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.