:
THE ASHBLE
ZEN.
THE WEATHER:
BAIN.
Complete Associated
Press Eeporti1"
ASHEVILLE, N. O, WEDNESDAY QBtflNG, MA HCII 23, 1911
VOL. XXVII- NO. 153
PRICE FIVE CENTS j
HEVOLUTIilSTS
GREENE GAINS HIS
unit
EFFORT OF YEABS
"As Through A Glass Darkly
WILL FIGHT I1KTIL
SENATOR OWEN Oil
REFORjyiSARE HAD
Will Not Lay Down Arms On
Personal Guarantee of
v Any Individual Man
Illinois Legislature Consider
ing Initiative and Refer
endum Plan
Indefinite Cleanliness Was Not
Guaranteed by Previous
Court Decision
For First Time In Twelve YWrs
yalks Forth From Prison U-
A rreo Alan . -
eiTi
LEGISLATORS HEAR
IMMUFilTYBATHTO
MEATPACKERSNOT
A PERMANENT ONE
REFORM
MEASURE
lSra .-against ,T '
REPRESENTATION IN
GOVERNMENT ASKED
Imprisonment and Mysterious
Deaths Would Follow Sur
render of Arms
WASHINGTON, March i2. An
nouncing th( thy will not ley down
their arms until formal negotiations
for peace are under way, the, revolu
tionary party of Mexico, through Dr.
Vasque Gomez, their, representative
In Washington, trailed ft . statement
today ' outlining the attitude of the
revolutionist toward peace overture
and reform in the republic. The
statement ay:
Mast Have Guarantee.
. ; "The revolutionary party, which I
constituted of the beet men of the
country, cannot accept a a guaran
tee only the promise of a government
that hag for for . more than thirty
years been promising, and ha never
fulfilled a single one of its promises.
.-t'Th revolutionist think, and with
'reason, that immediately after lay
ing down of "their arms, many of the
leader would die mysteriously, no re
form would be granted end the op
pression would be greater, than ever.
"For this reason the revolutionist
will not accept as a guarantee Mr. 1.1
mantour or any other Individual; be-,
causa on man cannot and must not
serve a a guarantee for a political
party' fighting- for the . liberty of a
people, and -much less when such a
man ha been, and is, the right hand
of the oppressing government. The
revolutionists do not desire the com
plete elimination of the opposing
party, because one knows that It Is
necessary to have opposing parties in
a naUon in order to maintain party
equilibrium and righteous administra
tion. Want Representation.
. "The revolutionary party must be
represented ,in the government at the
. tate tittne cojig and In the eab.
Inet. lm well known that up to the
present pot a single member of the
cabinet or a representative of the
people has ever made;the leat protest
In regard to the greaT political abuse,
the unjust Imprisonment, and the
numberless political assassinations.
"For all these reasons the reovlu
tlonlsts will hot lay down their arms
until , the me When these rerorms
that guarantee the lives of the peo
ple, the administration of Justice and
political liberty shall be In effect."
PRIGTICFiTi 01D SHIP
Battleship Texas . Out of
Commission was Riddled
by Long Distance Shots
MORE EXPERIMENTS
WASHINGTON. March 22. These
re some of the things that Secretary
Meyer saw when he boarded the San
Marco between volleys yesterday:
The dummies representing sailors
In fighting tops of the ship unscathed
in spite of the great number of vol
leys fired st the ship. This was a
tribute to the excellence of the gun
pointers' work, as they were ordered
to Confine their fire to the hull and
turrets. A raging fire Inside the ship
caused by the explosive uhell which
penetrated her sides and made It Im
possible for the observers to go below
the main deck to ascertain the dam
age. A shell, somewhat broken In
side the conning tower whose nine
Inch steel wall It had pierced on one
slo. This was not an explosive
shell. A number of holes clear
through the hull from one side to the
other, the greatest damage being done
on the farthest side of the ship.. None
of these holes, however, were through
the eleven-Inch armor belt. Some
animals, however, were unharmed. A
Hie interior explosions. Some of the
animals, howeevr. were unharmed. A
eat walked quietly out of one of the
turret, the base of which had been
smashed by a twelve-inch shell. The
further experiments to be made with
the ship will be confined to attacks on
the armor belt and and turrets. No
efTort will be made to raise the Ban
Marco. It would cost several hun
dred thousand dollars to float the
hlp and jeatore her to her original
'condition, and she is not worth tt. -
. PLEADED NOT CniTY
NEW ORLEANS. March 21. Gus
3. Teager. Thomas J. Cook. Joseph
H. Glorious and Walter W. Ryan,
indicted for alleged ballot box stuff
ing, pleaded not gultly today when
arraigned In the criminal district
court. They were released under
their original bond.
BILL IS AIMED AT
SENATOR LORIMER
Many Declared he Should Not
Speak But Room Was Pack
ed to Hear Him
SPRINGFIELD, 111., Mar. J 2. De
spite assertion of legislators, that ha
.should not be allowed to apeak in the
lllinoi8statehouse. United State Sen
ator Robert I- Owen, of Oklahoma,
today delivered a talk on the Initiative
nd referendum at a, public meeting
of the house Judiciary committee.
. Boons, Wh Packed.'
Senator Owen was not Interrupted
during hi address to an audience
which packed the old supreme court
room In the statehouse. He suffered
no open discourtesy, although a num.
ber of tnembers of the Judiciary com
mittee, mostly friends of Senator Lor
imer, refrained from attending the
meeting.
. The meeting was held by the com
mlttee to hear arguments for and
against a bill to enact the initiative
and referendum In Illinois. After
Mayor E. F.r Dunne, of Chicago, had
spoken In ftvor of, the act. Senator
Owen was introduced by Chairman
Holllday. Senator Owen delivered a
brief eulogy of Abraham Lincoln and
then explained that the initiative and
referendum was a fight between or
ganized greed and the people who
produced the wealth. The time had
come In this country to put an end
to bribery and corruption and to ma
chine politics.
"We understand the machine poli
tician," said Senator Owen, "He's
playing the game as he sees it and
we're playing the game as we see it.
I understand the game of machine
politics and that is' why I am here to
advocate these principles.
"I call Tammany Hall a bed of mer
cenaries, carrying the democratic
flag.
. Senator Owen said that the., great
wealth .IhMvindlwiduaia wsrA aequlri
lng was leading thousands of families
to ruin and decay. He contended, that
the lhitiatlvs and referendum would
cure "this false" and unwholesome
condition."
WHITE SOX WO.V
SAX ANTONIO, Texas, March 2
The Chicago Americans defeated
the San Antonio, Texas .league again
today 2 to 1. Met and Brewer of
San Antonio and Collins of Chicago,
made home runs.
DOUBLE MURDER BESULTS
FROM VIRGINIA FIUO FOR
Ma j Who Did Shooting
Starts for Court House
to Enter Plea of Guilty
KILLED IN ROADWAY
ROANOKE, Va., March 22. Luther
I -owe and Robert Lester are dead
and Henry Lester Is mortally wound
ed as the result of a fight in the west
ern portion of Tazewell county last
night, and Ben Lester, a son of Hen
ry 1-ester, Is said to have started for
the court house to surrender and
plead guilty to the double murder.
The community Is In a state of ex
citement over the shooting. For year
bad feeling has existed between th
Lowe and Lesters over a land
deal consummated several years ago,
andi a a result a number of fight
have taken place between them. Ben
Lester returned from Bristol yester
day afternoon and was met at the
train by his father. Henry Lester.
When on their" way they metLuther
Lowe and Robert Lester In the road
and a quarrel followed. Luther Lowe
drew his gun snd flrefl at Lester, th
ball, striking him In the right side.
Ben I .eater whipped out his gun and
killed both men before they could Are
again. Officer went to the scene of
the killing, and an autopsy will be
held on their arrival.
The I .esters ere cousins of the man
who killed Sheriff Bogle, of Tase
well county, about thirty years ago.
They haev been engaged In lawless
ness and feud with the Lowes and
others of their neighborhood for
msny years, and have given the coun
ty authorities much trouble- -
CHAMPIONS KX ROCTE NORTH
SAVANNAH, Ga.. March 22 The
world's baseball champions left late
tonight on their return from spring
training but . will stop at Columbia
and Charleston. S. C, on the tjr to
Philadelphia. Three gainre will be
played at Charleston and "the cham
pions will reach Columbia next Mon
day. . v .
PROMINENT PACkERS
MUST STAND TRIAL
Charged With Conspiracy to
Violate the Sherman
Anti-Trust Law
CHICAGO, Mar. 22. The now fa
mous "Immunity bath" given ten Chi
cago meat packers by Judie Otis
Humphrey in, ltOO, Judge Geo. A.
Carpenter In the United State dta
trlct court today declared did ' not
guarantee indefinite cleanliness. In
refusing to quash Indictments against
the packers Judge Carpenter limited
the freedom from liability respecting
the rule under -which the "bath" waa
given. He also decided that the "Im
munity" did not prohibit the fact
and evidence on which It waa granted
from being used a evidence to es
tablish proof of a conspiracy existing
at a data after the Immunity waa glv.
en.
The ruling, which Is in the form of
an, Interlocutory decree, rrom wnicn
there I no appeal, means that the
packers will have to go to trial on
Indictments charging them with con
spiracy to violate the Sherman anti
trust law. There are three Indict
ments In th first of which are five
counts. The defendants can be nned
16,000 or Imprisoned for on year on
each of seven counts.
Counsel for the packers sought to
quash the Indictment on the ground
that immunity granted by Judga
Humphrey prevented the government
from using as evidence anything that
took place before 10. ; .
Judge Carpenter held that Judge
Humphrey could not grant the pack
ers Immunity Indefinitely In art unlaw
ful undertaking, and that the immu
nity did not .prevent the use of evi
dence of- acta committed before' HOI
to prove the existence of Illegal com.
bl nation subsequent to 180. On Mon
day the government will ask for at
immediate, trial. . . .,,.. . 4
Francis A. Fowler and Charles H,
Swift of Swift and company; Edward
Tilden, president of the National
Packing Company; J. Ogden Armour,
Arthur Meeker, Thomas J. Connors,
of Armour snd company; Edward
Morris and touts Ifeyman of Morris
and company.
The chief object of the govern
ment's attack Is the National Packing
company, of which ths Indicted men
(Continued on Page Four.)
DEMOCRATS CALL CAUCUS
WHICH IS TAKEN TO MEAN
ELIMINATION OF 5HEEHAN
V
Long Deadlock in New York
May be Broken by Se
lection of Another
DIX IS HOPEFUL
ALBANY, N. T., March 22. With
out opposition or debate the demo
cratic members of the legislature at
a conference this afternoon voted to
hold another caucus to select another
candidate for United States senator.
The Insurgents Joined the regulars In
the conference, which lasted but a
few minutes. This fact tended to
strengthen the belief expressed by
many that Wm. F. Bheehan, the pres
ent caucus candidate, has been prac
tically eliminated despite vigorous de
nials by some of his friends.
Senator Roosevelt, after the ad
Journment of the caucus, would not
say whether he or his fellow Insur
gent would enter the new caucus.
Gov. Dlx seemed more hopeful of
an early solution of the matter after
the conference than he has ever been.
"I want the party to settle the ques
tion," he satd, "so that the democrats
may be represented in congress when
It meets In special session."
Various opinions were expressed, as
to the probable outcome of Monday
night's meeting. One report waa
enough Sheehan men will remain
loyal to him. even though he should
withdraw, to prevent the election of
any man named by Insurgent co-operation.
--
IJMt'RFD PLATERJ RKCOVERIJTG
HOT SPRINGS. Ark, Msr 22.-T,
Clark, the Cincinnati National league
catcher who was rendered uncon
scious la a practice game yesterday
through a collision at the plate with
Severiod was able to be out today.
A light rain fell about noon and
the exhibition games between the
Pittsburg and Cincinnati first teams
and their respective .second teams
was deferred. Cy Toung ha gone
to Llttl Rock to Join the Cleveland
team In practice work. f ,
MAKERS DECLARE THAT COCA COLA
: ,;' v- " . ' - . v..-,. -. ' -,t.V' .i..!."11. -'..v,''" . .' , V ' ' 1 '"v ."' i, " !
Originator Admits That Caffeine is Used But Say$ That
Twenty Years Without Injurious Effects.Statements of Uncleanly
" ' Conditions in Plant Are All Denied.
CHATTANOOGA , Tnn.. Mar. 21.
With member u of the coca cola
company on th stand the' defense In
the case of the United Statea against
several barrel and kegs of coca cola
began taking evidence In the federal
court her . today. , ' Judge John FV
Candler of Atlanta,' waa the first w)t
ness calledand he told Of the organ
isation of ths J-ewa'c; cola company
which waa Incorporated In 7S92. He
said . he waa not familiar .with ths
manufacture of ih ayrup nut told
where the principal Ingredient were
manufactured.5, sw?. "'.'"..
. Matte by ejm lorouU. . '",
."Uarohandlae No-'iIa " .the seoret
formula, ha Mld,asj made "Int .'the
Shafer Alkaloid vwork of Maywood,
N. J. ; judge Candler and other wit
n esses declined to state what consti
tuted thl '"'merchandise. No. S," say
In; that It was a "trade secret." He
said that lie had been dri king coca
cola for the past 20 years and that his
health waa good. He admitted that
caffeine was used in the manufacture
of coca ocla and told where it was
purchased. He said ' that so far as
he waa ! Individually concerned, ha
knew that caffeine as used In coca
cola was. not Injurious to health.
Howard Candler, general manager
Lower 1 Classes Combined
and Held Other Prisoners
Through Long Night
NEW ORLEANS. Mar. 22. Early
riser near Tulune university campus
today discovered a number of seniors
and Juniors held prisoners on top of
the csmpus tank tower, with as msny
more belligerent sophomores and
freshmen on guard below. The up
per classmen "ere released through
the efforts of President Edward Craig
head, who acted as peace envoy. It
Is alleged by the under classmen that
the upper classmen disregarded the
agreement to eliminate the annual
tank fight on Founder's day. The
seniors mounted the tank last night
to obliterate the freshmen's numerals
and while thus engaged, were dis
covered by the freshmen. The alarm
waa sounded with the result that the
upper classmen were forfed to re
main on the tank all night.
The freshmen's numerals were ob
literated with "in memorlsm 1)11
yellow streak." f'reildent Craighead '
prevailed upon the upper claasmcn to '.
restore the obliterated numerals, i
whereupon the victorious freshmen j
relented and released the prisoners.
JEWFJ.KV STOLEN.
. WASHINGTON, March 22 The '
police were notified tonight of the
theft of $20,000 worth or ;eweiry j
from the home of Ml, Mary It.'
A items, a daughter of the late Geo. '
W. Adams, one of the founders of The ,
Washington Star.
WASHINGTON, March tl. Fore
cast: :'.!."-,
North Carolina Shower Thursday,
colder; Friday generally: fair, moder
ate to brisk northwest winds. .
IS SANITARILY MANUFACTURED
of the coca cola company went Into
details as to the manufacture of the
drink, and denied In every particular
the statements In Inspector Lynch, of
the food and drugs .- department.
Washington, who had testified as tp
alleged unsanitary condition In the
plant where the coc cola syrup is
manufactured. He stated that, water
was first placed In a kettle then sugar
and after the melting of th suiar
caffeine was added.
. Kvni tlw Cook Is Clean. '
The product wa piped to th main
kettle where the other Ingredient
were added. lie denied that the ne
gro tfoek was anviesnly or; that be
ehw4 totiacco..,ttJijst wnrk .
Mr. Candler produced a sample. of
glasse furnished to retailor by ths
coca cola company. It waa marked,
showing the exact amont of ayrup to
be used on mixing glass of the
drink. r?e said that bottling work
peSple throughout the United State
were instructed to strain the ayrup
before bottling. He was asked by
the government attorney why this In
struction waa necessary If th prod
uct was perfectly clean when it left
their factory. He did not make It
plain why the Instruction was nec
essity eacept a a precaution.
Limantour's Statements
About America cause of
Intense Disappointment
WASHINGTON, March 22 Presi
dent Taft and his cabjnet met today
for the first time In over two week.
The Mexican situation was discussed
briefly. - The president snd his cabi
net advisers are very well Informed
with Ihe situation and matters Willi
remain at a standstill so far as th!'!
government I concerned. A strong
hope I expressed In administration
circles that conditions In Mexico will
Improve speedily. The Washington
government is anxious that the two
factions In Mexico shall get together.
Intense disappointment Is expressed
here, however, over the met that Fi
nance Minister l.lmantoiir has seen
fit to seek a peace agreement by
holding the United 8 tales up as a sort
of bugnboo and making statements to
the effect that this government Is but
waiting an opportunity to get Into
Mexico. Such statements are unwar
ranted and are regarded here as not
calculated to Jjrlng about good feel
ing. The new secretary of tbe Inte
rior. Mr. Fisher, attended his first
cabinet meeting today;
FAMOUS CARTOONIST
WANTS A DIVORCE
8ALEM, Ore., March 22. Honier
Davenport, the cartoonist, filed suit
todsy for divorce from Mrs. Daisy
B. Davenport. Davenport charges
that Mrs. Davenport treate'd him In
a cruel and Inhuman manner and
makes other allegations In hla com
plaint. Ths couple were msrrled In filt
verton. Oregon, and four children
were the Issue of the marriage.
Borne time ago a decree of separa
tion wa granted in the New Jersey
courts.
F.AKLK HOIT AS MAXAUKR.
.ELIZABETH CITY, N. C, March
22. Karle Holt, of Oak Ridge, wa
unanimously chosen by the directors
of the local elub of the Tidewater
league as manaxer for the coming
season at a meeting. Ilort wa man
ager of the Wilson team of tbe East
ern Carolina league la ItO! and !.
He Han Drank "Dope" for
a. t Mitchell, manager of th man
ufacturing department of the coo eo
la plant In i Atlanta, testlOed that h
kept the plant lit a sanitary condition.
Pressed fori 4 specific statement ha
declared that ha had the floor clean
ed t0 or three Hme week.
Csen Immense Quantity. ..
The depoaltlon of Dr. L Hhafar,
of Maywood, N. J., waa read by law
yers for th defense. , Dr, Shafer
stated that be manufactured the prtn.
clpal product of coca col known as
"merchandise No. I" but he refused
to state what It contained. He stated
that he made .ceJTelne ifrom tea dust,
or particle of tea leaves, which 1
eeWnowceT -cola people through hi
selling agent. ' He stated that lie
hipped 1.M gallon of "marchan-
dtae No, I" (o the coca cola people
In HOt.
James Oaaton. the negro cook for
th , eoc , cola company testified that
he did not wear shoes through which
hi bare toes protruded as testified to
by Inspector Lynch and that he did
not chew tobacco. Ha said he smok
ed once in a while but never while
"on the Job." - ''';
ACAINST JUDGE HAN
Political Dictator of Cincin
nati Making Fight for
Change of Judges
- CINCINNATI. O., March 22. Con
tests between th county prosecutor
and attorney for George B. Cox, who
1 making an effort to prevent Judge
Frank M. Gorman, of. th Common
Plea court, from trying him on the
charge of perjury, continued today
unabated.
The result of th day's proceedings
waa, that Gorman forced the de
fendant' attorneys to apepar before
him on the motion to quash the In
dictment. Argument were heard all
during the afternoon session, at ths
conclusion of which Judge Gormsn
snnounced that he would receive
briefs tomorrow and' render Judgment
on the motion to quash as soon aa he
had time to go over the briefs.
Th Circuit court, which Is hearing
the pettlon for a mandatory Injunc
tion against Judne Oorman to pre
vent him from trying the case of Cox,
will probably reach a decision tomor.
row.
FOREIGNER ALLEGED
TO HAVE CONFESSED
HAMBURG. Mrqh J!2, The
Fremdenblatt savs that the foreigner,
who was arrested recently with four
other men on the charge of espion
age, has made a confession. The
prisoner had been under surveillance
for some weeks, ss suspicions were
aroused that th foreigner was seek
ing Information on the warships now
under construction. . Excellent plan
relations to th work at Kiel were
found In th foreigner's possession.
The authorities have not as yet dis
closed hi identity, but they declare
that he Is a London shlpbroker and
that hla chief accomplice I a high
official of the naval hlp yard. . ?
WILL ME OX APRIL tt iV ;
BATON ROUGE, La., March 22.
Goyernor Saunders today fixed Fri
day, April 21, a the date for the
execution of Eugene B. Sancon and
Francois Rodin, convicted of murder
ing Fran - Reidel, ' an . aged watch
maker of New Orleans several month
aa..--.'.yPv,..;-;i.';
COMMISSIONER ALLOWS
HIM PAUPER'S OATH
Swears He Cannot Pay Any
of Half Million Fine Due
the Government :
, , f i m ( -t ' (
k ATLANTA, Oa, March Benja
min D. Greene, who, with Johh F.
Oayaor, has Just completed a fouf.
year term in the federal prison her
fer alleged complicity la th Bavaa
nah harbor Improvement fraud ev.
eral years ago, walked put of th
federal building hsr lata today a free
man for th : first tlm in a dosea
year, bringing to a close, far a he
ig concerned, a legal battle that haa
commanded, tb attention ' of -thla
country, for -the past ijecad. , o
Oreen' application to lav t
tak th pauper oath, in order t
escape further liability for the fTl,
0 fin Impoaed an th twa man
whan they , wer , tonvlrtsdv had Jut
been granted by United State Com
mtaitoner Walter Colquitt after a hear
lng which lasted two. day Greene
will spend tonight st hotel and will
leave tomorrow for New York, whsre
h soon wilt sail for Europe' He said
tonight that h s would It. Mr.
Green In Paris and they probably v
would make that city their horn l
th fUtUra. , -' 1;';;rj 3,,. it, .j J
vsH.vfv..f, End tTnezported. ai .
Th decision cam aomawhat ua
pectediy at. the end of long after
noon session which had been occu
pied with the arguments or counsel.
Attorney Folder, of th firm ef Roun
tree. Felder - H Rountre. - attorney
for Greene, had Jut completed hla
argument whn Commissioner Col
quitt stated aa hi finding that he be
lieved "th evidence In thl hearing
has been Web f that tha applicant
should be allowed to take the oath.1
Ther wa . deathlike stl lines ever
th court room for an Instant after
the eommltonr had apokrn while
all eyes were turned t th applicant,
who grey1 had wa bowd rever
ently In I hank. Then th commis
sioner epos again,; asking Greene to
com forward and. take th oath.' Thla
formality wa oon over an ihe pris
oner left th court room, wltb Daniel
Bountr, on of hi lawyer. ''
- Th government hag been resisting
th application for the pauper' oath
en -the ground that the prisoner hsd
asset concealed which would enable
him to pay off a conslderabl part of
th 1671.000 fin. Th prisoner ad
mitted having been possessed of prop
erty worth I TOO. 000 several year
but claimed that h bad lost all he
had in fighting for hi freedom and
In speculation, and th federal attor
neye failed to prodtio th evldenc
neesssary to overthrow thl claim.
John F.'- Gaynor, Jointly !-: nnvlct4
with Green, has computed hi sen
tone lnr the federal prison ' and ' hs
filed application also t tak th
pauper' oath. ' HI application I still
pending. '"'' ft " ''
OF UEOBESS,;
ClffilllElCEIilO
New England Women Doc
tors WU1 Not Work With"'
Negress From Carolina
REAL RACE TROUBLE
. BOBTOK. Maa,-, March 22. Flv
doctor. Interne at th New England
hospital for women and children tn
K ox bury, t have protested bitterly,
even so far aa to send in their reslg-',
nations, because Dr. Melissa Thomp-,
son, a young negres from North1
Carolina, ha been Installed In th ma--ternlty
ward of that Institution. Three
Of the protesting Interne bar left
the hospital. Dr. Myrtle Jack has.
gone to her home In Pittsburg. Dr.
Edna Guest, Grace Boswell. Mary Bo-
gan and Kdna Data also voiced their
protest. : The negres is a graduate '
of the Women's Medical college In.
Philadelphia. . 8h cm her In Jan-'
uary and the uperlntndent an--,
nounced that h would be Installed.'
The women doctor protested and
filed, their resignations. The matter .
wa hushed up but ths Installation of
the negres thl week has created one
of th moat bitter hospital ccntrover- ,
sies ever waged here, , ',;.'.; . ;- .
MAY WBESTLB OOTCH.
WPIUTOT.. Tuns.. '" March : St. .-
Gr Hackenschmldt deteat'fl M.l-
ter Evana In straight falls in a wrest-'
ling bout here tonight. tt
Jack Curleyv manager for Hacken-.
Schmidt, say that he wouit ocept
tbe term of Frnk (inu h tr mo'i-h
for the world' championship, an I hs
would put up $2,0110 In c! 'i s a
auarantee as soon as hi rent h C hi
cago, which would be t.'t'i " '