THE WEATHEE:
CLOUDY
VOL. XXVII., NO. 90.
Corporations Are Willing to
Obey Law Impos
ing it
INVADES RIGHTS
OF NO STATES
Portion of Payne- Aldrlch Tariff
Law Before Supreme
Court
WASHINGTON, Jan. 18. Bollcitor
General Lehrmann of the department
of justice today argued before the
Supreme court of the United States
that the corporation tax provisions
of the Payne-Aldrlch tariff act were
constitutional. Ills argument la to
constitute the principal defense of the
law. which was called In question in
15 case nojr before the court.
The solicitor general told the court
that the 15 cases before It had been
brought by shareholders in corpora
tions, who objected to the latter pay
ing the tax. Each of the corporations
had expressed an Intention to obey
the law,
"The government is here," said the
i soil A. general, "to help the cor
porations to pay the tax."
Every objection had been raised to
the tax, Mr. Lehrmann said, that
' could be raised to any tax possible of
being levied under the constitution.
The only limitations on the scope of
the federal government to the tax, he
oaid, applied to exports. Fosslbly
there was an implied limitation
against taxation of the agencies and
instrumentalities of state government,
he added. As to the mode of taxa
tion, the only limitations were the ap
portioning of direct taxes and the
making of excise taxes uniform.
The corporation tax, according to
to the solicitor general, violated none
of the limitations. He declared the
tax an excise tax but said the fact
that It made exemptions did not pre
vent it being uniform. The govern-f-'ftnt
had the right to look at nre
than the revenue to be obtained, ac
cording to the solicitor general; it
had the right to consider the general
Welfare of the people in making clas
sifications for taxation.
He declared that the tax was not
upon an Instrumentality of a state, a
franchise to a corporation, but was
upon the exercise of the right pro
cured by the corporation. i
TO CAST VOTES FOR LODGE
GIVING HIM MAJORITY
Most Important Political
Battle Since Election of
Slimmer
PEOPLE IGNORED
BOSTON, Jan. 18. Henry Cabo
Lodge won today the hardest fight In
his political career In nearly thirty
years, and returns to the United
States senate for a fourth' term with
the support of 146 out of the 27 9
members of the Massachusetts legisla
ture, or six more than the number
necessary for a choice In the Joint
convention. Two democratic senators'
Martin H. Curley and Michael J.
Murray, left their party to vote for
him, but their support was not neces
sary. Representative Jas. H. Mcln
erny, another democrat, was in the
chamber but did not vote. He did not
care to oppose Senator Lodge because
of personal friendship. Senator Lodge
was elected on the part of the sen
ate yesterday, but the house failed
CORPORATION TAX
ABLY DEFENDED BY
SOLICITOR GENERAL
to make a selection, to today both ton len on tne nrst Daiiot. receiving
branches met. and the result of the "' votes, four less than the required
first and only ballot was six more I number. John T. McOravv wan sec
hnn neeexsnrv 1 ond with 2ii. Chilton whs soon nonil-
For nearly two vears the senior I
senator of Massachusetts has been as
sailed by republican insurgents and
the democratic tiartv. He won out
todnv definite thft attacks made unon (
Mm by Uovernor r-ugene jn. I'oks. a
former republican congressman. But
ler Ames of Lowell und other "In
surgent" republicans, together with
the exertions of the democratic lead
ers, the senator was given a majority
of six.
Governor Fobs refused to comment
on the result, while Congressman
Ames said that he was convinced that
the desires of a large majority of the
people of Massachusetts have been
"submerged by the Influence of finan
cial Interests."
Mr. Ames declared his Intention al
io of continuing the fight.
Political historians say that the
contest which ended today was the
most Important senatorial battle In
the state since the election 'of Charles
Sumner aa a free toiler in 1861.
THE
BURHGWS
III
GIVE HER A
SEATJI SENATE
Argues That There Was no
Evidence of Any Cor
ruption BROWNE WAS FIXED
DECLARES BORAH
Fight Against Illinois Senator
. Again Considered in
Senate
WASHINGTON, Jan. 18. After al
most a week of cessation the Senate
today resumed consideration of the
case of Senator Lorimer. There were
two speeches, one by Senator Bur
rows, chairman of the committee on
privileges and elections in support of
the Illinois senator, and the other by
Senator Borah of Idaho In opposi
tion. Mr. Burrows strongly com
mended the couree of Vr. Lorimer in
demanding an Investigation. . Mr.
Horah declared that corruption had
characterized the proceedings ever
since Lorimer had decided to become
candidate for the senate.
"There Is absolutely no proof In the
case, direct or Indirect. fromwhlch
a legitimate Inference could be drawn
that a single of the Illinois assembly
was corruptly Influenced to vote for
Mr. Lorimer."
This was the conclusion of Senator
Burrows' of Michigan in a speech In
the senate today defending the ma
jority report of the committee on pri
vileges uml elections of which he Is
chairman, ronllrming the right of
Senator Lorimer to his seal in tile
senate.
No Evident', Says Burrows
"There was no evidence submitted
to the committee or obtainable so
far as known," declared Mr. Bur
rows, "inculpating Senator Ixirlmer
in the bribery or attempted bribery,
If such there was, of any member of
the legislature, nox was there any
evidence that Senator Lorimer had
Hfiyknowledge " whateverfiiat such
bribery or attempted bribery was per
petrated by anyone."'
Mr. Borah analyzed th. testimony
of the various witnesses before the
Investigating committee, lie declared
that there had been unmistakable
bribery. He declared that It had been
shown conclusively that at least four
(Continued on Pago Two)
HARMONIOUSLY NAMED
TO REPRESENT WEST 1IA.
Watson and Chilton Will
Succeed Elkins and
Scott
ALL HARMONY
CHARLESTON, W. Va Jan. 18.
Clarence V. Watson of Fairmont, a
wealthy coal operator, owner of high
bred horses, was tonight nominated
by the democrats of the West Virginia
legislature in caucus to till out the
term of Senator Stephen B. Elkins,
republican, deceased. Watson had a
long lead on the first ballot taken to
night and his nomination followed
on the eleventh ballot. Several pre
vious ballots placed him near the
goal, both the fifth and the ninth
bringing him within one of the re
quired forty votes.
The opposition made a determined
effort to rally round Judge John H.
Holt of Huntington, but, when the
break finally came. Watson won with
forty votes.
The caucus then ballot ted on the
long term now held by Senator Na
than B. Scott, republican. W. B. Chll-
nated.
MVRRIAGK LAW IN S. C.
COLUMBIA
Jan. IS. The state
senate today pulsed to the third
reading Senator Howard Carlisle's bill
providing for a marriage license law.
The hill prescribes a penalty for the
man who contracts marriage without
the license.
TWO KII,I.K1 TWO INJtRED
HELENA, Mont., Jan. 18. As a
result of an explosion in the Keat
ing gold mine at Radersburg, 40
miles from Helena, six miners were
killed, two were Injured and two
are reported missing.
REDMOND RE-EIJ-XTED
DUBLIN, Jan. 1 John E . Red
mond was today unanimously re
elected president of the United Irish
league.
ASHEVILLE CITIZEN.
ASHEVILLE,
LEGISLATURE MAY
E
T
Affairs of County Alleged to
be In Very Bad
Shape
PAY OF JUDGES
MAY BE RAISED
Bill Introduced to Make Lob
bylng Punishable by
Heavy Fine
.RALEIGH, N. C, Jan., 18. A bill
Introduced by Woolen, of Lenoir,
would make It a misdemeanor to
"Lobby" among the members of the
general assembly to unduly influence
legislation, fines of 1100 to $1,000 be
ing prescribed.
Representative Koonce introduced
In the house today a bill to Include
the business of fire Insurance com
panies In the senate anti-trust law
by adding sub-stx-tloi: "G" to make
It unlawful to conspire to increase or
maintain the rates of premiums or
charges for Insurance or Indemnity
against fire loss or reduce or kee,p
down compensation to agents.
Dnughton, of Allegheny, Introduc
ed the legislative committee's bill for
the creation of the state flRh com
mission, and revising the fish laws,
there being presented with the bill
the report of the legislative commls
ston on Its Investigation of fishing
conditions and needs carried on dur
ing the past two years.
Martin of Buncombe Introduced
bills today authorizing the commis
sioners of South Blltmore to levy a
special tax, authorizing county com
missloners of Buncombe to Issue
bonds to build and maintain public
roads In certain townships; bill re
quiring the registration of all names
of persons engaging In partnership
business and another validating cer
tain probates and registration of
deeds.
Senator elect A. P. Kltchln, of Hall
fax appeared for the first time and
took the oath of office. The upper
branch considered local bills eicJu-
sively.
The democrats of the general as
sembly held a caucur last night to
consider a bill which is to be pre
sented to the legislature placing the
officers of Wilkes county on salary
and appointing a financial committee
for the county. The bill was read
and explained by ex-congressman R.
(Continued on Pago Four)
DIFFERENCES ARE ONLY
AS TO PROCEDURE SAYS
BAILEY IN EXPLANATION
Democrats Are All Agreed
Upon Tariff Re
vision HOW TO DO IT
WASHINGTON. Jan. 18. Senator
Bailey of Texas in a statement to
night declared that his difference
with Itepresentatives Champ Clark
relating to tariff revision concerned
procedure only and that he would not
allow procedure to Interfere with pro
gress. The statement was Issued tonight
following the Interpretations of the
results of the speech of the Balti
more conference Tuesday.
"It Is Impossible for me to under
stand how any man who knows any
thing about the tariff question could
imagine there Is any radical differ
ences between Mr. Clark and myself,"
suld Senator Bailey. "He favors
amending the Payne-Aldrlch tariff
bill' by schedules, while I believe In
replacing It from preamble to con
clusion. "Hut whether It is better to revise
the tariff In my way or In the way
which Mr. Clark proposes the differ
ences between us is plainly and only
as to the method of procedure, and I
hardly suppono that any man with
eeiiKe enough to secure an election
to the bouse or to the senate would
contemplate for a moment engag
ing In a serious controversy with his
democ ratic brothers o er such a ques
tion. "While I am tenacious, some people
think unreasonably so In contending
for what 1 consider a principle I would
not divide my party for a moment
over a simple question of procedure,
and If the democrats of the house In
which the tariff legislation must ori
ginate, agree upon the plan of re
vising it schedule by schedule, I shall
certainly interpose no objection which
could possibly Interfere with the great
work which we must do."
CASE NEAR END
NEW ORLEANS, Jan. 18. The
case of Wm. Adler, former president
of the State National bank, charged
with misappropriation of funds of the
bank Is expected to go to the jury
tomorrow afternoon.
NAM
COMMISSION
FOR WILKESCOUN
N. C, T1IUSIMY MORNING, JANUAUY 19, 1911.
Let
MRS. SCHENK
W-ll IWWMMt 111 frMM lUffWlTOl '
I AS RESULT OF CONTINUED STRAIN
Judge Deems it Best For Moral Interests of Community
Women From
WHEELING, .. W. Va., Jan. 18.
Mr i.aura s-arnewonn HciienK col -
lapsed today under the ordcwl of the
trial In which 'ho Is charged with
administering poison to her wealthy
husband, John p. Bchenk. An hour
before the usual hour for adjourn
ment she had to be led to her room
In the Jail, unable to withstand the
strain. Court took a recess and the
trial waa temporarily suspended.
Huddoiily III.
Mrs. Bchenk had not been looking
as well all. dajras on previous days
of the court snaebms and suddenly
toward the'closa she leaned over to
Frank O'Brien, ona of her attorneys,
and asked him to get her a gloss of
water. She gulped It down and soon
afterwards suld to her attorney
For God's sake get a few minutes
recess. The request was granted
and Mrs. Bchenk was taken to the
county jail where she became violent
ly stick at the, stomach unh showed
symptoms of fainting. A county phy
sician was called In and It waa sev
eral minutes before she could return
to the court room. On two oecuslons
during the afternoon she wept and
her handkerchief waa kept almost
constantly to her eyes.
J. J. O'Brien, chief counsel for
Mrs. Bchenk said:
ADDITIONAL SUITS ARE
FILED AGIST RAILROADS
Growing Out of Sensational
Failure of Cotton Broker-
age Firm
DECATUR. Ala.. Jan. 18. Perry.
Banner and Burr, lawyers of Bir
mingham, Ala., representing the
redltors of Knight, Yancey and com
pany, the Decatur cotton merchants
who failed last spring for 10,000,000,
filed here this afternoon suits against
the Southern and the Louisville and
Nashville railroads for 140,000 and
114,000, respectively. In favor of the
creditors of the Knight Yancey com
pany. The suits are separate from
the suits filed last Saturday agalimt
the companies for $2,300,000. H Is
said that other suit are likely to be
filed and that the total amount ulti
mately sued for may reach $3,000 000
or more. It Is also said that the suits
may be transfered to the United
States court shortly. All these suits
are brought In the name of German
and English creditors of the Knight,
Yancey company.
FAMOUS EXPLORER DEAD
LONDON. Jan. 18. Sir Francis
Gallon the noted explorer and writer
died last night. Francis Gallon was
born in 18'i' and waa knighted In
1909. He explored Damaral and
South Ovampoland In 1881 and '62.
For many years he waa on the council
of the Royal Geographical society.
WASHINGTON, Jan. 1. Forecast:
North Carolina: cloudy Thursday and
Friday; alowly rising temperature;
moderate northwest winds, becoming
variable.
I s
Us Now Investigate.
COLLAPSES IN
Trial of Woman Charged
Her Husband.
; "The attack tonight was nothing
1 serious." The court room was aim
ply suffocating, the woman was an
noyed by the constant alara day af
ter day of hundreds of curloua eyea
and she became III through the
strain. She Is not worried at the
outcome of the trial and will be all
right tomorrow
Hundreds of curloua women were
sorely disappointed at the announce
ment of Judge L. S, Jordan today
that he deemed It beat for moral In
terest of the community that wo-1
men ahould ..ba. jm.luilad . f rom the
trial and that hereafter none ahould
be admit eel to the court room. The
orders were curried out thla after
noon and except Mrs. Bchenk there
was ut no time a woman In the
court room.
Attorney announced tonight Just
before adjournment that every phy
sician In the Whellng district would
be summoned by the defenae. Dr.
J. W. Meyers declared on the slant
Tuesday that h,e sold lead poison to
Mrs. Schenk and that she had told
him on the night she Is alleged to
havo attempted to bribe the detec
tive nurse that she had aecured two
ounces of Fowler's solution Of arsen
ic from another source. It la the
purpose of the defense In summoning
DELAWARE WITH DEAO ON
Thorough Investigation of
Explosion Will be Made
by Department
WASHINGTON. Jan., 18. The ac
cldent on the V. 8. battleship Dela
ware yesterday which killed eight
men and seriously Injured one, will
be Investigated by a board whtoh
Secretary of the Navy Meyer appoin
ted today.
The board will supplement ths worg
of the bosra ot investigation which
was appointed by Captain Gove, of
mo iiciaware, immediately after the
accident.
It Is known at the navy -department
only that the accident was
caused by the blowing out of three
back heads of a boiler. The back
headers constitute the Juncture of
the tubes with the boiler and such
an accident as occured on the Dela
ware is very unusual In the navy In
fact many officers express the belief
that it Is the first one on record.
ARRIVES AT NORFOLK.
NORFOLK. Va.. Jan., 18. The-
bodies of the eight victims of the ex
plosion yesterday aboard lh battle
ship Delaware arrfc'.rd at the United
States nasal hospital shortly before
noon today Upon the same naval
tug that Lore the bodies of the vic
tims from the Delaware, was Eugene
Phillips, who was probably fatally
Injured in the accident. Phillips was
bant' ned to the hospital ward.
PRISON HOARD IN SUASION.
ATLANTA, Oa Jan., 18 The
work of the first regular Session of
the parole board of the federal pris
on here was practically Completed to
day and tomorrow the meeting will
adjourn. About U.O applications for
paroles have been considered at this
session.
REPORT ERRONEOUS
MEXICO CITY, Jan. 18. The re
port that Colonel Zuella, chief of
staff of President Diaz, would be
come governor of the state of Chi
huahua, was denied by government I
officials tonight.
COURT
to Exclude Crowds of Curious
With Poisoning
over 100 doctors to show that none
of them aold poison to Mrs. Schenk.
Defense Koorca,
The defense apparently scored for
the first time since Dr. Hupp waa on
tha stand early last Week. Through
persistant questioning of many phy
sicians summoned by the ataia It
waa brought out that Schenk had
been attended by many phys(clena
"o mat many ; aruge had been pre
scribed,, Tha drum Incuded blcako.
ride of mercury, aracnlo and several
other and while glvtn la small doses.
It waa shown that some patients are
more tuaceptibl to their action than
others and that lead poisoning may
result front absorption as well aa
taking directly into tha stomach.
OUict Poisons In Medicines,
Though the defense secured ad
mission that other poisons had been
given In email quentltlee aa medi
cine, the state established ona Im
portant point. Every physician who
has been connected with tha, caaa,
and who waa called to tha stand.
stated In answer to tha hypothetical
question containing tha symptoms
exhibited by Bchenk thus far, that
Bchenk' condition showed plainly
that two poisons ware in hla system.
lead and arsenic.
OF
FOLLOWS WIFE TO GRAVE
Distinguished Churchman
Dies Ignorant of Death of
Wife
BALTIMORE, Jan. 11. Blshotp
Wm. Paret of the Protestant Episco
pal diocese of Maryland, died of
pneumonia at six o'clock this morn
ing at hla residence here. He waa
stricken with ths disease on tha zeth,
anniversary of hla appointment aa
head of tha Maryland diocese, Janu
ary 8 last. Hla successor Is Right
Rev. John Gardner Murray, who waa
elected coadjutor bishop with tha
right of succession September 2f of
last year.
A pathetic feature of Blahop Per
u's Illness la the fact that he died
without knowing that hla wife had
been hurled only yesterday, and she
passed away without knowing of her
husband's serious Illness.
Funeral service for the lata Bishop
Paret will be held at Emanuel church
here Saturday morning, following
which, in acordance with his last
wish, the body will be taken to Wash
ington, D. C, where It will b Inter
ed In Rock creek cemetery.
Bishop Paret waa born in New
York city September 23. 1828.
BIPLANE hASm OS WARSHIP.
HAN FRANCISCO. Calif. Jan., 18.
Kugene B. Ely today flew 13 miles
In an aeroplane, made a successful
landing on the cruiser Pennsylvania
and an hour later rose from the crui
ser and flew back to Helfrldge Feld,
twelve miles south of Ban Francisco,
The feat was accomplished without
mishap. Not a wire or bolt of th
biplane was injured.
POSTMASTER SHOT.
BLAirwVTLLE, Ga., Jan., II.
Postmaster J. B. Downs, of this place
was shot and killed yesterday by for
mer Representative Berry of Union
county. The quarrel that ended In
the killing la said to have arisen
over a disputed land line. The kill
ing took place at tha residence of
Dr. Berry where Downs had called
About ten shots were exchanged It
1 aaid.
Citizen Want Ads Bring
Results.
PRICE FIVE CENTS
TROUBLE 111
POSTOFFICE DEP'T
Grand Jury Returns Indict
ment For Alleged Irreg
ularities FAILED TO PAY
FULL POSTAGE
Sent Sample Copies of Week
ly at Wrong tote Is 'i
Charge
ATLANTA. Jan. 18. On tha charge
that aampla copies of Tha Semi-
Weekly Atlanta Journal had been
mailed on several days In ItOI aa
though they war copies for subscri
ber, a United States grand Jury
today Indicted tha Atlanta, Journal
nuuni
T
company, James R. Gray, preeident
of tha company, and John D. film '
mens, a H. Rabb and Vloa Preel-
dent Harper, employee. Tha Indict
ment In no way Involve tha dally or
Sunday Journal Tha amount In ,
volved Is said to be" 1700 postage
ehargsa. In Ootober and NovembeV.
I May ths Baml-Waakly Atlanta Jour-
nal laauad special editions which wars
mailed not only to subscribers but to v
a large number of other persona, It
la alleged by tha post office authori
ties that aampla aopiea of these edi
tion ware aent through tha malls at
th rata of ons cant a- pound, tha rata ,
charged for newspapers sent to reg
ular subscribers, whereas the regular
rata for sample coplea ahould have
been four centa a pound. . , '
Hlaleoumt of (lie Editor k ,
Jamee R. Gray, editor of Tha At.
lanta Journal, speaking of ths in
dictment, aaid:
"In former yeara Tha Seml.WaekW
Journal.. In common with all other
weekly publications In tha country,
mads a practice of sending out spec
lal taaues to non-subscriber as asm- -pie
coplea. .In , January,:, JI0I, tha
poit'offlc department issued an order
that.no weekly could send out mora
papers as sample copies than ten per
oent over' and above Its eubecrlptlon
list at th rats of ons cent pound.
and that all in sxoees of that should
pay tha rats of four cants a pound.
Tha Beml-Weekly Journal waa not ad
vised of thla order until after ths
second quarter of 1008, Tha circula
tion manager, of Ths Semi-Weakly
Journal thereupon conferred with th
Atlanta' postmaster who assured him
that tha order waa directed against ,
unreliable publications and waa not I
Inteded to b inforeed against legl- -ttmata
periodical such as The Beml-
Weekly Journal. - With that assurance
Th Semi-Weekly Journal during th
remainder of 1101 continued to send -out
copies of special editions to non.
subscribers, tha poat oftlo officials
having complete knowledge of these
Issues, Four cents a pound on alt sam
pl copies, a ao considered by ths
Atlanta, post office, was paid. When
an official notice waa received by Th
8e ml-Weekly Journal that this prao- .
tics of, sending special editions
through ths mails Was against ths re
gulation of tha poat office th prac
tise waa atopped Immediately, '?
'Ths indictment was returned wlth
out ths grand Jury having heard from , ,
any ona of those indicted er from
ny other witnesses than a stenogra
pher for The Dally Journal circula
tion department and a man who was
not connected with ths publication at
all during the time tha alleged con
spiracy Is said to have been carried
out."
SENATORIAL COSTEST ill
sew took mm.
Compromise Candidate May
Enter Field
Soon
QUESTION IS WHO?
ALBANY, N. T., Jan., H.-Th
t'nited States senatorahlp puszle is as
Intricate tonight aa ever. The legis
lature today tried to choose ths dem
ocrat who will auoceed Senator
Chaunc.y M. Depew, but no candi
date received ths majority of votes
necessary o sleet EfTorts to ' In-
crease ths following of Wm. T. Shee
han, ths leading candidate,or unite '
th oppeattloa, on any ons other ,
candidate, thus (Car have proved fruitless-
How long tha deadlock will
last no on ventures to say.
Mr. Bheehaa, with 9 votes to bis ;
credit on ths first Joint ballot, and
within nine votes of election, may '
be no nearer Washington that Martin
W. Uttlejohn or D. Cady Herrlck, '
Who received but two.
In fact there ie a growing Impres-."'
ston that if BheehaO cannot win the
successful candidate Is as likely as
not to be some ons whose name has
not yet been proposed.