EE'CITIZEN. THE WEATHER FAIR ; Circulation Q ft ft ft Daily Over 0Vy" VOL. XXVIIL, NO. 26 ASIIEVILLEy N. C, FRIDAY -MORNING, NOVEMBER 17, 1911 PRICE FIVE CENTS THE' ASHEV1 ins E. BY FEDERAL JURY Alleged Rebating on Ship ments of Merchandise Be tween N.V. and Chicago ALL THE DEFENDANTS GIVE J5"00O BAIL Amounts " Involved Will Ap proximate 10 Per Cent of Earnings of Two Roads mSTV YORK. Nov. 18. Thirteen Indictments were returned this af ternoon by tho federal grand Jury which has been Investigating charge of .rebating against several railway freight official and members of firms In th e city and hcagoi- All of th Indictments ar similar except as to the aetata of the particular trans action and contain In all forty counts. The alleged rebatina was on ship ments of merchandise between this city and Chicago. It. ft O. Railroad ' Six of the Indictments are' against Robert B. Ways, foreign freight agent Of the. Baltimore and Ohio railroad company for iv'ng rebates to the following, parties: -. Berr.iirJ, 4uuti & company, Galla gher St Ascher, Oscar F. Kosche, trad ing as C'has. X. Stone & company American Shipping company. Inter national Forwarding company, all of all of Chicago, and Peter C. Kuyper, as P. C, Kuyper A company of New Other Indictments are against Thomas N. Jaryls, vice president and - Clarence A. Blood, freight traffic manager of the Lehigh Valley rail road company, for giving rebates ' to George W, Sheldon and company of New York and Chicago. Other In dlctments are against the following parti jb for receiving rebates from the Baltimore- Ohio railroad company: . Jules J5. Bernard, of Bernard, Ju dea company, and Maurice Ascher of Oallagher A Ascher of New York; Oscar E. Kosche, trading as Chas, D. Stone. company; Albert E. Graser, president of American Ship ping; 'company, and August Bontoux, president of International Forwarding company. w.-r. - (l! ? .-:-Lehlsh Valley Those indicted for receiving 'rebates frorn Hi? Lehigh VaJ'y railroad com pany are George W. -Sheldon , and Henfy W. Achkof, president of the Geo., w. Sheldon & company. - Tentative pleas of not guilty were entered to the TlfSlctments by Vive President Jarvls and Freight Traffic Manager Blood of the Lehigh Valley railroad. Judge Martin gave them un- . ' til December 4 to withdraw (heir V nlua. n t m Ir ant1 mntlAn ff tlnmir defense that they may deem neoes- (Continued an Pse FVwr) FOB SF.CGHD TIME 'Ml eotiNnifliciisE IS FILLEDJIIH JURORS Peremptory Challenges by Statjp and Defense to be Exercised Today THREE ABE SWORN LOS ANGELES, Cel.. Nov. 1. The Jury box in the McNamara mur der trial was filled with Jurors and accepted talesmen for the second time late today. Peremptory challenges by the state and defense will be exer cised at the opening of the court tomorrow. Jacob Lansing, an orchardlat, Is the twelfth man accepted. His fellows In the box are: Robert Bain, carpenter; Byron Ltsk, mill owner; F. D. Green, orchardist, all sworn Jurors. Brewster C. Kem yon, capitalist; Clark McLaln, bank er; J. B. Saxton, retired farmer; A, Gribllng, retired walnut grower; Wlllet Brunner, railroad engineer; C. A. Heath, farmer; William J. An drew, carpenter; T. H. Elliott, gard ner. Lansing atands an excellent chance, it is said tonight, of being the first man excused by the defense tomor row.. The big gray scrap book,' nicknamed the' "Doom's Day Bvo . in which are paated reports to the defense on talesmen quotes Lansing as having said that' James B. Mc Namara was guilty and ought to be hanged. Lansing denied that he said this, but Attorney Lecompta .Davis sought to obtain an admission that Lansing's opinions ran along this Una. William J. Andre is counted as a good prospect for one of the chal lenges -allotted to the defense as la T. H. Elliott, whose examination de veloped little concerning hi soplnlons. 7- . I . I . . . . - tat would exense A. Gribllng against whom District Attorney Fredericks offered a challenge on the ground that ha would not be willing to con vict on circumstantial evidence where th death Denattv was Involmd Wli. WHIG GHARG lt Brunner may be challenged, as he belongs to the Brotherhood of Lo-! esswOvt Engineers. . . -:, . 1 . ''x. .-s" . "';.,;; ; APPOINTMENTS OF CHINA'S PREMIER CAUSE AMAZEMENT New Cabinet ' 'Named in Imperial EdictM ay Not Stand Impression Goes Out That to Defeat Rebels is Object. PEKING, Nov. Premier Tuan Shi Kai's new cabinet waJ named In an Imperial edict today, but It Is questionable whether It, will atand. One of the members expressed amase ment at his appointments. It la be lieved that few of the new ministers have been consulted and It Is ex pected that several wilt decline to serve. rTho cabinet comprises curious ap pointments. Liang dit-Chlao, ep pointed vice-president of. the board of Justrce, i the great Chinese reform er who was exlleo. vy me jaie em- press dowager at Yuan Shi Kai's sug- gestlon. Chunt Chlen, appointed - nreslileiit of the board of agriculture and commerce, Is a member of the new .government of Klang-fihu. He signed with Wu-ling-Kang, the de mand for .the throne's abdication, which the reformers sought to have delivered to the prince - recent through the American legation., Sev eral other members of the new cabi net are known to be strong sym pathizers with the revolutionary movement,' ' I New Cabinet The composition of the new consti tutions:! cabinet la as follows: Prem!er--Yuan Shi Kal. Board, of foreign affairs Liang Tun-Yen, president; Hu-Wel-To, vice- president, Board of finance Ten Shl-Sl, pres ident; Chen Chln-Tao, vice-president. Board of communications Yang Shih-Chl, president; Liang Ju-Hao, vice-president. Board of war Nang Shlh-Cheng, president; Tien Wen-Tleh, vice-president ' Board of Justice Shen Chl-Fen, president; Liang Chl-Chlao, vice president,. , Board of agriculture and com merceChang Chlen, president: Hsl Yen, vice-president. Board of the navyAdmiral Sab. Chen-Pine, president;- Tan Hsueh Heng, vice-president.' Board of Instruction Tang Ching Chung, .president; - Yang-To, - vice president. , - t-'earo otcwiw 'wirr ldent; Yung Hum, vlee-president. -Board of Interior Chao Ping-Chun, president; Wu-Chen. vice-president. . ' Opinion Divided -The organization of the cabinet was evidently an attempt to Include In Its personnel representatives of all par ties. The question arises whether Yuan Shi Kal was unable to foresee his Inability to operate such a cabi net if It could be actually formed. RETiftEO REAR ADMIRAL ' JOHN YEATIUIAH TAYLOR SHOT HIMSELF IN HEAD Distinguished Naval Sur geon Commits Suicide, at Age of Eighty-Two -WON DISTINCTION WA8HIN&TON, Nov. Is. Rear Admiral John Yeatman Taylor, re tired, former medical director of the United States navy and one of the most distinguished naval surgeons in the country, ended his life here today by shooting hjmself in the head with navy revolver. The officer was alone lnr his study at the time, but the butler, hearing the report, found htm unconscious. He 'died In half his life. Admiral Taylor was 12 years old and had had a notable career as a naval surgeon. His health had long T i been poor and the death in an au- tomobila at Wilmington, Del.. two! years ago, of his - only eon, Andrew Bryson Taylor, was a severe shock tq the aged surgeon. He never left the house afterwards and despon dency over. Ills sorrow and the hope less condition of Jits health la be lieved to have prompted him to take hi sllfe. Born in East Nottingham, Pa., Ad miral Taylor was graduated from jfferon Medical college tn 18S2 and was appointed assistant surgeon In the! United States navy 'the following; year. He was with Farragut on the Oneida in t..e battte of Mobile Bayj during the civil war and In that en-, counter won distinction. Recognition! came meaicai inicior in ii,. ana medical director In l7f and was re-l tirea id list, i,e aiso served as neet surgeon and waa In charge of naval hospital at Washington. Norfolk and New York. In recognition of his civil war services he was advanced .to the rank of rear admiral in 10(. f ' Admiral Taylor la survived by his; wife and one daughter. Charlotte! Bryson Taylor, a magatine wrlur. j who reaMe tn New Tork. , : - .'..' I . ' , '"".' Opinion is divided with ' respect to the object Yuan Shi Kal has In view. Some think he has lost his astute ness and Intuition, 'while others hold that he Is playing a deep game. His real object may be to convince the throne that a capable cabinet can not be formed but he gives the lm pre9ionto visitors, both Chinese and foreigners, that he Is determined to defeat the rebels. The foreign diplomatic representa tives have tinder discussion the p pointment of a committee to disburse tite maritime .vuoiuiua niiiun iu r. ! ing reserved by the Inspector-general. !' Francis Arthur Aglen. for payment i of loans and Indemnities. This seems I to be the beginning of foreign Inter ference In the financial affairs of China. Certain' members of the na tional assembly are advocating the discontinuance of that body, because1 a large majority of the elected mem bers have left the capital. Those who remain are chiefly the throne's ap pointees, and the assembly is with out a quorum. PREPARE FOB INVASION NANKING, Nov. 1. Throughout the day General Chang, commander '. the imperialists, waa preparing to rcelve the reformers 'army, which he confidently asserts will meet Its Waterloo before Nanking. Imperial ist troops moved out of the city and were distributed to strategic points to check the advance of the (revolu tionaries from Chliuciang - The defense at. Pukowa are formi dable. ' : REBFJS COMING IN CHINKIANG, Nov. Is. Revolu tionaries continue to come into this city In thouaands. The scene la mar velous In its confusion. The troops are disorganised but not disorderly. The forward movement .of the re volutlpnarles haa not begun, but targe numbers have been taken aboard the gunboats and transports, which are procedlng up the river in the direction of Nanking,- It is presumed that a ftARic . movements ir ' planed to - hold General Chang's troops in Nankin or to cut tbem off if they try to ad vaiLC. Much anxiety Is felt concerning the whereabouts of mlsslonalrre and rail, road employes who are cut off north of Pukowa. ft is hoped that they have escaped by way of the grand canal, but a rescue party which was ont out has been unable to proceed ox the bridges are down. SALARY LIMITS IN ALL MINOR LEAGUES WILL BE COT T0TE 00ICK Fixing of Limit by Popula tion or Classification Deemed Imperative FOB CENTRAL BOARD SAN ANTONIO, Tex., Nov. 1, The salary limits of every base ball league except the majors will be cut to the quick next season If the move ment Started today at the conven tion of the National Association of Professional leagues by Wilbur H. Allen, president of' the Texas league, bears fruit. The Texan's plan Is for a central board to fix a salary limit for every league of a certain classi fication and fix penalties for the vio lation of such limit taking the power of fixing salaries away from the In dividual leages. it was further ar gued that unless the salary limit of each league Is the same the clamifl-; c"on maoe voia a some members ftf A l.nr , Inaaf ff,bt!rn ha-A V. UM a llmlu-h,n ,hose of th. , h Practically tie entire buxlness eeeslon! today of the minor league leaders was devoted to the salary limit problMn ' and It was referred to a committee. It was the concensus of oolnlon among those who, participated in the tlebate. however, that the fixing of j ,lon rvico affl u "' immigi nuonpng be erectea ror the bureau, in aa salary ' limits either by claselticatlon! ofl'cer niay work ln hrmoy dltlon to being non-lire proof, he says of population of the different cities . Cha. Harris, manager of the free J that the preeent quarters are 'en under the direction of the national a-i mployment bureau of Kansas de-l tirely obsoleU and Inadequate as to sociuUon is impetative ' clared (hat college students afforded both space and equipment" Tt-.e suggestion of Secretary Qutnn oC the Columbus. Ohio '" salaries of player who go to a blgh- tr league kiiu..iu j. - ...... wax 'generally approved, Th. advancement ofvthe Pa'clfic" roe.t league, Arr-rican association ,nd lh. Etern eagu to a higher riajslfiration to be known ae class mlttee which mt today. It I poff d that leagues -in this el i b permitted to draft frora ail vtnec m,t.- or leagues. , 5IATCH ARRANGED CHICAGO. Nov. I. Johnny Cou- Ion. bantamweight champion, tonight was matched to boa Qeorge Kllson. of New , Tork, at Kenosha, Wis, on Kovember at. , . - . - . .("... TOBACCO DISINTEGRATION NOT BE CARRIED TO SUPREME COURT Wickeraham Satinfiei With mat tt KrOntamea tracucaiiy su oj in txequesi maat oy me r . m.iGovernment-'tReCr " v. WA8HINQTOKi Nv. 16. Satisfied that the decree- entered In the Circuit eourt at New York f today providing fur . the disintegration of the. Ameri can Tobacco company, lata four cor porations will terminate a monopoly and, substitute aetual, competition In stead, Attorney General Wickeraham will not Appeal (the case to the 8uV preme ctrr ofjh. United Stat .' Me will .accept he Circuit court's deci sion although 1h tovernnient' pos. sessea the right to Scarry the plan of dissolution to the highest tribunal at any time within a yeari : Tho govern" meat's approval of the plan wits made known by the attorney general in an official statement Issued today. The sine of some of the corpora tion into which tTie company will bo separated constitutes no valid objec tion to the court's decree, In the Judg j mem of the attorney general. 'The publfc at large 'will be more! apt to benefit," he declares, "from competition between a large solvent, well organised company la strong hands, than from the general de moralization of business which would ensue were the business to be distri buted between a large number of small, weak organisations with in- CRYING NEED FOR LABOR ON FARMSI1R COUNTRY Distribution of Immigrants, Settlers and Unemployed Given Attention ' WASHINGTON. Nov, It. There Is crylrlg need for labor on the farms Of the United States, offering oppor tunity to the immigrant and the na tive unemployed. This conditions emphasized by mate immigraton of ficials here today at a Joint confer ence with the federal Immigration authorities called for the purpose of finding a means of co-operation be tween the government forces for the distribution tt Immigrant settlers and ih unemployed to the tvherw they are neeaea. Practically every state In the union WM r. presented number of resolu- tiot9 rferd ttDa committee committee appolnta to evulv a practical meth - od by which the division of informa-j (Ion of the United Statet Immlgra-; trie beet neip on me imrms. rour; Mir. report snows mst ounng tne nrt.'e of the !srm In Ohio are In need ' past fiscal year there were Isiued 14, of labor, according to A. P. Randies.! 4 28 patents, including re-Issues and Mtcretary of agriculture of that state. FAIR WASHINGTON. Nov. 1 1. Forecast for North Carolina.: Fair tn eeet, 'un settled la west Fridays Saturday, if twin, moderate tt wind,' 5 I 1 s . a i Is it Loaded? Decree Entered in Circuit sufficient' capital' to maintain them - selves In active competition.' , " ..Bome " at the represeatatJvat of the so-called 'independent retailers assoelatlont' urge the distribution of the business among seventy carpwra tlona Instead of ifour.' The suggoetlon might a well have bees fifty or two hundred, For,th goyrn merit ,t hay Wported any auob eonUutlon Vuuld have undoubtedly have remitted tn re ceivership and enormous and ' WldV aprradl Injury to the genetal business condition of the country. Regarding the oantentlon H'hfrh lit said had been advanced that the aisa of the companies was greater' than that of any Vt the existing tndapen denu, the attorney general says: "Nothing In the law requires, or, In the opinion of the alorpey gen eral would Justify the government In faking the position that to reduce a monopolistic combination to legal alxe, no one of the distributee con cerns should be larger than the larg est exiting Independent ooeern.' -Objection "Explained" The objections to the dissolution Scheme on the ground that the same body of shareholders would pub tantially, control each of the separ- PATENT OFFICE BUG Commissioner of Patents Says There is Little, if Any, Fire Protection WASHINGTON, Nov. 11. Fear of fire In the United States patent office and a consequent tremendous blow to the commercial Interest of the country, are expressed in the annual report of United Htate Commissioner of patents Moore to Secretary of the Interior Fisher. The present home of tho patent offloe, Mr. Moor de clares. Is not fire proof and Is piled high with tons of Inflammable ma terial comprising archive, which If destroyed oould never be replaced and the ot wnch would work untold dam ,0 th commercja Interests of ,h( r,juntry. "Much of this material Is stored," ne explains, "In wooden cases and on 0pfln shelves." He recommends thst a nsw- bulld- designs, and that S,7f 1 trade mrks, dy laoeis ana isi prints were regis- tered. It wae not the heaviest year In the history of the patent office In this respect, although in the number of applications received, more than 74.000 Is exceeded all previous years. IUTtXS HAD BETTER OP IT NEW TORK, Nov Frankle tjrns, rial mant of th e bah lam Weigh I championship, outpointed Toung Wagner of New Tork in a slashing ten round bout here tonight Burns outbozed and outgeneraled his plung ing fod. Although Wagner closed strongly at tbe end he was by gen eral agreement no match for hi dev. er opponent . '. CASE WILL Cburt at New YorkSay $ 1 at com pan let are mat, tha attorney I general mm. first by conferring vot- I jng rtghts which now am vested In th -common stock alone, to the preferred ti)onolders also; and, secondly, by th reatriotlons upon the actions of the respective corporations. j "Tha aUorney general believes,'' Continues tue atatemtnt. "that this in the decree, will Accomplish .r- (reatlon of lawful condition!, - nd being so convinced hf has opposed the efforts of outsiders t inject them selves Into the situation and to de- lay or prevent tht carrying out of the plan." . Under tht impression. : that tht opinion of tht court had ben clouded byuht various discussion of it and was not generally understood tht at torney central embodied In hit etate mtnt a tynopel of tht terras of tht decree. Ha c said It' contained' : tub stantially all of tht requests made by the government except tht enforced sal and distribution to outsider of tht United Cigar etores company and an authorisation to th government at any tlmt within five year to apply (Continued on Pag Four) REVENUE CUTTER FLEET IS BEING HE-OF Vessels to be Assembled In to Five Division!; Two on Pacific, Three on Atlantic WA8HINOTON, Nov. t.Tho rv nu cutter fleet la being completely re organlaed along lint omwht similar to the naval establishment The vessel will be assembled Into nve dlvislona-two on th Pacific and three on the Atlantic coast each In command of a senior captain of th service, under the old system each revenue cutter wa a unit In Itself reporting directly to th captain com mandant at Washington. The New Tork division, with Sen lor Captain Howard E. Merry, com minding, was organised today witli the following vessels: Beneca, Mo hawk. Manhattan, Calumet, Hudson and Uuide. The headquarters of the two other divisions will be Boston and Charleston, B. C, but plana for their establishment have not been com pleted. The north Pacific division, ln charge oi Benior captain F, M. Dunwoody, wim neaoquarters at Port Townaend, Wn., will be composed of the ,cut ters Manning, Tahoca, Snohomish, Arcsda, Hcout and Rush. The south Pacific division will be under Senior Captain int.. Fl Wild at Ban Francisco, and will consist of the McCullough, Bear, Golden Oat (ana Hartley. The treasury department i expect the new scheme to oromota efficiency, and economy. WBAtTIIY HERCHAJfT OH TRIAL LINCOLN CKNTKH, Kan., Nov. I. Ssehill Clarw, a wealthy mer chant, A. N. Blmms, a milt worker, and John Bchmltt, farmer, were plnved on trial lata today "for assault and' bitteFyin cnnecusn RS the tarring of Mis Chamberlain. Pre viously Everett A. Clark, presffftnt of a Shady BenS milling company, and Watson Scranton and Ji'' j viler. . '..,'',, v.:.: ' plea of guilty. Judg Glovr ld to- nlgnt he wolb to fcsartng t th preeent eaaea. THINKS ALL FUNDS be BY SUBSCRIPTION; Com per s Opposed to Federal tlon of Labor Taking Action' In M'Namara Casa tJBjaSBBaBBB t CONVENTION ADJOURNS TO ATTEND BARBECUE j MMseMMtaMMSJi V'l "-'.i Labor Leaders May be Asked to Sever Connection WUh Civic Federation ATLANTA, O., Nov, It. The fact j that effort have been made by Pree- i ldent dampers to suppress tht resohi . tton to appropriate 160,000 for tht t McNamara defense fund cam out to day pn the floor of the convention i of tht American Federation of Ltbor, f shortly before adjournment . for tht . day.- Delegate A. Qallagher, of tht i California delegation, Inquired of tht I .president whether a resolution could i bt presented gftar today. Ho plained that he had a very Import ant resolution bearing on tht McNa mara esse which h rMd would causa tome friction If brought before 1 SHOULD raised th convention, and that he hid been asked to withhold It, pending the re-, port of th eommltte on th prl. ; ' denf report which w xpctd to , deal with that tubjtct. Mr, Oompr I replied that no resolution, could be ' offered after mldnliht tonight. Mr, Gallagher then asked If tht eenven-1 tlon could not vote to permit him to4 Introduce tht " resolution later , la event the committee's report on th'.' subject wa not Mtltftetory to him, ' "It cannot," -ratorted Mi. Oompr, ' Mr, Gallagher ald he would ask tht' convention ta bear In mind the fact -that h h4 withheld the resolution! by request If he attempted to offer f it later, Another delegate tsked tht) I ehtr ,tf a dlgat oould not ntov -to ubtltuto a resolution for a pof. tlon of a committee report, . Mr, Oomper replied In the fflrmatlv. It ' I generally understood tbt Mr, Oom. per Is not opposed t rendering all' trt- aid posalbl to tht McNamara brother out that h think all fund , required heutd b ralssd by prlvat' ubeorlptiun. - - - - Mr trrti.aw- -",;, '- rBefor tht convention i 'ovr,Mr. 1 Oomper and four other labor load- . art whd, art heads of variou crmft,' may be' asked to aevr. thlr eonnec. , tlon with tht National Clvlo rdra-1 tlon, which, according to a rosolu-i tlon offered today by tht United Mint Worker ''I largely composed of and I financed by employer of labor,' many-' of whom art tht most' bitter en ml of organised labor." Th reso lution rtquest thai all officer eoa:" (CoalintMei on Pace F'wir) PflOHEHT PLtCEDH LAST CONVENtlON DAY Los Angeles Asked For, Next Meeting of National ' Municipal League . ' ;'. v . PLACE NOT DECIDED RICHMOND, Va., NovV; J.-Wltaj the conclusion dlscuaion oa I . frsnchls education and 'poll and! ' liquor problem, th eventeeath an- , nual meeting of tbe National Munlo-! Ipal Leagu and nineteenth annual conference for city good government) came to a do today. Lot Angele' '. Invited tht convention to meet nt j ; year but th meeting plao was left tj tht executive council to name. j P. S. Spenct, a meunlclpal official tfj Toronto, Canada, told th delegate. that so long a corporation operated! pubic utilities under tht ' francblat - . system there never would b aatlsfaci - tory ervtc. ' . '.' ,..''. j Plana for an xhautiv study of! local option and ail other questions allied with the liquor problem wre : : . recommended In th report of th committee on liquor, presented by. ' - Camlllus C. Kidder, of Orange, N. i.h A -determination of th safest hands' In which to lodge tho Issuance of 11-, " censes wa deemed to be .of prim. importance. , , Under a atrong and good lleen-' ing authority, almost any atatutt la workable," according to th . report.. Th federal government .. utbrogh - - th operation of some of it statute ut ' that ? -. wa pictured as the friend-of blind tiger and the liquor Interest i agalnat -' prohibition . by . Win. Thomas, of Montgomery. . Ala- In aa! address on the - "Prohibition Move--ment In tbt South." ,. , The practical affect 'of tht United SUte revenue statu tes. inter-J state commerce laws, and the use of; the malls," he declared, "1 to make tht government the friend and eoad-' -Jator of th bllng tiger, the brwr and th distiller In defeating the will: of the people by granting federal licenses to whomsoever-will pay, to go Into any prohibition state and violate th . law. If the government) refaed such licensee II n prohlblfJon! territory, a large per cent of the II- clt selling could be aubstanUaily abomhtaV 4 '