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