THE ASHEWLLE CITIZEN.
THE WEATHER:
RAIN
Complete Associated
Press Reports
ASHEVILLE, N. C, TUESDAY MORNING, AP1UL 4, 1911
PKICE FIVE CENTS
XOh XXVIL, NO. 163
MENTCASE
15 THERE PE OF
Swat That Fly.
IS FLOOR LEADER
FOR REPUBLICANS
Republicans Hold Harmonious
Caucus With Many of In-
surgents Absent
E
5
E
DeDosItlon Read From German
Mayor Gaynor Caustically An
swers Charges Made by
Magistrate
Many Congressmen Gave up
Their Pet Ambitions for .
Sake of Harmony
Chemist Saying Caffeine
Is Harmless ,
GOVE
II
Mill
OF ILLINOIS
PERFECT HARMONY
AGAinST
POPULAR
GRIME
IE
lb
REIGNS
RANK
DOPE NEARSCLOS
CITY OF NEW YORK
OFTHEDEMOGRAIS
ARGUMENTS TO BEGIN
VERY PROBABLY TODAY
Case Against Forty Barrels
and Twenty Kegs ofCoca
. Cola Now Famous
CHATTANOOGA. Tenn.. April 3.
Rebuttal Evidence for the govern
ment In the case of the United
State against forty barrels and twen
ty kegs of coca-cola, sized in this
city In 109 wue taken In today's
aetslon.
Many WltncNWH Called.
Howard Candler was the first wit
ness. He was followed by Judge
John Candler, a dtposltion by lr.
Oswald Sehmcdburg of Germany; Dr.
I F. Keibler. chief of the drug de
partment of the bureau of chemistry.
Washing-ton; Inspector Lynch, of the
pur food department, and Dr. Wm.
T. Boos, of Philadelphia.
t Tbe defense read the translated
deposition of Dr. Oswald Schmed
burg, taken at Kehl, Germany. The
answers were almost Identtal in most
instances with the opinion ot- Dr.
Scnntedburg, written for the defense,
and heretofore excluded,
i "; The 'substance of- the deposition
Was that caffeine was not harmful
when taken In tea. coffee and other
caffeine beverages, Including coca
cola. Inspector Lynch was ---illed and
testified further as to conditions he
found in the coca-cola factory which
he claimed was unsanitary.
Dr. Boss was being cross-examined
by the defense when court adjourned
and will continue his evidence to
morrow. District Attorney Jag. B. Cox
stated tonight that It was probable
ths evidence will be completed by
noon tomorrow. In this event Gen
eral Cox will open the argument, be
ginning his address just after noon.
COINS WASHED IP BY THE TIDE
.'.LONDON. April I, The extraordi
narily .high "tide aloha) the" 'Suffolk
cos st today washed up hundreds of
gold, silver and, bronze coins of early
Baton times tn 'the neighborhood.
Large quantities of antique bronze
rings and ornaments, supposed to be
relics of the submerged city of Dun
wlch, were also cast up by the sea.
CROWD WAITED IN ill
FOR OPINION IN THE BIG
GORPORATiaN GASES
No Action Yet in the Stan
dard Oil and American
Tobacco Suits
MAY COME UP MONDAY
WASHINGTON. April 3 Keen
disappointment prevailed today in the
vicinity of the Supreme court of the j
I'nited 8tates, when that tribunal fin
ished its weekly task of handing
down decisions without touching on
the dissolution suits against the Stan
dard Oil and the Tobacco corpora
tions. The biggest crowd that has at
tempted in years to get into the court
room today blocked the corridors In
the capltol, -
Women and men stood In line for
hours, even while the court was tak
ing a recess for luncheon, In the hope
that they would gain admittance.
The sixty odd who were fortunate
enough to procure seats within the
court room early In the morning
seemed to make an all day's visit of
It and consequently the patient and
Impatient Ones on the outside remain
ed outside.
Governor Harmon, of Ohio; Sena
tor Root, of New York, and a long
list of distinguished personages walt
ed throughout the three hours the
court was announcing opinions, be
lieving that the "Trust" cases might
be decided.
May Cosw Monday
The failure of the court to decide
the cases today precludes the an
nouncement of the decisions until
next Monday at least.
Some of the members of the bar
thought that the court was flirting
with one question Involved in the
Standard Oil and Tobacco cases, when
It decided that proprietary medicine
companies are not entitled to monop
olies In the sale of their medicines
and that the public is entitled to
the benefit of competition among re
tailers thereof.
Justice Holmes, in dissenting alone
from the court's holding uttered some
caustic words about 'the "popular
but mistaken"' notion that competi
tion was always beneficial to the pub
lic SOCIAIilST MAYOR
FLINT. Mich., April 3. Jno. C.
Meliton, socialist, was today elected
mayor by a plurality of S00 to 600
over Edward Tatewood, republican.
PROTESTING AGAINST
DEMOCRATIC ACTION
Claimed That They are Dis
criminated Against in Com
mittee Assignments
WASHINGTON", April. 3. Repre
sentative James Mann of Illinois was
unanimously chosen candidate for
speaker and floor leader of the re
publicans In the house of represen
chambers tonight. He was proposed
to the caucus by former speakerToa.
G. Cannon and received the support
of the regulars and those Insurgents
who were present. Hts endorse
ment means that he will receive the
republican votes In the house tomor
row when a speaker is elected and
that he will become the active head
of the minority party in the house
in the new congress.
Insurgents Not Present.
More than a dozen insurgents were
net present at tonight's caucus. Dur
ing; the afternoon the Insurgents
held a meeting at which 46 were ei
ther present or accounted for. For
more than four hours they discussed
the party leadership and the method
of tilling committee assignments but
no definite action was taken on el
their of these proposals.
The caucus proceedings were har
monious on all points except the
method of selecting the minority
members of the standing committees
of the house.
Speaker Cannon was one of those
who strongly advocated the selection
of the minority committee members
by the republican floor leader. In
a characteristic speech to the cau
cus he reviewed his own eight years
as speaker and pointed out the sat
isfactory results which he believed
had been obtained by placing upon
one man the responsibility for se
lecting the members of the eommlt-
.toy:.,; , ,. X,r. ."i&
Mr. Madison, of Kansas, who had
been a prominent figure at the after
noon meeting of the Insurgents
strongly advocated the plan of having
a committee on committees. He said
It was the only proposition that he
(Continued on Page- Four.)
IMPERIAL EDICT MAKES
PRINCE RECENT OF CHINA
Proclamation Cites Dang
lers Lurking on Borders
' ' and May be Historical
RAISING STANDARD
PEKING, April 3 An Imperial
edict issued today In the name of
the Infant emperor assumes for him
supreme command of the srmy and
appoints the prince regent general
issimo until the emperor attains his
majority.
The proclamation Is the most Im
portant of a series of edicts by which
the throne has gradually raised the
military standard until the army
which was once the most despised
profession Is now considered of the
highest type. It reviews at length
the valorous history of the ancestors
of the present dynasty and Intimates
thet dimeers are lurking about the
frontiers. It declares the necessity
of a great army and demands that
the families discontinue selfishly seek
ing their own Interests ss erery fam- 1
lly will suffer If conquered. It an
nounces a new military program, j
It fulfilled, the proclamation wl(J
prove historical.
COXDKMSS II A R KM SKIRT
HAVANA, April 3. The Rt. Rev.
Gonzales Estrada, bishop of Havana,!
has Issued a pa storal letter condemn-I
Ing the so-called harewi skirt as Im- .
moral and unchristian. Bishop Estra- j
da warns women that persistence In I
Its use will result In exeommunlca-i
tion. The bishop's action has caused !
some surprise, aa only one skirt of
this type. 'which was worn by an ac- j
trees, has been seen on the streets,
ui to the present. . !
RKflRLICANS C'AKKV MICH Hi AX !
j
Detroit. Mich., April 3. Although.)
it is difficult to estimate the major- :
Ity, the republicans today elected:
their state ticket. In counties where
a local fisht brought out the voters
the majorities ran upwards to those of
four years ago when the total was
more than 100,000. but In many coun
ties the vote-was so light as to In
dicate that the total majority for the
ticket will fall below the normal re
publican majority.
GRAND JURY BEGINS
A THOROUGH PROBE
Burglary Insurance Compa
nies. Hospitals, and Squeal
Book Examined
NEW YORK, April S The con
troversy whether New York really has
a "crime wave," received Impetus to
day from many quarters, IneJudlng
a statement from Mayor Gaynor In
answer to the charges of Magistrate
Jo ii. Corrtgan that crime was
rampant and the police dormant.
CofrriKan 8rg Vlcr
"Do not persist In asking about
Corrigan," the mayor said. "Ha la
one of those in this city whose heads
are filled with vice and crime. How
did their heads tret so filled with vice
and crime? You only have to fol
low them ereund at, night and find
them out. .Those of us who have to
deal with the city Intend to go right
on with the large things which con
front us."
Magistrate Corrigan merely smiled
over the mayor" statement.
Nothing More to Nay
"I do not think that I will say any
more now." he said, 'as the matter Is
where It belongs before the grand
Jury."
In an effort to get an Intelligent
idea of how wide is the crime wave,
the grand jury subpeonaed today of
ficial of half a doien burglary In
surance companies to testify as to
the number of burglaries reported
since January 1 and asked hospital
authorities to furnish figures as to
the number jf persons blackjacked
or otherwise assaulted that have
come under their care.
The "squeal book" record which the
police keep of complaints of crime,
and which Magistrate Corrigan has
ehsrged will show countless rases that
have been kept from tne puniic, I
also to ba Inspected.
WlLfc TRAIN IN MACOTf
MACON. Oa.. April President
J. J. McCaffrey of the Toronto ball
club who Joined Manager Kelley at
Montgomery today has announced his
team will again train at Macon next
spring. '
RAILRD10SAAEATTACKINC
CONSTITUTIONALITY OF
SAFETY APPLIANCE ACT
Set Forth Number of Rea
sons Why Congress Ex
ceeded Its Authority
STARTS IN ATLANTA
ATLANTA, Ga . Aprl I 3 -Action
attacking the federal safety appliance
act as It affects railroads was started
In the United States court today a the
Instance of the IxHitsvllle and Nash
ville and Atlantic Coast Line railroads.
They seek to have the act declared
unconstitutional, setting forth five
reasons why the law should be taken
off the statute books.
The reasons are:
First That congress In passing the
act exceeded Its powers to regulate
commerce.
Second That such a law Is not au
thorized by the constitution.
Third That the act Is so broad
that Itpenalizes railroads engaged In
interstate commerce whether the de
fective appliances on which the gov
ernment bases .Its prosecution have
been used In interstate commerce or
not.
Fourth That the act attempts ta
regulate appliances used in Intra
state as well as Interstate commerce
and.
Fifth That the act violated the
tenth amendment to the constitution
because "the powers not delegated
to the United States by the consti
tution nor prohibited by It ere re
served to the states or to the people."
During the past few months (he
government has made more than a
dozen cases out under this act against
railroads entering Atlanta.
TAFT TALKS OF' MEXICO
WASHINGTON, April .Presl
dent Taft began today to take the
democratic members of the house
committee on foreign affairs Into his
confidence In regard to the move
ment of troops to the Mexican border.
The president talked ovlr the reason
for the troop movement wltn Repre
sentatives Sulser of New Tork who
is to be chairman of the committee.
Flood of Virginia snd Garner of Tex
as. Mr. So lie r carried away a port
folio containing a mass, or papers
relating to the situation In tne south
west He refused to discus wftat
they contained.
hi ! vii sr
SUPREME COURT OF U.S. REVERSES THE
LOWERCQURTON HEPBURN
Section Relating to Anthracite Roads Which Was Declared Unconstitutional by US.
Circuit Court is Given New Life by Highest Court. Chief Justice White
' Shows Where the Lower Court Erred.
WASHINGTON, April 3. The
commodities clause of the Hepburn
rate law Interpreted two years ago
by the Supreme court of tha United
States into what was commonly sup
posed to be an Impotent group of
words. wa liven new Ufa today by
that same tribunal In a seoond Inter
pretation. Ho affective was the re
consideration of th subject that gov
ernment officials tonight predict that
the evils sought try ba corrected by
tbe legislation ' wilt' new be remedied
and railroad business henceforth di
vorced from coal business.
The case aroaa In tha United States
Circuit court for tha, aaatern district
of Pennsylvania and - involved tha
tvrnont'a 'Miort- against tha so-
called anthracite roads.
The Circuit court primarily held
the clause unconstitutional; the Su
preme court of the IT. 8. reversed
the lower court but In remanding the
case, drew a distinction between own
ershlp and transportation of coal.
The government then sought to
amend Its original petition against
the Lehigh Valley railroad to meet
the Hupreine court's views. This the
lower court refused to permit and
dismissed the suits against all the
roads.
Justice White's Holing
Justice White today announced the
unanimous decision of the court and
took the position that th lower
court had erred In refusing to sllow
the government to amend Its original
petition. He referred to the refusal
as "an absolute abuse of discretion."
He said, however, that the abuse was
"obviously occasioned by a miscon
CANADA NOW ALARMING
Matter Brought up in Par
liament Where They Are
Declared Undesirable
OTTAWA. Ont.. April 3. The
movement of negroes into western
Canada to take up free homes leads
wag brought up In parliament today
by Mr. Thoburn, on Ontarlp member,
who declared that hundreds of color
ed settlers had emigrated from the
United States and at the rate the
movement was growing there soon
would he thousands of them planted
In the northwest. He asserted that
they ere not suited to Csnadian con
ditions and woujd not make desirable
settlers. The government, he de
clared rhould do something to dis
courage the movement. Minister of
the Interior Oliver replied that the
Canadian laws d" not prohibit the
entry of negro settlers snd the gov
ernment could only administer the
law. While the situation was belnx
carefully watched, the government
had not yet 'seen fit to lake drastic
actlon.
GHOWER&'
WASHINGTON. April t. Forecast
for North Carolina: . Rain and warm
er Tuesday: Wednesday rain, increas
In east winds
ception of tha character of the ac
tion of this court and tha scope of
the mandate."
"Whirs that decision expressly
held," said tha chief Justice In re
ferring to tha holding of tha Su
preme court two years ago "that
stoasi ownership by a railroad com
pany In a bona fide corporation Ir
respective of the extent of such own
ership dld not preclude a railroad
company from transporting the com
modity manufactured, mined pro
duced or owned by such corporation,
nothing Injhst conclusion foreclosed
the right of the government to ques
tion tbe power of the railroad com
pany .transport interstate com4nHnedltlee ehtUsa' pTOKIblts,- a duty
meroa a -commodity manufactured
mined, owned or produced by a cor
poration In which the railroad held
Stock and where the power of the
railroad company as a stockholder
was used lo obliterate all distinctions
between the two corporations. That
is to say, where the power was ex
erted In such a manner as to com
mingle the affairs of both as by nec
essary effect to, make such affairs
practically undlstlngulahabln and
there to cause both corporstlons to
be one for sll purposes.
Humming Vp,
The derision was summed up
the chief Justice In these words:
"It must be held that while
the
right of a railroad company as a
stockholder to use its stock owner
ship for the purpose of a bonaflrle
separate administration of the af
fairs of a corporation In which It
has a stock Interest may not he de
nied, the use of such stock owner-
TROUBLE OF STATEHOOD
IN
After Many Years of Com
parative Comfort it Must
Now Bear Own Burdens
i
WASHINGTON, April 3 The bur
den of statehood was brought home
to the state of Oklahoma today when
the Supreme court of th United
Slates told the state that It wss to
look hereafter to Its own law for
the regulation of the liquor traffic
and freight rates, and not to the fed
eral government.
The slate about a year ago filed
n original petition In the Supreme
court asking It to enjoin railroads
entering the old Indian territory from
carrying liquor Into that section of
the state. The request was based on
the requirement that the state of
Oklahoma provided In Its constitu
tion that liquor should tint he sold
there. The Kuprem court said lotlav
thai the state should go Into the
state courts to enjoin the railroads
under the state law, If It desired.
The court likewise refused lo en
join the federal Judges of Oklaho
ma from enforcing certain decrees
they Issued In liquor esses. Involv
ing a confll't of authority between
the federal snd state courts The
'court held that In view of Its right
to review the cases on writs of cer
tiorari. It weuld not enjoin the
Judges.
JUDGE WHEDBEE WILL
HOLD TWO COURTS
KALEIOH. N- C. April 3. Judge
Whedbee, who wound up his two
weeks' term of Wake Superior court
last week nd wa scheduled for a
week at his Greenville home, was
today directed by Governor Kltchln
to go to the Jackson and Northamp
ton Superior eourt this week In the
place of Judge J. 8. Adams, who
di" suddenly at Warreton Sunday. '
RATECLA USE
1
ship in substances for tha purpose of
destroying the entity of producing,
etc.. corporation and of comming
ling Its affairs In administration with
tha affaire of tha railroad company
so as to make the two corporations
virtually one, brings the railroad)
so voluntarily acting as to such pro
ducing, etc., corporation, within the
prohibition of the commodities
clause, there la a duty cast upon a
railroad company purposing to carry
In Interstate commerce a product of
the producing, etc., corporation, In
hlch It has a stock interest not to
abuse such power so aa virtually to
do by Indirection that which the
which plainly would be violated by
the unnecessary commingling of the
affairs of the producing, company
with Its own so far as to cause them
to be one and Inseparable."
"This decision re-opens the funda
mental question! involved In the
original commodities clause case,"
said Wade H. . Kills special counsel
for the government In discussing the
court's action,
"The court now holds that a rail
road company cannot lawfully trans
port Interstate commerce coal of the
subsidiary eompsny which belongs
by to the railroad and which la manag
Ked so as to make It not In aood
faith an Independent corporation.
This will remedy the real evil at
which the commodities clause wrs
alined. It will divorce, the railroad
business from the coal business and
compel Interstate carriers to attend
strictly to functions for which they
were organised.
NO INTERFEBENGE FfiOM
Kmc wnuT
King George of England
Will Not Exercise Prerog
atives in Situation
IONDON. April . King Oeorge
will not exercise the royal perogatlve
so far as to Interfere with the mea
sures thst may be prepared for th
reform of the constitution of the
house of lords. In a mesage sent to
the upper house today In reply to an
address from the lords, his majes
ty says:
"Relying upon the wisdom of my
parliament 1 desire that my prero
gative and powers In so far as they
relate to the creation of peerages snd
to the Issue of writ of summons to
the lord, spiritual ano temporal, to
attend, to sit and vote In the house
of lords should not stand tn the way
(A the consideration by parliament
of any measure thst may be Intro
duced at the present aeslon on the
subject of the constitution of the
house of lords."
PA MAMA RAILWAY MEiTTIXO
NKVV YORK, April 3. At the an
nual meeting today of the Panama
Hallway company (owned by the gov
ernment) attended by Secretary of
War Dickinson and General Clarence
Kd wards of the Insular bureau, the
retiring director were re-elected.
The director re-elected the retir
ing officer and awarded th contract
for cob) to be used on the Isthmus
during the current year H0, 000 ton
of seml-bltumlnou coal, to th Po
cahontas Collieries company for $2.6t
per ton, this being the, lowet bid.
The coal I to be delivered at this
price at Newport New or Lambert'
Point. Th contract for carrying th
coal to the Isthmus waa awarded to
the Earn Steamship Une. The bid
of the tin wa sl.JV4 PO' ton
NORTH CAROjJIA MEN .
ARE ALL WELL PLEASED
Three Congressmen fromMour.
tain Districts all In Doubt
About Reciprocity.
: CI tl sen nureao.
Cngrra Hail.
Ity 11. K. Bryant
WASHINGTON, April I. -For the
flret time tn year the democrats ol
the house of representative : seem
to be united In formidable battle line,
presenting an old . time democrats
front to the enemy, The caucus Sat
urday was well plannvd and well ex
ecuted. Everything went: off beauti
fully and 'left few fores. The pre
dicted rows did not materialise. Never
before since I nrat came here has
there been such , desire for and such
spirit of harmony among tha dem
ocrats. Some of the sacrifices msde
here - by democratic . congressmen
should be recorded. Hal D, Flood, a
popular Virginia congressman, was
slated for the uommlttee on foreign
affair. ' Representative Sutler nf
New York wanted to be chairman of
the committee on military affairs, and
by rank was entitled to It, but for real
reason the committee on commit
ters gave the place to Mr. Hay of
tha Old Dominion. Then Mr. Sulser
threatened to make trouble but for
the aake harmony, Mr, Flood of
fered the ' chairmanship promised
him, "The New Yorker was satisfied
and quieted. For a time this contro
versy promised serious results. Flood
gave way and the ar cleared. Frank
Clark of Florida was ranking member
on the committee on merchant ma
rina and fisheries. ; In order that hi
colleague, Representative Sparkmsn.
could be given the chairmanship of
th rivers and harbor commutes he
gave up on of the real ambitions of
hi life. - '
' Other Instance could be sited, but
lhaa. .will auKUia, to show the spirit
that prevail her. ' 'Get together."
and "stay together" I in th very at
mosphere. Th North Carolina delegation I
well pleased so far, . Represents tlv
If tthlK Irhn hv h. wit la tvlMlflnv
a very valuable member of the great
way and mean committee, ha don
well for hi tat under the circum
stance. Two member' f the dele
gation. Pou and Ood win, 'were en
titled to chairmanships, and they get
them. Had Charlie Thomas be re
turned ha would have, ho doubt, been
given the commutes on public build
ing and ground, - 4
North Carolina Une-Vp , .
Here I th line up: '
Small, river and harbor. '"
Kltchln, way nd means,
Falson, the merchant matin end
fisheries.
Pou, chairman of claims and mem
ber of rules,
Stedman, foreign affairs and elec
tion or president, vie president and
representatives In congress. . t
Godwin, chairman of reform In th
civil service and th public land.
Doughlon, banking and currency
end expenditures In th department
of agriculture,
Webb, Judlclnrv and patents.
Oudger, public building and
ground and Indian affair.
Mvery member wn Riven on first
class s(f(gnmnt, There Is no He-
(Cotiilmieif on Pace Four.)
BfllHiws
AMENDMENTS TO RULES
OF SENATE ON DEBATES
Suggests Cloture Rule
Limit Some of Debates :
VT XAXUU sffsVlV AVV tUVUg -
EXPEDITE BUSINESS
WASHINGTON. April Aft-nato?
Curl! of Kansas Is preparing to In
augurate a crusade for an amendmun
of the senate rule which will permit
the senate to determine when de-.
bate shall ceaee upon a given sub
ject. Ha announced today that he
will Introduce a resolution for an
amendment to provide for cloture af
ter a subject ha been tinder discus
sion for flv separate calendar day
or ten consecutive hour.- Under tbo
plan suggested any senator would be
recognised to move for the: termi
nation of debate and If the motion
prevailed by a two third majority
vote shall be taken after houra
additional discussion.
"Under the present rule any two
or three senators can hnld up a sub
ject Indefinitely, said Mr. Curt! In
discussing hi resolution. The coun
try sends u her to transact buslno
and wa hall provide the, way for ow
ing to. Certainty there enn ! no
sonable complaint a a rule iv - t .!-
!OW two thirds Ot tbo lll'.ui! : ,1
Voice OB the point of r" -.' -'.-
CURTIS PROPOSES SOI