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SHE LE CITIZEN. THE WEATHER: FAIR. CITIZEN WANT ADS BRING RESULTS ASIIEVILLE, N. C. TUESDAY. MORNING, MAY 23, 1911 VOL. XXVII., NO. 214 PRICE FIVE CENTS SENATOR OVERMAN IS SUSTAINED BY 5UPREMEJ0URT Three Federal Judges Must Sit In Court Which Enjoins a State Court A Good Beginning y -BEUlTniB TARIFF IS T a Presbyterians Seek to Revise z Their Confession of Faith In This Clause Secretary of Treasury Gave Prime Minister of Republic Still Lies In Most Prcca carious Condition instructions Not to Col lect Duties THE JUL ARE INFANTS DYING AVIATION TRAGEDY I N FAN G SAVED RESPONSIBLE IN FRANCE DOESN T MOOTED PON PREVENTTHE rages AND CREOSOTE HAS BEEN IMPORTED FREE Former Collector Stuart Gives interesting Testimony Be ' fore Committee WASHINGTON', May 22. Testify ing before the house committee on expenditures, In the treasury depart ment today, J. E. B. Btuart, former collector of customs at Newport News, declared that Secretary of the Treasury MaeVeagh had told him that ha had reveled a ruling calling for a collection of a iO per cent duty on Creosote Importation because rail roads could not afford to pay duty on that commodity. Another witness testified that Secretary MacVeaghs brother had Interested himself in the matter. Mr. Stuart, who instigated an investigation Into creosote Imports at New -Orleans last full charging that the government was losing mil lions In revenues because creosote dutiable at 20 per cent ad valorem was admitted as creosote oil free of duty, was summoned before the com mittee as the result of testimony given previously In executive session by Allen L. Benson. Orders Wore Revised. Stuart related how he found that no duty was being collected at New Orleans from foreign ships whose manifests showed their carKoes to be creesote, the cargroes being received as creosote oil which Is on the free list. . He told how last September, Assistant Secretary of the Treasury A. Piatt Andrew had ordered that duty be collected on such Importa tions and that Assistant Secretary of the Treasury Curtis had reversed the order, claiming that the goods wer? ot subject to revenue because they did not contain as much as two per Cent chlorine gas and' could not be .' Classed aa refined creosote. He said that ha had called on Mr. Curtis and was Informed of he decision and then had v sited Secretary Mac rwWopImea the 'tfeeWWmT1! Railroads Couldn't Afford It. "Did Mr. MaeVeagh give any rea son for the order?" asked Chairman Cox of the committee. j "Teg," Stuart Teplferl. "He- ghidl Continued on page three) SENATOR FLETCHER'S VOTE GOSTHIS PUCEIN CHUROHj Unitarians Pass Resolutions ! Strongly Adverse to the ! Florida Senator ' HOLDS HIGH OFFICE ' BOSTON, Mass., May 22. National politic as voiced in. the action of the I'nited States senate on the Lorlmer resolution fifrured in the principal meeting- today of the anni versary week observance here by the Unitarians and affiliated societies. A resolution opposing the re-election of United States Senator Duncan U Fletcher of Florida a vice president of the American Unitarian associa tion because of his vote on the Lorl mer case received, the endorsement of a number of members of the min isterial union. An attempt was madi to place the union, aa a body. It, opposition to Senator Fletcher, but it was finally agreed to allow members to approve with their signatures as a personal expreesion. the following resolution: "Resolved, That In view of the public service attached to the name of Senator Duncan U. Fletcher, of Florida, we do not regard him as eligible to the leadership In that form of Christianity known a Unl tarlsm. and therefore protest against hi nomination for vice president of the American Unitarian association." The resolution will be laid before the annual meeting of the associa tion on Wednesdav. CHINESE OPEXED FIGHT. EAGLE PASS. Tex., May 22. The Chinese at Torreon, Mrs., were under arms when the rebel troops entered that city after a three day battle May 15 and fired the first bullets that cul minated tn a concentrated attack by the lneurrecto soldiers and the prac tical extermination of the Chinese col ony in that city, according to W. T. Lamps, editor of the Torreon Enter prise, who arrived in Eagle Pass to night. eoxsTRCcnox contr.ts. CHICAGO, May r2. Judge George A. Carpenter In the United States dis trict court today granted an extension of time to attorney for the Indicted Chicago beef packer to file briefs in the latest attempt to void the Sher man anti-trust statute aa to their case " HIGH COMPLIMENT TO NORTH CAROLINIAN North Caroll na Senatorial Race Is One Between Po litical Giants . By lit E. C. Bryant. Citixeu Bureau, Congress Hall. WASHINGTON, May ai.lhe United States supreme court has passed favorably upon Senator Over man's amendment to the act to reg ulate commerce to requfra three Judges to sit in Injunction cases. It will be recalled, by North Carolinian that after Senator Prltchard had en joined the state In an Important, case several years ago Senator Overman in troduced a bill making It impossible for a state court to be restrained un less three judges had passed upon the restraining order. A Kansas Judge re fused to obey the Overman law. claim ing that It was unconstitutional on the ground that a federal Judge's ju risdiction In mandamus. In which, re lief was sought against the district Judge of the Sunflower state, followed. The case In mind originated in a state court in Kansas to condemn lands of a water company and other for the purpose of widening the Kan gas river. While proceedings were pending on appeal In the circuit court of appeals for the eighth circuit; the legislature of Kansas enacted a stat ute, which, in - effect, autholited a summary appropriation of the lands affected by the pending condemna tion suits, and directed the attorney general of the state to bring action. A few days after the passage of the 1)111 the water company commenced a suit in the circuit court of the United States, praying relief by Injunction, temporary and permanent restraining the defendants from a threatened taking possessions of the lands of the petitioner under the act Just passed. Judge McPherson. acting as circuit Judge, Issued a restraining order in the cause. The attention of the Judge ment. providing for three Judges, but he ruled that the provision of the amendment merely deprived a single Judge of the powe to grant a tempo ary Injunction, and that a court Continued on page three) DBY STATES WIT STAND So Uncle Joe Told President of the SouthernBaptist Convention BAPTISTS ADJOURN JACKSONVILLE, Fla., May 2 2. At the Baptist convention in session here today retiring President Levering, of Baltimore, related an Interview he had with Former Speaker Cannon. Mr. Levering said Mr. Cannon ex pressed sympathy with the movement to check traffic in liquor between "wet and dry" states, but doubted If a law sought by the Baptists would stand In the Supreme court if it were enacted by the congress. The law requested was one that would take control of liquor traffic from the in terstate commerce commission and vest it in state governments. The report of the committee on women's work as adopted showed Its member collected during last year the follow ing money: $126,900 for foreign missions. SS3.8S9 for honrfo mission. 11,219 for Sunday school work, $1,- 389 for the Margaret home. $2,983 for upport of the teachers' training school, and $.07 for enlargement of the school. Workers In home and foreign mis sion fields spoke briefly on conditions In their districts.. One was Miss Mary Buhimlen, who has charge of the work among Immigrants at Balti more. The convention adjourned to meet next year In Oklahoma City. NEW BOAT TO BAIL. NEW ORLEANS, La., May it. Within fifty days the first steamer of the New- Orleans. South America and Brazil Steamship company will sail out of thl port for Brazil and will ar rive in tropical waters In ample time to secure a share of the movements of this year' coffee crop. Actual ne gotiation, according .o President Porch, of the Progressive Union., have been opened for chartering three largo vessels, the company to later build its own liner. The new company will be formally organized this week. PRESENT PHRASEOLOGY CAUSING OBJECTIONS Bristol Will Get the Next Gen eral Assembly of the I Southern Church LOUISVILLE, Ky., May IJ.Th election of Bristol, Tenn., aa the next meeting place and a decision to put to a vote of the tt presbyteries com posing the Presbyterian church in the United States (Southern) an amend ment to "the elect Infant" clause in ih. confession of faith, comprised the most Important feature of today's session of the general sssemuiy. i... nruhvinri! had overtiired the general assembly on the "elect Infant" clause, and the committee on cms m n,.rtiir tn which they were refesred adopted the following report: hnvi exarrinea me ueriu.- and find them Of. en In number. Of these fifteen, all w5h the assembly to reject the overture sent down to the presbyterle by the last assembly and .I r..n air that some other form of phraseology be aent to the presby teriea to be considered and voted on during the coming year. VTen of the number auggeat tn following or something like if. "All Infants dying In Inrancy are included in the election of grace, etc. "Two wish to omit any reference tb election. "Two wish an explanatory footnote. "In view of the whole situation the committee recommends the sending down o" the presbyteries ot rue fol lowing overtures to amend section I. chapter 10. of the confession to read aa follows: "infants dying tn infancy are re generated and saved by the and through the spirit who worketh when and where and how Ho pleeaeth. So also are all others who ara Included In the election of grace and who are incapable of being outwardly called by. th m.Wrerjr vn ry. m-. , the amendment ueioTs n Bristol, Tann., and Richmond, a were the only two vo'ed on for the next place of meeting. The Rev Rus sell Cecil, D. D., of Almond, the (Continued on Pag Four) T or MINIS COMBINED IN Brings Together Over Three Hundred Miles of Street Railways in State IN SEVERAL CITIES ! NEW YORK, May 22. The merg ! Ing of the Norfolk and Portsmouth Traction company was virtually ef fected today whvn at a meeting here today of the directors of the two companies the proposed merger was approved, The combined properties will be known as the Virginia Hall road and Power company. Stockhold ers of both companies will act on the proposed plan at a special meeting on June 23. The Virginia company is principally owned by Frank J. Oould and will control nearly three hundred miles of street railways together with several lighting systems and power plants In the cities of Richmond, Pe tersburg, Norfolk and Portsmouth. It Is propossea to issue 2u,u.uuu oi stock of which' $12,000,000 will be common and $8,000,000 preferred. The terms provide that Norfolk and Ports mouth stockholders shall receive Hi shsres of common stock In the new company for one share of their pres ent holdings and that the preferred shares of both companies shall be ex Changed tt par. The officer and direc tor of the combined properties, which will be Frank J. Oould. chairman; Wm. Nothrop. president; Krlti Slt terdlng and Henry W. Anderson, vice presidents; Guy Phillip. eeretry and treasurer, and R. Lancaster William, George H. Taylor. Nathan A. Camp bell; Frank O. Brlgg. F. W. Roeb llng, Jr., Caldwell Hardy, Fergus Held and P. M. Chandler, directors. WILL AGAIN SINK THE MAINE. WASHINGTON, May .22. Unles otherwise directed by congress all that remains of the Ill-fated battleship Maine after It ha been raised from Havana harbor and stripped of parts of value will be towed out to sea and sunk in deep water. The board of engineer, engaged In raising the vessel, so recommended In their report which the wr depart ment today submitted . congress. Secretary Dickinson has approved the recommendation and says "action will be taken accordingly unless congres directs otherwise.'" SWEEPING INVESTIGA TION CASE MAY BE MADE BY THE U.S. SENATE " '" ' V" ' f1' : ; ' i LaFollette m Long Speech Severely Arraigns the Senator From State of Illinois De claring That He Had Personal Knowledge of Money Spent for His Election Investigation Again is Almost Assured WASHINGTON, May 2:. An In vestigation of sweeping scope of the renewed charge ' that Senator Lorl mar, of Illinois, la not entitled to his seat Is provided for In two resolu tions, by Senators Dillingham and La, Follette, and the whole subject figu ratively held the boards In the senate today. Senator LaFollette called up his resolution and made a speech ar raigning the Illinois senator, whom ha charged with personal knowledge of the spending of money in behalf of his election. Hfoth the demecratic steering committee and the republi can member of the senate committee on ' privileges anlg election discussed the charges of corruption in tne Lor Inter eae, gnt ;natrltlilngham, oh airman of the flection committee, presented hie resolution of Inquiry is a substitute fop the LaFollette reso lution. The LaFollette measure provides for a renewed Inquiry Into the Lorlmer caae by a special committee while the Dillingham measure directs the com mittee on privileges and election to make the Inquiry. The democratic senators will support the Dillingham resolution. It Is likely that the elec tions committee will be directed to In vestigate 'through a sub-committee to be affirmed by the senate. Senator LaFollette counts upon a number of progressives to support his resolution. PEACE REIGNS SUPREME But There Are Rumblings From the "Cientiflco" Which Are Omnious JUAREZ. Mcx . May 22 Peace elgns supreme In northern Mexico to night, where news ..f the signing of a peace agreement list night Ins pene trated. The only disquieting reports today were private ndvlces from Mex ico City that members of te "Cienti flco" party deposed because of the Maderlsta movement, were thinking of starting a revolution against the latter. Trouble from the "Clntlf ico." it is admitted here. is expected. but whether it will t;ikc thl form of arm ojS revolt after Maiii-ro assume power Is not yet clear. The lneurrecto troops may be kept at the various garrison in Mexico for a few months In readiness for trouble, but no oVflnlte plans along that line have been formed by Henor Madero. Senor Madero and his present chiefs today discussed the make-up of the new cabinet which is to turround Se nor De la Bsrra. the Incoming provis ional president. The moat satisfying news to them was the receipt of message from Madero t Monterey announcing that he would accept the portfolio of fi nance. The cabinet slate predicted by th Aaoclated Press recently still re main Intact -mm yfm FAIR WASHINGTON, May 22. Forecast: Generally fair except local ihower In the extrem. western portion Tuesday and W.dnedy;'lifht variable wind. : - '. JA I . The Dillingham resolution follow: "That the committee on privilege and election are authorised and di rected to further Investigate the charge made sua Inst' Wm. Lorlmer, a senator from the state of Illinois, and to Inquire and report to the n ate whether in or about 'election of aid Wm. Lorlmer a a senator of the United State from the state, of Illi nois, or In connection with his right to a seat In thl bo:y there wa used or employed by any paron, Ann, Cor poration or association any corrupt method or practice. Hit During- Recces. 'That old committee be authorised to ait durl th sessions of the senate and durln4he race of th senate or of congress r fo hold tt esl6n 's.t such place or place a It shitl deem most convenient for the purpose of the Investigation; to employ stenog raphers and such counsel and com petent accountants a It may deem necessary; to send for person and papers and to, administer oath, and that the expenses of the Inquiry shall be paid from the contingent fund of the senate upon vouchers to b ap proved by the chairman of th com mittee." Senator LaFollette' speech wa a plea for a reinvestigation on account not only of recent developments, but bee.us of revelations during last sea- REPRESENTATIVE GUOGER C0ReTS TONGUE In speech Referred to Stars and Bars Instead of the Stars and Stripes ( illen llureau. Congress Hall. ly H. E. C. Ilrant. WASHINGTON. May 22. Repre sentallve Oudger has put himself right with Mr. Kendall, of Iowa, who called him down for saying bIhts and bars instead of slurs snd stripes in a speech In The Record. "My attention hnsVeen called to an error In my speech on Canadintr re l proclty by the gentleman from Iowa, ' salrl Mr. Gudger. "The closing wniiia of that speech are as follows: 'In a great country like ours, r-t. hlnn from ocean to ocean, from lake to gulf, embracing In its limit very kind of soil, capable of r d'iclng everything used by man, the trade privileges of the greatest government on earth should be retai v.il end used for the people who float th- surs and bars.' "I must have been thinking, when I wrote that sentence of the brave and patriotic people of the Houtli, and hence referred to the flag 'VI waved in all that section from 1" to 185. It was my purpose, however, to refer In that connection to the stars and stripes, a flag In whose de fense the South stands pledge.! ly every tie of citizenship to p.-ole"t, and I ask that the record be corrected ac cordingly." r.MI ROAIM4 rOXKKRENCE BIRMINGHAM, Ala., Mav 22. More than four hundred delegates were already restetered early tonltht for the National Oood Roads con gress which opens In Blrmlnsjhsm to morrow. None of the eastern, dele gates are vet on hand,, but every Bouthern state Is represented and visitors are here from as for wrat as the state of Washington. Gover nor Emmett O'Nenl. of Alabama, arrived tonlttht and governors of other Pouthern states-are expected to. morrow. Delegations from several states will have special trains. Preparations have been made for th entertainment o( J 000 visitor. OF LORIMER lion' Investigation. ' Ha delivered only half of hi speech today, deal ing exclusively whh the prevlou In quiry, and will conclude tomorrow 'with a discussion of later develop ment, Mr. LaFollette reviewed th Lorl mer case, citing the confession of bribery In the Interest of Mr. Lorl mer'. election, '. lorlmer Arraigned. "1 there another senator again! whom uch an imputation could have been mad who would not hav. risen In his seat and demanded an In quiry?" be sked. "Can you conceive of any man holding auch tract a eat in the aenat who could lit her for week nd month after hi till had .b.iapld wtihou.. stiyhig something?" , , , v - . H said the vote of th thirty dem ocratic senator for Mr. Lorlmer would stick In th mind of th people when It Wa remembered that th democratic vote wer under the lead ership of I. O'Ncll Brown, who had $80,000 (trapped on hi person. H ald that he understood that th. senate committee had permitted an. attorney In the rase to divert It from an Inquiry to Mr. Lorlmer' knowledge In th caie, Pag upon page of testi mony, he declared, showed th closest Mociatlons between Mr. Lorlmer. Speaker Shutllff and L O'Neil Brown, the democratic leader. T ALLHiS MQNErTAKENAWAY Police on Trail of Two Italians Believed to Have Committed Crime NORRISTOWN, P May 22. Wm. H. Yerkes. one of Norrlstown s leading citizens and business men, was today shot by two men, supposed to be Italians, on (bo road leading to his quarries at. Henderson station. The police say the men were after $1,400 which Yerkes wa believed to be carrying In a bag to pay off the workmen at the quarries. His as sailants shot him In the head four times and left him lying In the road. They got e'lay with a money bag said to contain $(00. A passerby who heard the shots ran to Yerkes' assistance and brought him to th hospital here. He is un conscious and th physician say his condition is critical. The wounds In the head, ."ace and forehead show that Yerkes bravely faced the high waymen. folic In automobile are scouring the country for the robber. RAHjWAY CONSTHl'CnOX cox. r'HARI-OTTE. N. C, May 12 The Charlotte Rapid Transit company, a suburban railway, today let the con tract for the construction of Its line to W. J. Oliver A company, of Knoxvllle. Tenn. The contract embraces grading subways, bridges and track laying, snd calls for the operation of the sys tem by August It. The amount named was not given out. The line will begin at a terminus of the city system and open up dlstsnt suburb for develop ment, and the .Beach storage battery ear will be used, doing away with the trolley. .... HKAT RECORDS BROKEN. I PHILADELPHIA, Pa. May tt.- Local heat record for the year and for May 22 were broken here today jwhen th mercury registered. 12 de ; frees. Five death wer reported to I the coroner a gelng due to th ex clvj heat. DRIVER OF WRECKED MACHINE RETIRES Messages of Sympathy Re ceived From United States : and Other Countries PARI. May 2t.-Notwlthstndlnl the tragic Incident which ushered In ' the prl to Madrid aviation race yea. terday and which caused th death of M. 8ertux, th French minister of war, and th aerloua Injury of Premier Monls, the contest . continued to day by four of th competitor. , Bmll Train, whose ' machip. wa the direct cue of th .disaster. r tired from th race. fcOT M, Oibert. Vedrlne. Pre'y and Oarro dclded to continue their flight to th 8pnlh '.capital ' ' ' Vedrlne arrived at Angoulem ITI mile from ih aviation field ot )y ,le Molulin.UK ' In ' th. ' remarkable tlms- fit three hmire sntrt 31 mlnutea. breaklng the world' record for di- 1 Machlno Turned Turtta. : ) Frey began hi night from the avia tion field at 1:01 o'clock thl morninr , but only : aucceedsd . 19 .. retching BUmpes her hi machln turned turtl In a quall arid plungjC to th ground, Frsy wag not hurt. -'. albert, on leaving Fonttevey for Angoulsme. lost hi way and landed, at Brliay but later resumed hi flight on th first leg of th oour, Garros, th flrat contestant to reach Angouleme, I repairing hlr machine for th second atagaof th flight from Angouiemo 10 r-n or on us u, irm dent Fslllere today received throuiH Ambassador Jusaarand ' . mesag ' from President Taft - prMing hi 'hMrtfsU.-andelanae for , -tha.' lo whmh Frnc utiOd by th deatH of War Minuter Berteaux and express Ins his vmtiithr for M. Monl. th. injured premier. Message or ympa thy lo hav boon received from th head of tt from practically vry nation. . 1 Doesn't Know IVrteaiia f Dead. Th physician bulletin Iwued , to night (ay almply: M. Monl' condition continue t isfactory. I The premier wa permitted to tak light nourishment today V and Prof. Ijannelngu after a, consultation.. dtd ther wa no longer far of compH ratlon, ' . The premier persistently ask . for new of M. IJerteau. The phyilcUn told him thl evening that th minis ter of war wa uoconclou and that there wa no hop. The premier wa so deeply affected that It wa deemed best not to Inform him of the dcatn Cf M. Bcrteaux until tomorrow, . . . Vented Their Lust for Blooi Upon the Helpless Ori entals in the City PROTESTS MADE MEXICO CITY, May JJ.OfflcIal 1 reports reaching here today by cour iers tell the story of a maeeacr of 206 Chinese at Torreon, following the rebel occupation of that city last week. I'pon receipt of th new at ... the Chinese legstlon, th charge ' d'sffalres Immediately made formal ' representations to th Mexican for ernment. The detail ot the story a received or the three-dav battle and lacking ' of the city of Torreon I repUt with -Incident of cruelty and Indicate that the rebel leaders did not hold their men In control or thst they turned them loose to prey on a conquered and defenceless people. ; Th official . advices do not give th number of dead, but, taking the 20 Chine a basis. It I probable, that th num ber I larger. : -. ' The last day of th Torreon battle", wa May IS. On that day General Lejoro retired with his federal force ' and the rebel ntrd th . city, Cltlsen found themselves utterly un- : able to control th mob and reports received today Indicate that scores of. innocent resident wer added fo the list of victims. j - . . ','0. Always antagonistic to ' th yellow' race, the Mexican rebels and mem bers of the mob engaged in a race riot. . A great . part of the tuilnesa of Tbrreon t conducted by Chinese, some of whom are wealthy and, ac cording to report received, the riot er .shot, down or tabhed without, ' mercy every Oriental encountered. MERGILESS REBELS KILLED TWO HUNDREO CHINJIMEH AFTER CAPTURING TOIEOfi
Asheville Citizen (Asheville, N.C.)
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May 23, 1911, edition 1
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