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