ME ASSESS
MM citizen: L
r
THF..WEATHEB:
SHOWERS
CITIZEN WANT ADS
BEING RESULTS i
A8HEVILLE, N. 0., TUESDAY MORNING, AUGUST 8, 1911
VOL. XXVII., NO. 290
PRICE FIVE CENTS
IK
itiuu. onii
WAS NOT DESERTED
VERDICT OF JUDGE
TUITMDC
PAMQlLU
I lift I i
IIU1LII
former Atlanta Society CIr
Loses Fight for Separation
From Husband
NO SUGGESTION OF
. CHANGE OF HEART
Impossible for Judge to Agree
With Her Contention of
Acquiescence .
NEW YORK, Aug. 7. Eaith Rus
ell Gambler, the former Atlanta so
ciety girl, loses her light for' a sep-1
aratlon and the writ she prayed tor
Roes Inrtead to Edward V. Gambler,
mr husband, a New York bank cash
lot, according . to a decision handed
down In her action by the Supreme
court this afternoon. Gambler's suit
for annullment of the marriage Is
on the fall calendar for jury trial.
"Wan Not Deserted."
Justice Pendleton, who wrote the
decision, finds that Mrs. Gambler was
not deserted by her husband, within
the meaning of the law, because (be
desertion was justifiable. 'Mrs. Gam
bier's effort at reconciliation the oourt
finds could not be accepted In good
faith.
If at the time she Is said to have
sought a reconciliation she was con
ducting herself with another man in
the manner testified to by some wit
nesses, the court held that her efforts
could only be received as Intended
for the purpose of litigation.
"It would be impossible to recon
cile such conditions with a relief
that she entertained a feeling of. love
for her husband or was willing to
live with him." the decision reads.
It was testified at the trial, which
had several sensational features, that
Mrs. Gambler was often seen In the
company of "an unknown man,"
The court says, "This was scarcely
In accord with the customary prop
riety for married woman."
On the other hand, the decision
states Gambler "loved the plaintiff,
married her with every Intention of
do Lag his duty by her, and treated
. her with ' a-reat consideration..- kind.!
neas" and attention.
: VZt 1 possible If he had treated
her with less consideration and had
been more selfish It would have been
better for her and both of them,"
the. decision continued, "as to the
fCvmttnoed on page seven)
CITIZEN'S BIG S5.B40 COT-TEST WILL
GET FAIRLY STABTED THIS WEEK
Still Plrnty of Room for Hustlers Enter Your Today
or Help Some Contestant
Win
Old you read the list published
Sunday of the candidates who have
entered the Citizen's 5.40 Prise Sub
scription Contest? It shews the in
tense interest which the collection of
prises offered has made on those liv
ing in Asosvllle and surrounding ter
ritory. When you think of the prise
list does not a spark of real anthu
.alaem kindle within youT Do you not
feel as you oonslder one after another
that the only trouble is to make, up
your mind which of all the prizes
offered would please you bent?
Naturally you would prefer to win
(he $1170 Chalmers touring oar. and
while it is well to enter the campaign
with Che certainty that your chance
of doing it is just as good as any
one's you should not for a minute
think of It ax the only one worth
while In the contest With 21 awards
see how many chances you have of be
lng richly rewarded even should you
fail of first place.
' Opportunity Great
Many enter a contest, but few stick
to it with sufficient seal to amount
to anything. Watch the gains mado
from time to time by the different
candidates. 'Just at first many will
show an advancement but little by
little this contestants will be weeded
ut until you can easily count the
Dumber of active candidates those
with whom you will have to reckon In
your efforts to secure onf of the most
valuable prises.
Ton may just as well make your
preparations to win at once. An
early start will give you the advan
tage of a day, two days,' a week,
as the case may be. At the close of
the contest you are going to and
every minutes valuable. While there
are plenty of minutes to use it Is
well for you to begin work. Ton will
know that you have accomplished
all that was possible and will not ov
erlook some subr'esitial support in
your' hurry at tfie t jit
Harvest Days Now
It is confidently expected that the
next two weeks will witness an un
usual activity among candidates'. The
wise ones will take the utmost ad
Vantage of this high rate of votes
which prevails until August 13. (
' After this date the rate of votes will
diminish antll the close of the con
test Go and see all of yoar friends
and ten them hew much mors their
.';':' f iyt ,.'. - - -'
PRESIDENT WANTS
PEOPLE TO AID IN
PASSING TREATIES
Travels 400 Miles on Special Train
to Appeal for
Influencing the
Arbitration
MOUNTAIN LAKE PARK. Md..
Aug. 7. President Tan iraveiea vv
miles through Maryland ana wesi
Virginia today by specall train to ap
peal to the people of the United State
to use their moral Influence to have
the senate ratify the British and
French treaties and the treaties with
Nicaragua and Honduras. .His ap
peal was made direct to the Mountain
Lake Park Chautauqua of the Meth
odist Episcopal church, but In It the
president Included the rest of the na
tion as well:
"I observe," said the president
that there Is some suggestion that
by ratifying this treaty the senate
may In some way abdicate Its func
tion of treaty making. I canfess my
self unable to peroelve the substance
In such a point. To have these
treaties not ratified, by the senate of
the United tates or to have any hesi
tation and discussion of a serious
character in respect to them, would
halt the movement toward general
peace which has made substantial ad
vances in the last tan years.
Appeal to Moral Sense
To secure the ratification of the
treaties therefor, appeal must be mad
to the moral sense of the nation, and
while that is not entirely In the
keeping ' of the churches, certainly
they may exert a powerful influence
In the promotion of any effective In
strumentality to secure permanent
peace." I
Leaving the arbitration behind the
president asked for the same sort of
popular support of the treaties with
Honduras and Nicaragua.
There Is no Issue before the sen
ate so acute in respect to the cause
of peace as the confirmation of
these Central American treaties," said
the president. "While I . admit the
greater Importune ct the treaties of
arbitration In the long ran and as af
fecting the world at large, yet In re
spect of American Interests, In respect
of peaee In this hemisphere, they
are not equal in importance to the
eonflrmatlon of these Central' Amsr-
loan treaties
In making his' plea for the Cen
tral American conventions, the presi
dent highly praised former President
Roosevelt. He spoke of the tendency
of the United States to extent the
helping hand to less powerful ' peo
ple and Instance Mr. Roosevelt's Inter
vention In Cuba. That tendency
subscriptions count at this time and
see that you get it
v Easy to Gt Help Now
During this period It will be par
ticularly easy for you to gain. They
cannot easily put you off with the
unsatisfactory promise to "help later
on." They must give to you now,
while the subscription will win you
so many votes. Few will be Inollned
to delay when you say to them. "My
dear frien, I want your subscription,
and I want it now, for later on, with
the best will in the world, you can
not do as much for me as you can
during htis special "Big Vote Offer."
Contestants Sboold be Wide Awake
This offer will arouse every candl
date to vlgirous effort Up to this time
they knew the contest wae young. Just
going through the preliminary stages
neceenary to plaee It firmly on its
reet. New it Is strong, and all ready
to . run. u you want to keep up
with it you must quicken your pace,
too. No one, af yet has any consider
able start .but soon yoar rivals will
get busy and you cannot afford to be
Inactive. Start fair now, and then
see to It that no one gains any ad
vantage over you.
How to Enter.
Bend In your nomination. Tou will
Ond the nomination blank on another
page, whloh oounts fer 1,000 votes.
Only the first nomination blank can
be used by candidates.
Ton get votes and subscriptions
anywhere from either district
Votes will be given on all paid sub
scriptions. Call or send to the Contest Depart
ment of The Cltisen for - a- receipt
book. The contest manager will be
glad to explain anything you do not
understand. Telephone or write ' to
him. If you cannot call, and a repre
sentative will give you full details,
- Don' target that children can do
most effective work In collocllng cou
pons as well as securing many pald-In-advance
subscriptions.
Should your father, mother, broth
ers, slaters or friend' belong to anv
organisation, get them to secure the
votes and assistance of that organisation..,-.'
'
Do ot let a day pass without se
en ring some subscriptions and vote.
The steady, persistant worker la what
will make the winner ef a valuable
Coa timed on peejliree)
Moral Support in
Senate to Ratify
was evidenoed. also, he said, "by the
wonderfully successful intervention
by Theodore Roosevelt as president
of the .United States In securing peace
between Russia and Japan."
Thousands Hear Address
The- president left Washington at
t o'clock-with a ear load of Balti
more and Ohio officials along to help
run. the. special, . Ha. spent Just an
hour In Mountain Lake Park, leav
ing. for Washington at 1 o'olock. His
address was made to several thous
and people. The president said In
part: '
"I have been suprlsed to note with
what favor the plain people of every
nation welcome the proposal of unl
ersal arbitration sot. heoause their
real interest In the practical adop
tion of the plan Is not greater than
all other classes In the community,
but because It la a somewhat abstruso
eausej in the suceeas of which they
might not be expected to take an lm
mediate Interest Of course In a war
it Is the common people that hare to
bear the most of the suffering. They
have to pay most of the: taxes, they
have to do most of the fighting, and
they secure the least benefit and the
least glory."
Treaties Defined
The treaties the president proceed
ed to say provided that every ques
tion of a Justifiable nature should
be submitted to a tribunal of arbitra
tion and that they define what Justi
fiable means.
"It Is any issue between the na
tions that can be properly settled up
on the principles of law and equity,
as those are understood In law and
In International law," he said. 'There
are, of course, questions of policy
with respect to which -each nation
must exercise its own discretion, and
in doing so la entirely within Its legal
and equitable right and .however its
action may affect the ether nation, it
Is not the proper subject of contro
versy. The machinery provided will
practically dispose of every question
so far as It is a war-lnduoing Issue.
rri &mtT 7nr ! & imot a
treaty not nely to avoid war, but even
to avoid arbitration for It Is only
In the last instance, after the com
mission shall have failed in a year's
time to suggest a satisfactory solu
tion that even arbitration is to be re-
(Continued on Page Three)
HOWL TOCO CONVEYS
PROFOUND GRATITUDE TO
PEOPLE OFjillS NATfON
Says He Will be Glad to
Take Home Happy Re
membraces of Visit
SPOKE IN JAPANESE
WASHINGTON, Aug .7. A brief
speech, the first he has made since
his stay In this country, wae made
by Admiral Count Togo before the
National Press club of Washington
tonight The admiral spoke In Jap
anese, his remarks being interpreted
by Lieut Commander Taniguchl, his
naval sd. He said:
"Since my arrival In this country,'
the president of this great republic
has received me with the greatest
honor and hospitality, your govern
ment has extended to me Innumer
able courtesies, and your felow cltl-
sens have given me the most hesrty
welcome. All these, I dare say. are
more than I am entitled to. and 1
take them as meant toward my au
gust sovereign and for hjs subjects
noimng pieases me more than to
take home the most happy remem
brances of my visit to the United
Btates.
"Gentlemen, may I ask to take this
opportunity to convey to your com
trymen, on behalf of myself, my feel
ing or profound gratitude and high
appreciation of my welcome."
AT 3TA VAX ACADEMY.
ANNAPOLIS. Md., Aug. T. -Admiral
Count Togo today Inspected the
grounds and buildings of the Unit
ed States naval academy here. His
visit was in ths nature of a mara
thon tour for his program made' pos
sible only a hasty walk - and the
most casual observation. In three
hours, however, he saw the entire
group of buildings and declared the
place where future naval officers of
the United States are trained to be
a most complete and comprehensive
Institution. The party lunched . at
the house of Superintendent John H.
Gibbons. The latter ottered a toast
to the emperor of Japan and Ad
miral Togo responded, with one to
the president of the United States.
In broken English, but Intelligibly,
the admiral toasted the Japanese
graduates of the United Bute naval
academy, wh art j now serving tn
the Japanese fleet and who the ad
miral hoped "would strengthen the
link of friendship teteueu the Vites)ismlly fair, moderate east -winds,
ea bokos subs, japan.'' . , - i . 1
It's
UNDERWOOD
NOT BE ABLE TO REACH AN AGREEMENT
And It's Possible Adjournment Wi Come Without Fret
toeing Settled Tie-vp Due to Uncompromising Attitude of Senator
,j taPolUtte 'Underwood Canvassing House
WASHINGTON,! Aug. 7. Senator
LaFollette and Chairman Unylerwood,
of the house ways and means commit
tee, who have undertaken to reconcile
the difference; between the senate
and the bouse on the wool and the
farmer's free list bills for the full con
ference committee ere In a deadlock
with the possibility of remaining so
and thut forcing ;an adjournment of
the session without final action on
either of those measures.
The tte-up to due to the uncompro
mising position of Mr. LaVoilette In
opposition te the house bill. Be' has
told Mr, Underwood that a reduction
ot rates belowlthose fined hy the bill
aa it passed tnk f ""fte Is an impossi
bility, and Jit resposse Mr. Underwood,
who had great difficulty in getting an
agreement by the house to the rates
fixed In his bill, has said that the
hpuse sever will consent to accept the
senate figures. Mr. LeFolIette's con
tention fa that the senate rates consti
tute a reduction of about three-fourts
of the difference between the rates
of the Payne-Aldrlch law and those of
the house bill: that It Is Impossible to
go lower and hold anything like all
the progressive republicans and that
It la better for the democrats to take
a halt loaf than get nothing In the
way of tariff.
Mr. Underwood did not accept the
senate figures, but Is quietly canvass
ing the house to ascertain what In
crease over the house rates may be
possible. He has told some of his
friends that the house might be per
suaded to meet the senate half way
GREAT AGRICULTUBAL
POSSIBILITIES IN N. C.
Chicago Weather Forecaster
. Gathering Data Regard
ing This Section
CHICAGO. Auk. T Prof. J. Cox,
weather forecaster hers, returned to
day from a eurvoy of the. North
Carolina fruit blt. He brought word
of a new scheme promulgated by the
weather bureau to help ettl the
North Carolina mountain slopes. The
plan Includes telling prospective set
tlers how they can make a living
there and supplying iham 'With a
sstem of we&thftr forecasts.
The main purpose of the survey
mads.. by .p.rofeeor Cox, vrho was
assisted by W. M. HuttT state hdrtl
culturlst, was to designate site 1
for the location of weather forcaat-1
lng stations to warn fruit growers
of the mountainous section of the
periodic frosts which occur In those
regions.
There are wonderful agricultural
possibilities In North Carolina, said
Prof. Cox. In many sections In
which conditions era almost Ideal
for fruit raising, there has been lit
tle or no development."
Professor Cox said the lasy type
of the Carolina monntalners are be
ing replaced by energetic fruit grow
ers. .
1GH0WER&
"WASHTNGTOX, Aug. TPorecasti
Kbrth Oarolina,' unsettled' Tuesday,
prebabir local showers, Wedneedav
peooxausg variants.
18
Going to be a Winner
AND UFOLLETTE MAY
but the. progressive leader merely
smiled in response to suggestions of
this character. He told Mr. Underwood
that the differences was with hit
party friends rather than with him
self, and they sustained him In the
statement ' '.'". -t- '
The difficulties pertain entirely to
the wool bill. An agreement on the
free list could be had any time.
The deadlock has given rls to all
kinds of suggestions and surmises.
Accepting the tangle as Inextricable,
some senators and representatives
have suggested a movement for final
adjournment at the session regard
less ot the conference and; the senate
t being, sounded o that reposition.
Most t the regular republicans are
willing to agree to this, as are earns
of the democrats- Included in (ha lat
ter list are those southern senators
who would like to see the further eon.
slderatlon of the cotton bill postponed
until next session. They would wel
come any eixgency that would carry
cotton over. ' .
The cotton bill Is unquestionably
playing a part In the conference. Ths
Insurgent republicans and some of
the democrats who strongly favor cot
ton legislation appreciate the, Impos
sibility of holding a quorum of con
gress In Washington after final aotlon
on the wool bllL They take the post
Oon that the only safeguard, for the
cotton hill Is to keep wool back until
after the cotton bill Is reported and
a day fixed for a vote. The power to
so hold the cotton measure rests with
the conferees but they do not admit
AMERICAN BANKERS WILL
HANDLE EMMA LOIN
Millions of American Capi
tal Invested in Onatamala
in Last Two Years
NEW OTtT.J!!AN8, Aug. 7. The
proposed loan of f DO, 000,000 which
the Guatemalan government has had
undar consideration for more than
a year Is to be placed with Ameri
can bankers probably within the
next few months. This positive an
nouncement was made by Sanor
Mendes, the newly appointed Guate
malan minister to the United Btates
who arrived here today en route to
Washington. Th Associated Press
authorized to say tnat Guatemala
will place this loan with bankers In
the United fttates, said Be nor Men
del. "It Is a great pleasure to an
nounce that the loan will be placed
In this country. I am quite sure
the negotiations will be consumated
within the next four or five months.
Henor Mendes declared that mil
lions of American capital have been
Invested In Guatemala within the
past two years, new railroads are
being constructed, and through an
American syndicate the vast mineral
resources of the country are assnred
of early development.
rKRTINKNT FACTS BnOCOUT OCT
WASHINGTON, Aug. 7. A second
sharp letter from Solicitor McCabe
to Chief Chemlut Wiley, both of the
department- of agriculture, for failure
to make wholesale prooeoutlon of
"cure all" patent inedMnes and other
acts tending to show McCabe's grow
ing control of the whole admlnlstrft'
t)on of the pure food law were
brought out at today's h oaring of Mc
Cabe befprs ths house investigating
oommtttee, It was contended by
counsel that while UcOa.be was so
berating VUoy, MoCobe himself knew
he had pew or . te invoke . ths taw
i ll-Hnst ttgsa 'djug-lPtereirta, ru.t.
Liat and Wool Tariff Bills
that they are acting from this niotlve.
Senator Larollstte told some of his
senatorial associates on ths conference
committee today that the outlook for
agreement was somewhat brighter. He
said also that while the full confer
ence' committee might be called te
gether any day, a week might elapse
before a meeting would, be desired by
the sub committee, Mr. Underwood to
night said he "believed free Ust bill
would be sent to the presldsnt"
. 'r ' " ." , ' ll'l l . .'
VOT OF CTRNBtTOG lUGJKCTKI)
' LONDON,' Aug. 7. A vole of cen
sure of the government ; for having
obtained "Yrem ihe JUg a pledge te
create, If necessary, sufficient peers
to pass the vetxj bill, was rejected
by , the house of coraons tonight by
a majority of lit. The motion was
Introduced by Arthur J. Balfour,
leader of ths opposition and. Its de
feat is regarded as having failed, to
Improve the Unionists' cause.
The opposition charge against the
government was that Premier. Asq with
had , taken advantage of ths king's
Inexperience to bring about an abuse
ef ths royal prerogative by securing
the guarantees before the last gen'
sral election. Mr. Asqulth easily dis
posed of this charge by showing that
the ministers hsd pursued an entire
ly proper constitutional course. The
result was that after the premier's
speech the debate on the Unionists'
side collapsed.
MONSTER ENGINE TURNS
OVER, ENCINEER KILLED
0., 0. & 0. Engine Refused
to Take Curve and Boiled
Down Embankment
CHARLOTTE, N. CL, Aug. T. A
monster two-hundred ton engine on
the Carolina. Cltnchileld eV Onto rail
road refused to take a oarve near
I'eiiland, . N. C, early this morning
and before the engineer could work
ths reverse throttle the engine had
turned over and down an embank
ment Into the river. Engineer John
McCarthy, formerly of Lynchburg,
V., was pinned underneath and
dlod Instantly. Fireman A4le who
was hurled Into the stream and
managed to get out, sustained a brok
en rib. sprained' foot And painful
bruises.
The big locomotive was pulling
eight freight csrs, whioh, however,
remained on the track. I
Nominate a Candidate
Nomination Blank Go od for 1,000 Votes,
The sAsheville Citizen 85,640
Subscription Contest
Candidate . . , . ; . . . !";;
Address
. .
Telephone No. w .,::
V t'
Only One Nomination Blank for Each Candidate
Will Count at 1,000 Totes.
Out out and bring or tend to The Cltf
iPROPERCOlllCT
IS CHARGED AGMNST
inniT nr nnni nn
HbLlll Ur DIMM
Text Book Commission Issues
Statement Making Some ,
Rather Grave Charges .V
ni ear
LARGE PUBLISHING
HOUSES INVOLVED
Agent Claimed He Could Bring
Influences Toward Having
Books Adopted ' - '
RALEIGH, K. C. Aug.1 T.-T!'
state text book ommlsalon and sub
ommlsslon completed t at mldntg'it
their Investigation of the sensational
charges that hare been' clrculattrg
hereabouts the ' past - few days In
volving alleged Improper conduct
the part of certain book men - and
others as to ths impending text bu 4
adoption and Issued the fot'ow:j
statement that covers the situation!
OomsalsslBBwrs' Findings .
From the testimony taksn. the
Joint oemmlssion, by unanimous vot,
nna tne following facts: ' .
I, That during the - last days ' '
June, on W. c. Warfleld, at agent
01 the world Book oompany, a...
proachsd W. 0. Qoooh, agent of (Its
McMillan oompany, and represents!
to him that he, Warfleld. held the key
to the situation In North Carolln.t,
that h had a friend In the depar.
ment of the supertntedent of pubTa
Instruction, to wit. Mr. A. J. Barwlo: ,
and through hta friend bs eouid brtr 1
sueh Influence to bear on ths sul -commission
as would Insure ths ador-
lion of certain books, published t
the McMillan company, that ths wor t ,
nd Influence of himself and friend
would ba well worth ll.too.00 snl
that he would undertake to secure thi
adoption of ths books named for thi-t
amount, and If ha did hot succeed, b i
would make no charge. ,
I. That about the tame time, thi
said Warfleld made a simitar propo
sition t Mr. F. K. Perry, epre t.
lng Rand, MNally jnd Co.,' thouch t.
had told oooch that no such fr
sltton wad being made to any one
that both Oooch and Perry decli.
to shtsr Into the arrangement a 0.1
Perry caused . the . matter to bo re
ported to the ohalrmaa of ths com.
mission. . .'
, WouMat name 'Friend' '
3. On his evamlnaUon as a wit-
ness, Mr. Warfleld '-stated that Mr.
Berwick was not the friend whets In-
(Oonti rawed on Psge Keren)
ATTOHriEYS AT L0RIL!EH .
HEK ALfJOST ClfJE .
TO BLD175 YESTEKDAY
Healy Accused Hanecy of
Trying to Confuse Eec. .
ord and Its Readers
BECKTMEYEB UP:
WASIONOTON, Aug. Ti-What
promised for a few moments to be a .
personal encounter between Attorney.
uinupri neueor, representing BOB j
ator trimer and 'Attorney John J.
Healy, of counsel for the senate Lo ri
mer committee marked tbs oloss to-'
day of a long cross examination of H.
J. C Beckemyer, former state repre- ,
seatattve, who claims ho rsoeivsd tl, :
ooe arter voting tor Liorimer tor sen
ator. The clash between counsel oo
curred when Mr. Healy accused Mr,
Hanecy with having "ths very pnr-',
pose of aonfuslng the record and those 1
who will read If Hs was speaking of .
Mr. Hanecy's questions regarding tes
timony Beokemyer ave Saturday eoa
earning hie statement two years ago
to officials tn Cook county tbat he
knew nothing of Interest to the grand
jury relating to corruption In ths leg-
Islature. . , 4
"If the gentleman means what be)
( Oon tl nurd on Page Seven)
... . . ,