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 ,

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