THE ASHEVILLE ClflZEN.
THE WEATHER:
FAIR.
Complete Associated
Press Reports
VOL. XXVJI., NO. 152
ASIIEVJLLE, N. C, WED NESDAY ; MORXIXG, MA TiCH 22, 1911
PRICE FIVE CENTS
ASHEVILLE KILLS COMMISSION
PLAN OF G OVERNMENTBYA
MAJORITYOFWWmOfilEVOTES
Closest Contest in the
for Those
A
ANTIS" ENTER
INVINCIBLE ORGANIZATION
Business Element Cast Its Vote Early in the
Day, and Later Houn Developed Strength
of Opponents of Commission.
In one of the closest and moit ex
citing election In It history Ashe
vjlle yesterday rejected the oommla
. iion form of . government by a ma
- Jorlty of SO out of a total- vote cast
f l,tfl.
' The precinct voted follows:
For Against Majority.
No.
No.
Not
No.
No.
1
I
t
4.
I. I
1
t .
Si
10
16
.
191
ill
ITS
1I
ts
I
131
II
8T
II
.No. . .
111- 111 -- 20
The vote wii quite a large one
el nee It compares with an average
vote east by the city In the last No
vemuer election when national and
personal elements were In Iseue of
about 1M0. , i .. ' ,
. r' The result was gravely tn doubt
until the official count because al
though good "observers closely esti
mated the result, folded tickets made
them uncertain which way the else,
tlon had gone. At the close of the
poll each side feared the- other had
won. and In fact the commission men
had won until a bunch of voters were
escorted to the fifth precinct to vote
I 'against tha proposed plan and a con
siderable number, according to the
vote, appeared In the first to oast
Spies .against. Wljan tha result be
came known adherents of- those op
, posing the Plan, gathered on the
square and made a Joyful demonstra
tion. '
- The story of the day was one of vig
orous contest all along the line in ev
ery' precinct. It was soon seen that
the business snd laboring men who
were representing the commission
plan as ward workers were opposed
by gentlemen skilled -In the game of
politics, tn the getting out of the vote
and the eoralllng of the doubtful vo
ter, and that the opposition" plana
were well laid snd skilfully executed.
Vhe commission folks pinned their
faith on the untrammeled voter and
were greatly surprised, and It is need
less to say. disappointed, at the
eventuality which stared them in the
face at .4I o'clock in the evening
when the polls closed.
Exchange Courtesies.
There were some Interchanges of
courtesies, snd evesMlisrourtesles, be- I
GAYNOR AND GREEHE ARE
T
FOR Fin FROM JAIL
Oaynor Admits That He
was Worth Nearly a Mil
lion Some Tears Ago
IS NOW ALL GONE
ATLANTA. Ga., Mar. 21. Admit
ting that In 1897 he was worth ap
proximately $700,000 but that he la
without funds today and unable to
pay even a part of the $576,000 fine
Imposed upon him and John Gay
nor In connection with a prison sen
tence which has been completed Benl
mln D. Greene today began another
fight for release from the federal pris
on here. Greene appeared before
United States Commissioner Colquitt
to take the pauper's oath and the
strong fight started on behalf of the
government Indicated that a bitter
struggle Is In prospect. Gaynor, who
was convicted with Greene for de
frauding the government In connec
tion with the harbor improvements at
Savannah. Ga.. did not appear, a c'on
tlnuapce of his case having been
granted.
According to Greene who was placed
on the witness stand at the request of
Marlon Erwln. special assistant to the
district attorney on behalf of the gov- 1
ernment, he has employed In all about
It lawyers In the past few years and
has paid out more than $100,000 at
torneys fees. He also lost consider
able money In stock speculations and
real estate deals, he said, and his liv
ing expenses for years were unusual
ly high.- He also made good some
heavy losses Incurred by his wife In
the stock market, he declared, and In
addition gave away considerable money.
History of Elections in the -City Results in Victory
Opposed to the Commission Plan
fter Strenuous Campaign.
FIELD WITH
tween the opposing workers at the
polls but there were not even any
"near"" fatalities, since each side rec
ognized : that the . bombardment ot
words-was but the letting off of sur
plus feeling as an , escape valve. In
some precincts the .requirement thet
poll taxes be paid was strictly' en
forced; In other precincts there was
considerable laxity in thla respect.
Sundry good men 'on each lde,,s
usual, lost their votes because they
were not registered. It was supposed
that, the last legislature Intended to
pats a la by which a man could vote
If he was registered on either city or
county registration book, but It was
fotind that only those; whose names
appeared on the county books could
.vote, under the new law. and thus
not a few loet their votes since they
were: registered only on v the1 city
books. I ; ,
When the count out was In pro
grera It was announced that In the
second box votes against the. com
mission plan-had been. found folded
together and that there were count
ed although the poll books showed
164 men had voted while more, or
171, ballots were found tn the box.
This statement came from the com
mission headquarters, but as Judge T.
A. Jones said that the result was
not materially affected thereby no de
tailed ne.utry .P b.la tpatter
' made.
' Party lines were eliminated. The
"antls" had been claiming, to demo
crats, that the republicans would vote
solidly for the commission plan to
gain a party advantage, but god
Judges say that at least a third of the
republicans, snd some conspicuous
leaders among them too, ' voted
against the commission plan.
Official Work.
The most potent work, perhaps,
was done by sundry city officials.
These worked Incessantly against the
plan and by virtue of position were
enabled to get many votes. In sev
eral precincts policemen were exceed
ingly active in getting votes against
the commission. In some cases they
said that they were off duty for the
day and said that therefore they
were free to do as they liked. Wheth
er Chairman Van Winkle and the
police committee will take cognisance
of thla open work and treat It as a
lEHTRFJlISCASE
i.ry
AGAINST COCA COLA AND
DEFESSEBEG1NS TODAY
Plant Where Syrup is Made
Declared to be Filthy
and Unsanitary
CONTAINS CAFFEINE
CHATTANOOGA, Tenn., March II.
The government rested Its case this
evening In the hearing of the Unit
ed Mates against the Coca-Cola peo
ple and Immediately the attorneys
for the defense ' made a motion for
peremptory Instructions to the Jury
to return a verdict for the defendant
on the grounds that the government's
testimony was not sufficient to war
rant a verdict of guilty. The mo
tion was overruled by Judge Sanford
and the defense will begin tomor
row the presentation of evidence.
Dr. Wiley, chief of the food and
drug bureau of the department of
agriculture, was not put on the stand, j
the government believing it had of
fered! sufficient evidence to subntan
tlste tla contention.
Durimr the day Dr. H. . Fuller,
of the bureau of chemistry. Wash
ington .stated that coca-cola contain
ed absolutely- no eora and only., a
slight trace of kola. He declared
that the caffeine In the drink was
not mde of either coca or kola. As
a part of his evidence he filed a piece
or niter paper through which coca
cola syrup had been filtered show
ing the presence of parts of and par
ticles of Insects .and straw. He stat
ed that the plant where the syrup
was prepared was In a filthy and un
sanitary condition. - ,
Other scientists testified to the ef
fect that coca-cola was harmful to
the human system on account of
presence of caffeine and the effect on
the brain, heart, spinal cord and oth
er portion! of tha body.
violation of the explicit orders against
polio activity at the polls remains to
do seen. '
After the close of the polls the
cluiens who ."were active against the
commission plan, that is the real cit
izens of Ashevtllfv carefully avoided
any gloating over the defeated ones
and the latter generally took their
setback In good spirit, though vastly
surprised. The former admitted that
they had the assistance of allies
whose Interests and views were dl
' vergent from . theirs, but said that
the commission plan people would
not have -disdained to get these votes
If they could have gotten them.
What waa. the cause of the defeat
ot the commission plan when It had
such powerful backing? The general
talk '" was that there Were- several
causes. One waa that by some chance
several prohibitionists had been plac
ed en committees, and others were
prominent advocates of the commis
sion plan, thereby .convincing "blind
tigers'' that' commission government
would,, b prejudicial to them. An
other assigned cause . was the insist
ent though unfounded' report that a
"slate" of commissioners had been
fixed 'by the leaders of 'the commis
sion cause. . i ,
Sundry Fears,
A dlamtrlcally opposite cause was
the fear of sundry citizens that
three men. capable of earning the
large salaries under the commission
bill,' could not U secured. Another
cause assigned wss the fear of sun
dry people that the commission plan
meant that Ashevllle would be "shut
up tight" on Sunday: that the street
cars would not be alllowed to run,
etc. And lastly waa tha offence tak.
en. by many t?ltiens at the reported
utterances of commission plan speak
ers thar all those against the plan
were all "tiger." sklrmes.M etc. Oth
er rltlsen objected to the Initiative,
snd referendum.
HlTNNEWEL-k, JfCans.. March II.
Because they believe the men are
running the city as a "wide-open"
border town, the women of Hunne
well have decided to take a hand
In the city government. At a, cau
cus of women held today Mrs. J.
B. Wilson was nominated for mayor
and Mrs. O, A. Osborn for police
magistrate.
NIGHTRIDKKS ItE-APPE.R
PAniS. Ky., March 21 Nleht
riders who struck terror to the
hearts of tobacco growers during the
tobacco war of four years ago, re
appeared laat night near here, burn
ing a big; tobacco barn and destroy
ing 15,000 pounds of tobacco.
The victim of their 'Visit was J. C.
Keller, a wealthy farmer who hss
nntui.Ml the movement for an elimi
nation of the white Burley crop this
year.
(
RE ACCEPTABLE TO REBELS
PENDING NEGOTIATIONS
If They Laid Down Arms
Fear They Would be Im
prisoned and Shot
ALL ABE AGREED
EI PASO. Texas. Mar. 21. Opin
ion among Mexico lnsurrecto leaders
today over the Interview of Benor
Jos Yves Umantour In Mexico City
was about equally divided between
keen disappointment and hope that
Senor Umantour still may have plans
which he has not been at liberty to
make public.
On one point the insurecto leaders
say they were unalterably determined;
namely, they would not lay down their
arms during peace negotiations. If
there waa to be any truce, It would
be an "armed truce." This waa the
view of Gonzalea Garza, lnsurrecto
secretary of state; of Braullo Hernan
do, lnsurrecto secretary of stste of
Chihuahua, and according to them ot
Francisco I. Maderb, the revolution
ary president.
"Senor Umantour contradicts I Im
self," said Senor Garza. "In Paris he
said ho recognized the reasonableness
of the demands of his people. New
he states inferentlally that we have
not reason on our side at all. and that
our demands, such as the maintain
ing of our arms while peace plana
are considered, are an absurdity. It
Is obvious that If we laid down our
arms our leaders would go to Jail
and It would be sad to predict what
would become of the rest."
Great activity waa manifest among
the Mexican troops In Juarez today.
All the prisoners In Jail were taken
out and searched. Persons who cross
ed from the United States side were
subjected to more then ordinary scru
tiny. V
r,
v.- ::rJLrlxiM'
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l.l ,-rf."-V --fl
(ssSassssssasaBB
gisrtRw(!'.-- 'tewii.isr - .,, , w-
EL PASO, Majrch JtLThe United
States troops at fort atlas, three mllrs
northeast of here, arB snowing splen
did condition after' tbeiR arouous trtp
here tn crowded esrs. They nave en
tered Into the work t patrolling the
Mexican border with a est that evi
dences their desire for an even more
it 't
OP CLEARING MEXICAN SITUATION
American Government Makes it Plain That Friendly Relations WHi he Maintained.
Troops Will Not Cross Border Unless Necessity Arises for .
Protection of American Life and Property. -
WASHINGTON. March 21. The
so-called Mexican situation cleared
considerably here today. The atti
tude of the United Utates govern
ment haa been plain and there need
no longer be any doubt, It was stated
by administration officials today, as
to what policy the president haa in
view. 4
Maintain Friendly Relations.
Mr. Taft has announced that' he
will do everything possible to main
tain the friendly relations that so
long have existed between this coun
try and Mexico. Any rupture of
these relations tnuat come as a
result of some overt act on Mexico
soli. The United Unites has no d
alre to Interfere In the Internal af
fairs of the southern republic and
President Taft will not recommend
any such Interference to congress
unless the circumstances become such
as to penult no other possible course.
The American troops were sent lo
Texas and prepared for any emer
gency en the strength of reports
which Indicated that conditions In
Mexico were .approaching such chaos
as at any time might threaten Amer
ican lives and property In that coun
try. Iteporta Were Alarming
The reports were of such nature
that President Taft felt that he -ould
not fall to heed them. He acted
quickly and hoped that by acting
CONVICTED IALEICH MAN
IS pTEIUra TRIAL
Shot New York Broker in
Quarrel. Received Long;
Sentence in Sing Sing
ALBANY, N. Y . Mar. 21. The rourt
of Appeals today granted a ne trial i
In the case of J"hn t. Iyumsden of
North Carolina, convicted of killing i
Harry, B. Buyoam. a broker, in New
York city on December it. 18'lfi.
Lomsden was found guilty of nian-
aalughter. first degree, and sentenced
to Imprisonment at Bing nlng for nor
lea than IS years nor more than 19
year and six months.
Suydam was shot during a quarrel
and laimsden pleaded self-defense.
The court's derision was based on
an error of the trial judge In carglng
the Jury at the request of thee aselst
ant district attorney.
' WEATHEK rXJUKCAST
WASHINGTON. Mar. 2 1 .North
Carolina, generally .' fair Wednesday
and probably Thursday Ugh to mod
et south wind.
,v -v. , Kt,
if 1 iml: 1
I t: '- -
"V - rr? Jx
OFFICE RS "4 VU.S.CAV. fORT BUSS, LEFT TO R6HT-
LltWT GARDEMMlRE.b.M. "'J.ttt'VtXlMr.
active orcu patlon -for Instance, such
ss crossing to Mexican aotl. The
fourth United States cavalry, Vhlrh
has arrived at Fort Bliss, forms ths
principal military force nere, -ttia tn.
fantrymen at fort Bliss are re-oper-J
atlng with the cavalrymen tn protect
ing Amerlcsn property ana ttr pre
I quickly the threat of danger would
! be stayed. He believes that to a large
i extent thla haa been accomplished
, He believe that the presence of the
army in Texas, within striking dls
j tame of the Mexican border, has had
' a sobering Influence and that Amer.
f leans and Americanproperty will b
I reaper ted. Ho long aa Americans en
j gaged In lawful pursuits are not mo
1 tested and so loiig As American prop
! erty rights are protected, Mexico
: need not bn alarmed by I he reports
! of an American Invasion which have
i been spread In 'Various quarters by
I irresponsible persons.
There will be no move toward the
; Mexican border unless outrages so
: flagrant as to call for the presence
J of a protecting force occur. Even
I In the event ot such an outbreak
! President Taift would not think Of
'acting without the consent of con
I gress.
The president felt that It was his
duty as commander In chief of the
army and navy to prepare for an
emergency, so that If congress should
bo called up to at't, Its orders could
b rarrled out with the greatest pos
sible speed.
llax Mtixt Kcwtore) Order.
How long I he troops will remain
In Texas will depend entirely upon
developments In Mexico. The Unit
ed States government has determin
ed lo give President Dlax ewery pos-
WILL OBSERVE SADDAATH
DAYJINJPDSTOFFICE
Postal Employes Will be
Allowed as Much Holiday
as Possible to Work
WASHINGTON, Mar. Hundsy
work in post offices throughout the
country la to be discontinued so far
as Is consistent with the facilitation
of the transmission of mall.
' In the Important postofflces only
auch work as will prevent congestion
flnj delay of malbt mt b done.
Mails will he relvd and despatched
as heretofore, while arrangements will
tm made for a llmlt'-d delivery through
the general delivery windows. The
distribution of mall to boxes will be
continued. 8p.-( Iftl delivery letter will,
be delivered and patrons of any office
will be afforded the privilege of hav
ing their mall delivered on Sunday
by depositing the rwiulred fee for
special delivery service. : ,.
Postmaster General Hitchcock'
Idea I to afford employe of the pos
tal service one day's rest in Sevan. .
ftf!s frt j - - : S
BUSS
ft-
" " l V
f ftoER. '-1
, , , i ,,,, i -.ii..,.,' i, i- ,., i n -r : n
venting armed Mexicans rrom cross
ing the Rio Grande to aid in trie o:s-
turhanoag in tha Dlab repubrfc, y , The
officers appearing la tne accompany
ing photo command ths rourtn Unit
4 Stat eg cavalry, and on them de
pend the ptoper guarding of tha bor
er for about ten mile north and
ten mile south of El Psso.
glble chance to restore order In his
rSDUbllf. President Tmtt haa iiatae.
mined that this government shall
ruinii its international obligations in
topping the smuggling of arms and
ammunition across the hnrite m-hM
It is known that they are to be used
for purposes of war. The enforce
ment of the neutrality laws tailed for
the nresehce of tnanv mAAtttnnal
troops and waa one of the causes of
ine recent army movements. Hav
ing carried out its obligations In this
respect, the United States would feel
free to act further If the necessity
might arise.
President Taft la honiafut ih. hi.
necessity will not arise. But go long
,s mera is a possibility of danger,
he will keep an adequate fore near
at hand. f
Mexico Make No Proteait.
Mexico has . made no .. protest
gainst the presence of ftroops In
Texas. guch a protest would be re
garded as undiplomatic Inasmuch at
the troops are on American soli and
must remain on American oil until
congress shall otherwise direct.
President Taft repeatedly has as
sured the Mexican ambassador, Mr.
le la Barra .that the Mexican gov
ernment need feel no alarm over tha
movement of the troops. He has sent
thesamo assurance to the City of
t - ksnir mn tjs.
(VntinwMl on Vngm Four.)
DANGEROUS FIRE ALMOST
Raging Plames Damage
Property In Staunton to
Extent of about $200,000
8TACNTON, Va.. Mar. 21-Approx-Imately
1290,000 daman waa
'by a lire which threatened to destroy
tne ouslnesa section her today. Tha
conflagration started shortly after
midnight in a stable and spread rap
idly. Klre department at Charlotte,
villa and Clifton FOTgrient aid. The
firemen worked until noon before es
tlngulshlng the flames, ' " making a
hard nght to save property, Then
Btaunton Milling company's plant and
a block of stores war destroyed and
the Beverly hotel damaged about 15,
000. Thla afternoon ther - waa a
fresh outbreak when If. C. Braxton'
store caught fire evidently from spon
taneous combustion. He bad large
lock of oil and gasoline stored and
bad shut alt tbe windows during the
previous Are. At one time tha flames
jumped twenty feet across Lewi
rreet and Ignited several warehouse.
VETERANS OFLOST
GAUSEWEBEBEADY
FOR CALL TO ARMS
Confederate Grays of fort
Worth Offered Services '
toWarDepartmont
TO PROTECT WELFARE
OF COMMON COUNTRY
Offer Declined with Assurance
That There Is No Chance
of War Coming '.V'-r
" WASHINGTON. March. It-Doclar.
tlon of the utterly paclfla Intention
of tha administration toward all the
world, and a tribute to the bravery
and soir sacrifice, or the. Bouth,. era
the features of a letter addressed bf
Secretary of War J. ls Dickinson,
himself a Southerner, to aa organisa
tion ot Confederals veterans In fort
Worth, Texas, which offered Ita ser
vices Infantry to "our Common
country." - . "
.. :.i Volnnfera for Duty ' .
Tha offer came under . date : at
March 11 from the 'Tort Worth
Confederate OraysV The Utter Stat
ing that by unsnimous vote the ory
ganlaatloa had directed lt off leers te
tender service for "duty as United
Btatee soldiers en the Mexican bor
ders or In any other capacity .a vol
unteers In ths present crisis Involv.
ing. ths welfare of our common coun
try.' "Tou know what we were In the,
sixties," tha letter - concludes, "and
we sre mil Imbued with the seme
plrlt." '
Secretary Dickinson declares him-
anticipating that our country will In
the near future become Involved In
hostilities - with ' any other country,
"We are at peace -with all the world"
he says, "our record In the move
ments looking foward tha malnten
anre of peaca with other nations,
and the adjustment of International
dtlTerencss by arbitration and similar
methods rather than resort to arms.
Is based upon a flsed policy that will
not. I believe, be departed from. For
us to become involved in war1 there
would have to be anme un. .
wrong perpetrated upon us by en
other nation." .
. The secretary ayi that even In.
such event a . reason undoubtedly
would be Invoksd, adding "that the
attitude of the president In regard
to peace and peace , movements Is
such that ha villi not permit, so far
he can prevent, our government
to become Involved In hostilities with
anv other government" : '
v Tha letter continues, ; 'It Is trnfoiC
tunate for our country, and fer tha
peaca of the world, (hat a disposi
tion Is shown by those who are reek
less of ths general welfare of man
kind to stimulate, by falsa statements
and evil suggestions, distrust and.
jsaloualea between nation. ftueh
thing hava In former time brought
on war, but X ballev that ther I
a stronger, eorrectlv now, In pub
lic oplnoln of euen Influence than
ha ever hitherto existed, and that
(ContlnnM on Page rear.)
DEPARTMENT EXPUCiS -ACTIOS
IH SEK1
two souTHEBri v;o:.:En
r f ' , y
Regrets Notoriety but Wo
men Had Dutiable Ar- ;
tides Undeclared : ; I
NO PROSECUTION
WASHINGTON. Mar. Jt.Th pub
licity which attend the search of the,
bairiaie of Mrs. Jo. W. Hull, and her
daughter, of Savannah, On., on board
the steamer Lwsl tenia oy custom ,
officials at New York, on Marem IT,
and tha criticism of the action of tb
customs officer was the cause of a
official statement on the caa mad
by the treasury department today.
The statement say:' ... - , .
"The department was ad vised that
some member or member of th par
ty would attempt to pas certain per,
aonal effects through the custom
bouse without the payment of duty
and consequently direction were glv,
en for the careful examination tha
baggage. Tbi examination disclosed
the fact that there had been omitted :
from their declarations ' over
worth of dutiable merchandise. . In.
accordance with the law applicable In
such cases, seisuns of tha undeclared '
article was made and forfeiture will
b completed- The department ha,
however, not deemed It necessary to
report the facta to th Ialted State) 5
attorney for hi action., in view ot
th. dlsagreeebl notoriety to which '.
the women m question havs already,
been subjected, , 7
"H has no comment- make uopn
the searching of tha. persons by tha
Inspect reae cxecpt to regret that th
tact were made public." ,
The statement was made after ss
slstsnt secretary Custfs had had a
talk over the long distance, llep!o
with Collector Lu