ASHBILtE CITIZEN, THE WEATHER: CLOUDY Citizen Want Ads Bring Results." VOL. XXVH. NO. 83. ASIIEVILLE, N. 0. THURSDAY MORNING, JANUARY 12, 1911. PRICE FIVE CENTS 7 SENATOR OF WIS. ELECTED 6YFHD You HadiDetter Wake Up. WILL AGAIN FACE THE DEFEiJDaiI SCORES STANDARD 01 GO ARGUMENT CLOSED IN FAMOUS SUIT AGAINST TRUST Portion of Law Open to Differ ent Constructions Is Contention 11 1 fJS COi DAYOFPQ SOIl III SAYS COMMITTEE SUPREME COURT t ." Argument In Celebrated Case Testimony Shows That Hus band Was Never at Point of Death as Supposed RELATIVES ARE ALL AGAINST THE WIFE Signs of Poisoning May Have Resulted From Not Using v Tooth Brush WHEELING, W. Va.. Jan. 11. The defense scored heavily today In the ckae of Laura Farnsworth Schenk, charred With having attempted to poison her husband, John O, Schenk, the millionaire pork packer. Dr. Frank LeMtryne Hupp, who reported the alleged poisoning to the authori ties and, who was considered the star witness for the state, was Under cross examination at the hands of Attor ney John 'J. P. O'Brien all day, with the exception of a few mlnutea at the opening of the morning session, when Prosecuting Attorney J. B. Hanland completed the direct. Until less than ah hour before adjournment of court this evening, the session was uninter esting. Attorney O'Brien suddenly collected the scattered ends of cross witness points considered of great val ue to the defense. Among other things admitted, by Dr. Hupp, was the fact that hewas not sure the symptoms exhibited by John O. Schenk, even after the re moval of the latter to the hospital, were due to arsenic poisoning until a mineral water used, by Schenk was analysed by experts at the University of Virginia and Johns Hopkins uni versity ; that the discoloration of the patient's gums was probably due to a diseased condition of the gums and the fact "that Schenk did not use a hwth fernah ". rather t-Hsn to lead Boi- sonlng. and that the millionaire pack er was at no time", ""either before "or after his removal to the hospital, ac tually confined to his bed at all, times. The , statement was made by the witness that Schenk was "bedridden" rtther than 'bed-fast." It has been generally supposed that Schenk was for weeks at the point of death. O'Brien also secured an admission that It .was the wife who first sum moned Dr. Hupp and who asked If (Continued on page seven). 1UUILIT HALL AGAINST SHEPARD FOR SENATE AS JLi Great Fight Over Successor to Chauncey Depew in N. Y. SHEEHAN LIKELY NEW TORK, Jan. 11. Two facts in Ul UJIlieu Duties BCiiftiui .uih us'ii In this state cropped out In New York teday. Tammany hall and Chas. F. Marphy are opposed to Edward "M. Shepard of Brooklyn as a successor to Chauncey M. Depew, and Mayor Gaynor urges hie selection. Mr. Murphy spoke for Taimmany and himself Just before departing for Albany this afternoon; the mayor re corded his endorsement of Mr. Shep ard In a letter made public tonight. It la addressed to 'State Senator Frank M. Ijoomis. of Buffalo and says: "I can only say that I heartily favor the election of Edward M. Shepard as senator. Ho stands for everything which Is best in politic His selec tion would bring great credit on the state of New York. During a gen eration the state of New York has been represented in the United States senate by men who were mere lobby ists from their youth up or corrup tkxviats in politics. We now have the opportunity to set our face against that.- Will we do it? -There has never been a plainer case and If It be evaded the bad effect thereof will long survive." "What will be the attitude of the organisation on the senatorial ques tion?" the Tammany leader was asked. "The organisation." replied Mr. Murphy, with slow emphasis, "is against Shepard and I have to be." "Does that mean that Wm. F. fnee han will be elected to the Unite States senate?" "I am not saying so," replied Mr. Marphy. "I will only say that all the leaders of the organization are against Shepard." JfO FLIGHTS IN TEXAS DALLAS, Tex-. Jan. 11. Because ef high winds no flights were attempt ed today. Tonight the airmen and their machines left for Fort Worth, where two days flying la scheduled. Committee of Wisconsin Leg islature Makes Report , of Findings DECLARES ELECTION TO BE NULL AND VOID Attempted Briberies and Cor ruptlon Charged Against Stephenson MADISON, Wis.. Jan. 11. "The nomination In the primary and the election to the ' United States sen ate by the legislature of Isaac Ste phenson are null and void, on ac count of attempted briberies and cor rupt practice by himself and his campaign leaders, agents and work' era, and of violations of the laws of Wisconsin, defining and punishing of fenses of the elective franchise.'" This is the Jlst of the findings ot a special senatorial committee in its report submitted to Governor JTan, cia McGovern. The report is signed by Lieut. Governor Thomas Morris and Senator Spencer W. Marsh (re publican), ahd Senator Paul Hunt ing (democrat). Early In, the leg islative session of 109, resolutions were Introduced in both houses call ing for an investigation of the sen atorial primary election. The res olutions were particularly pointed at United States Senator Isaac A. ir phenson, who, according to his re port filed with the secretary of state, expended $107,000 during the campaign. Speaker Bancroft of the assembly named a committee composed of a majority of stalwart republicans and Lieut. Governor John Strange, who then presided over the senate, -and Senators Marsh, Morris and Huat Ine. The committee met In Joint session for several Weeks. ; Then the assembly branch of the committee dflcMad. Jo .go,,, tift, JEK tf prsii 1 Tom lower noose , . The assembly members of the com mittee rendered a report, , rectm- mendina ( thie enactment ,of a law regulating campaign expenditures, stating that there was no 'evidence of corruption on the part of Senator Stephenson. f Following this, a special resolu tion was adopted by the sennte mak ing the three seators named a ape- (Continued on Page Four.) HAS FINALLY COMPLETED EXAMINATION OF PEARY Daring Explorer May Yet Be Retired As Rear Ad miral With Pay PEARY HOPEFUL WASHINGTON, Jan. 11. The house committee on naKal affairs completed their examination of Cap- tain Robert E. Peary today on nt claim to attainment of the North pole and Hugh C. Mitchell, a skilled computer of coast and geodetic sur vey testified that he had han-riled said that he had figured that Peary when he made his furthermost camp was less than five mllee fdom the pole and that In his marches on that day of the climax of this trip he passed within one and one-sixteenth miles of the actual pole. He did not fix Peary exactly at the pole. Mr. Mitchell believed that Peary's observations rould not be faked. The committee wilt hear Admiral Chester tomorrow and review the testimony In the rase at an early ex ecutive meeting with a view to pass ing on the bill proposing Peary's re tirement as a rear admiral. TOURISTS STRANDED BY CO'S. FAILURE BOSTON, Jan. 11 The filing of the bankruptcy schedule of tho Coll ver Tours company In the United States District court today showed that between 25 and 30 persons who had paid for tickets for a tour around the .world are "hung no," at various points In Europe and Asia. The liabilities of the company ag gregate near 144,000 with amets of lens than $2,500 . Among those who had paid the company for a passage around the worUI are residents of Texas, California, New York, Ohio and Canada. CONTRACT AWARDED WASHINGTON. Jan. -1 1 . Secreta ry of the Navy Meyer today awarded the contract for the construction of th quay wall at the Key West naval station to the Hennlblque Construc tion company of New York at Its fcid of $110,000. to be Heard Probably Tomcrrow U.S. CIRCUIT COURT DISSOLVED COMPANY Declared II Illegally Restrain ing Oil Trade of The Country WASHINGTON, Jan. 11 Before the Supreme court; of the United States tomorrow it is expected will be gin the final light of the fitundard Oil company to avoid dissolution as a trust under the operation of the Sherman anti-trust law. It was thought the case would be reached to day, but arguments upon the similar case of the so-called tobacco trust were not concluded. When these ar guments are finished soon after the resumption of business by the court tomorrow, John Q. Milburn of New Tork is expected to lay before It the foundation of the defense of the Standard against the move institu ted by the government. The suit under the Sherman anti trust law to dissolve the Standard Oil organization was instituted In 1906 In the Circuit, court of the United Slates for the eastern district of Missouri. The proceedings were be gun by the department of Justice in the name of the United Slates against 1 14 corporations and seven Indivi duals. The principal corporations was the Standard Oil company of Now Jorsey. From 1882 to the present time this company Is said to have operated re fineries itself but in 1899 its stock wss increased to 9100,000,000 so as to en able it to acquire the stock of nine teen other oil companies, which In turn owned a loree number of com. panles concerned In' the oil business. The ; Standard OH . company of New t&tmrtTnw&mwte- as-a -holdlns Company and la similar to the Ameri can Tobacco company, the organisa tion of which was considered by the oourt during the last frew days. The seven individuals nafhed In ths suit as defendants were John D. Rockefeller, William Rockefeller, Henry M. Flagler, Henry H. Rogers, John D. Archbold, Oliver H. Payne and- Charles M. Pratt The part (Con tinned on page seven.) PRESIDENT IS URGED TO HASTEN SETTLEMENT OF POTASHJCQNTRDVERSY Germany's Action Is Char acterized As Being One of Retaliation, FARMERS WAITING WASHINGTON, Jan. 11 Presi dent Tatt. was urged today to ust his Influence In favor of the Ameri can buyer in the potash, controvers) between this country and Germany The delegation of representatives of the fertilizing Industries of the conn try called on him and through thelt spokesman, James A. Moncure, ol Richmond. Va., chairman of the Independent Fertiliser Manufactur ing association asked him' "for relief from a condition bred by an act of retaliation by the German govern ment which discriminates unduly against contracts made by merchant of the United States with German potash mines." The speaker said they "protesteo against the startling principle Involv ed in this legislation, that of legis lating a prohibitive only against business legally done by one set ot Interests because ft lnterferefl with the plan of a competing customer. This Involves." he said, "the very foundation of business that of con tract rights." The committee presented to the president a brief giving a complete statement of their case. Senator Smith, of South Cerollna, also hud railed earlier lh the day to urge the president to try to gel some quirk artlon In tAV pnto.h mat ter, as the planters all through thf South wanted to make contracts for fertilizer but did not desire to dc so until they knew whether Germany Intended to Insist on the potash tax. and what they would have to pay for their fertilizer. "CROtKR-PREACHER. DEAD BOSTON. Jan. 11. Rev. Abljan Hall, tne "grocer-preacher,' ' as he waa known locally, died today of eld age. He had been a frequent spea ker on Boston Common for many years. . RAILROADS COULD SAVE MILLION A DAY BY Ratea Are Ample But Operating Expenses Excessive Management Unscientific, and Labor, Material v Give Adequate Returns. WASHINGTON Jan. H. "We contend that '-rate are ample, but that the expense" of operation Is ex cessive; that wages are not too high, but that, as the management is un scientific, labor, material, equipment and plant full: to give adequate re sult. We plead for the Introduc tion of scientific thanagement, under which the railroads shall get one hu ndredi cent for every dollar ev In opening his argument of the shippers of the Atlantic, seaboard, before the Interstate commerce com mission today, Louis P, Bran del it, of Boston, thus presented the funda mental reason In his mind, why freight rates should not be advanced as proposed hy the railways. Mr. Bandola declared that no rail way company, operating in official classification territory had Introduced Into any pf its departments the prin ciples of scientific management. He believed that these principles' were properly as applicable to railroads as to any other industrial enterprise. If there were co-oporatlon nmong the roads the highest measure of ef ficiency could be obtained and the saving of three jMr cent of the ag- '-reratr rorr. or even far more, thsn three per cent, readily could be ob tained, he Halo. Co-operation Needod , Co-operation also. In Mr. Rrsindels' opinion, would secure reductions in the cost of steel rails In the price of which, he believes, an enormous sav ing could be made. He suggested, however, tho I no effort wss being SCHOOLMATEQFPRESIOENT TAKES ILLUMINATING GAS "Gray Hairs Relegate a Man to Rear," Says Pa thetic Note of Suicide NEW YORK. Jan. 11. "When a man shown gray hair his services are not wanted and even If accepted he Is relegated t tho rear." This statement in a note to the coroner explained the suicide today by means of Illuminating gas of Hen ry 8. Oppcnheimor. According to his landlady Oppenhelmer claimed to har.e attended srhml with President Taft In Cincinnati. He old her of ten, she said, of havliyf been in the name class with Mr. Taft and related tales of the president's school boy years. The note says that Mr. Chas. Mendml, of IVjulsvllle, was his near est living relative. piujt passks ovku bak SAVANNAH, G. Jan. II Cap tain W. H. Fleetwood aged 70 for fif ty five years, except during the Civil war. In the pilot service In tho Sa vannah harbor died today. CLO WASHINGTON.' Jan. , 11. Fore cast: North Carolina, . Increasing cloudiness, probably , followed by rain. Thursday rain, moderate south to southwest winds,1 For if You Don't . SCIENTIFIC MANAGEMENT made by the railroads to obtain a reduction of the price of meet rails because of the financial connections of railroad officials with, the four great steal companies which menu fact ii re steel rails. The economies which Would result If all th, rail roads tn . the United Stales Intro duced aclentlflo methods, hag 'been estimated at no less than a million dollars a day, ., mild Mr. iirandel. "This would rrtlttredelnf - the present operating ' eost' of the' fall, roads an average of twenty per cent" - Mr, Brandels then presented fig ures to Indicate that this estimate was moderate. A saying of 10 per cent in official classification there alone, would amount to approximate ly $500,000 a day, or one hundred and eighty million dollars a year; while the proposed advances would yield only twenty-eevon million, dol lars a year. Save a Million Day Mr. Brnndets indicated the va varlous ways by which. In his opin ion, the saving of one million dol lars a day to the American railroads could be effected. Home of the sav ings could be made ' In equipment charges; In tho operation of machine and repair shops; In planning before performing; In the standardising of methods) material and equipment; In keeping accurate records ef In dustrial performance; and in the paying of adequate rewards for in dividual accomplishments. He be lieved that a. saving of fifty million dollars a year could be made In the1 OUST OF SEN. RANSOM IS UNIEIlEflJT CAPITAL Presented to State in Speech by Secretary and Accepted by Governor HiAtvKKlH, N. 0., Jan. 11 Hecre lary of Ktate J. Hryan Grimes, as ehalrman of the state historical com mtsMlon, in a speech of presentation to the state at the unveiling of thie buflt of the late Senator Matt. W. Ransom, In the rotunda of the cap Itol tonight, said: "This evening we lift the veil ami look upon tho face of him, whom all Carolinians knew and loved. It Is the Image of the scholar, the ora tor tho soldier, the statesman the patriot who iove dthe South as he loved his life ,and loved North' Car olina even more than the South,, thie peerless ftanaom." The speech 'if aocrrptance ws made hy Gov. W. W. Kltchln, whose well chosen words were exceedingly appropriate and patriotic. "The life and character of Matt W. Ransom" as the subject of the principal address by Hon. R. W. Winston who raised the funds neces sary for the production of the bust t the request of the state historical commission. f!h-r adrttvssos were hy Hon. A. 11. Uoydcn, senator from Rowan, Hon. 1J. fl. Gray, representative from Northampton county. A great throng of Raleigh people and visitors to the city attended the ceremonies. (xnnm rknator dead DKNVKR, Jan. II. -Charles J. Hushes, Jr., United States senator from Colorado, died at hla home here today after r,n illness of nearly s year. He had been unconscious sines yesterday ahd passed from a, state of come, almost lmpreceptlbly Into death. Wages Not Too High, But and Equipment Fail to one Item of coal, hla argument b lag that thore was enormous waste In fuel on practically All line. : ' . In his belief the terminal problem was the greatest problem of trans, portatlon now confronting the fall- rowis. He ', believed; , that: at ;1m M- sent.lii the present terminal Pharges now aggregating 1300,(109, 90S A year could, be saved through scientific management, ' Much man agement would reduce delays In the handling of shipments .. and,. aside from a reduction in the direct eost, would toe of enormous benefit, to both railways and shippers. . , "There Is no department of rail reading in which the field of acooo my, through, more scientific, more efficient management, Is hot broadly open,", said Mr. Brandels, "f 1,000, 000 a day seems a' moderate eat! mats of the savings possible." , Impressive Hllomv Amid impressive silence Mr, Bran del concluded his argument with the declaration that the railroads of dels concluded hla argument with th greatest opportunity of their existence to Increase the efficiency of their labor, equipment and plants t they should m brace the oppor tunity, tney wouia maxe ior mem elves and for the shipping Inter ests ot the country snd of the world, If they should not, the re sult only could be. In response to an 'Irresistible popular clamor and demand, the government ownership of railroads of the United slates, NORTH CAROLINA THANKS For Action in Refusing Proposed Gift of Fraudu lent Special Tax Bonds RAliEIGH, N. C, Jan. 1 tc The passage of tho Ewart Joint resolution thanking Governor Pothler, of Rhode Island for declining to accept North Carolina, repudi ated bonds, as a gift and Bwart's stirring speech ex tollng OhHoans for their counsel, and condemning us traitorous North Car. ollffia.n who Nave given aid to har rasMlng the state for collection of these bonds ,was the feature of the legislature today . Judge Ewart la mented the fact that traitorous con diurt of a very few Carolina officials given places of trust and honor by the people made it necessary now to put on the statute books of tho state a law forbidding state officers and congressmen from, receiving fees to aim the state. Bills were intro duced In both) the house and senate to create Piedmont county out of parts of Qullford, Davidson and Randolph. The senate passed the Mil to pro vide commission form of govern ment for Greensboro. The house Judiciary rommlttee No. 3 ha directed a favorable report oa the 1)111 of Representative Roberts, of Buncombe, to prevent the forol. ble detention of women In disrepute, hie houses by reason of debt or oth erwise. GRAND LODGE OFITCFJ18 .. RALEIGH. N. C Jsril tl The North Carotin Grand lodge of Ma sons tonight re-elected Grand Master R. N. Hackett, of North Wllkeslmro. 'Deputy Grand Master W, B. McKoy of Wilmington, and other grand of ficers for the ensuing year. CASE NOW RESTS WITH THE SUPREME COURT American Tobacco Company Denies Having Intention of Restraining Trade ? WASHINGTON, Jan. U.Ift , tho closing argument today In the eon test before the Supreme court of the United Slates over ths proposed dis solution of the so-called "Tobacco trust," th Issue between the "trust" and the government became more fo eallBod than aver before. This was particularly true In regard ' to the Interpretation of the "monopolising" section i of the Sherman anti-trust taw, which never hag ' bean passed upon by th court ? . In Interpreting this Motion of the law, Justice Parker, ' speaking for John O, Johnsons who was unable to be In, oourt, said on behalf of ths tobacoo organisation, that bigness of an organisation or mere powr pos sessed by It was not a criterion of a monopoly. It wss argued that there must be an exclusion or at tempt to exclude others from Inter state trade by mean at least tor tious under the common law or tin der statutes other than the Sher man law. . ' Attorney General Wlckershsm, for the government, objected to this In terpretation and gave another to the oourt. II said that decisions of tho court Itself ., had i demonstrated that It wsa brought about by- acta of In dividuals In endeavoring to engroHs to i themselves all of a given com modity and that It has become a question of Intent. Kvlildiitly bearing In mrtid sug gestions made curlier In the dy by Chief Justice White, that Intent as ft criterion of a violation of the law wsa uncertain and made it Impon slble for the business man to know whether , he was violating the law until the courts passed on hla case. Attorney General Wlokersham argu ed that "Intent", was no mora un certain than "fraud," which ' wsa punished by law, . The argument of tha day wera imsde by W. B. Hornblnwer, fepre sentlng tha Imperial Tobacco com' pany of Great Ilritlan; 8, M. fctroock, representing the United Cigars Stores company; Mr. Pauer, for the Amsrlj can Tobacco . company, and. Mr.. Wlckersham. . Mr. Wicket-sham ,wiu be given few mlnutea tomorrow to conclude. Thereafter the Standard Oil disso lution case will be taken up. Mr. Wlckersham demoted much of his time today to showing that tha To bacoo organisation had been built up with an Intent to restrain trade. and to monopolise tha business. He ridiculed the testimony of tha Ameri can Tobacco comnany wherein they maintained they never had any Idea of restraining trade. , ".-.tt : , , . ' : -v-.fi:: iinoTiTri'fin incrm UUtJInlLHILL LUJLIII SIJENT OF Crumpacker Bill Favor ably Reporetd Fixes Number at 433 'i t NOT TOO MANY WASHINGTON. Jan. 1 1. The Crumpacker congressional re-appor- Uonment bill, fixing th house mem bership at 433, exclusive of Artsona and New Mexico, was nrdersd favor-' ably reported! to the house today hv tha census committee on motion c( Representative Burlalgh, of Maine. The bill will be brought up In the house at the earliest opportunity. The bill was amended In committee' so as to provide that tho reappor- tioment should be mada by the leg islature of tha states, a provision usually made tn the reapportionment; hills, but omitted from this one be cause of conflicting legislation in sev eral states coveting the matter. The measure will provoke a lively discussion When It cornea up on tha floor of tha house, for there are many differing views to the re apportlnoment. The HI waa fixed by the commmlttee as tha lowest number which would' avoid reduc ing the numerical representation of any state. i ZfXAYA WILL GO FREE ; MANAGUA, Nicaragua, Jan. 11. ' Congress has concluded that It bus no power to prosecute form, r Tr"l dent Zelnya. for the nmr.' off n" charged against htm fol'owln : his r tlretnnet front onico.

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