THE ASHEYILLE CITIZEN.
THE WEATHER:
FAIR.
Complete Associated -Press
Reports ;
yOh. XXVIL, NO. 155
ASHEV1LLE, N. C SATURDAY MORNING, MARCH 25, 1911
PRICE FIVE CENTS
EXPEBTS DECLARE
coca com IS NOT
RUSSIA TO FIGHT
CHINA IS REPORT
Behold the King!
KITGI AGAINST
I
AS BAD AS COFFEE
LOfOTICATION
Has Served Four Years for
Part In Savannah Harbor
Fraud Conspiracy
T
But All Admit That Popular
; "Dope" Contains Certain
Portion of Caffeine
Upon Receipt of Report That
Present Governor Will Waoe
Strenuous flflhtfor Senior
War Will be Declared Lloyds
Raises Rates
bAirlOR
RELEASED
IRKING GLOSEOE
SIMMONS
FIGHTOfl
REACHING LOfJDOr
( A 8A5EBUI. V 0 WW fP
" MA&NET AWAITS V flA J
, WITHOUT-HE
EARES
MANY CHEMISTS ARE
PLACED ON STAND
Only One of the Whole Num
ber Testifies That Caffeine
Is Not Poison
CHATTANOOGA , Tenn., Marcn 24.
Although Judge Sanford yesterday
ruled In the federal court that the
coca-cola people must disclose the
composition of the mysterious "mer
chandise No. 6," the principal In
gredient used In the manufacture of
coca-cola syrup, the government. "was
not enlightened on that subject to
day In the hearing of the case of the
United States against forty barrels
and twenty kegs of coca-cola.
Xr. Victor C. Vaughan, of the Uni
versity of Michigan, told his experi
ence in experimenting on guinea pigs
with caffeine. He said fie could n.t
discover any difference in the condi
tion of the pigs which he had given
caffeine and which he had fed and
had given no caffeine. He said that
caffeine was not Injurious to guinea
pigs, but admitted that two of the
animals died during the treatment
with th' He also said that one
of the f P p'ch had taken, no caf
t, - ' "! his experiments.
,T I ' i ' " (District Attorney
z V boolt which he
5" slj 3"v"''':-1 contained the
fa 0'aiVJwt.B,rfelne was a poison,
2 3 Jighan admitted that tnere were
several things la his boox wn:cn were
net true, and many subjects treated
of which he had no knowledge.
Dr. to Scha'er, of Maywood. N., J.,
whose company manufactures "mer
chandise No. 6," was called to the
stand. He gave the process of mak
ing "merchandise No. 5" used In. the
coca-cola syrup.. He said that articles
contained a 'portion of both coca and
kola.
. On cross-examination Dr. Schafer
' testified that caffeine in poisonous
doses caused increased irritability.
Hs said that children seven years of
age and younger should have very lit
tle caffeine. If any, but when the indi
vidual ets beyond that age he be
lieves no harm will come from the use
(Continued on page five.)
flfiSII CABINET CRISIS
IS ENDED BY RETENTION
OF STOLYPINAS PREMIER
Members of Council of Em
pire Are Suspended by
Emperor for Action
DUMA ADJOURNED
ST. PETERSBURG, March 24.
Premier Stolypin, who last Monday
sent In his resignation, has agreed to
remain In office and the cabinet crisis
therefore is at an end. An Imperial
decree Issued today suspends M. Tre
pofa and M. Dernovo, members of the
council of empire from all sittings
of the council until January, 1912. M.
Stolypin had Insisted on the removal
of these reactionary opponents of his
polloy aa the price for his retaining
office, and It is understood that It
was the negotiation of this point that
led to a prolongation of the cabinet
crisis.
The duma and council of the em
pire have been adjourned for three
days.
Punishments In other forms will be
meted out to other members of the
council of empire who participated in
the discomfiture of Premier Stolypin
by causing the rejection by the coun
cil of the essential features of his
Semstvo bill, which provided for self
government In the nine western prov
inces. This bill was rejected ss a
whole today.
With the reconvention of the duma
and council the Semstvo bill undoubt
edly will be rushed through both
chambers, as the council of empire is
bow thoroughly overawed.
TRANSPORTATION COMPANY
FINED
SAVANNAH. Mar. i Judge Em
ory Spoor In the United States Cir
cuit court here today imposed a fine
or lie.COB on the Merchant' and Min
er's Transportation company for giv
ing preferences in rates. The corpor
ation was convicted here last Friday.
The company was convicted last Fri
day Of having discriminated on rates
on grain shipped from Philadelphia,
to Savannah and Jacksonville. Kla.
Miller and Miller, or Philadelphia, the
alleged beneficiaries under discrimin
ation were found guilt)-. The Sea
board Air Line and the Atlantic Coast
Una railways er adjudged guilty
and fined l.09 each.
CHINA OBSTINATE
OVER CONCESSIONS
Reported That Russia Is Pre
paring for Moblllzatlen of
Troops on Porder
BT. PETERSBURG. March J4.-
Russia Is on the point of addressing
to China an ultimatum fixing a date
for entire satisfaction of her demands.
The Chinese reply to Russia's suc
cessive notes dealing with the de
mands of Russia In Mongolia have
been described by the Chinese gov
ernment aa conciliatory but the text
In each case has been unsatisfactory
to Russia because It has evaded the
points at Issue.
The last Chinese note received by
the Russian government attempts to
limit Russia's rights In trsde to ar
ticles of foreign origin, whereas the
treaty apeclflles that Russia's rights
In this respect extends to merchandise
of any origin, and from any country.
This reply in effect also denies the
right of the Russians to trade in tea.
which Is one of Russia's most Import
ant contentions.
WILL. DECLARE WAR IS REPORT.
LONDON. March 24. Private ca
bles received by London business
from representatives In the far east
today assert that it Is expected Rus
sia will soon declare war against
China. The rate at Lloyd's to cover
risks on the outbreak of hostilities
within four weeks Jumped this after
noon from five to ten guineas per
cent.
CHINA REMAINS OBSTINATE.
ST. PETERSBURG, March !4. An
official dispatch to the government
from Peking today states that China
remains obstinate regarding the ques
tion of the freedom of Russian trade
In Mongolia, maintaining that Russia
le entitled, merely to Import non-rm)
nese goods and export predict. The
dispatch adds that apparent the Chi
nese government Intends to prolong
the negotiations in the hope that Rus
sia will back down.
(Ccmtlrwcd on pa five.)
HQYT'S APPQiNTMENT TO
GEOp RAILROAD JOB
Becomes Assistant to Presi
dent of Central of
Georgia Railway
FROM CHICAGO
ATLANTA, Oa.. March 24. Ed
ward Travis Hoyt has been appointed
assistant to the president of the Cen
tral of Georgia railroad. He was
right hand man of President Mark
ham, of the Illinois Central railroad.
This announcement was made for the
first time by Mr. Hoyt himself, when
he appeared In Atlanta several days
ago unheralded by any formal an
nouncement. Mr. Hoyt at once' busied himself
selecting office and home locations
and then disappeared.
Information received today from
the Illinois Central offices In Chlcsgo
! to the effect that "nothing Is known
of Hoyt's alleged appointment." and
leading members of the railroad col
ony, who had been planning enter
tainment for Mr. Hoyt. are m rati
fied. Capt. James W. English, president
of the Fourth Rational bank, and a
director of the Central 'of Georgia
road, stated today that he had not
seen Mr. Hoyt and had never heard
of him.
It was not until after he had leased
a suite of offices in a down-town
building end talked with real estate
men about the prospective purchase
of a handsome residence, that Mr.
Hoyt's entltlemepts became known.
COMPENSATION LAW
UNCONSTITUTIONAL
ALBANY, N. T.. March 24. The
workmen's compulsory compensation
to workmen injured in certain speci
fied dangerous employment regard
less of the employer's negligence, Was
declared unconstitutional by the
Court of Appeals today. The court
holds that the act deprives the em
ployer of his property without due
process of law In violation of the
institution.
The law was modelled on the Eng
lish workmen's compensation act of
it 7, which has since been extended
to cover every kind of occupational
In'tiry. Jndge Werner wrote (the
opinion In which all the members
of the court concured.
ESCAPES PAYING FINE
WHICH WAS IMPOSED
Thus Ends One of Most Sen
sational Cases In United
States Courts
ATLANTA. Oa., March 24. John
F. Gaynor, who, with Benjamin D.
Greene, served four years In the fed
eral penitentiary here for participa
tion In the Savannah harbor frauds.
was allowed to take the pauper's oath
late this afternoon and was released
from custody. This proceedure clears
him of the necessity of paying the
t6?,000 fine Imposed In addition to
the prison sentence.
Greene was released under similar
proceedure- yesterday.
The oath marked the end of the
Greene-Oaynor litigation In the Unit,
ed States courts, which has extended
over twelve years.
Gaynor Was Dated.
When Commissioner Colquitt aa.
nouncS that he was free. Colonel
Gaynor acted dated. "And I, don't
have to go back to jau any more,
eh?" he Inquired.
As Gaynor turned to leave the stand
his attorney, T.' B. Pelder, asked him
where he was going.
"To get something to eat," was
Gaynors laconic answer.
He will spend tonight at a local
hotel and will leave for his' home
at Syracuse, N. Y.. sometime tomor
row. Will Go to Home
Gaynor's hearing was brief .only
the perfunctory questions accessary
to show that he had n money or
property concealed, being asked. Sev
eral times he forgot himself In his
answers.
At one time when Assistant Dis
trict Attorney Krwln sought to Iden
tify him as the suit man who wag
Ipaictsd. tried and sentenced for, sat;,
sesxlement and other charges. -Gay
nor broke in with:
"Tea, yes, they accused ms of so
many things that I know but d
little about them."
Again when asked about his fine
and the disposition of It he replied
that "H had all gone to the Devil."
LLINOJS STATE SENATOR
CWESJtS ACUTE!)
Broderick Found Not Guilty
of Giving Money to
Holstlaw for Vote
IN TWENTY MINUTES
8PRINQCTELLD. 111.. March it-
State Senator John Broderick was
found not guilty by a Jury In the
Sangamon county Clrculrt court this
afternoon. The Jury was out twenty
minutes.
Broderick was chsrged with bri
bery In connection with the election
of ITnlted States Senator Lo rimer.
Testimony was heard at the trla'l
that he had given 12.500 to Former
State Senator D. W. Holstlaw of
luka, in consideration of the luka
senator's vote for Lorlmer.
Holstlaw testified he was paid the
money In Broderlck's saloon In Chi
cago. While the senate sub-commit
tee was Investigating the Lorlmer
election In Chicago last summer,
Broderick refused to answer some of
the questions asked him, taking re
fuge behind his constitutional privi
lege to decline to incriminate him
self. MACK SAYS HE IS RE
CEPTIVE CANDIDATE
HOT SPRINGS, March 24. In an
Interview there today. Norman E.
Mack, chairman of the National dem
ocratic committee, stud to an As
sociated Press representative:
"Let me tell you something. 1 am
like every other man In New York
state who has the slightest chance for
being selected for United States sen
ator. We are all receptive Candi
da tes. but I know that I am not go
ing to be selected for senator. That
was all settled before. I came to Hot
Springs. I am more familiar with
the situation there than the fellows
that write about me and I will tell
you this without hesitation. that!
am not goln.gr to be chosen senator."
AMEND PROHIBITION LAW
MONTAGOMERT. Ala... Mar it
After adopting 29 amendments to the
nouse Dill regulating the sale of liq
uor In Alabama, the senate tonight
naased the bill without dahaia Th
bill goes bsck to the house for con
currence In senate amendments and
another fight will be wared with th.
prohibitionists.- .
MEXICAN CABINET COMPOSED OF MEN
. OLD IN YEARS AND SERVICE RESIGNS
Believed That Action Win Contribute to Re-Establishment of Peace and Facilitat
Contemplated Reforms.-Preaident Diaz Postpones Acceptance or y
Rejections-Am Members Are Old Men.
MEXICO C1TT, March . The
Dlaa cabinet resigned In a body at
a special meeting af that board to
day. The president, deferred action
anttn tUe resignations.
The reasons, given for the action
In, an official announcement la the
belief that it will contribute to the
re-eetabllshment of peace and facili
tate the reform HrhkJh, ar in con
templation, ..
Action Is Postponed.
Enrique C Creel, minister of for
eign relation, presented the resig
nations In behalf of all of the min
ister. General Piss thanked the rs-tirlna-
member fo their efficient and
patriotic cOTOperaeiyi ft the. past and
announces ui n wuuia iraivi
his acceptance or rejection until later.
Tha resignations Included that of
Ramon-Corral, minister of the de
partment of Gobemaclon, correspond.
Ing to ths department of the interior
In the United States but not aa vice
president.
Not one of the wen who until
today formed President Dial's cabi
net la less than 66 years of age and
a number of them are much older.
With the exception of Enrique C.
Creel, minister of foreign affairs, all
have been, members of the presi
dent's official fsmlly for a great
many rears and this fact alone has
been one of the grievances of the
revolutionists who insisted that the
chief executive should surround him
self with representatives of the
younger generation, men more close
ly In touch with the affairs of the
people.
Men Who RUrnd.
Following are thoss who resigna
tions were received:
Enrique C. Creel .minister of for
elgn affairs.
ST
SETTLEfJEHTKREEMENT
Railroad Men Will Submit
Differences to Arbitration
and End Strike
WASHINGTON. Mar. 24 Repre
sentatives of the onductors, firemen
and locomotive engineers on the Cin
cinnati, Nw . Orleans and Texas Ps
Paclflc railway who have ben strllklng
because negro firemen are alleged to
mave been given prffered runs on the
road reached a tentative basis of set
tlement with the railway through the
national mediation board today.
Tha details of the arrangement
were not disclosed. It being decided
to make them public when submitted
to a meeting of the general commit
tee Of the strikers st Cincinnati. Ohio
tomorrow night President W. W
Flnley of the Southern railway acting
for the subsidiary company involved
In the strike approved the basis of
settlement as suggested . by Justice
Martin K. Knapp of th United States
commerce court who was sole rep
resentative of the national mediation
board present.
WASHINGTON Msrch If. Fore-
. North Carolina Generally fair Sat
urday and ' Sunday, ruuna tempera
ture; moderate and probably brisk
north and' east winds.
Ramon - Corral,, minister of inte
Jose Tres Llmantour. minister of
finance.
Olegarlo Molina, minister of edu
cation. Manual Goniales Coslo, minister af
war and marine.
Leandro Fernandas. ' minister of
public work and communications. .
Justlno Fsrnandes, minister of Jus
tice. . ., ... : ,
Without exception all of these men
have contributed valuable services to
their country and to their president:
but h popular feeling against them
has been' growing ateadlly since long
(haTnls age can lit used as aa
gument against his usefulness; but
III health during tha last few months
has served ths same purpose , esps
clally" when It Is taken Into consid
eration that the man has not been
popular among a great proportion of
the people from whose ranks th rev
olutionists are drawn.
Many Am Very Old.
Enrique C. Creel is not by any
means in the decrcpld class, but he.
too. has fallen under the displeas
ure of the forces opposing the ad
ministration and his age serves as
an exous. What has contributed
more than anything, however, to his
unpopularity among the masses Is the
fact fhat he Is a rloh man and In
curred the hostility of many In his
own state. Chihuahua. That Mr.
Creel Is a diplomat was demonstrated
In th conduct of his office as am
bassador to the United State and
his record as a cabinet officer was
considered good by the conservative
element.
Jose Tves Umantour, who. It Is
reported. Will be the only cabinet
pons
IS
STILL
American Ambassador Calls
at State Department Con
cerning Matter
WA8HH1NGTON, March 24 Da
vid J. Hill. American ambassador to
Germany, today conferred with Act
ing Secretary or-State Wilson and
oflclals of the state department on
the potnsh controversy now the sub
ject of diplomatic Interchange be
tween the United State and Germa
ny The purpose of Mr. Hill's visit
to Washington, II . was explained at
Hio department, was to permit him
to make a full report of the situa
tion from the fiermsn point f view,
end also to acualnt the amqbassador
Intimately with the official view of
WushlnRton as developed by the di
plomatic exchanges.
Jt -trns admitted by state depart
ment oniLibls that there whs a pos
sibility of the matter being settled
through direct , negotiations between
the contra tors onrerned. but It was
added that the, department had no
knowledge of such negotlattona.
COX PROCEEDINGS
ARE AT STANDSTILL
CINCINNATI. O.. March 24. After
v days of legal turbulence 'In the
George B. Cox perjury case,' the work
promises to close peacefully tomor-ri-f.
Thla condition Is brought about
by the fact that both sides must
await the action of Judge T. A. Jones,
presiding judge of the Circuit court,
two of whose members are charged
with "bias and prejudice". Judge
Jones today announced that he would
not be In this city until Monday. As
Judge Gorman signified bis Intention
today to f bey the Injunction forbid
ding Mm to ,try. the Cox ess the
prucesdlnrs will , be at a . standstill
until Judge Jones' arrival.
member to remain, la an old man
but yet regarded aa on of th
shrewdest and ablest msn In th re
public There I an element which
will not be pleased at his retention,
but there Is none who says h should
be retired solely on acoount of his
age. " . . , ,; s
Justin Skjrra, minister of educa
tion, has been In th cabliet many
years and to him Is largely due th
credit for building up Mexico's school,
Toward him objection has rarely
been mads.
The three msn against whom the
masses cried, "old age." ar Leandro
Fsrnandes, Justlno remand and
General Coslo. - In years gon by
ar-rOn their respective offices; but It
Is
an open secret ' that for - th last
three or four years their duties hat
been materially lightened py distri
bution among subordinate.
- Th nws that th cabinet had re
signed spread rapidly throughout th
city. In all quarters It sllclted favor
abl comment but not all would go
so farms to repeat th not of opti
mism sounded In th official state
ment ' ot the reslgnationa. that It
would serv to re-establish pear.
A Wholesale change In th cabinet
was one ef ths things, wanted by the
revolutionists, and had It occurred
several months ago, say rebel sympa
thisers here. It Is not at alt Improb
able that tba revolt might hav been
averted.
Th rebel still want that change
and that It has come at last Is grati
fying but not wholly sufficient, they
say. The fighting has gone too far
for this to satisfy thoee who ar con
ducting th campaign and a national
election with a guarantee of open
WWi
swvnn)
(Contlnncd on peg
FOUR FIREMEN KILLED IN
IT.
Dozen Others Injured as
Roof of Building Cared
in Under Flames
MILWAUKEE, Wis,, March 24
Four firemen were killed, a fifth svae
probably faulty hurt and a dosen
others were Injured today when ths
roof of ths Mlddleton Manufacturing
company's hat factory caved in dur
ing a Are which burned out the five
story structure.
Ten minutes before the roof caved
in, Assistant Chief Toung ordered the
firemen from the roof. Later they
were ordered back and again order
ed to vacate their perilous position.
They failed to respond rapidly enough
and went down with the falling roof.
The property loss Is 1100,000 cov
ered by Insurance.
FKIIKKAL VICTORY IS DKKIKD.
NfXJALES. Sonora, Mex March 24.
Passengers arriving In Nogales over
the Sonora railroad from the south
today do not corroborate the official
Mexican rcprt of the battle at La Col
orado mines. . Instead of a federal
victory with a large number of rebels
dead, these passengers assert that the
Mexican government troaps were de
feated and the rebels ar still en
trenched on a hill commending -the
town and controlling Its water supply.
Ft LI, PARDOV fXm JOHN BLACK
COLUMBIA, a C. Mar. 4jOov.
ernor Blease today announced that
he had granted a full pardon to John
Black, former member of th old
tate dispensary board, whoa prison
sentence of five years was recently
commuted by the goveraor to a Bo
of 12.000. Black's pardon remits hi
fin and restore cltlaenshlp. ' Black
was convicted at Cheater last rear of
conspiracy to dsfraad tha state. ' -
Senatorshlp
OTHER CANDIDATES
MAY ENTER THE RACE
E.J. Justice a j Progressive
Democrat May Enter Lists s
Against Others
By H. K C, Bryant, , -, . ' '
WASHINGTON, , March 14. Tar
heel democrat ar on ; tb warpath,
Thjr ar launching on of tha II vest
campaigns that Korth Carolina vaf
witnessed. Senator Simmons, th
gam cock of tha ? state; delegation
hr. precipitated this right r two
sots during the closing day of the
last congress, i- His vole for tha ac
qulttal of Senator Lorlraer, for whom
Senator Bailey and others battled so
royally, U th red rag to th "pro.
s-rssalv democrata" ot th Old North
stat. ' "Progressive democrat" , Is
what th antt-Blmmon men (call
themselvsa Th speech of th senior
senator esalnet President Taft's reci
procity traty with Canada m an
other reg rag tnjth "progressives."
t hardly Unded hr when t first got
wind of th promised batti between
ths North Carolina . "regular" . and
"th progressives."
Several names tr mentioned dally'
In connection with th oontcstth
contest over th seat now held In th
United Stat senate by Mr. Simmons.
Gov.. Kltchln, It is understood, will be
th principal opponent of Mr. Sim
mons at th outset but others will b
brought out latsr. Th most Inter
eating story, which corns from BU.
ajgh in connection with the situation,
Is that Ed Justice, the nrllllant, dar
ing democrat of Guilford county, wllf
move to Raleigh In th oourso of a
few month and ntr th rac for
keep. It is argued that h I th
"real rogrelv" of th stst. Claud
Kltchln, now on f th heavy weights
on th hous ways and mean com
trim, helping Oscsr .Underwood and
ftTS to. make a fe tariff schedules.,
is nicked: by some to win In th event,
that hi brother Bill. Senator Sim-,
mons and Others deadlock tha leglsla-,
tur. ' Charles Brabtly' Ayeock Is
callsd th favorll dark horss of th
lot by some. Claud Kltchln told m
that he would not be In the ran
f Thfrisnds of Judg Walter Clark
would JUk to run him. it 1 said, but
for reasons best known, to themselves
they will hot enter him at this ttms.'
F, M. Simmons and William WaU
ton Kltchln ar In th field. Th boy
ar already at work. Simmons, who
has always shown th courage of tit
convictions, Is standing : pat down
right paton ' hi record. . .Thirty
thousand copies ef hi apeeolt on reci
procity will be sent tp th stat. and
b I making no eacuses for hi vote
on Lorlmer. ,
Th fight Is on and will b to th
isst ditch, v -;.
Hsrtofor ' Senator Simmons ha
bn backed by a majority of th .
representatives of th bouse from th
stat, and It Is believed now that b
curtain fall. , However, Claud Kltch-,
in, th cleverer politician of tha fa
mous Kltchln brother, has a mighty
whip In his hand. As a member of
th "commute on commltt" h
can com pretty do to assigning
ths North Carolina congressman '. to,
committees. Will h use his power.
(Cm tinned on psyw awvesi)
Trii ti
I LI! IflUUMIIU UUI
IN REGISTERED P.GK.9E
STOLErl!jlLFi!P;
Mail Bags Laid at - Station
Waiting for Lat Train '
and One Was Opened " ;
NO CLUE TO THEFT r
TAMPA, Fla.. Mar. J 4. TeS'thon-'
sand dollars In currency' waa. stolea
from a msll pouch In transit between t
Tampa end Clearwater last night. The
theft wss discovered When tha.roatl'
pouch reached St. ! Petersburg this
carried by tu destination Clearwater.
There was an eight Inch slit, In th
pourb. A registered package, had ,
been torn open, th money extracted ;
and the casing pushed back 'In th
mail bag. The money was sent from ;
Tampa at 4.49 o'clock yesterday at-.,
ternoon by the fcctiange National
Bank and was consigned to th Bank
of Clearwater. -t
Postal officials decline to glv any ,
Information until . poetofftc detect
ive arrive to make an Investigation
lvesarliv to make an InvesUgatiiN.
The robbery is supposed to hav been
committed while ' fourteen bars for
Clearwater and point aouth '
city were lying on the r
Tarpon Springs for-ovr .
waiting for : the . Atlw
train which was eir