THE ASHEYILLE "CITIZEN.
THE WEATHER:
FAIR.
Complete Associated
Press Reports
VOL. XXVII., NO. 144
ASIIEVILLE, N. C TUESDAY MORNING, MARCH 14, 1911
PRICE FIVE CENTS
mm SAYS THAT
NEWSPAPERS ARE
LOSING fN POWER
Too Much Space Devoted to
Crime and Domestic Infeli
city He Thinks
CHLOROFORM READERS
, FOR GREAT INTERESTS
Another Fault Is Sensational
Method of Dealing With
Public Questions
PHILADELPHIA, Pa.. March IS
Wm. Jennings Bryan and Rollo Og
den, editor of the New York Evening
Post, discussed "The Influence of the
Modern Newspaper" here tonight at a
meeting of the Contemporary club.
Mr, Bryan declared that the mod
ern newspaper has lost much prestige
under Influence. Among the causes
for this loss of Influence, he said, was
the devotion of too much space to
m crime and domestic infellcltly. Be
cause the public seem to demand news
of this description, he said, was no
reason that it should be used. A
journalist should not sell things that
are not good for the public to read.
Another evil, Mr. Bryan declared.
Is the discussion of public questions
from a sensational standpoint. ('or
exam"1' he decried the manner In
which ie present movement of
troops is being discussed In some
newspapers. Such discussion is apt,
Ohe said, to engender a situation which
might cause an International contro
versy. Editorials which do not ex
press the opinion of the writers but
re ordered by the business offiffces
of the papers are another great evil,
declared Mr. Bryan, who said:
"The greatest menace to our counJ
try today Is the pollution of the edi
torial and news columns by Interests
that are practicing grand larceny on
the people. Many of our great news
papers are owned by interests which
have their hands in the pockets of
the people and use the papers to
chloroform the readers."
Mr. Bryan advocated the passage
of a law which would compel news
papers to publish not only the names
of their nominal owners, but. also the
holder of mortgages upon the prop.
v HfeV". .. ,-v;
Mr. Ogden, who had opened the
fllscusslon, said when Mr. Bryan had
Concluded: "Mr. Bryan has spoken
some great truths, but If It can be
' said that the people have the priests
and politicians that they deserve'
' r- they also have the newspapers they
' . deserve."
TELEGRAPH OPERATORS IN
IP BROKEN SHIFTS OBEY LAW
Supreme Court Upholds
Practice in Vogue Among
Many Railroads
GOVERNMENT SUIT
WASHINGTON. Mar. 13. Rail
roads which employ telegraph opera
tors for hours and then, after an In
terval, for three more comply with
the federal "hours of service" law of
1J07. Such was the decision today
of the Supreme court of the United
States despite the claim of the gov
ernment that the nine hours must be
, consecutive.
The question of the meaning of the
)tw arose In a proceeding begun by
ihe federal government against the
Atchison. Topeka and Santa Fe rail
road company to recover a penalty for
an alleged violation.
A telegraph operator at Corinth.
111., Just outside of Chicago, remained
on from duty from 6.30 a. m. until
noon dally. He then laid off work
until i p. m., when he resumed duty
to quit for the day at S.30 p. m. j
The government claims that this was j
a violation of the law designed to j
avoid railroad accidents due to fa- j
tlgue en the part of employes. The '
railway company contended that the !
law Intended merely that the strain !
Incident to continuous work should be I
relieved by Intermission and did not j
reqalre the employment of more op- !
eratora than were needed to carry
on the work safely. , !
CARNEGIE) TRI ST INVESTIGA- j
TION
NEW YORK, Mar. 13. The grand
Jury today began an investigation Into
Bthe affairs of the Carnegie Trust com
fpany which closed on Feb. 1. Three
witnesses were examined. The inves
tigation it Is sM may result In the.
Indictment of two and possibly three
persons on charges of forgery.
Jos. G. Robin, the Indicted presi
dent of the Washington Savings bank
who Is said to have furnished dis
trict attorney Whitman with infor
mation concerning the Carnegie Trust
company, visited the district attor
ney' office before the case- wa pre
sented to the grand jury.
PRESIDENT TAFT
HAS CONFERENCE
WITH SEC. WILSON
Acting Secretary of State Goes to
Augusta to Consult President.
Object Secret. Troops Patrolling
Border.
AUGUSTA, Ga., March 13. Hunt
ington Wilson, acting secretary of
state, slipped unexpectedly Into Au
gusta today and had an hour's con
ference with President Taft. He
brought a heavy- portfolio of official
papers with him. Mr. Wilson return
ed to Washington tonight. On his
way to Augusta Mr. Wilson stopped
over at AiKen, a , a, where Mrs.
Wilson, who accompanied him from
Washington, will spend a week or
two. It was later stated officially
that the acting secretary's trip to
the South at this time was due en
tirely to his wish to accompany Mrs.
Wilson to Aiken. Co-incident with
the arrival of Mr. Wilson, President
Taft received dispatches from Uen
eral Wood, chief of staff of the ar
my, stating that the mobilization of
troops In Texas Is practically com
pleted. The patrolling of the Mexican bor
der, It la said, undoubtedly will be
accomplished largely through a se
ries of practice marches or "hikes"
as they are known In the army.
This will enable the war depart
ment to carry out its program of
useful training to the officers and
men as part of the work of main
taining the neutrality laws.
Will Not Increase Troops.
It can be stated positively that
there is at present no intention of In.
creasing the number of troops now
In Texas. It 1b believed that a suf
ficient force is now on the ground
for patrol work for any Immediate
emergency that might arise.
Acting Secretary Wilson's vhjlt to
the president offered nn opportunity
for an official dfenlal of a report
recently sent out from Washington
that there had been friction between
President Taft and the Btate depart
ment officials, including Secretary
Knox, regarding the handling of the
Mexican situation.
President Taft was delighted be
yond measure today when Informed
of the decision of the United States
Supreme court upholding the validity
of the corporation tax. M r. Taf t's
Insistence put this law. on the statute
books. All during the long tariff
fight over the Payne-Aldrlch bill, the
president Insisted that such a law
would be held to be constitutional,
despite the fact that many senators
and others who opposed It expressed
the belief that It would not stand a
test before the hlKhnst tribunal 1(1
the iRnd. Mr. Taft defended his ac
SINKING OF THE PURITAN
OF CAPTAIN A.M. KNIGHT
Monitor Was Sunk While
Explosive Tests Were
Being Made at Norfolk
WHO IS TO BLAME?
NORFOLK, Va Mar. 13. Rear
Admiral W. A. Marshall, command
ing the Norfolk navy yard, today
took the stand before the court mar
ial trying Captain Austin M. Knight
in connection with the sinking of the
monitor Puritan here last fall follow
ing explosive tests to which the ves
sel was subjected under the direction
of Captain Knight.
There have been wide variances be
tween Admiral Marshall and Captain
Knight as to the responsibility for
the sinking' of the Puritan.
Admiral Marshall testified that he
considered Captain Knight to be In
charge from the time he boarded the
Puritan and proceeded with her In
tow to the anchorage where the ex
perimental tests which resulted in
her sinking were subsequently con
ducted.
Major Leonard, conducting the de
fense of Captain KnlKht, sought to
show that Admiral Marshall and not !
Captain Knight was In charge of the
Puritan. The fact that the Puritan
floated twenty hours after Captain
Knight's work was done Is the ground j
upon which the defense believes the
court may find it necsewirv to fasten I
the responsibility elsewhere.
TEDDY IX DALLAS.
DALLAS. Tex.. March 13 Col.
Theodore Koosavelt spent the sev
enth day of his tour 1n Ran Antonio
Inspecting the maneuvering camp at
Fort Bam Houston, where he was re
ceived With an. artillery salute and
made an address at the Alamo;
thence at Austin, addressing a large
crowd on the campus of the Univer
sity of Texas, and tonight declared:
"Failure to fortify the Panama
canal would be en act of criminal
folly," when he spoke at the Dallas
chamber of commerce dinner.
TPRISING SPREADS.
WASHINGTON, March 1J The
uprising In Mexico has spread to the
states of Coahullo and Morelo. ac
cording to advice received today by
theevolutlonary agent her.
tion In signing th Payne-Aldrlch
law largely upon the fact that It
contained the corporation provision,
the tariff board and gave substan
tial free trade to the Philippines.
The corporation tax proved a great
success and In- addition to bringing
approximately tl$, 000,000 Into the
national treasury during the first
year of Ha enforcement. It gave the
government much valuable Informa
tion regarding many of the big inter-state
corporations.
Will Not Art on Pardons.
The bitterness with which the tax
was fought was reflected in the state
ment of a Chicago banker, now stop
ping in Augusta .that his Institution
alone put up 110,000 to test the
validity of the law.
It now seems practically assured
that President Taft while In Augus
ta will not act on either one of the
cases of the two convicted banker.
Charles W. Morse ,of New York, and
John R. Walsh of Chicago.
The president has not looked at
the papers. To act upon them as
he usually acta upon parddn cases
would require several days of office
or library work. The president came
to Augusta for rest and is anxious
to spend as much of his time as pos
sible out of doors.
Mr. Taft had an Informal confer
ence today with Chas. M. Dow, of
New York, chairman of the Niagara
commission, regarding future plans
to preserve the falla from ?.,..,.
Inroads of power companies. He ulso
talked over the subject of magazine
postage with Albert Shaw and W B
Howland ,two New York publishers.
Today Mr. Taft made the eigh
teen holes of the Country club golf
course in ninety-seven as against 101
on Saturday last, and Is much pleas
ed with the improvement his game
has shown.
During an automobile ride' this af
ternoon, the president visited the
Augusta arsenal and was reeefN-ed
with a salute of 21 guns.
XO MOBK TROOPS ORDERED.
WASHINGTON. March 11-CSen.
tWooJ itoday fil4, that, the war -"
partmebt has ordered more !
the south. This statement was made
because of persistent rnmr tt...
other division of 20,000 men was
uoout to be assembled on the border.
It Is the Intention of the war de-
.'('ontiniifil on Pago Three)
IE
ATTORNEY PLEADS THAT
SHE IS IRRESPONSIBLE
Rather Than to Electric
Chair Should be Locked
Up as Insane
POISONED HER CHILD
ALBANY, N. Y.. Mar. 13 Mrs.
Edith Melber, on trial for her life
for the murder of her four year old
boy. sat for an hour In court today
scarcely moving a muscle while her
attorney, In his opening statement,
told the Jury why he thought she
should be sent to an Insane asylum
for the rest of her days rather than
to the electric chair.
Several Jurymen were moved to
tears while the lawyer narrated the
squalid story of her life since child
hood: the ravages of consumption
which were apparent In her and
would carry her off as it did her
mother and husband, and described
the hejplessness ami Irresponsibility
of the defendant when she forced
down the throat of her child the
burning acid, then leaving the body
In a dreary mursh.
Several witnesses for the defense
admlued on cross examination that
Mrs. Mclber always appeared rational
to them.
CHINA TO HAVF. OONKt'LATKK.
MEXICO CIJTY. March 13 -Shl Al
Shun, Chinese charge d'affaires, today
made the announcement that his
country has decided to establish con
sulates In the more Important ciilcs
of Mexico.
EX PRESS STRIKE IXCHAXOED.
NEW YORK. March 13. Few
case of disorder marked today's de
velopment In the Adams Expreri
company's drivers' strike. One driver
was beaten and several were stoned
by sympathizers of the strikers, but
little general Interference blocked the
routine achedul. The company is
sued a statement tonight In which It
said that practically all perishable
shipment had been moved and that
the situation was clearing. Officer
of the strikers' organization aald that
the situation ws practically un
changed. : .(..--
l?i r certainly " r' y r jy jf I
TP, K. vi a v s fo c iwA
"m $LAcm
SUPREME COURT UNANIMOUSLY HOLDS
CORPORA TION TAX CONSTITUTIONAL
Measure Han Been Under
i Right to Select Measure and Objects of Taxation Devoles Upon
Congress and Such Selections are Valid.
WASHINGTON March II. In an
unanimous opinion the Supreme eourt
of the United State today held that
the corporation tax provisions of the
Payne-Aldrlch' tariff act were consti
tutional. This ended a controversy
waged almost continuously since Pres
ident Taft first suggested the enact
ment to congress, f.
An elaborate) Treatment. '
The opinion -f.was announced by
Justice Day, appointed to the Bu
preme court from Ohio In If 0a. It
was an elaborate , treatment of the
Subject, containing approximately ten
thousand words. About halt an hour
wml Mjt4?ii4MfU i ;tttta.
plaining to th bar the position of ihe
court, the printed opinion being used
a a basis for the remark.
The Justice first determined that
the tax was Just what was claimed In
the bill, namely an excise tax on the.
doing of corporate business and not
a direct tax on the ownership of
property. With that point decided,
the Justice took up at more or less
length the various objections urged
against the tax as an excise tax nnd
disposed of them to the satisfaction
of the court. Finally he Interpreted
the law so as to apply to real estate
companies and the so-called public
service corpora tlnns but not to "real
estate trusts." The opinion predi
cates that the tax- "Is Imposed not
upon the franchises of the corpora
tion Irrespective of their use In busi
ness nor upon the property of the
corporation, but upon the doing of
corporate or Insurance business and
with respect to the carrying on there
of In a sum equivalent to one per
rent of the entire net Income over
ENTHUSIASTIC OFFICERS
OF
Two Thousand Want to Re
ceive Instruction on Mex
ican Boundary
WASHINGTON, March 13 The
enthusiasm of the officer of the
militia of the various state and ter
ritories over the opportunity offered
them by the war department for field
experience In the present military op
erations In the southern border states
continues unabatc).
Oen. Leonard Wood, chief of staff
of the army, has received a total of
1.J60 acceptances. MaJ. Gen. Carter,
commanding the troops at Bon An
tonio, has been asked by the war de
partment to prepnre a program Indi
cating the number of militia officers
he can aceommolnte at one time.
When this Is received the department
will arrange a schedule with a view to
granting, if pnsalble. field Instruction
to ail the officer -f the militia who
have accepted the department's Invi
tation. AccordlnK u, the present plan
about 200 mllltlii officers will be sent
southward at one time and the period
of Instruction will be about two weeks
each.
WASHINGTON, March 13. Fore
cast: North Carolina Clearing Tuesday,
Wednesday generally fair, light to
moderate visible wind.
1
FAIR
House Cleaning Time Has
Attack Ever Since Passed by
and above It. 000 received from all
source during the year: that I when
Imposed In this manner It 1 a tax
upon the doing of business with the
advantages which Inhere in the pecu
liarities of corporate or point stock
organisation of the character da
scribed. A the latter organisations
share many benefit of corporate or
ganization, It may be described gen
erally as a tax upon the doing of busi
ness in a corporate capacity,
"This View of the measure of the
tax is strengthened when w not
that as to organisations under the
law of forengn rountrte ihe amount
;A.rwj9ma, fcn, above .M0 ln
elude that . received; fromtbuelnes
transaction and capital Invested In
th United State, , th territories,
Alaska and District of Columbia.
Answer Objections..
Answering the various objection
raised against the tax, Justice Day
first took up the contention that It
wa a direct tax. and, unconstitution
al fur the same reasons that the fa
mous income tax law was declared
unconstitutional In IMS. Ha pointed
out Hint the income tax wa held to
be direct because Imposed upon prop
erty simply because of Its ownership.
"Jn the present esse," said Justice
Day. 'the tax Is not payable unless
there Is a carrying on or doing of
business In the designated capacity
and this is made the occasion for the
tax. measured by the standard pre
scribed." Justice Day next took up the ob
jection that the provisions in question
levied a tax on the exclusive rtght of
n state to grant corporate franchise,
In that It taxed franchises which sre
BREAKS UP CONFERENCE
Dix, Murphy and Gaynor to
Confer on New York Sen
atorial Situation
ALBANY. N. Y., March 12. Plan
for a conference on the enatorial
situation tonight between Gov. Dix.
Mayor Gaynor. of New York, and
('has. P. Murphy, leader of Tammany
Hull, were upset by the failure of
Mr. Murphy to reach Albany this
arternoon as he had planned, and as
a result the three will not meet until
tomorrow morning. The conference
was arranged y Gov. Dix In ac
cordance with the efforts he has
made to end the long deadlock In
the senatorial situation. It Is be
lieved here that the recent letter of
Mayor Gaynor, volunteering his as
sistance In breaking the deadlock,
was one of the cause that lead the
governor to act.
Gov. Dix said tonight that he had
no particular candidate in mind to
cuirgest to the conferees. So far urn
he knew, the governor ld, the may
or had no Intention of advocating
any particular candidate at this time.
ARMY OFFICER DIES.
NEW YORK, March 1 3. MaJ. Wal
ter A. Thurston, V. S. A., of Hunfa
vllle. Ala., died at Helierue hospital
from Injuries which he received ten
days ago when he fell from window
In a sanitarium, where he wa a pa
tient. He was a graduate of West
Point and had served thirty year In
the army.
(XrTTOf BROKERS St'KPE.N'D
NEW ORLEANS. Mar. 11 At th
opening of the cotton exchange this
morning the suspension of the fu
ture brokerage firm of Kepilnger and
Bmwn was announced. No effect on
th market wa noted at th opening-
to Come.
CongressCourt Holds That
th creation of a tt la It sovereign
right and authority.'
"We think," say th opinion, 'It
1 the result of th usees heretofore
decided In this court, that such busi
ness activities though exercised be
cause of state-created franchises are
not beyond th taxing power of the
Unltod Btate.
"It cannot be up posed that It was
Intended that It should be within th
power of Individuals acting under
stat authority, to thu Impair and
limit' th exertion of authority whioh
may be sntltl to . national slt-
enc. '
JuiUc Xay next addressed hlnw
ir to th objection thai tn tax wu
unequal and arbitrary.
Tax Not Arbitrary.
"Th thing taxed." said he. "I not
th mer dealing In merchandise, in
which the actual transaction may be
th sum, whether conducted by In
dividuals or corporation but the tax
Is laid uoon th privilege which ex
1st In conducting business with the
advantage which occur In th cor
porate capacity of those taxed and
which are not enjoyed by private
Arm or Individuals. These advant
age are obvious, nd have led to the
formation of uch companies In near
ly all branches of trade. The eontl
nulty of the business, without Inter
ruptlon by death or dissolution,, th
transfer of property In thl by th
disposition of share of stock, th ad
vantages of business controlled and
managed by corporate director, the
general absence of Individual liability,
these and other things Inhore In the
Continued on page Hire)
MANEUVERS MERELY FOR
TRY!
Which is One Explanation
of Why Troops Were
Sent to San Antonio
SAN ANTONIO, Tex., Mar. 13
Major General W. H. Carter, com
mander of the 'ma.neuver division"
today said that the "maneuver" in
Han Antonio were to try out om
new field regulation. "There I no
other significance attached to the as-
enabling of troop In Bsn Antonio,"
said General Carter.
"The war department looked upon
San Antonio a a place adapted for
maneuvers and that Is why the troops
are here. There Is everything here
that might be met up with In the
field.
"The division now assembling here
might be called a " brick around"
which we propose to build a house,
or one might say It Is a nucleus of
an army. We have this division.
"There I positively no truth In the
rumor that additional troops hav
been ordered here. If uch wer the
case, I am ur that I would know
something about IL"
Major Von Herwerth of th Ger
man army, military attache of the
embassy at Washington, la th first
representative of the European arm
ies on the ground. He wilt be her
at least two week. That other for
eign" attache are on the war wa
mad certain today when provision
was made for tentag for thoew who
prefer living in camp father than ho
tels. -
Alt of th troop ordered her ar
on th ground except th nlntte 'Cav
alry and th fourth field artillery from
Fort D. A. Russell. Wyoming. .
AMERICAN LEADS
INSURGENT DATiD :
THROUGH MEXICO
Harvard Grduate Makes Spec
tacular Dash Through .
Northern Mexico I
INSURGENTS RECRUITED;
BY MANY AMERICANS
&
Crolghton and Forces are With
in Striking Distance otV
Juarei Now , . '
EL PASO, Te March' II. Capt.
Oscar U. Crelghton, Harvard rad-.
uate, with a band Of lnurrcto,
many of whom ar alio American,
tonight camped fifteen mile wuth of
Juarea. ' - , ,
No fear I felt that th tnsurteu.
to ar planning an attack en Juare.
Th presence of th revolutionist
I looked on aa n ffoi't to Indue
Gen. Navarro' 1000 men to UM th
Held. Crelghton reached the vicin
ity of Juarea after marching south
about .100 miles along t he Mexican
National railway, leaving in hi wak
a trail of burning bridge. Hi ar
rival near th border was spectacular
for. after releasing American who
had ion Into Mexico to Investigate a
mine at Chlco, too mile south, and
who had sought hi protection, h
waited until dark to announc hi
presence by w tarrlflo ' explosion,
which wrecked a bridge at Moia. ten
mile south of Juarss. ' .
Th destruction of the bridge tied
tip th railroad which for a tim had .
been open aa far a Candslarla. It
also put an nd ta th hope of send
ing relief by train to Chihuahua.
D. B. Smith, Hf.t "T, " Hwoyer and,
Marshall Csssldy, who led the mining
party, reached El Paso tonight and
told th story of their trip. Crelgh
ton cam front. New York, they (aid.
. Cltlaen of the United State ar
rapidly- becumlng leader of mH
band of Insurrectos, according to re
port from the Interior, Where they
ar not experienced enough to tak
command they ar grouped ' under
command of their own countrymen, ,
Scores of American ar applying
for ' - enlistment at..' th ,v Insurrecto
Junta, despite th threat "Of the Vint
government to punish with death any
on psrtlclplating vn In a slight d. .
cr with the revolutionary move
ment. What disposition i mad of
the applicant Is not given out by
th Junta, but It I known that the
men do not remain long In HI Paso.
Much fear Is expressed a to th
fat of fifteen Amerlcsns who wer
taken prisoners by th federal troop
at Caaaa Orandes a week ago. It I
th opinion of som that tn men
wer shot . ;' iVfV-vv-
Th story of Crelghton'e campaign
through th heart of northern Mex
ico without opposition by fdrI
troop caused much comment in El
Peso. It wa said -that) throughout
hi entire march not a hot was-flred ,
at him. According to report re
ceived by th Junta tonight l fed
eral soldiers war killed ftt.Barago, -on
the border- twelv mile at of
El Paso. Th federal went out from
Juare ta lay a mine under a road
and th mine exploded prematurely. ,
NOT KNOW! AT CAMBRIDGE.
BOSTON, March If. Th nam of
(Continued on Fm Tnro
BE
?inm,i
OF
Much Influence ' Will - be ;
Brought to Bear on Ga. ,
Pardoning Board , h
MUCH SYMPATHY
iTi.iiw na.. Mar. '. lt.-Edar
Stripling, who wa serving a chief
of police at Danville, Vs., under th
nam of Morris, wa r-arreted after
fourteen year freedom, on th eharg
Of 1
murder, will not get paroon xrom
the
Georgia pardon board If th win-
-iutivM of th man ha killed
ow
i.-ir.r iifflcient Influence to bear..
Thl statement was mad today by'
Mrs. G. M. Nelson, oi nam ooumy,
rnrtnerlv Mrs. William i. Cornatt
widow of Stripling' victim. Speak-
tng of those who ar eeexing einp ,
ling" pardon, Mr. Nelson says: .
"They seem to forget that ther l
a widow, children, agod father an
mother and lter for he wa tin ,
only boy in th family) whom tht .,
loved one whom Stripling shot kill-,
ed. can never return. Other petition ,
nrf letter acalnat th pardon alat
ar being received , by the governor
some coming irom imnvute, va. u
th other hand, howover, hundreds ok
i.teni and meeage ar being receiv
ed urging th pardon of th prison! .
on th ground that during hi free
dom he led an exemplary llf and
reared a largo family who will suf
fsr by hi Incarceration. The pr t
com mission will hold It next i
ing early In April when it is i
th Stripling case will be