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) ... . . ,

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