent!.'; Greens,-"'
born, pi. I per cent! Kaielsli, 4t.l per
cent; Ashevllle, ST. per .rant, ant)
Wilmington, 13. f per cent,
lf Thnf Mand. is
following is the announcement of
the director of the census of ail cities '
and towns of North Carolina, haying
a population n excess of 8,000! ,
Cities 1110 1108
Ashevllla ,, ,..,18,761 14,694
Charlotte 14,014 1B,01
Concord 1.7 1 6 T,10
Durham , 11,141 . 1,7
Ellaabeth Clly ..... 1,411 ' 1,14s
Kayettevlile . , . . . 7,045 ! 4.919
Oastonla .. 1,781 4,110 '
Goldsboro .. .. 1,107 ' : I.I7T
Greensboro ,t ., . .1MB 10,011 '
High Point .. ... ,52l 4,11
Klnston . f,Mf 4.100 :
New Herns .. .... 1.161 0.090
Raleigh .. .. .,..,11.11 11.641
Rocky Mount ...... Mil S.OtT
Balem 6,611 - 1,41 .
(Salisbury 7,151 1,177
Washington .. .. a .111 ; .!
Wilmington .. .. ..16.741 10,071
Wilson .. i..,. 1,717 v ."Ml ,
Winston .....17,7, 0,001 ;
T
TO SO HOME UNLESS
THEIR OPPONENTS YIELD
Democratic Factions in Ten
nessee Fall to Get To
gether SITUATION. SERIOUS
NashviU-E, Tenn,. Jan, if-Tho
legislative situation is more preca
rious tonight than aver, although
conferences now in progress may re
.ult in a solution.
The 'regular" democrats were
needed to com into the house this
afternoon as per arrangement said to
have been reached with Speaker
Leach of the fusionlsts, but at the
last moment they declared the agree
ment with Leach was abrogated br
his secretary and they therefore re
mained away.
Tonight the air is thick with ru
mors to the effect that the "regu
lars" will go homo unless their op
ponents yield, and a paper la being
signed by the senators providing tor
the adjournment until next summer.
If the threats are carried out. Gov-erttor-elect
Hooper cannot he seated.
The situation is considered ex
tremely serious fcut good feeling i
prevalent among the assemblymen.
CANAL COMPLETED, ,
NORFOLK, Va., Jan. 4. The com
pletion of th Beaufort cut for the
first southern link la the intra-'
coastal waterway -roata from Boston
to Beaufort,- K, C, will be celebrated
on Xh banks of tho "Beaufort Wa
terway" at Afoorehead Cttv K. C
January". The Mayor or TsVrA.lk
was today Invited ! and
participate In the c ,