ABHEYELLE CITIZEN. CITIZEN WANT ACS BRING RESULTS THE WEATHER: FAIR. ASHEVILLE, X. t TUESDAY, MOKNING, MAY 30, Ifll. PRICE FIVE CENTS VOL. XXVIL, NO. 221 O SUPREME COURT DECLARES THAT TOBACCO TRUST IS A M0N0P0L Y IN FULL Sweeping Victory for the the Tobacco Octopus No Question SIXTY-SEVEN CORPORATIONS AFFECTED BY THE DECISION Mist Come Within the Law Inside of Six Months or Receivership and Dissolution' Decree Will be Issued by the Court 1 1 II1IIWMIMHIIIIIIMH The Tobacco trust decision is characterized by X Attorney Generol Wiekersham as a "most com- X I prehensive and sweeping" victory for the govern- , I ment. . The trust is held to be a combination in re straint of trade a monopoly in violation of law. The decision affects 65 American corporations, two English corporations, and 20 individual de fendants. An opportunity is gi ven the trust to disintegrate and r-create a condition of transacting business not repugnant to law. xi at, luc fiiu ul on i v-ig," jv tions fail to bring themselves within the law a re J ceivership and dissolution by court decree will fol low. .... The trust is held to have been guilty of intimi dation and clearly to have shown a purpose to , stifle competition.,. . V ; , v 1 .Chief 'Justice-White-amwraneed-the - decision which was practically unanimous although Jus- ' tice Harlan dissented on several points. H I I 1 1 H I I I I I II I I 1 M 1-w-w -wT-w--w r w WASHINGTON. May 29. The gov ernment today won a sweeping vic tory over the so-called "tobacco trust" when the Supreme court of the t'nited States held the American To bacco company anil Its allied corpora- tions to be operating In violation or the Sherman antitrust law. By di- rectlng that the combination be for- 1HD BY OBJECTIONS TO ATTENTION PI GIRL FARM MOTS SIX After Four of Them Are Dead, Inlcluding Em ployer, He Kills Self. WAS TOLD TO LEAVE) PAWNEE CITY. Neb.. May29. WASHINGTON, May 2D. Medicine i WASHINGTON,, May 29. The cap Jamos Fielder, a farm hand employed I which la nothing but sweetened water Hal of Oklahoma will remain Okla- by J. M. McVittle, angered because ; . ...... . , . , t Mcviuie ouj iu ij o .may oe laDelied 'cures' ana soia as , court or the united Mates la con- Zl'To" with impunity ndr the na-i cerned. That tribunal declined to dren, wounded a third child fatally, i "al P"" food and drug act accord- ( uphold that the Oklahoma statute, shot Sheriff Claude Fuller who at-; Ing to a decision rendered today bv enucted last December to remove the tempted to arrest him and then kill- the Supreme court of the ITnltad ; unconstltu ed himself. . States in the case of Or A. O. John- After killing four members of th'i son of Kansas City. Provided there tional. McVltties family. Fielder at the point . ig no misstatement on the bottle or j w. H. Coyle. as an Oklahoma tax of a revolver forced Miss McVittle : package as to It contents the man- vyeT brought sut under special to accompany him In a fr.ggy. Ms ; fired two shots at her when she drove away what, he, stepped from the out- gy -for a moment. She was not wound- ed. For some time Fielder ha. pai.1 unwelcome auenuon lo ;n:viiiian' daughter. According to the daught- . certain sense the statement on tne 3" r, the only member of the family j label was false, or. at least, misiead-r-ft alive, her father this mornins . Ing," but It held that the language old Fielder to--leave the place. Field- 1 of the pure food law Is such that a er immediately got a revolver ami be- statement contained therein as to the gan shooting. meaning of misbranding "is aimed After Miss McVittle escaped to a . not at all possible, false statements, neighbor's home and sounded the J but only at such as determine the alarm. Fielder waa found In an empty j Identity of the article, possibly Includ school Tiotise. He barricaded himself. Ing Its strength, quality and purity." Sheriff Fuller soon arrived with" a; If a label were to state that the deputy and attempted to capture ; contents of the bottle was water Fielder. The maddened man fired i when as a matter of fact I waa other three bulllet Into the sheriff's body, i than water, it would come under the Seeing the officer fall. Fielder fired a ! misbranding In the meaning of the bullet Into his heart and waa found t dead when farmers arrived to aid the I, sheriff. NORTHERN AID FOR ROAD i WIcVSTOrN-MAL,K-.vi. a. (. ., inay z. Arfnouneement was made today by H. G. Chatham, president of the El kin and Alleghnry railroad, that fi nancial aid had been secured from northern capitalists and that the road would be rushed to completion at ; once. The line will operate through Alleghney. Ashe and Wautauga coun- -lot Jof of ties, traversing rfc-h Umber and mln ral aectloo. RESTRAINT Government Ends the Which Has Spread to All Sections of the Earth of "Reasonable Restraint'' This Time 1 " a..., bidden the privileges of Interstste commerce or bwplaced In the hands the objections he expressed In the of a receiver unless it disintegrates In .standard Oil decision of two weeks linrmony with the law within six, or,0 t0 tne adoption of the rule of at the most eight, months, the court . . ,tandard for ascertain- Is regarded to have dealt with the iodscco corporauona more arasucany . (Continued on Page Four. SWEETENED WATER, PILLS OF COLORED Ml LIBELED If- No Misstatement; Su preme Court Gives Free Rein 1 CREATES BONANZA or pills compostd of colored mud, , .... uracturer is Tree to sen nis gouua. Justice Holmes announced the ma- Jority opinion. Justice Hughes re iv- , orlng a dessenting opinion in "hlch Justices Hrlan and Day concurred , tnw luuri ncKimn iruncu umi iii law, acocrdlng to today's opinion, but the opinion adds that when the state- ment on the box or bottle of medicine mendatory and prophetic aspect" It uia not come witnin tne act f EFFORTS TO AVERT HTRIKE i WASHINGTON. May 29. Efforts j for averting a strike of firemen on the Southern railroad were begun today hy the board of mediation consisting , of Dr. Chas. p. Xlell, commissioner Dr. Chas. r. Mail, commissioner labor, and Judxe Martin A. Knapp. th court .of commerce. OF TRADE Long Fight to Overthrow BY JUSTICE 11 Takes Issue With Majority, on TWO Most Important Points In the Tobacco Case RULE OF REASON IS AGAIN BROUGHT OUT Seriously Objects to Having Case or Any Port of It Re manded to Low( r Court WASHINGTON, May 29-Asoclat Justice Harlan delivered a vigorous diraent today to part of the decision 1 of the Supreme court In the Tobacco case, although ho agreed mat tne American Tobacco company, and Ita VIGOROUS DISSENT accessory and subsidiary corporations, T : were members of an unlawful com X ' binatton In violation of the Sherman anti-trust act. His dissent, as ex p rested from the bench; centered around two points. First, he took Issiie w.ltb the- court for sending the nn ink to the lower court; "I found nothing In the record?" he said, "which makes me at all anxious to perpetuate any new comfblnatton among these companies which the court concedes had at all times ex- hi Mi aI u ,rr,4Mltnm wrnnv A dinar ..i (h- .n,i nae he reiterated ing what restraints of trade violate the Sherman antitrust law. ...... . . w . w (Continued on Paget Foot) CAPITAL OF OKLAHOMA TO SmiT OWMI CITY SAYSU.S.SUPREMEGOURT Justice Lurton Announced Opinion of Court to This Effect TWO DISSENTED homa f.'ltv, so fat- aa the Supreme ic Klvlng the Supt.me court of Ok- , to ()kahom)l n, attacked on the ground that It directly conflicted with the Oklahoma statehood act estab lishing the capital at Guthrie until 191. An ordinance to that effect was adopted by the Oklahoma con stitutional convention, but It wss In corporated Into the state constitu tion. The Oklahoma Supreme court held that the ordinance waa not i port of the state's fundamental law; tha the provision of the enabling act waa void and the Oklahoma statute constitutional. Justice Lurton an nounced the court's opinion. The equality of the ststes would be dis turbed, he said. If the enabling act was to be Interpreted to prevent Ok- lit Vi nma fs-rtm Inoa fin Its, r nt . f . i,. . . - , ' 'J Ho,me "d cK"" dl- BOY HI7-TOTH MATE DANVIIJE, Va., May 2. Frank Mahan, a fourteen-year-old white mill operative, this morning was shot. ,0 ,jeath Dr gamttei pruetL a ellow . North Carolina: generally fair Tues- joporatlv, thirteen years old. Bothjday. and Wedneaday; light variable boy ar smalt for thajr ages. wind. it. f'Ty rfts poor hard All Vfl IN QFttt TO SAVE TO $Nri(S o i Crt ON A SUNMR 'CATtOH . IN CHARACTERISTIC LINGO tiAVIS SAILS INTO THE LORIMER CASE "Biggest As$ That Ever Disgraced This Country and Biggest Knave That Came Into Tt 5mat"--fcjepr?s? Intention to Vote With Insurgents on '. Question, if He Hes to Leave His Own Crowd WASHINGTON, Hay 19. A virtual agreement to refer' the Lorimer case to the senate committee on privileges and elections with the understanding that that commute shall entrust the proposed inquiry t a, bi-partisan and b. Lorimer committeeof eight was ef fected in the senate? today. The agree ment was the result of a conference of democratic senators held previous to the decision of the senate. at. which the previous decision to support the Martin resolution Va rescinded and all democratic senators relessed from sll caucus obligations. The bi-partisan Wee was suggested by Senator Stone, and while no voter was taken It wa generally accepted as as satisfactory compromise, ft is understood "tt Urn sb-commHte on Investigation .trill constat of Sena tor f Mlllngham, republican;' Fletch er and Johnston, democrats, pro-Jr-Imer, and of Senators Olapp and Kan yon, republicans, and Kern and Iee, democrats, aatl-Lorlmer. The final disposition of the matter by the sen ate was postponed until the next meeting on Thursday. Advocating a relnqulr? In the senate today. Senator Jeff Davis, of Arksnsa. so expressed himself ss to cnll ii"n two rebukes from Senator Heyburn, who occupied the chair. .He admitted his prejudice against Mr. Lorlmer, and said a "whole passel" of testimony would be necessary to Chung hi attlude. WORK ALL HIIY ID NIGHT Bodies of Engineer Lindsey and Fireman Dooley Still Remain in the Debris. ELI.ENBORO. N. C, May 29 ; Though two wreck In crews worked all night and all day, so deeply are ; the bodies of the victims In yester- ; day's work at Wtitlln trestle burled that at dark tonlghl two had been re covered. Engineer (ireen was dii . . . from his bumfnK ahln thirty minutes after the crash, Imt the bodies of Kn glneer Mndsey and Fireman Doolev are still In the muss debris, it will probably 0e Wednesday morning lie fore schedules an ne resumed inn Seaboard. that division of DEFKHATK. KN't'OI'XTKK FORUM. Okla.. Mv 2.-tandlng In the doorway M home. Hony Htarr, with his frlf.-d. Jos. Davis, to day killed Oeo. Ma ". a stockman, an wounded four more or thirty masked men said t Have heen mem bers of the anil-h..rHe thief associa tion. Starr's wife ctood by Ms aid" during the confli. ' nd loaued nis rifles. The attackers roue up to Starr's home with the Intention o taking Starr and Iwvls prisoners on the charge or st-allng csttle and horses. During the fight more than ZOO shots were fir'-d. WA8HINOTON. May 2t Forecast Fathers the Goat R y Mill JLlL '( Y&S . t fl srw - rii ii l -a ill jLV,Viir 1 - 1 t In lnOil He contended that Mr. Larimer knew, his election waa brought about as a result of bribery, "lie did not know he Is the IriKKpst. aaa that ever disgraced the country he Is the big Rest ass or the biggest that ever came Into the senate. Any man would have been a fool not to have known what was going on." Expressing an In tention to vote with the Insurgents on this proposition ha said to his demo cratic colleagues'. "I dont Ilk $ leave you fellows and go with thai rrowd over there, but I'm afraid I'lJ have to dd rt." AS "HK! HVCK" M-.VM IT. , WASHINGTON, May 99. Senator LfLFolWta has brought up the lar mer case aMatn, . Lorlmer t ached uled for a falU Il cannot withstand the assault longer. New evidence has risen to down him. But there are eomo who believe that lir'ollette Is not half so much Interested In purify ing the senate as he Is In defeating the Canadian reciprocity bill, which Is not popular in th northwest. If he fan keep the senate busy on Lorl mer all summer he may prevent a vote on the proposed treaty. l-nflmer is a strange fretk. He j looks like a SHnctided man. He drinks not. gambles not. nor does he dip snuff or chew tobacco, but he is charged with being a real devil In harness at election time. . He was GOV. GILCHRIST VETOES ANGLE ANTKEASE OILL Declares That Proper Pro vision Has 'Not Been Made for Convicts. TALLAHASSEE. Fla.. May 24. re'Iarlrig that proper provision had not been mads for caring for the state convicts In the event of the sbol Ishment of the present lease system, and that he believes humsnitarlanlsm will be better conserved by continu ing the preeent syHinm until there Is better provision for their care, Gover nor Gilchrist today vetoed the Angle Mml-lease convict bill. The governor ha not yet sent his veto message to the legislature, but Is preparing It and It will probably be submitted tomor rw. KeverBl days ago the governor point out Hint the measure which was then under consld-nitlon would I'Bve tt moru unsatisfactory condition than obtains now as no provision In . made for the housing, feeding and caring for I he prisoners when they ar taken from Hie stockade, i,r the , present leases, and sent to work on the state roads The Annie bill pro vides that th state convicts shall l.e worknd on "the state highways." Governor Ull hrisl poltrts out as there are no stale highway, thut the h l.euns I'vorpus writ can be resorted t In- prisoners to secure their liberty, entailing expensive and useless liti gation. : SOUTHESUROEONS j MEET IN CHARLOTTE ! CMAHLOTTK. .V. C. May it. The I sixteenth annual gathering of the surgenns who wield the scalpel for tho Southern Hallway representing a doxen Mt--s, Aas called to orderat noon in !ti. assembly hall of the Bel-, wyn hotel. The feature of the (lav was the annnnl address of Preildcnt W, C. ! Day. of Danville, Vs. in which ha re- I viewed the history of the organfza- j Halycon hospital st South Boston, tlon. The rtele-st were welcomed to was erlouly burned thl sfternoon the city by Mayor Blnnd and Dr. John hy tbe explosion of gasoline which she H, Irwin, jind Dr Thomas E, An-i was using In a sterilizer. Two persons derson, of Htat-svllle, responded. The 'were painfully burned In an effort to assoc iation will he In session three; rescue her and she may recover, Th day nnd many social events have' fire, which did net Injur the hoepl been planned for the entertainment tal, caused terror among th patients, of th visitor. um of whom ltt thlr cot. - JEFFERSON born in England,, cam hsra a poor boy, sold paper In Chicago, was con ductor on a street car when ha en tered politics. Regardless of the fact that one of the greatest political rings that ever existed (ought him from the time he organised, his first repub lics n club he climbed the ladder of (me. ;The Chicago Tribune, on of the greatest papers of i act, ha nver failed to abut him, , : II charged pn the floor of the tenat that the'Tribune wag stealing from the school fund of Chicago something like ITf.oo a year by a contract for a M on "which t plant, stands, Thai Mjalroa, t one of the rsasona for the lerrjne fight oh him. ; i. ; ,4t Lorlmer ought to chew tobacco or ao something else squally st bad to make him right. Ths "blond boss" should not spend all hit time with his family and In the political arena, He Is liked 'personally. His large head, covered, fwith thick, shaggy, coffee Colored Hair, is the niost striking part bout him. Dreamy eyes, heavy faea nd lasy amble are personal assets, I hs goes down in th senate Chi cago will send him back to congress perhaps to the house, where' he served for yea,rs. Instead of the senate. His Chicago constituents like him, ,H would be quite a task here to pick the gosts from the sheep. HIGHER CRITIC OF DIE NOT WANTEOIN ATLANTA Though President of Word's Baptist Alliance, Motion Was Opposed. ATLANTA, na., May 29. Because Dr.. John Clifford, of London, pres ident of the'world's Baptist Alliance Is a higher critic of the ruble and once referred to the miracles of the Old Testament as u collection of sto ries not fit to be taught to children, s motion was made today at the week ly meeting of the Baptist ministers to Invite him to Atlanta, met with such opposition that It was withdrawn. Or John E. White, one of the lead ing clergymen of the cltv, declared that In falling to extend this Invita tion the conference had turned Itself Into an ecclesiastic conclave and had j P"r I,r- t'Hfford on trial. He added that the effect would be unfortunate. Dr Clifford Is one of the best known preachers In England Is now visiting In the I'nlled tSates, The alliance In i ludes all the Kaptists In the w orld. Gladstone once spoke of Ir. Clifford In parliament as "the man who holds Hie conscience of the non-conformists In England." t MARTIN' W ILL !U N AfiAIN j RICHMOND. Va., Mjy 29-rnlted Btates Senator Martin, leader of the minority of the upper house of con gress, today filed formal notice of his ; csndldscy for the democratic nomlmi. tlon to succeed himself and deposited the requisite check for 1.1,000 to aid In paying the cost of the primary. The i term for which he seeks renominatlon i 1" c m' H'VP-1 nonenf In tha rues t nnmrmmmma n u-m : A. Jones, deposited his 13,000 some days ago. Bl'RNFIJ BY OAS EXPIjOSIOX LTNCMBURO, Va. Way 2J.Mls Doris Wlmmer, superftendent of the SENTENCE MPOSED FOR ILLEGAL USE OF Presidentof Wlreloss Company and Four Associates Must Serve Long Terms CAME NEAR BEING FIGHT IN COURT District Attorney Pointed Out where Bogus Stock Brought Enormous Profits NEW YORK. May lChrlstophr Columbus Wilson- president of tha United States Wireless Telstra pn company, and his four associates wart convicted In the criminal branch ot the United States Circuit court lata today on fradulent use of ths malls to solicit subscriptions to wireless stock, Judgs Martin Immediately lm posea sentence as ioiiows - : President Wilson, three ysars m tha federal prison at Atlanta; Geo M. Parker and K, B. Butler, two yeart each In tha Mm penitentiary) W. Ac Dlbbol " and W. W. Tompkins, oas year each In soma Naw York peniten tiary. i ' ' Following a sensations! charge by District Attorney Wis thst one of tha Juror had been approached Bun day night In the Interest of tha do. fendants with the offer of a bribe, ''even If It run Into five figures' and hi characterisation of ths convicted men as 'desperate prisoners ' who would flea tho jurisdiction of the court if admitted to ball,'' Judg Mar tin committed the five men to th Tomb under a ten day' stay to al low an appeal to tha Circuit court of Appeal l( they desire. ' Mr. Wise' sensational chart ( attempted bribery earn when a law yer for the defendant, pooh poohed tha Idea that th prisoner would dun ayay. . .,s,4:,;f;;,'.:,ii-v., -f Mr. Wise reddened h approach d th bench and esolalmsd ''I know, your honor, that money was offered to pull m off.- I know that one Juror was offered any amouttt of money up to fiv flgures jf he would hang th Jury. 1 1 -know there , was certain lawyer Interested in having money put In my, hand to wtthSraw from th prosecution of a certain defendant.' As If actuated by a common lm pulse,1 thfl ten lawyers advanced to ward Mr. Wis who stood with hi flat clenched and aye flsihlng. -The whole court room Jumped up expect ing to an encounter, i Instead, on or th attorney cslmly demanded of Mr. Wis th asm of th liwysr, . J:-i""s - j!.,: ?-!: "I will nam him at the right tlm and place," shouted Mr. Wle, ' In summing op District Attorney Wise" declared that It had bfn shown "Wilson netted 1900,000 from th sal of 7, 000 shares 6f stock, but in alt 11.600,000 went Into hi own pocket" Subtracting lo th profit which hi associate were accused of pock eting, only 1709,009 out of th . 000,000 receipt of th United tt Wireless ootnpsny, in thr year went Injo th treasury of th com- Each of th defendant w con victed on four count, three In sch cas charting misuse of th mail nd th fourth, conspiracy. Th max imum sentence might have been sit', nd a half year in prison and fine , 198 AAA SUPREME COURT DECIDES MOOTED LECIL OUESTi OE ONE HUNOBEO YEARS Requiring Books at Trial Doesn't Mean Before Trial. . V INVOLVED $2,340. WASHINGTON. May :.A cen tury')! mooted legal question was passed upon today by the supreme court of the t'nited Btates, when It decided that the federal statute re quiring the production of, book for examination "in a trial" meant pro duction "on" or '"at" trial and not before trial. -. The case in point was a suit of David J. Winn, a cotton yarn manu facturer st Sumter. B. CC.,' to r cover from Carpenter, , Baggott Company, cotton broker of New Tork for damage for selling out without consent citracts for , purchase of cotton In I9. , " The courts' direction to the firm tn h Lit th ; bk. beforTrial and . . to permit Winn to Investlgat. copy and make sbstracts of them Waa not compiled with on the ground that tha. court had no authority to make ich' n order., A Judgmant of t3.H0 th de fault wa entered against th firm. iioms or sraviCE tPHEi,r. WASHINGTON. May I. Th "hour of service law for railroad em ploye," passed by congress in loj, wa upheld today as constitutional by the Supreme court of tli. . I'nite.l States. - This decision was snnouncrd by Justice Hughes In the t--t ault Instituted by the ltlmor & Oh!f Hallway company. UNCLE SAM'S MAIL