THE WEATHER: CLOUDY VOL. XXVII., NO. 92. Hi IS ASKEDOFMUCH OF STATE PROPERTY Board of Internal Improve ments Makes Interesting Report MATAMUSKEET IS LOSING INVESTMENT Stringent Law Asked Against Snipping Live Quail Out of State RALEIOH, N. C, Jan., 20 Both branches of the general assembly re ceived today through special mes sages from Governor Kitchln the re port of the state board of interlal Improvements which, In dealing with the state's interest In various rail road enterprises, reports few of them In satisfactory condition. Mattamus keet road, which has been graded by convict (abor until the state has an Investment In it of nearly $1,000,000, the report says, seems at the end of Its ropes, and appears to have no means of going further with the building. It recommends that the state take immediate steps to investigate the road and either get out of it or see that It Is completed. It calls the value of the state's interest "Prob lematical". . The Wllkesboro turn pike Is denominated another "white elephant" on (he state's hands. This concern is represented to be loaded down with debt, and mortgages un til the state's interest seems In a fair way to 'be lost entirely. It recom mended Immediate legislative investi gation. The board represents the state's interest in the North Carolina rail road to be not in the best possible condition but doubts if anything can be done under the lease. It declares the state institutions not if absolute y satisfactory -condition, urge inves tigation 1y the legislature Into the needs for new buildings, also that the state tuberculosiB hospital be given liberal aid and that the state school for th eblind he moved to more ample groundB outside the city. In the house Ray, of Macon, de clared the message and report of great Importance and his motion that (Continued on Page Four.) PUBLIC REPRIMAND FOR COHDEHSIMS SENT EVERY OFFICER OF NAVY On Account of Now Famous "Every Drop of Blood" Speech MADE IN LONDON WASHINGTON, Jan. 20. The gen eral order issued to the navy of the United States by Secretary Meyer, reprimanding, in accordance with in structions of the president. Com mander W. S. Sims, of the battleship Minnesota, for his "Every Drop of Blood" speech, delivered In London on, December, was made public to day. After quoting the letter re cently addressed to Secretary Meyer, by the president, who stated that Commander Sims' act was censurable and directed that he be publicly rep rimanded, Secretary Meyer added these words in the general order: "A public reprimand is hereby ad dressed to Commander Sims, U. S. N., and will be entered upon his of ficial record. The gravity of the of fense Is so clearly set forth In the, Blwive quoted communication from the president that no additional re-1 marks appear necessary 'o Indicate to the naval service the lack of tact and knowledge of the plain duty of an officer of the navy exhibited by Commander 81ms upon the occasion mentioned and to prevent a repetition of such a regrettable occurrence." The general order will be sent to every officer In the navy and be poM ed on vessels and at navy yards and stations. The speech for which Commander Sims received the reprimand was de livered at a dinner at which the lord mayor of London entertained 800 men of the American battleship fleet Responding to the address of wel come of the lord mayor, Commander Sims said: "If the time ever comes when the British empire is seriously menaced by an external enemy. It, is my opin ion that you may count upon every man, every dollar, every' drop of Mood of your kindred across the eft.' HIVES THE VIRGINIA WArJTS T PAYPART OF DEBT Was Contracted Before CIvI War For Internal Im provements CONTEST REACHES SUPREME COURT Argued That West Virginia Is Liable For One Third of $33,000,000 WASHINGTON, Jan. 20. The stag gering arithmetical problem compli cated by questions of Internal law, of how much of the 133,000,000 debt of the old state of Virginia, West Ver ginla should bear, was laid today be fore the Supreme court of the United States If or its solution. Recognizing the intricacy of the pro blem and the importance of the out come, the court consented to devote practically all of Its time until next Thursday to a hearing of arguments In the case. This Is more time than has been given to any case argued be fore the Supreme court of the United States within many years. Debt or $.13,OWI,04)O The debt of Virginia at the time West Virginia was organized was about $33,000,000. Many more mil lions have been added to that sum as Interest. The commonwealth of Vir ginia seeks to have West Virginia bear about one third of the debt. West Virginia denies her liability for one cent. To settle the controversy, it may he necessary for the .Supreme court to review the expenditures and receipts of the state of Virginia since 1826 and figure out from that exam ination the liabilities. Contort In Bitter The bitterness of the contest, which has been manifest for years, was re flected today by the earnestness of Holmes Conrad of Virginia in opening the argument. He was the spokesman for holders of $15,000,000 worth of certificates, representing a part of the deUW Ia the present litigation the certlHeate holders are urging that West Virginia be required to pay the debt represented by the certificates. Mr. :onrad only had time to lay before the court part of the founda tion for the contest. He took the court back to the days of 1825, when Virginia Inaugurated a system of constructing roads, canals and rail- (Continued on Page Five) ANOTHER TEN IS GIVEN BY FOR ADVANCING SCIENCE Makes Total of Twenty Five Million to In stitution GIVEN IN BONDS NEW YORK, Jan. 20. The dona tion of an additional endowment of $10,000,000 to the Carnegie institution of Washington by Andrew Carnegie, the founder, was announced today. This brings Mr. Carnegie's gifts to the Institution up to a total of $25, 000,000. Coupled with the formal announce ment was a declaration by Mr. Car negie thut the work of the Instltu tion hud cleared from blame the cap tain of the British shl who ran his vessel upon the rocks by proving that the British admiralty charts by which the captain was guided were, two or three degrees astray. The discovery of 60.000 new worlds by Prof, Hale at the observatory on Mt. Wilson. California, was also an nounced. Mr. Carnegie also announced that a for more powerful telescope than man has ever made Is now under construc tion for the Mount Wilson observa tory. With It he hopes to make pos sible the discovery of still more celes tial bodies. The new telescope will have a lens of WO Inches diameter. Mr. Carnegie declares that "the whole world is going to listen to the oracle on top of Mt. Wilson and In a few years we shall know more about the. universe than Galileo atl Copernicus ever dreamed of." Mr. Curnegie's last donation to the institution, like his first, is in bonds. The institution was founded on Jan. 28, 1902, when Mr. Carnegie gave to a board of trustees $10,000,000 in registered bonds yielding five per cent interest. OIL fire extinguished MEXICO CITY. Jan. 20 Tele grams received here from Tampico state that the fire which threatened the destruction of the oil -well re cently brought in the Tuxham, dis trict has been extinguished. WES NIT ASHE VILIM CITIZEN. ASIIEVIIjLE, N. E LEAD DEADLOCK I Deaf Ear Turned to Plea Made by Judge Parker For Him ELEVEN SHORT OF NUMBER NEEDED Governor Dlx Still Playing Hands Off In Senator ship Fight ALBANY, N. Y.. Jan. 20. The third Joint ballot for United States senator today showed practically no change In the rival camps Into which the fight to elect Wm. F. Bheehan has Bplit the democratic majority. Put to the test of spending an un expected week-end in Albany, Mr. Bheehan's friends stayed and voted except when able to arrange "pairs,' which left his position uninjured Hut Mr. Hheehun did not gain a sin gle vote, although Alton B. Purker, his law partner. In a personal letter to Assemblyman Haundera, solicited for him the aid of the seven assem blymen who previously voted for Par ker. Six Won't Move. Mr. Sheehan returned to New York tonight but Intends to come back ... (II,IM.I( V. IMC UOIUV Mil MondAW Before leaving he made another effort to enlist Governor Dix's aid AH the governor would say about this conference was that Mr. Sheehan Bhowed him a copy of the letter written In his behalf by Alton B. Parker. The governor added that his post tlon on the senatorahlp question was unchanged. He believed It his duly to keep his hands off. How Vote Stood. The result of today's ballot fol low: Whole number of votes, 141. Necessary to choice, 11. :WIHlmTvr."-smenln, ti "fiMWBMI M. Shepard, 11: John D. Kernan, 4; Alton B. Parker, 3; D. Cady Her rick, S: James W. Gerard. 2; Martin H. Olynn, 2; Martin W. Littleton. 2; Simon W. Rosondule, 1; Morgan J. O'Brien, li ChaunceV M. Depew (re publican), 52. Assemblyman Saunders sent a re ply tonight to the letter received by ,isiri n rtnjji rnnjn-nj-ijnnri (Continued on Page Pour) ELECTION OF REPUBLICAN B SENATOR FROM TENNESSEE Tenth Ballot Brought No Material Change in Situ ation MAY COMPROMISE NASHVILLE. Tenn.. Jan. 20 The tenth ballot for United States senator in the general assembly today, when no election resulted left the political leaders in the air, Benton McMlllln. who received 6 2 votes yesterday, could only muster B8 today. B. A. Enloe received the same vote as hs did yes terday, 63, while K. D. McKellar of Memphis who has never announced his candidacy, received eight votes. The insurgent republicans Houk. Davis and Brown again voted for Woolerldge, a lawyer of Campbell county. The result of this ballot has led the leaders of both sides to reach the conclusion that neither McMlllln or Enloe can get elected. That men who have not hereto fore been In tho field will be voted for next Monday seems beyond doubt. The best Informed politicians on both sides look for new men to come into the struggle. On the side of the re gulars It Is expected that Luke K. Wright or Nat Baxter, Jr.. speaker of the senate, will be put. forward. The fusion forces seemingly are1 Inclined to Luke I'u, but it is openly asserted that severul Independent democrats will not vote for him. There Is sold to be a likelihood that a republican will be elected. This possibility is giving the more thought ful democratic leaders coneV-rn, and It Is possible some compromises will be reached before balloting is resumed on Monday next. I't'KSE FOR AVIATOR HAVANA, Jan. 20. The city coun cil of Havana today voted a purse of $3,000 to J. A. D. -McCurdy, the American aviator, in oase he makes A successful flight In a heavier than air machine next week from Key West to Havana, WITH 111 CONTINUES INN C, SATURDAY MORNING, JAN ITARY 21, 1911. FIFTY THOUSAND IN BONDS FOR SQHOOLS r ' Board of Aldermen Wants I" The special committee anointed by Mayor CamrfpeH to report on the question of Issuing $74,000 bond for the Improvement and equipment of the city school bindings recommended at last night'a Meeting of the board of aldermen that the general assem bly of North Carolina be requested to pass a bill providing for an election to be held to ascertain whether or not the voter fof Ashevllle wish a bond fssue of 00,000. The special committee reported that K thought that $60,000 would be enough tovot Just Hf tfte present ' In that the pro moters of the Issue Were providing for an amount to last as long as five years. And, since various things might happen in that length of time, ui'h as more revenue coming In, more buildings being provided and other things of like nature, they thought $60,000 would be sufficient. Mr. Lee, In behalf of the school board urged that $76,000 be provided since they had asked for this amount only after carefully stulylng the needs of the schools. If that amount were provided no more would be ask ed for within five years while $60, 000 would only last about three years, after which it would be necessary for the whole thing to be gone over again. He felt sure that an Issue for tho larger amount could be carried with Just as much ease as the smaller amount. However, the board decided that $50,000 was enough to vote at present. Hull Against City The board was notified that suit would be brought against the city for $10,000, the amount Mr. J. B. Slier ling claims as personal damages sus tained by falling nlto a ditch on ATTORNEY IS ACQUITTED OF CHURGEJF BRIBERY Case Grew Out of Lo rimer Bribery Charges in Illin ois Legislature CIUCAOiO, Jan. 20-Attorney Charles K. Erlistein was found not guilty tonight of having bribed a Juror to prevent the conviction of Lee O'Neill Browne, minority leader of the stuta legislature, who was charg ed with bribery In connection with the election to the United States sen ate of Wm. I.orlmer. It was Erb stein's second trial. The specific charge against Erb steln who was counsel for Browne In his second trlul, wa that he had bribed Juror Orant .McCutchen to hold out for a verdict of "not guil ty." Browne was acquitted. Soon after the trial Harry fiacey declar ed to States Attorney John W. Way man, that he bad arranged with Erb steln for Mef'ulchen to receive pay ment for holding out. Similar tes timony was given by WcCutchen and a charge was made against Erb steln. WABWTNOTOf. Jan., iO. Pore Bsjrfi North CaroBna, unsettled and warmer Saturday, Sunday cloudy; moderate South wind. - That Panama Canal Exposition hi (v TO BE SUBMITTED TO VOTE : to Issue Sufficient Bonds to Debt and Also to Pave Streets Without Property Owners. Ralph street which had bo sign of warning to keep bint out of It in the dark. lie cialms that he wa con fined for many months and that per haps lasting Injuria vera Inflicted to on of hla lata :,. Hon, Richmond, Pearson appeared before the board asking that a fence, which th city had built upon his propery on Market square, be removed since It had decreased th value of th lot on which it la located. H 9 sired that thl matter be referred to no committee In that he doe not de ire to Walt a tenww- the t-onvmlUee generally require for a settlement. Me wishes also thr he b released from the assessments on two house on Spring street In that one of them was damaged by the city to th extent of the amount of the assessment. These matters were referred to th street committee with instruction to re port next Friday night. Mr. Mease of the Nations! Meter company, requested of the board that his company be Instructed when to ship out the meters ordered some time ago. At the time the order was giv en, the company waa Instructed to ship part of the meters at pnoe and the others at a later time. Th last lot Is t nit one to which Mr. Mease referred. Many Matters Referred Mrs. Campbell of Poplar street. complained of a man hole near her property. The complaint was referred to the sewer committee, corporation counsel and city engineer. Cltlsens of North Main street complained that the board walk had been taken up making It very disagreeable to walk on that street during rainy weather. This wns referred to the street com- J!Plfl WANTS PEACE IS Methodist Bishop of Japan Declares People of That Country are Friendly WASHINGTON, Jan. 10. ."Japan wants peace. There Is not the least desire In the hearts of any Japanese people to have war with the United States, towards which they feel most friendly and to which they look as a model for Justice and right." This was the statement made by Bishop M. C. Harries of th Metho dist Episcopal church In Japan and Korea, who called on President Taft today. Japan, he said, ha the same ilesirns and ambition as this coun try, the desire to grow, but to grow by peaceable means and In th direc tion of higher civilization. Bishop Harris, who has lived for nearly 49 years In Japan and Korea, "pooh poohed" the war talk of certain peo ple In this country. He declared that Japan, like the I'nlted States, would (Ixtit only if forced to do so, but theft would fight to the last ditch. He said he knew well the heart of ti.o Japanese people and that it grieves them to know that a few people are trying to make bad blood between the two countries. They look opon American, he added, as their best friend. REVOKES COMMISSIONS COLUMBIA. S. C, Jan. 20. Gov ernor Blease today announced to th legislature that he will revoke th commissions of all the (.$00 notaries public In South Carolina, the revoca tion to take effect Feb. 10. The gov ernor urged that the legislature es tablish the qualifications for the of fice more specifically and also fix a definite term of office. Refund The Present City Petitions From . mltte. Mrs. Merrill, of Furman v. nue, complained t that street. Br ooraplalnt wan mferred, to th street committee. Mi! Com Drummond 's complaint of th condition of Magnolia venu , wa referred to th tret oeramltte. ; Th attenton. of th street committee wa called to a number of hole In th sidewalk of Buxton and Robert street; a well danger hols on Vest Haywood street. '. Bob ?orh,'S fomptalnt in regard jto h Injury of his daughter sustained! by her falling over a pices of, timber that had been- placed on Choctaw street, wa referred to th street com mitt, corporation counsel and city engineer, a. A. Hhuford wished to be released from (ewer assessment on two lots on Mack and Grady street on account of th fact that he had connected with another line. Heferred to sewer committee, Th fire committee reported that a new box bad been placed on (Ash land avenue near th car barn. In view of thl fact the bos at th corner of Ashland avenue and Phil lips street will be removed. Carrnlchael's pharmacy desires to tunnel under the sidewalk of Patton avenue allowing a coal shuts. Thl arrangement would do away with th nuisance of having to throw coat In the ditch from where it I carried to the basement. Improvement Assessment It was authorized that the property owner on Mouth French Broad av. nue, Merrlmon avenu and Panola street be aasessed with th amount of ----- - - -"ri-ryyinrtArinonjuoxjuum (Continued on' Pag Poor.) DEFENDANT IN BATH TUB SOITMHEEMENT Chattanooga Firm With draws Answer in Suit to Break Bath Tub Trust BALTIMORE, Jan. 20 In the United State Circuit court today the Cahlll Iron work, of Chattanooga, Tenn., Frank H. Caldwell, president, and John J. Mahoney, vice president and secretary, through their attor neys, asked and were granted leave to withdraw their answer In which they had Joined the other defendant In the suit of the government for the dissolution pf the so-called "bath tub trust," and to substitute another an swer therefor. In this new answer, th defendants named acJtnewledge that they did on July t, 110, enter Into an agree ment with Edwin U Wayman, of Pittsburg, which agreement play a prominent part in the caae; that they observed Its term, having been in formed that It wa perfectly legal and that It had been submitted to and approved by th department of Jus tic; that on December IT, 1110, they withdrew from thl agreement and restored price to what they had previously been, having discovered that the agreement had not been sub mitted to th department of Justice and that it wu Illegal. Th defen dant named, desiring to withdraw from further contest of th case in equity, expressed their willingness to submit to such decree aa the court may think proper In view of their withdrawal from th agreement with Wayman. Citizen" Want Ada Bring tBesults. e PRICE FIVE CENTS' L GAVE HIM POISOH Or Rather Before Time She Is Alleged to Have Given It DEFENSE PLAYS STRONG CARD Court Rules Out Testimony as to Habits of Trained , Nurse .V WHSKUNO,' W. Va., Jan. ' 10. Th defens In th trial . of , Mr. Laura Farnsworth Schsnk. today in troduoed testimony to hoW that her husband, John O. Bohenk, whom aha 1 chart with poisoning, had been ill for Jong tlm befor th tlm th tat allege th woman admin istered poison to him. To support thl claim th lawyer for Mr. Bchenk put on th stand Charle B. Mughu. railroad man, and Dr, A. B. Best, th ftchank family physl- Th afternoon session of th cum wa enlivened by several tilt be tween th attorney. Th defens ought to put en th stand Vr. Rob ert B. Bleppy, of Pittsburg,, to lm peach th testimony of Mis Eleanor fcoecldor, or "Mr. Klein," th de tective puree, who testified for th tat that she had been offered II, 000 by Mr. Bchenk t administer a poison pill to her husband. . Attorney Boyc said that h Wish d to show by thl witness (hat th detectlv nur wa addicted to th us of morplUn. Th tat objected and "ws sustained, th court hold ing that thl ia not proper contra dictory vldenc. , j, , Bchenk tone Time flick When the defense failed In thl attempt they put on th stand Che. B. Hughes, a railroad man, who tes tified that long before Mr. Si honk' trip to JCurop h had told th wit new that h wa suffering from nausea, , vomiting nd abdominal pains,. th earn symptom th phy Slcians for , Ah ' uue,, had testified that Bchenk had been suffering from whan they attributed th cause du to poisoning. Or. Beat testified that he had treated Bchenk for ton lllti In September, HOs, and also had attended htm. on other occasion. Th doctor answering th hypotheti cal question for th tt wa of . th opinion regarding th symptom described that they , Wer those of ' lead and arsenle poisoning. During th whole morning and part ! of the afternoon Dr. J. J, Osborne, t th first witness for th defense, wa , under th fir of cross-examination. Th testimony wa chiefly in refer ence to th witness' experience In lead) dnd arsenlo poisoning and th prosecutor succeeded In bringing out that from th symptom aa told by th physician who attended Mr. Bchenk in th arly part of his ni ne that the symptoms indicated lead and. araenio poisoning, Bensa tlonal scenes between, th attorney marked the first night session of th trial. It ha been decided by th defense that they will not plao Mr. Bchenk on th stand. WEST YD. LEGISLATURE KEPT FBBLI MME ' BY ABSENT REPUBLJCAFIS State Senators Have Fled State To Prevent Meeting ARE IN OHIO CHARLESTON, W. Va Jan. 10. Whlle th democrat of th state senate deny that they have any con cession to offer th republican mem ber who are remaining in Cincinnati until such time as th democrat are willing to mak terms, representa tive of William B. Chilton and Clarence W. Watson, democratic cau cus nominee for United State sena tors, are known to have conferred to day with Governor W. E. Qlaaacock in an effort to get at least on of th republican absentees to return In tlm to hav an unquestioned quorum by Tuesday when th balloting for sena tors begins- Oovernor.OIasaeock refused to make . any further statement of hi attitude towards the senate today, W an nouncement that he would transmit his message only when the legislature ia legally organised being th only expression he ha mad on th situ ation. It ww stated her tonight that th senator In Cincinnati will not r- , turn until th presidency of lb sen ate I conceded them and If thl I don they will be her within f W hour. ;';v:Kw;;ii!J:-.-H.s;'f V' After wrangling in confer for an hour th rules committee of the senate today rejected th amendment In It report providing for the Im mediate return of th fifteen republi- ( Continued on Pag Four) SCH IS C rib BEF ORE WIFE