, v THE . ASHE VgLL H THE WEATHER T FAIR v Circulation AftlYQ Daily Over vUUfO ASHEVILLE, N. TUESD AY MOUSING, OCTOBER 31, 1911 vol', xxvni., NO. 9 PRICE FIVE CENTS 1111 -- I- I .1 -1 .1 s r CITIZEN. I IH I LI. I I E i. THRONE PROMISES TO NAME Demand of National Assembly For Constitutional Govern ment Acceded to CHINA VIRTUALLY BECOMES REPUBLIC imperial Edict Has Been Wide 'y Discussed and Already Had Good Effect PKKING, Oct. 80. The demand of she national assembly for a complete constitutional government has baen a ri " 'i to !y tho throne. An im-1 ttrla! edict was Issued today, apolo-j ... .... tj.c fust neglect of the; ii . nm: .iml grunting ;m Immediate1 constitution with h raMn't f rom ( Vlilch nobles shall be excluded. A second eel id grams iiaruoii 10 poll-1 tical offenders connected with the! revolution of 1S98 and subsequent re-! volutions and to those compelled to'i Join In t'he present rebellion. i Imperial Edict j The Imperial edict, which is from ttt hand of the emperor, Hsuan Tung says; , "I have reigned three years and have always acted conscientiously in the interests of the people. But I have no.t employed men properly, as I was without political skill. I have employed too many nobles In political positions, which contravenes consti tutionalism. "On railway matters one whom I ! trusted deceived me. Hence public; opinion was antagonized. When 1 urge reform, officials and the gentry, seize the opportunity to embezzle.' Much of the people's money has been taken, but nothing to benefit the peo ple has been achieved. "On several occasions edicts ihave promulgated laws, but none of them has, been obeyed. The people are grumbling, yet I do not know. Dis asters loom ahead, but I do not see." After referring to uprisings In va rious places, the edict concludes: "My throne promises to elect a cabinet without nobles forthwith. The Manehu rmrvrnPeV Sbl Hetl, presto dent of the assembly Is permitted to resign. The Chinese, Li Chla Chu, succeeding him. The Manchu Kiu Chuan, minister of constabulary, has been removed." , Lines Tightening The lines around Peking ar tight ening. While there Is no great panic among the higher classes and t!he for eigners, there has ben a precetl ble tensioning everywhere. The le gation quarter is preparing for emer gencies, and in some cases temporary fortifications' have been erected of bags of sand. Strong detachments of troops guard the palnce and the rntos cf the city, but while the throne has made haste to comply with the demands of the twenty thousand sol diers of the third and twentieth di visions and the second mixed brigade composing the second Imperial army for the Tangtse campaign, which were presented by ihe national assern- (Continued on Pajre Three) IT HIS HELPED TO "put omr ELECTIONS RETOLDTOJIMITTEE Number of Interesting De tails Added by a State Senator SHIELDS' HOT REPLY MILWAUKEE, Wis.. Oct. 80. The story that Edward Hines, the lumber man, and Robert J. Shields assisted in the election of Senator iBaac Ste phenson, as given in the testimony of Lieutenant Governor Thomas Mor ris, was retold today before trie sen atorial Investigating coiimlttee, with added details. Btate Senator Paul O. Hustlng, who was with Morris in an attorney's office In Chicago, testified that at that time ha overheard Wirt H. Cook, of Duluth, gKlng details abofit alleg ed relations between Hlnes and Shields. ; "Cook said h obtained information i about a dispute which Shields had with Hlnes over the amount of mo ney that ought to be paid for Shield's work in buying the legisla ture." testified Hustlng. "The under standing," Cook said, "was that Hlnes had gone to Washington and told Stephenson that money will be need ed to put over the election. Shields was employed to do the 'putting ov er,' " "Then, when the work was dona. Shields demanded .his pay for It. Hlnes said he'd send Shields to tha tnltentlary If the latter Insisted on demanding 15,000. "Then Shields replied to Hlnes. 'I've burned your buldlhgs for you. bribed yonr assesors and committed evry crime In the calendar for you, and you bat if I go to the pautteji-i Uar- you will go too.' " CABINET without NOBLES MRS. M'REE STICKS TO HER STORY Prosecution Tries Her Testimony Character Wit nesses Testify as to Woman s good Reputation For Veracity. OPELOL'SAS, La.. Oct. 30. Mr, j home. To these men the witness ro Zee Run'je Mcteo, charged with the plied that her husband wan In town, murder of young Allan Garland, in j A lew minutes, accprdtnj to Mrs. nor home, September 21 last, gat for : McRee, ahe was feeated at the sewing alx hours today In the wltneaa chair, telling a dramatic story of the inci dent leading up to the tragedy and reiterating her statement that she kllled Garland to protect her honor and because she feared he would do her bodily injury. Several times during the course of her testimony the witness manifested signs of excitement, speaking dis tinctly but at intervals so rapidly that It was Impossible for the court stenographer to take down her state ments. Throughout the day the court room was crowded with spectators, many of whom stood on chairs, in moments of intense interest, in their efforts to see the defendant on the witness stand. Mrs. McRee denied absolutely the existence of any undue friendship be tween herself ana Garland but ad mitted that she and the deceased were often together, adding that her children always were with them. Most of her testimony was complete, but details of certain Incidents at the timo of the killing apparently were obscure In her mind because of the excitement of the moment. After questioning the witness con cerning facts previous to the killing, Mr. Dubison, for the prosecution, asked: "Why Did Vou Shoot Him?" "Now, Mrs. McRee, tell me why did you shoot Allan Garland." "I shot- him to defend my honor," replied tho witness. "Did you shoot him because he in sulted you, or because you feared he would do you some bodily harm?" "Because I feared he would do me bodily harm," replied Mrs. McRee. "Did you believe he was going to assault you there in your home at 10 o'clock in the morning with your two children there and two servants in the yard?" f V . "Nd smv I thought ha wn-f olnar'to take ray, gun frem me and I shot -him to defend my honor,'" replied the wit ness. In narrating what took place just previous to the shooting, Mrs. McRee told of Garland coming to her home with the spool of thread and of the arrival at about the same time of two men Who asked If her husband was at TAUT ME MAY BE INTRODUCED 1 CASE OF AGCUSED PASTOR District Attorney Asks for Early Adjournment to Look it Up NATURE NOT KNOWN BOSTON, Oct. 30. The third day's session of the grand Jury investigat ing chartea against the Rev. Clar ence V. T. Richeson, for the alleged murder of Avis LInnell, a former sweetheart, was brought to an early adjournment today by the desire of the district attorney to look up what is believed to be Important new evi dence. The nature pf the new testimony is not known, but Its probable import ance may be Judged from the fact that Assistant District Attorney La vell ahd Police Captain Armstrong were sent by District Attorney Pelle tier to secure It for presentation to morrow. The Identity of the persons to be examined was kept secret. The fact that there was possible new evidence became known to the district attorney's ofTloe only this af ternoon. Richeson's preliminary hearing Is scheduled for tomorrow morning, the date on which he was to have reen married to Miss Violet Ed mends, a wealthy Brookllne heiress. It will be In the municipal court. George H. Baker, a boyhood ac quaintance of Avis Lhinell, who as serts that he saw the minister and Miss LInnell talking together for ten minutes In the South station Friday evening, the day preceding the mur der, wmn ol the witnesses before the grand jury today. Mr. Richeson was visited In Jail to day by his counsel. Philip H. Dun bar, and by Edwiq S. Watson, treas urer of Emmanuel Bapt'st church, Cambrldie. where Mr. Richeson still holds the pastorate. .When he left the Jail. Mr. Watson said:' "My visit to Mr. Richeson had en tirely to do with financial matters in connection with tho church." "Just what do ; ou mean by finan cial matters?" he wss asked. "I cannot go Into that," was the re Ply. The treasurer would not say wheth er his visit had any connection with the possibility of the .resignation of Mr. Richeson aa pastor of tha church. ' f r--l ORIGINAL OF KILLING in Yarn to Shake i machine when Garland aald, "isyour husband going to leave tonight?' "I asked," said the witness, "why i he asked me that and he said, 'if ha la not I want to come over and stay with you.' I replied 'how dare you speak to me like that!' and he an swered, 'because I' believe you are no good,' whereupon I said 'I wtll kill you if you speak like that to me,' and I went to where my pistol was. "He' said, 'you cannot scare me,' and came toward me. Then I shot him." "Now, are you positive that that was why you shot him?" "Yea, sir, and to defend my honor," said Mrs. McRee emphatically. "Why did Allan come to your home and spend three nights?" "Why, I'll tell you." replied Mrs. McRee. "His unci was visiting the Garlands snd Allan had had some trouble with a young lady and he or dered Allan out of the home. Allan i asked me if I wouldn't let him coma to my house and stay for thd next few nights. With Mrs. Garland's permission, Allan stayed until his un cle went home." After questioning Mrs. McRee In re gard to the size of Garland as com pared with her own physique. Attor ney Veasey, for the prosecution, asked: "Now, tell me, couldn't you have picked this boy up by the arms and pushed him out of the house?" "I might have If I had had that much time, Mr. Veasey. Do you think a woman Is golni to get Into a fist fight with a man who has insulted her? 1 don't think so, and 1 don't think the wives of any of these Jur ors would hare done It," declared the accused. Mr. Veasey objected to tha witness "arguing" before the Jury. Judre Hunter asked her when was the last time Garland had spent tha Ight nt the MoReort MrMe Ree replied that it was last Christ mas, when Allan was going . down to the track toward his home In an In toxicated condition. A half dozen character witnesses were called, all testifying that Mrs. McRee bore a good reputation for peace and quiet and for truth and veracity. THRILLING RESCUE DF FDUR-. EAR-DID BOY AT HUE IN WAYNESVILLE Theodore McCracken Dis plays Heroism Worthy of the Carnegie Medal BOY HIDES IN TRUNK WAYNESVILLE.. N. C, Oct. SO. Displaying unusual prescence of mind for a child, Edgar Applegate, ehe four-year-old son of Mr. and Mrs. James E. Applegate, saved himself from death by suffocation by hiding In his mother's trunk when a fire, which tie started by playing with matches, gutted his ihome here early this evening. His mother, who was asleep In an upstairs raom, when the house took fire, was rescued by .neighbors who carried her Into the open air. No One seemed to know that there was anyone els In the house until the mother, regaining consciousness, screamed that her boy was in the burning building and made an effort to rush back Into the flames. Shs was held back, however, and several men attempted to enter the house, but were driven out by the smoke and flames. It was then that Theodore Mc Cracken, a business man of Waynes vllle. displayed heroism for which the citizens of Waynesville say he should be given a Carnegie medal. Pour times he dashed Into the burning house and was driven back. On tiho fifth trip he entered the kitchen through a window and heard the muffled cries of a chlfd which appar ently came from a steel trunk back of the kitchen door. McCracken seised the trunk and rtuhel through the doorway, wftilch was filled wtth flames, to the yard. The lid of the trunk was lifted and, beyond being badly frightened. the boy was found unharmed inside. Mr. Applegate, who Is a printer at the Waynesvilto Enterprise office', was at work when the fire broke out. His home was almost totaly de stroyed. THANKSGIVING PROCLAMATlOJf CHICAGO. Oct. 20. President Taft today Issued his annual Thanksgiving proclamation calling upon eltlzens of the United States to celebrate the thirtieth of November, next, as a day ot thanksgiving and pray' ' -- .... INTERSTATE WILL HAVE CONTROL OF RAILROADS United State Supreme Court missionnfFrom Control Federal Safety Appliance tyied With by all Road"No Dual Control WASHINGTON, O, t 0. -Completa control of all ott)i railroads of tha country by tha inte;stte commerce commission and' yjj-t il elimination ot the state com mission' from such con trol, la foreshadowe.4 Id an opinion handed down today jiiy tha supreme court Of tha United1 States. The court held that hereafter all locomotives, cars or other equipment used on any railroad Which ts Highway f inter state commerce, mufti eotnply -' with the federal safety appliance get, . In Its opinion the; court held thst compliance with fedj ial law Is torn pulsory on all railroads which". ara engaged in tha trafui i-tviion of per- sons of freight fssanj.- Htit other. Elaborating tars, however, It held that' tha ears or equipment of such roads, even If engaged in such transportation 'within the confines of a state, must be considered as part and parcel of the road, and, there fore, completely under the Jurisdic tion of the federal commission. Commission Jubilant Members of the interstate com merce commission, who have been em barrassed on numerous occasions by clashes of authority with state com missions, are Jubilant at the ruling of the supreme court, which was unanimous. Referring to the court's opponent, Commissioner Franklin K. Lane, de clared "It meant, eventually, that there Is to- be no dual control of interstate carriers." The determination of this mooted M1MARA DEFENSE GETS E Two ' Challenges Against Talesmen Rejected, Judge Hakes Accusation LOS ANGELES, Cal Oct. 30. Judge Walter Bordwell accused the defense In the McNamara murder: case today of trying to circumvontj his ruling snd rejected two chal- i lenges against talesmen, these chal lenges having formed the basis of his; accusation. Hie also refused to the defense the' privilege of challenge against a Ju ror who said he would not convict: a prisoner in a capital case on cir cumstantial evidence alone, holding that this challenge was available only to the state. Under tiwse rulings the Jury box contained at the close of court to-, night, three mnn passed for cause by- both sides In addition to the four pre viously qualified. To both of the court's main rulings. Attorney Clarence S. Darrow took ex ception In behalf of his client, James B. McNamara, who im on trial for the murder of Charles J. Haggerty, a victim of the Lo Angeles Times ex plosion, a year ago. WASHINGTON,', Oct. SO Forecast: North Carolina: increasing coludlness Tuesday: rata at"oight or Wednes day: colder Wednesday tn west por tion; light i to moderate east winds, beeomlDg variable - ; : . - r Who's Afraid? COMMERCE COMMISSION v 5 i Decision Practically Eliminates State Railroad Com- . ' . Question was lald'dbWri In 'ia opln leu road by Justice "Van Devanter. in cage instituted by' tha government against tha Southern railway, Tha point at Ihous waa whether tha federal act:, applied in - tha case' ot a ship went from one point In Alabama to another point In tha sama state, tha ahipmsnt , being In an Improperly equipped car. The lower courts held that there had been a violation of tha law and their Judgment waa sustained by th supreme court. ' Justice Van Devanter htld that tha law applied to all equipment on. a high way " of interstate commerce, whether at. the tlma l waa carry In? toim..Ualrt tt.jyvtbn., He then held and wag sustained by the court s unanimous opinion that the safety appliance act was constl. tutlonal. "Common Knowledge" "Speaking only of railroads, which are highways of both interstate and Intrastate commerce," says Justice Van Devsnter, "these things are ef common knowledge. Both classes of traffic are at times carried In the sama car and when this Is not the case the cars In which they are carried are frequently commingled In tha same train and In the switching and other movements at terminals, "Cars are seldom set apart for ex clusive use In moving either class of traffic, but generally are used Inter changeably in moving both; and the situation Is much the same with traln men. switchmen, and like employes. DDES PRESIDENT EXPECT DEFEAT jiWIS PARTY? Utterance Last Night Inter preted That Way by Many Hearers CHICAGO, Oct. 30. -President Taft surprised a large audience at the din ner of the Hamilton club today, by what most of his hearers construed as an admission of the possibilities of republican defeat In the coming national election. He was speaking to what had beon promised to be an unusually enthusiastic audience of re publicans Those present hastened to ascribe the president's utterances to weariness after his long tour of speech -making, and especially after the three days' hard "campaign" In Chicago. It waa his .last public utterance In Chicago before leaving for Pittsburg tonight. "Now we are at some people think the crisis in the republican party. With reference to his continuance In the guidance of the nation, the president said, "I am hopeful that the good people of the country, that know a good thing when they see It, have only (hastened us In an off-year. In order tha twe may be better here after, but with no Intention of shift. Ing from shoulders that are fitted to bear the burdens of the present prob lems and carry them to a successful solution, to those which are untried and which have new theories of action that: we do hot believe In, and that We don't believe the people Aeileve In. "However. If so be It snd they de sire to make a change, we shall loy ally support the new government un der any conditions, with the hope It will inure to the benefit of the coun try, but with the consolation that If after one trial the people think they ought to go back to the old party that has served them so well In the progressive days of the nation they will do so we can bear that, my frieeUs; that Is ait' Law Must be Com" Henceforth. 1 for they usually have to da with both claasea of traffic. , Besides, tha ssv eral trains on tha sama railroad ars not independent In point of move ment, and safety, hut are Interdepend ent; (or whatever brings delay or die aster to one, or result in disabling one of Its operative, 1 calculated to Imped the progress and Imperil the safety appliances from any part ef any train I a menace, not only to that train, but to other." ., . Th decision of th court gener ally la regarded a of far-reaching if nincan,, n lmportenc. k. It will enable, th commission hereafter ' to 4otoe,i etlo4. -wittiolvt ueUoa, lis order basedTuaon that law. Those who casually examined the opinion were divided a to It bear! ing on the litigation a to whether tat may regulate freight and pas senger rate on intrastate traffic when such regulation interferes, or might interfere, with intertsate commerce. The supreme court I to consider th question next January whan it near tna so-called 1 Minnesota and Kentucky rate cases. It la th best judgment , of those conversant with the situation, however, that today's decision hs iittie, if any, bearing up. on the rate cases, Mr. Lane said he wsse gratified that th supreme court had rendered the decision, because it made for better, safer and more economical operation of the railway system of the coun try. ERNDRS' CONFERENCE DITREAMflEIENT Gov. Colquitt Will Show Why Cotton is Worth 14 to 15 Cents Per Pound NEW ORLEANS, Oct. to. The cotton conference called by Governor Colquitt of Texae to devise means for restoring to normal prle th oouth's greet staple crop, atter an all day's consideration of different plans fo relieving tho present demor alised situation in the cotton world, did not reach an agreement and ad Journed at .J0 until 10 o'clook Tues day morning. Almost every cotton growing state was represented at the meeting today. Th governors of Tex as, Alabama, Mississippi, Louisiana, and Virginia, and Charles 8, Barrett, prelUnt of the Farmers' union, were among tihose present and took an ac tive part in the proceedings. At tomorrow's session Governor Colquitt, of Texas, has promised to make Dubllr tha flrat mlatlatloa ..... I compiled for th benefit of the cot ton producer relating Op the (con sumption ot cotton and the estimated demand of the world for cotton ofj thAklftil Mfljinn. Thai, fl .... It Is said, will clearly demonstrate that: even admitting that this season's crop win be Vhe largest In the south's his tory, every bale Is worth frem four teen to fifteen cents per pound, while th figures were not given out In de tail. Governor Colquitt said they showed that the world's demand at the present ttm was far greater than th supply. - - "Doing All It Can" WASHINGTON, Oct. 10. Secretary of Agriculture Wilson, replying today to criticisms made hy Clarence Ous "iey, at the New Orleans cotton con ference of the government's method of issuing cotton statistics, declared that his department waa doing all It could to tutp the southern planter, just as by It Investigation It la aeek- TOeoUaucd on Pag 8T) RE-ORGANIZATION PLAN OFTQBAGCO GOMPANY ARGUED Circuit Court Judges of UnK States civ it Praise ind , Condemnation " DEFENSE CLAIMS THAT T It'S AN' HONEST PLAN Attorney Justice Makes Plea; For North Carolina's Far-" mers Union V ,, NEW YORK. Oct. ll.Th... mm. posed plan for re-organlsstlon of tha tobacco trust submitted by th Ameis lean Tobacco company and eodefnd ants to th government's antitrust ult was both praised and condemned to day by th Circuit court judge of th United States ipr the Bouthera dis-t trlct of New York. - After ; Attorney - General Tlckr- ' ham had filed th government' n swer ta the plan, counsel for the d fendsnts pleaded with th court to eoceVt the dissolution proposal. Lew! Cass Ledyard, arguing for "the defend ants, Insitvd that It waa an honest plan to comply with th requirement a in nuprem court jor a re-organisation that will restore competition In compliant with, th term of - the Sherman anti-trust law. . An srrumeitt of nroteet was lied 1st in the day by Felix H. 1-evy, in : addition to that filed jointly bv him- j self and Louis D. Brando! 1 for tho National. Cigar Laf Association, and other concern. ) Mr. Branlcuj addressed th court tn upport of objection to th r-orgsn-. Isstlon plan filed by the ' National cigar iiear ipnaoco association, tn Cigar Manufacturer association,' and th independent Salesmen' ssocla- Hon. V ftV:' :.v .(;--:"';.-?- v ''y.s .:' - : nifferetio of Opinion. ' v ; ' Mr, Branlel said titer ws no dif ference of opinion a to th demsniV of th flunrem court; that either th product of th trust b enjoined nd' a receiver appointed, or a re-organl Xatlon agreed upon. IT dednred "th time for disintegration of these com. partus this trust I th prnnt t'we i.'aaV if Wbwi Vie have tlr con; tie tltlon; havs dlstlwt ownership." ; Representing . th North Carolina Farmers Union,. Attorney Justice pic tured th rmvertv of th tobaec grower of that tat sine th forma-' Hon of th to b ceo trust and destruo tlon of competition, fin proportion as tho derendnt. nsve accumulated tnir vast rortunes which thy rl! their vested right In that proportion hav - th tobacco cumulation of om petit! v tlm," ald Mr. Juslic. ' ' , - H aaldth farmer saw nothing, In th proposed plan ' that's would Chang condition. "' hav no doubt," h continued, "that th twenty-nln defendant ffVtafinnexil ttn Pare Frmr) EC TO ENTER FINAL DECREE III HIA DEBT CASE' Claims Time Has Not Corns' for Proceeding to Deter mine the Question ' GROUND FOB DELAY WASHINGTON, Oct. 10. Tin 8u. prem court of th United States de clined today to enter final deer in the Virginia and West Virginia; debt case, claiming that "th tim has not com" for prooeedlng to d terrnln al questions taft (Open Jby Its decision last spring. Justice Holmes annnunnad (ha A.' clsion of th court , He aald that neither doubt aa to whether Wert Vlri ginla ehould tak th Inlativa in a conference, whldh th court suggested!. be held when it decided West Vlr- ginla ought to bear a part of the dabt,j , nor doubt a to tha power of ' .thai, Virginia Debt commission to act In . th conference, were Just (round for delay. . . A , If th parties In the suit consented to a final decree, the Justice said, th Supreme court "Is not likely to in quire very curiously Into queetlon of power." However, the Justlc added, a stat cannot be expected to mov' with th celerity of a private buat nes man, . .. ,....'-:.- .,. j- , "It Is enough," said h. "If tt'pro ceeds, In th language of the Englleb , chancery, with all deliberate speed." - Last March the court arrived at th conclusion that West Virginia' bar of th 1 13,000,000 Virginia,: debt In th 'xtle w $7.1 1 1,00. 1 At that tlm th court aald many flg, udea must be ascertained or agreed, upon before final decree waa entered, particularly In regard to interest nd With tha suggestion that "th state) hav a temper ' (upertor to that of' privet litigant." -s'v:, v-. Th court today, paklng throuihj Justice Holme, found that West Vir ginia had not yet hown that it was! proceeding . "with . all det""t Pd.'' J r