'7' HEVffiLE CI IZEN. Complete 'Associated Press Reports ASHEVILLE, N. C. FRIDAY MOirINO, MARCH 31, 1911 PRICE FIVE CENTS T JUS1EH.B1T DI1L11E0TI5 On the J oh A gam. LE i E STILL LIVING If, L L THE AS T fl QE V7EATHEE: . f FAIR. , " , 1 , i i aTJxyX,yo. i6i BUF.'CO MSEllLDE , ' " 1 i ; ' SYS mi IGllTBUTDIiEAhi corsiD REOIfTiE ' n UflCOFJSTITUTIH SAYS AG AND PUR CflASES V f r - fee lelphla". Physician Has kedFatOnthe rDdpe" 1 1 lor 13 Yd 'another D Years n 'ANOTHER DECLARES t THAT IS IS BENEFICIAL Knoxvllle Druggist Sends De position Vhich is Read in Interesting Case CHATTANOOGA., Tenn March it, A .deposition from Mr. Oooden. g ivnoxvuia. dealer , In coca-cola, wee J read in today' cession of the, trial of ins coca-coia case. - Tim deponent rated that her had been selling coca - ola for seventeen or eighteen years. and that he made It A business to re fuse to Mi) more than one glass of .,Jtveragt to ,a .customer at one .- On eroea-exahunatlo .ha stated at the reason, for such, refusal was' Just the same as" that, he would re- i -9 ' ' fuse, to air two' doses of laudanum ; or morphine to a customer.' . 4 " I Dr.v-lf. A. 'Hare.. of Philadelphia, testified that he. had- written several medical books, Dd was. one of tne .. authora of thaPha'rmaoopaela. He -, declared that, he was a constant, user t or caffeine as a tout, taking from one to four grains of the purs caffeine day regularly. iAslde from this ha r said he was a, toffee drinker to th stent of two on three oupa a day and that, he drank Trom one to four glasses of coca ..cola, each day. He aid that he did - not discover any harmful effects. Dr. Hare declared that caffeine was not a poslon. and that It was not a habit-forming drug. He said that while the pharmacopaeia fixed the dose of caffeine at one grain ' hi own book placed it at two grains: pa cross-examination Dr.. Hare ad- . mltted that caffeine In coffite acted as stimulant. Confronted By Him Book. - Being confronted With his book, he admitted that he had written that . caffeine aTTfecta the herves and would make people nervous. He admitted that caffeine to the amount of seven' in one half grains would cause In- - toxloatlon similar to that "-produced LW alcohol. . , written in his nook that caffeine Was a- stimulant of the brain, and that a brain driven along-ty carte: ne would Ultimately -break down In concentra tion In a single effort. Ho stated that persistent use of caffeine would cause uch a delirium as that resulting from the use of alcohol. tr. S. D. Saririjer, of Philadelphia, testified that he. had analyzed coca cola syrup, and found It to contain one and one-fifteenth grain r of caf feine to each ounre, or the usual drink as served at fountains. He had also analyzed "merchandise No. s," the principal Ingredient of the coca ftola syrup, and found a trace of thco bromlde. some caffeine, a trace of tannin and other extractive matter. He was unable to say how much tan- (Conllmntl i on Page Folir.) COX POLITICAL iSS OF OHIO SUCCEEDS IN HIS Decision of Two Judges Sustains Mandamus Pro ceedings of Q.'s Ruler SETS BACK THE CASE 1 OINCINNATT. . O.. March ,30. f fteorge B. Cox, republican leader, vwlll not be tried on a charge of per .; Jury by Frank M. Gorman, Judge of the Common Pleas court This be eame certain today when Jidge T. A. ' Jones, of Jackson, O.. and Judge Featua Walters, of Circlevllle. O., iri a majority decision sustained the man damus proceeding against Judge Chas. J. Hunt, of the Circuit court, ordering him to rule -on the affidavit- filed by Oox's attorneys, charging "bias snd prejudice" against Judge Gorman. - While the result reached by Judges : Jones andi Waltera was the same, the Judges, arrived at their conclusions by different reasoning. Judge E. 0. Sayre, the other mem- . ber of the court hearing the man damus proceedings, dissented- He submitted a minority report, in which he upheld the contentions of Prosecu- , tor Henry T. Hunt that Judge Chas. J. Hunt Could not hear the prejudice proceedings. Prosecutor Hunt said that be would appeal the decision to the Supreme court of Ohio. The decision of today sets back the case a It was eleven days ago when' the "preJudlcessMl bias" affidavit was filed "before Judge Hunt It the epinlen of even the attorneys op posed to Cox that the republican lead- . er has accomplished what he started out to do... namely, not to be tried Ay a Judge Frank M. Gorman. wsesa term ' aspire is two days, ' - ' Effort to Drive Bucket Shop ' Out or District of Co lumbia Falls ' HE SAYS IT DESTROYS THE RIGHT OF CONTRACT Government Declares That It Will Take Case to the U.S. Supreme Court ... WASHINGTON, Mar. 39. An at tempt by congress -to to closely, de fine the offense of "bucket shopping" as to make It Impracticable In the District . of Columbiba, ' fcaa resuMfd In the complete failure at the legis lation on. the ground of unconstltu ttanallty. Justlcs Wright in the Dis trict Supreme court today decided .that the act" f eferred to, constituted an unwarrantable Interference witn the right of 4i person to enter Into contract andi was therefore' uneon?.. stltutlonal. The particular point I objection v was that a. person giving an order to a oroaer ror -- m - swta transaction,-, without the .Intent, at 1 dealing In margins, might be held to have violated the taw If the 'bro ker without Ule . knowledge . Of the client secretly made the transaction one of margin- without the actual ba sis of a transfer of stock . , The statirte is of loeal application nly and does not necessarily affect the actions -Which the department f Justice. has ' begun- at many other poihts agalnsV alleged bucket snop operators for prosecution in tnoee cases has ben under the postal laws on the plan found of fraud. '' ,,, operated cnaip. . The decision was rendered In the case or uawara Aiiemus oi ereey City and Louis A. and Angela Cells of St. Louis, who operated a to-call ed bucket shop under the title of the Standard Stock and Grain company. With twenty-six others they were In dicted for conspiracy hi operating; -a chain of bucket shops, one of which was located in Washington." While remainder oecmeo i I's"1 lno tor. ' . . ' The movements of the govern ment leading up to the indictments were shrouded In the greatest secre cy. On April i. isiu, noevr, wnen indictments were obtained raids on' "shops" In seven cities -were made simultaneously, wires were cut and customers were thrown Into panic. Since then, according to Attorney General Wlckersham, "bucketshop plng" has become a thing of the past east of Denver. The government announced today its Intention to appeal from Justice N. Wright's decision. The attorney general when informed of the finding declared that he would carry the question to the Supreme court of the United States If necessary. NEW WORLD'S REbsriDS HESTHISHEDONTHE J A G K S OlilML L E TRACK Bob Burman in His Buick Makes Twenty-Mile Drive in Thirteen Minutes MILE IN 40 SECONNDS JACKSONVILLE. Fla., March 30. ft-Two new world"s records " were made at the Atlantic-Pablo beach automobile race meeting tody. Trlv InK hl Buick "Bug" In the twenty mile free-for-all, Bob- Burman drove the twenty miles fn 1J minutes 11.92 seconds- or at the rate of fl.OS miles an hour. The previous record for more than ten miles was made at Daytona by I-ancla In a Flat He cov ered fifteen miles at the rate of ninety miles sn hour on a stralght-away course. Burman's course included two turns, which lowered his average greatly. Howard Wilcox sent a National stock car across the mile, distance In 40.32 seconds, establishing ' a new world's record for stock 'cars, and lowering the mark of 4 0. 3 S seconds made by Barney Oldfield at bay tons last year. The five-mile stock chassis event for cars from 801 to 450 cubla inchea piston displacement Waa another tc tory that Wilcox added to tile list of laurels. His time of 8. 66 82 Is faster than was ever driven by a car of that class. Bob Burman,, driving the "Blitzen" Bens, captured the $1,000 cash prise offered for the fastest mile, going the distance in 8 0.2-5 seconds over a very rough beach. A ten-mile race for cars under 100 cubic. Inches piston displacement kept the spectators on their feet during the last two miles of thd event. . Disbrnw, In the Pope-Hartford, was in the 'winner with Wilcox in the Na tional a close -second. - . German Official Will Take No Stock in Talk or Inter national Arbitration THERE HAS BEEN MUCH TALK BUT NO ACTION Conferences Looking to Pro posed Changes. He Says. Will Prove Fruitless BERUNV March JO. Discussing the proposed extension of internation al arbitration in the Reichstag today Chancellor Von Bethmann-Hollweg classed universal arbttratoon and uni versal disarmament as ideals impos sible' of realisation. ' "Ths nations. Including Oarmany," said the chancellor, "have bean talk ing disarmament since th first Hague conference, ' but neither in Germany nor elsewhere has a practical plan been proposed. ; rest Britain wishes -the limitation jot armaments, but si multaneously wants ' a superior or equal fleet' Any conference on this subject l OounA to be fruitless. No standard for v a limitation can bs found any any -conceivable proposal would be shattered on the question of control." .-' - , la tmfiosBlblA. ' , He accepted the ' idea of arbitra tion in principle but universal arbitra tion was as Impossible of accomplish ment' ' universal , 'disarmament ' By this principle two nations Ilk the United States and Great Britain eould seal the Oe facto status, but If new questions arose arbitration might prova Inadequate, . Count Von Kanits, conservative, de voted the greater part of his speech to American? affairs, contrasting the speech of Commander Wm. B. 81ms, of the American navy at the Guild hall, .Irondon. which called fort! a reprimand from President Taft wjth the A utterance ' of Congressman Champ Clark concerning the annex ation of Canada, saying: - VlWhlle sn American navat ameer t ,umwi iiwi..y--T of that nation is Ulklng nf the ab- WHITEWASH V6n EXCHANGE NEW YQRK. Mar. 10. Nine con rnntntn sat down witn zsu coiion brokers at the annual dinner of tho New York Cotton Exchange tonight and . In the apeaklng which followed the lawmakers were told by Presi dent Arthur R. Marsh that the ex- chansre "Isn't .as really black as painted,!' "I want to say to these gentlemen of. congress," he ocntinued. "f,hst there Is no body of men more willing to bow to the authority legally con stituted of the United States, than the members of .th New York cotton exchange." . - FIRE LOSSATALBANYWJLL NOT BE AS GREAT AS IT WAS AT FIRST REPORTED Workmen Find Many Valu able Books Under. Ruins Practically Intact ' SEARCHING FOR B0D7 ALBANY, N. Y., March 30 More than 100 workmen attacked the still smoking ruins left by the fire In the west end of thestate capitol this aft ernoon and soon discovered that the wreck of the state's magnificent li brary was jiot as complete as at first supposed. Burled under tons of stone lay thousands of books that can be preserved by reblndlnar and many that esCsped unscathed. The salvage may amount to many thoussnds of dollars. Records of the wsr of 1112 were found Intact, and the custodians hope other valuable relics may -be 'discov ered In s stste of possible preserva tion. The work of cleanthg away the debris' promises to prove an enormous and expensive task. A bill introduced In the legislature today appropriates 1100.000 for this purpose alone. 'Occasionally the debria in the ruined state 'library bursts Into flames as the workmen admit the air to smould ering masnea of . books and papers, but the whole Interior Is so soaked with water that no danger ta reared. Gov. Dlx Issued special orVers today to the workmen to make every effort to find the "body of Samuel J. Abbott, the aged night watchman, who is be lieved -to have perished In the state library. Mr, Abbott's son spent a good part of the day with the gang at work in the ruins of the library. FOl'R BtTI'DIXGK BlTtX MONTGOMERY. Ala.. Mar. !. Four buildings -of the Southern Cot ton Oil compsny burned here tonight. The loss Is estimated at 174,000 to tlOO.SOa. . , , ' ' Ths origin of the Are Is unknown. REPUBLICANS THE DEMOCRATS IN NAMING SENATOR it f.Sr'i Art Willing fa Make Common Cause in Choosing Conservative Democrat to Represent Empire State m y t tht ALB ANT, Ji. r., March 10. Ths Insurgent demoerstto members of the legislature wAI t'svs It In their pow er tomorrow t break th senatorial deadlock, either y setiYng their dif ferences with the party organisation or accepting aid from the republl cans. , Tonight when the prospects nf electing a senator tomorrow seemed to depea entirely upon how many Insurgents ; wouJd enter a caucus. Wllliatn Barnes. Jr., chairman of ths republican stats committee: . made pablie a ltter advising the repub lican leglsIaUve "leaders to give "to the independent democratic members the opportunity to All New Tork's vacancy in the senate 1 by tendering ,Jta uninlmijvw jiipjfip toa jfonser- Mr. Barnes letter supported ths M ,hat. faBJ) npliiy foitowlng today's abortive caucus,' that the democrats were hopelessly divided. The name of the next United States senator from New York tonight ap parently depends upon what course the "Independent" democrats choose CADETS ON 1 TUF Nineteen in One Class to Come Back to Private Life Imperfection Cause WASHINGTON, D. C, Mar. 6. Nineteen members of the first snd four members of the second class at ths naval academy at Annapolis will be dropped at the end of the pres ent academic year 00 account oi physical disability, having railed to oass the -second tests which were re quired after they . were examined soma time ago and found to be de ficient . Dhvslcaliy for the service. The members of the first class will be awarded their diplomas for scho lastic work. ' liAST SPIKE IN rnnnnvi Alaaka. Mar. 10. The last spike completing the Copper river and Northwestern railway be twean Cordovs on the tidewater and Kennecott, where the Bonanza Cop per mountain Is sltustea "as anven iaH Trains will be' In operation over the entire line within two days and the first ore wm oe snippeo irum Kennecott for tne Tacoma smeiier on Monday or Tuesdsy next. KILLED BY TREE DANVILLE. Vs.. Mar. 30. Morti mer Boax. hs eighteen year old son of prominent farmer of Pittsylva nia, was killed by s large tree which fell on him while he was engaged In cutting timber on his fathers farm at their home at gwansville. Young Boaz was sawing the tree hen It crashed to the earth, blown hv a andden suet of wind, crushing the life out of him snd mangling his body. -rrrTTrrrrr. 7fW FAIR WASHINGTON, ; Mar. , Fore- east: North Carolina, generally fair SVfAatf anil orobablv Haturdavi mod erate ' to brisk northt winds oi- - A mlntshlng. - U.JJi , :-, '7- AT ALBANY S"SSSSBBBSBasassaSBWSaSB8BaBaSBSBBaSB8J the Approaching $e$sion.-Locki Long Deadlock it Now in Sight. , tO follOW. . if- ., Tomorrow at 10 a. m, the demo crats will caucus behind closed doors, Before th Barnes letter appeared It was expected at least IS Insurgents would enter this meeting en condi tion that th names of neither Wm, F, Hheehan nor Daniel F. Conhalan would be pretrnted. .;, : Depend on Insurgent. ' The effect nf Mr.. Barn' propo sition will be Indicated by th num ber er Insurgents who enter the caucus. If fifteen Join th organised members In making a caucus nom ination their candidal .will - have enough vote for election. Unless the organisation offer acceptable terms It Is believed enough insurgents to Insure an election are ready jU Join th republicans m ending th dead lock. Th transfer of - list of a feptabl candidates between the In surgents and the organisation eon tinusd today, After numerous elimi nations th following ars said to have remained as possible candidates: ,. Martin' W, Littleton, John B. Kernan, Martin H. Glynn. leader DEATH LIST OF IT. FIRE REACHES TOTAL OF 144 Sixteen-Year-Old Girl Who Jumped From Eighth Floor Dies at the Hospital NEW YORK, March 10 Th death today of Sarah Kupla, a 1 -year-old girl, who Jumped from th eighth floor of the Aach building during Sat urday' horrow, brought th list of victims up to k total of 144. Th girl' back was broken and she had been unconscious aver since the fatal leap. Tha Identification of another girt' body, by a Strang arrangement of buttons on her shoe, nrougnt tne nsi nt unnamed down to fourteen. There seems little chance of further identifi cation, and the charltle board ha made arrangements to bury them In the cemetery of the Evergreens In a plot owned by the city. Assistants of ths district attorney's office and Fire Marshal Beers, who are conducting Investigations Into the disaster, besides visiting the Asch building, further examined aurvivors. Contributions to the relief fund to taled more than 1SI.000 tonight AMERICAN MUST PAT London, Msr. 30 M. Bayard n-nwn nartnar In the banking house of Brown, Shipley snd company, who lives In retirement on his yacht at Brlghtllngsea was today ordered by the courts to psy a IsO.OOO Income tax. Brown claimed exemption rrom the operation of the law on the ground that his Income oame from the Ulnted States; but the court held hat aithoua-h he was an Amarlcsn citizen he was a resident of the Uni ted Kingdom. NEED MORE MOSEY SPRINGFIELD, III., March 30. An appropriation by the general as sembly will be necesssry before any further expenses can be Incnred by the senate bribery investigating com mittee which Is investigating the election of Senator Lorlmer. REIGN OF THE CAMORRA VITERBO. Italy, March ' IO.-r-Ae-cordlng to the revelations of Ab batmegglo, who Is appearing as a witness sgslnst his former associates In their trial for murder, Naples is divided into fourteen camorrlst re gions, each having Its camorrlst hier archy. ' In each . district -a member of the organization la dally ntruud with th maintenance of order among tho affiliated with tne- caaiorra. MAY AID at if End of , Strsua, Herman Rldder, Alton B. Parker, -Morgan J, 0'Brlen Augus tus Van ' wyck. D. Cdy -Herrlck and John N. Carlisle. , , In hi letter Barns ya that th senatorial : situation ha reached a Mag, where It seems that, a chair man of th stats committee, he Is called upon to axprss to th repub lican member of th legislature what seems to be their obvious patri otic duty, H oontlnuss, that, !tn view of th call for an extra ses sion of congress, : th grav constd ration that th Stat of New Yprk has In th matter which will com before that session and th fsct that It must bs clearly known that no senator can bs !atd by th dem- seratlo maJorXy,. th republican ml norlty, "In th performance ef it publlo duty, under th constitution. should glv to th Independent dent' ocrstic membsrs of ths legislature, If any there are, the opportunity to nil Nsw York- vacancy In th sen at by tendering Its unanimous sup port to a conservative democrat for th oflic of United State enater." Ill SEES REO"INDLICKSTHEC!TS "Man With the Foghftrn Voice" Gets Into Lively Squabble on Ball Field ATLANTA, Oa., March Id, Ersklns Brewster, th msa with th "fog horn voice," dlstingulshsd himself at Pone de Leon ball park this after noon by giving sevsral of th New York Giant a near-llcklng. Involved In th row was Mugsy McOraw, Christy Matthwon, Chief Bridewell nd other. Th squabbl grew out of remark hurled at th player th day before by Brewster. Th latter was practicing with th Atlanta tam todsy when McGraw attempted to rs monatrat with th ' rooter. While they were talking, Mattehwaon, It I claimed, grabbed Brewster from be hind, snd th latter by a quick twist. sent th mighty "Matty" ovr hi head to sprawl full length on th length on th ground. Myers cam running up In tlms to get a stiff blow In the face. Other member of th New York squad brok Into th fracas snd Brewster was getting a good drub, btng when soms of th Atlanta play era mad their appearance with bat In their hands. Th bat didn't look good and the trouble quickly sub sided. RECORD GALE. MOBILE. Ala., March I. Gaines ville, Als., wsa practically wiped out by tb tornado that swept through Monro Monday, according to belated news that reached her today. Th cyclone cut a' path of ruin 100 feet wide through the eettiement. Ther war no caaualtle ther but many peraons were hurt by flying timber from house. ONE CENT POSTAGE. LITTLE ROCK, Ark., March, 1 0v Ons-cent letter postage was urged a a possibility by Chart William Bur roughs, of Cleveland todsy In an ad dress before the National Retail Hard ware association. Dencer was selected a th meeting plac. ... . - - FORMER SLAVE HURT ' DURHAM. N. C Mr - . Prof. Charles G. O'Kelly, th oldest negro educator in th tat and vice-president of the National Religious Train in arhnnl of Durham was Injured in a runaway accident tonighKand hi- recovry Is uncertain, ' H one a slave. - -r y "y , Proposals for Lands Available for Appalachian f orest Re serve by Government;- i lSSissassjssB) HIGH PRICES WILL NOT BE ENTERTAINED It Is Proposed to PurchasoTf Ri bered and Cleared Unds ;' But No' Farms '" 1 ; ', ;; WASHINGTON, March . Both large and small tract ef land In th Appalachian and Whit mountain re- glons will be ounsldsred for purchss by the United State to bs turned Into water shed. Land hld ut to obtain exorbitant prices. It I an nounced will not P eonsldsred. , In describing th das of land wanted, the circular say that those containing timber, th government will purchase both th land and tha timber, or wltfc timber . reserved to th ownersj cut vr or culled lands brush or burnsd land' not bearing rrferohentable timber, and abandoned farm lands, and also mineral lands. In which th owner may reserve th right to rsmov th deposit. Good agricultural land, howvr, will hot b considered. Are within which proposal will b Invited hv been divided l fol lows! .... .,,(. .;. ( r Whit mountain area. New Hmp ' Shir and Main: Yougniougheney re, Maryland; Petomac area, Vir glnla and West Virginia; Mongahala area,- West Virginia. Masaanutten mounuln and Naturlal Brld ras. Virginia; Whit. Top area, Tenneese and Virginia! Yadkin and Mount Mitchell ra, North Carolina! Bmoky mountain andi Nantahal areas. North Carolina and Tennessee:' Pls gah area, North Carolina, and Bavso nah, area, Georgia and South Caro lina, '. , v'; -w Countle within which ' prnposal r raquested ars: Georgia. ' Haber sham and Whits counties; North Car olina, land In Wilkes, Caldwell,-W. tsusa, Buncomba; Tsnry. McDowell, Mitchell, Haywood, Bwsln. Jackmn, Henderson, Transylvania, Mncon. r i v, Cherokee nnd rfrh"t m"' . South Carol. mi, i... . i.i county. Tennessee, land In Johnson, Cnf i, Ssvler, Blount and Monro caunlif": Virginia, land in ' Bhsnan".- t. Rockingham, Warren. Pag, nnnix.rn Bedford, Botetourt, a Rockbridge, Washington, Smyth, Grayson, - and . Wyth counties, .'. ', " West Virginia, Pendleton, Hardy, Randolph and Pocahonta count); , t-n-'yi- "'' , COHTTjY BliAZFi. ' ' -'. ' ? TAMPA, Fl,, March 10. Fir eom plsUly dsstroyed th grandsUnd and had over th betting ring and "pad dock at the West Tampa racs track at- West Tampa about midnight ' to-, night' That the fir was of lncendl-i sry origin I believed by th stats fair official -, . . '". ,"'! pissErasai'.:: SEE A BRIITil Oil OF COQ BU!iST::i t v a ' f- Engineer Applies the Emer gency Brakes in E"ort: to Prevent the Crime HE SHOOTS mZISCLF f t.;' r. l. M NEW YORK, Mar. i It). ? gers arriving riy thlff vnlng thy New York Central train had a hor rifying Introduction to a crime when sudden application of th smergenfcy brake brought th train almost to' stop opposite a doubl tragedy wjilch was being enacud in rarx evenue. A well dressed men wa n t whip rvolvr from hi pocket, shoot down women and turn th weapon upon hlmaelf. : Th ngu.tr. wh w th first to sas th coupls, threw on hi brake and shouted to tb msn: ' ' v: ':"' ' ' ; . "Hold en; don't hoot her." . Th ssassin psld no heed to th unexpected witness to ' hi deed but took deliberate . aim at . the, woman nd fired. Then he placed th wea pon at hi - own temple, fired and sank to th street by th woman side. Passengar 1 who looked on. powerless to intsrfere were horrified and a ooa a th ngiar w tbst warning wa not heeded be pulled hi train Inte th tatlon- The man wa deed when th pollc arrived and th woman ha little) chance of re every. 1 A card found in the man e pocket bor th ' nam ' of Jacob Shonta," Th woman victim was Iden tified tonight a Mr. Csupkiewis of this city. ' - ' - Ths man was further. Identified ss the son of Rudolph Bteupmiettj-, a millionaire of Austria, who died sev eral yea re ago leaving the son Jn- f 100,(00. .According; te. a f v member In tha carpenter' dnlon aid be had known him from c hood, Jacob cams to America, r ed hi nsms to ehqnts and n i Inatsd hi fortune 7.

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