UMM.Y ITIZMF ..
THE WEATHEU
L UNBETTLBD.
ASUEVILLE, N. OV BUN DAY MORNING, JUNE 1, 1913
jy:OL.XXIX,No.221.
ror
JL.
r MM - .
1 L A PRICE ITVE GENT3
OVERMAN
ST
CIVIL SERVICE ACT
VNMV
North Carolinian at the Heels
of Republicans who Mis
' construe Meaning
HOT ATTEMPTING
THE SPOILS SYSTEM
tireat Majority of Government
uuiciais ai wdMiuigiuu
AreNOWKepuDiicans
(By George H. Manning,)
WASHINGTON, May SI. -(Special)
.Senator Overman believe that the
veral resolution! he baa offered ta
reconstruct the civil service have .been
generally mil understood. He resents
the polstlon taken by several republi
can senators that he wishes only to
remove certain employes of the gov.
ernment from the service In a delib
erate attempt to evade and break
down the olvll service system,
Senator Overman belives that thou
sands of appointments have been
made within the past tew years un
der a' misapprehension of the real
meaning of the law.
He is In favor of fourth class post
offices being under the civil service,
but does not believe that it la a square
ideal to fill the service with republi
cans and then Just a few months be
jtore the republican party goes out ef
power, to cover them all Into the
.. dvtl service.
, No Spoils System. : "
"No attempt to again put Into af
fect the spoils system, as la being
charged' by some of the republican
senators was ever contemplated by me,
but, on the other hand, It is my de
sire to Improve and purify the civil
service so aa to make it what It was
originally Intended to be system of
efficiency by whfch all men would
nave an enu 1 opportunity to procure
appointments and promotions in the
government service without regard to
political and personal influence and
ta-veriUam.
, 'The report of the commission en
Mmamf And afflcluunr. made to
,, President TajftjMareh .tfW
RONGLY
DEFENDS
J request. Shows that the civil service
. has been used as a cloak Cor the old
polls system, and in reality, as ad
tninlstsred at present, the " civil ser
vice is worse than the old spoils sys
tem. "Thousands of appointments have
been made , by executive order as a
result of misconstruction of the law,
In which persons, without regard to
their efficiency, but jurely through
political influence, have been appoint
ed to these offices. It is a known
tact that in the south some of these
postmasters Included in President
Taft'a order placing fourth class post
masters In the classified service are
men of the worst class of citizenship
In that section of the country. Many
of them are ward heelers and polltl-
( Continued on Page Eight)
UNITED STATES UNO
GREAT BRITAIN HAVE
RENEWED THEIR TREATY
Five Yeax Agreement Was
Officially Signed Yester
day in Washington.
TERMS NOT CHANGED
WASHINGTON. May 31. Secre
tary Bryan and Sir Cecil Spring-Rice,
the British ambassador, late today
, signed a renewal for five years of trie
general arbitration treaty between
the United States and Great Britain
which expires ty limitation on
June 4.
.The treaty provides for the arbltra
tion by. The Hague court of any dlf-
ferences of a legal nature not affect
ing "the vital interests, the lnde
pendence or the honor of the two
contracting states," and which do no
concern Interests of third partiea
The British treaty Is the fourth of
the arbitration conventions to be re
newed this year, the others being
those with France, Italy and Spain.
Diplomats here are awaiting with
much Jnterest the expiration of the
similar treaties witn Japan ana Hex
Ico. The former expiree by limita
tion on August 14. President Wil
ton has announced his willingness to
renew It, but Japan has given no In
timation of Its purpose.
The renewal of the treaty with
Mexico, which will expire June t7,
would involve the Important ques
tion of recognition of the Huerta
government, thus far withheld.
In announcing recently the names
of the nations with which this gov
ernment was willing to renew arbitra'
tlon treaties. President Wilson
omitted Mexico.
Other special treaties, all of which
the president has expressed willing
ness to renew, expire in the follow
ing order;
Surwfi Jtsae Hi flaieilsii. suguat
II; Portugal. November 14, aad
Switzerland. Deoamboc t-
TEDDY GETS SIX
CENTS DAMAGES
AGAINST EDITOR
Trial Comes to Abrupt End When
Publicity Seeker of World Asks
for and Gets "Nominal Sum".
Makes Hasty Exit
Marquette, Mich., May il
Colonel Theodore Roosevelt today won
his libel suit agalnts George A. New
ett, who charged the colonel with
drunkenness, and, waived damages
after the defendant had uttered a re
traction. The Jury awarded th nominal dam
ages of six cents provided in such
cases by the laws of Michigan. i
Each, party te the suit will have to
pay his own expenses.
Judge Flannlgan instructed the Jury
to bring in a verdict for the plaintiff,
which they did without leaving their
seat The colonel left for Chicago
and the east at 1:10 o'clock this even
ing less than two hours after the con
clusion of the case.
Crowd Was Expectant.
When the afternoon session began
the air was electrical with expectancy.
Rumors were flying that the suit
would be terminated. Attorney Van
Benechoten, for the plaintiff, howeevr,
resumed the reading of deposition
It Was noticed, however, that he Ig
nored the testimony of some witness
es. The next move was sudden.
'The plaintiff rests," remarked the
attorney, James H. Pound, in a mat
ter of fact manner. William P.
Belden of Ishpemlng who with Horace
Andrew of Cleveland, was Mr. New
ett's attorney, said:
"The defense will call Mr. Newetf '
A. ruddy cheeked man whose color
did not disguise the fact that . he U
suffering from a serious illness, toek
the chair. In his hand he carried a
manuscript When the defendant be
gan reading Colonel Roosevelt moved
to th edge of his chair, and betrayed
an excitement, which his rigid laws
could not hide. Mr. Newett was well
along In his reading before the colonel
whose position seemed like that of
man about to leap forward, lost the
tense look on bis face.
Statement Is Made.
"It Is fair to the plaintiff to state
that I have been unable to find in
any section ot the country any indt
vidua! witness who Is willing to state
tjhat be has personally seen Mr. Roose
'eit"' nUt" tb-'exoejy;;---
. At this the plaintiff smiled and re
laxed. The colonel broke Into a grin
again when Mr. Newett said, with ref
erence to the mass of testimony ad
duced by the plaintiff. "I am forced to
the conclusion that I was miBtken."
The statement admitted that a
arch of the country bad been made
to Investigate stories of persons alleg
ed to have knowledge that Mr. Rooge-
"ECONOMY" OF UTE
OFFICE-HOLDERS FAKE
Department Turns in a Re
port on the Hitchcock
Administration.
BIO DEFICIT OCCURED
WASHINGTON. May ll. Postmas
ter General Burleson today made pub
ik .. nnnrt at a BDecial investiga
tion Into fiscal affairs of the postal
service, charging that during termer
Postmaster Oenerai Hitchcock's ad
ministration, the service did not be
come self-supporting, ae was often
asserted, but that In ml there ac
tually was a deficit of more than
$750,000.
The report charges that "an appa
rent nmhii was attained by unjusti
fiable methods of bookkeeping on the
question and that the emaency ana
morale of the postal service were
sacrificed to a ruthlessly enforced
policy of false economy" that a ehow-
rJI mlT .mntntn&.nc might be
made. The report attributes to that
alleged condition the complaints made
against the service.
Mr. Hitchcock, during his adminis
tration, and In his report claimed
that in the year 10 a deficit of ap
proximately 117,600,000 had entirely
been eliminated and that In the fiscal
yeax 1011 a surplus of more than
1200,000 was attained.
"The report of the survey," made
at the direction of Mr. Burleson, says
that at no time haw there been a
legitimate . surplus lp postal revenues
since 1883, and that the postofflce de
partment under Mr. Hltdhcock's ad
ministration In 1911 actually was
under a deficit of more than $760,000.
In that connection, the report says:
"It Is pointed out by the committee
that the public bill for the reports
of the department states the revenues
and , the cost of the service are on
dkMlmllar, and, therefore. Incompar
able, base Revenues of the postal
service axe almost entirely collected
In cairti and consequently relate prop
erly to the fiscal year for which the
report is made. But the committee
finds it has been the practice to com
pare tJwee only with payments ac
taaH? made during the fiscal year,
recardleaa of obllxaorJTliailTetrtn
bat reas," , ,
velt drank to excess, but In every cue
the stories flattened out te mere
opinions or hearsay. The libel was
published In good faith, Newett said,
lu the belief that It was true and
proper Information. That It was true
the defendant said he believed until
the trial opened.'
No Demand Made.
No demand tor a retraction ever
had been made, he stated, and when
the bill was tiled against him, there
was nothing left for him to do but to
make preparations to contestTthe suit
Forty depositions were taken in vari
ous parts of the country, but to use,
or attempt to use them, would be to
continue an Injustice which had al
ready become apparent to him and
to bis attorney
Leaving the stand, Mr. Newett
looked in the direction of Colonel
Roosevelt, but the latter was whisper
Ing to his counsel. Attorney Pound
then said:
"With the court's permission, tht
plaintiff would like to make a brief
announcement"
. The Judge sodded and Mr, Roose
velt arose. Bowing to the court, the
colonel said he would waive the mat
ter of damages save for the nominal
amount provided by law. Speaking of
his purpose In Instituting the suit he
said:
'I wished once for all during my
life time to deal with those slanders
so that never again will it be possible
for any man in good faith to repeat
them."
Recess la Taken.
Here a recess was taken.
Judge Flannlgan read his charge to
the jury Immediately after reces
Speaking of Colonel Roosevelt, as the
plaintiff. Judge Flannlgan said:
'Certainly ho has convinced the
court, not only that he never was
drunk, but that he is now and always
has been a temperate and abstenlous
man."
At the same time court held nu
Mr. Newett, In publishing the editorial,
"was not actuated by actual ill will
toward, the.plaratift end that he ct-
But, ae the court held, the injury
te the plaintiff, bad be not waived his
right to damages, would have sus
tained a verdict In any sum up to the
amount claimed In the plaintiffs dec
laration, 110,000."
Shakes Jurors Bands. '
As soon as the foreman, William
(Con tinned on Page Eight.)'
TO INVESTIGATE THE
OF
Chairman Overman Heads
List of Senators Who Wlil
Make Clean Sweep.
LOBBYIST THE ISSUE
WASHINGTON, May ILr-The most
searching investigation ever under.
taken into tha private affaire and bus
iness connections ot members of the
United States senate will be the out
growth of the 'lobby mvesUgatien,"
which. Is to open Monday morning be
fore a subcommittee of the senate Ju
diciary oommlttee. While President
Wilson's recent declaration that
powerful lobby is at work to Influence
action r on the tariff bill forma the
basis for the investigation, questions
prepared tonight by the oommlttee to
be asked of each member of the sen
ate are such as to carry the investiga
tion far outside the tariff matter
Each senator will be required to tell
under oath whether he had any Inter
est In any matter affected by any bill
now before congress, or that has been
before the senate during bis term; and
whether or not he has ever tried to
Influence any other senator to vote
for a measure in which he was Inter
ested. Sub-committee Chairman Over
man expressed the opinion tonight
that the questions would require a
statement by each senator as to any
business interests be may have that
would' be affected by the tariff, cur
rency or any other legislation.
Many members of the senate are
openly associated with manufacturing,
trading, live stock, field or farming
corporations or Interests and under
the questions ot the oommlttee they
probably will be required to give any
such connections In detail, If the tariff
would affect their business in any
way. Senators Overman, Reed, Walsh
Cummins and Nelson were selected
early today by the judiciary commit
tee to conduct the Investigation. This
sub-committee has decided to sum
mon an members of the senate. Each
will be put under oath and required
to answer eleven formal questions and
further euasttens that . members may
; . " 0W81E Hiiifflit
I .AfeSfc ' 4111111" ALLEGED SLAYER
FORCE REPUBLICANS TO GET BUSY" :
SLOGAN ADOPTED. BY DEMOCRATS
ON' THEIR NEW TARIFF SCHEDULES
Leaders of the Majority
Legi8htionPre$ident Wilson Makes Important Appointment in
' 1 Railway Mail Service Day's News at the Capital '
WASHtNOTON. May II. "Make
the republican work," la the slogan
adopted by the democratic leaders
ot the senate In charge of the tariff
legislation, , who -today predicted that
the senate would vote en the bill by
August 1. '.,. .
Members of the finance -committee
declared that the bill would be out
of- sub-eohimlUees on June that)
the full committee's report should 1
be ready for the caucus by the fol
lowing week and that the revised
measure "would be reported to 'the
senate June tL,, ,..
L ..Senator J!ke VStnith, . of Georgia,
inaiiiAvSenate snoura vote. e
thef-tKETik the Utter1 -parT of July; '
We win keep the republican who
want to discuss the . bllL working.
and we will keep at work ourselves
from the very beginning," said the
senator.. "We will meet In the sen
ate every Hay at 1 o'clock In the
morning and keep at work until 6
o'clock at night , That will prevent the
opposition from delaying the bill by
playing with it We ' will tire, the
republicans out of playing."
Fight Nears End. , .
It was made evident today that
the fight among the democrat on
the wool and sugar schedules would
be concluded In the caucus and that
this would leave Senators Ransdell
and Thornton, of Louisiana, and
Senator Walsh to oppose the bill.,
' More positive than they have ever
been before were the administration
leaders today that the bill would come
from committee and through party
caucus with free raw wool and free
sugar in three years unscathed.
Amendments to these echedulee will,
of course, be offered on the floor
of the senate and the democrats who
will remain avowedly against the bill
ss It Is reported, will be expected to
vote for them. Even then the lead'
ers assert the bill can be pawed as
President Wilson approves it, though
It probably will require the vote of
Vloe-presldent Marshall, unless Sen
ator Potndexter, the only avowed pro
gressive In the senate, votes for the
measure. In case all articles in the
cotton schedule that may be classed"
FIR HIS
STBHCK COUNTf OF OHVIE
Bond Issue of $175,000 Has
Landslide in the County.
" Warm Campaign. ,
LEXINGTON, N. C, May II. (Spe
cfcU.) iJavte county carried a $175,
000 good roads bond Issue today by
over tOO majority. Every township
in the county gavw- the bond Issue a
good majority. This puts Davie on
the map among the foremost pro
gressive counties in the state.
The campaign for good roads was
led by Senator A. T. Grant, Jr., Jacob
Stewart, J. H. CJement, Col.. W. K.
Clement, and T. J. Byerljr, preeldeht
of the Da,vte County Good Roads as
sociation. Hon. W. C Hammer, of Asheboro,
and H. B. Varner, president of the
North Carolina Good Roads associa
tion, have been in the county speak
ing for the last week and are very
bappy.
FATAL At'TO ACCIDENT.
AUOUflTA, Oa., May 11. Harris H.
D'Antignac was killed here early to
night and his four companions in
jured, when an automobile in which
they were riding struck a wagon and
turned turtle. In the car with D'An
tignac were Albert Davidson, James
BmlthBajj5rfforfaridJw.
Party Are Anxiotis to Get
a.
as luiuriee are to be made by the
senate finance sub-committee. Mem
bers of the committee admitted, this
today, asserting that expressive cot
ton table covers, ' table cloths of the
finer grades and tapestrle all would
be raised. One reduction In the cot
ton schedule will be made, the ra'e
Xn ' cotton card , lap replng, silver
. i l)ing rrauced .from 10 te
I per cent i Oa ootton yarns the du-
t.i., urt to be Increased. 10 per oent,
to be taken as tha low it rate, Instead
ot 8, and the rate of the Underwood
bill ere te be Increased from that ba
sis upward. ' ...-.,-,.,-.,. .
i-v:.-,t Citrus rrolt iut .-:
' . The eitroe fruit. rJa. flaht wi aid
tbdayto have been practically 'set
tled as the rates came from the
house. , Senator Johnston's sub-committee
has not reached a decision on
the advisability of putting a retalia
tory duty on print paper from Can-
itiia, owing to Canada's res'.rl :tlons
on wood and wood pulp.' -
The agricultural schedule -still l
under debate. Some senators favor
a duty on meats, flour and' oatmeal
Instead of placing cattle, sheep, hogs
and grains in tree list Members ef
the sub-committee are Inclined to
free list the raw materials, but they
said today that the sentiment of the
senate would be sounded further be
fore final report on this question was
made. President Wilson has been
consulted, but hie views of the mat
ter have not been discclosed.
The ' tub-committee working on
administrative features considered the
possibility of amending the "anti
dumping" clause to take in articles
on the free list and worked on a mod
ification ol the provision to compel
foreign manufacturers to show their
books to Amerioan customs agents.
. Several nations . have protested
against it
Neither the house nor the senate
was in session, , ' .
Railway Mail Service.
WASHINGTON, May 1. Alexan
der H. Stephens was today appointed
by Postmaster-General Burleson
general superintendent of the railway
BRISTOL JUMPS OUT OF
TPUH LEAGUE
Could Not Stand for Fines.
Imposed Upon Manager
Munson.
BRISTOL, May 31. Because of the
attitude ot President Jacob Smith, of
Cleveland, Tenn., In regard to fines
Imposed on Manager "Red" Munson
and five of his players, by Umpire
Harry Nlckens, and because of state
ments In a letter from the president,
which the local club considered as se-,
rious reflections upon it, , Bristol to
night surrendered Its franchise in the
Appalachian league.
Simultaneously with the notification
of the president, a message was sent
to Mlddlesboro, Ky., where the "Boost
ers" are scheduled to play Monday to
the effect that they will net be there.
The league of ltll has been com
posed ot Bristol, Knoxvllle, Cleveland,
Rome, Ga., Mlddlesboro, Ky., and
Johnson City.
CALIFORNIA 'WOMAN WXXS.
PHILADELPHIA. May 81. Miss
Mary Browne, of Los Angeles, Cel..
today won the Pennsylvania and east
ern state singles lawn tenuis cham
pionship by defeating Mis Edna
Wildev. of Plainfleld. N. J., in the final
nmnd of the tournament at the
flrtopet-ttobf-- -
Through with the Important
mall service, vice Theodore togalla
Mr. Stevenson at present is district
uperlntendent of the railway mall
service at San franclsco. Mr, IngalU
will be appointed district superin
tendent. . , , ... ; -.
Goa to Supreme Court.
WASHINGTON, May II. -The con
stltutionallry' of the Florida law ef
111 prohibiting the sale or the ship
ment from the -state of Immature
citrus fruits la te be passed upoa by
the supreme eourt of the United
States., 8. J. Sllgh, t of Waycrosa,
Oa. convicted ; ot. shipping Immature
oranges from Florida to OeorgU. to
day docketed aa appeal la .the lu
preme court - t ,
;-,..;', ; V nu I i' " '
ATLANTA MAN BXLXA SEXT c
.' WASHINGTON. , ' "Way ' .li-r-Arter
having swallowed the content of a
bottle containing poison, a man be
lieved to be Frank P. mlth, of At
lanta, Ga., was found In a dying con
dition In Potomac park, south of the
white house tonight. He died shortly
after 'being rushed to a hospital. In
his lodging house several letters In
dicating that his wife was In Atlanta,
were ound and the polk of that city
were nottfed. His business eould not
be ascertained.
COAL FIELD HCVE8TIOATIO!f.
WASHINGTON, May ll.-The sen
ate Investigation of conditions In the
strike district of the West Virginia
coal fields got under way today. A
subcommittee named of the education
and labor committee, will begin the
probe Monday and Chairmen Swan
son said every effort would be made
to exipedtte the Investigation.
, , OOMGRKSftMAJI IS DEAD.
BALTIMORE, May , II. Represen
tative George Konlg, democrat, of the
Third Maryland district died of pneu
monia at his home here this evening.
He was S7 years old.
JAPANESE HEPLY TO THIS
Secretary Bryan is to Hear
More About the Alien
.Land Act. 1
WASHINGTON, May II. Japan's
rejoinder to' Secretary, Brysn's reply
to the Japanese protest against the
Calllornla alien land legislation will
be suhmllted to the state department
early nest week, according to present
plans, I This was mad known today
without suggestion as to - probable
enntenta Notwithstanding pressure
from certain quarters at home, how
ever. It Is regarded as doubtful that
the Japanese embassy 'has con
cluded to turn to a- reeueet for
amendment of the American, natural
ization laws aa a' solution of the pres
ent issue. '
The successful treatment by the
Canadian parliament of complaints
from British Columbia, of the com
petition of Japanese has attracted
the attention of the , negotiator on
both sides tn this country.
GASOLINE ALL OCT.
DETROIT, May II. Harry Jf. At
wood, en route from Sandusky to
Cleveland across Lake ' Erie in a
dydro-aeroplahe was picked up near
Amherstburg, Ont, this evening. Hi
gasoline bad given out and hi ma
dhine wa bait under, water. He t
irWlllui;tbAtAJjaw,
Two Negroes Were'; Instantly;
Killed on South French
Broad Avcnuo .
MADE HIS ESCAPE,
Jack Bruton Is Sold to Havo
Fired When Companion
, ' Dlsohoyed Him
Gila Austin and Suule Belle Oxpea
ing, both colored, were shot aad la-
subtly killed last night shortly before
U o'clock at a negro dance halt ea
South French Broad avenue, Just aee
of Bouthsld avenue, and members ot
the police and sheriff's department
are searching the elty for Jack Bru-f
ton alius J auk Berry, colored, who la,
said to have fired the shot that re
sulted tn the death of the two ne
groes. The alleged murderer made
his escape juat after the double mur
der and t an early hour this roorn-'
Ing no Idea was entertained aa to big
whereabouta, z . ' r V ,
The dance hall it l said, Is con.'
ducted by Fraik. MoUee, colcu i, and
Cal WfUlama colored, aad each night '
dances are held at the building. The
structure Ig arranged tn such a man
ner that the dancers purchae tickets
Just before entering . the door, and
opposite tha door la a counter fct
whloh soft drinks, are sold, - Accord
ing to wltneeaoe of last night's tragedy
Bruton went to the dance hall with
the Opening woman. After she had
pudchaaed her ticket. It is reported
he aeked her not to go Into the ball,
stating that he had decided that he
did not ear to danpe, 8he la reported
to have thrown open the door In an
efTort to enter the room and .the
other heiress was at the counter op'
posits the door drinking. Bruton
seeing" that his companion was enter-
ing the room, over tat protest, It 4
stated, whipped his pistol from hi'
pocket and. fired at her. The bullet
mtased Its mark but. struck h ne
gree at the eounter, entering bet
left eye, and she. died wtrhmu know
ing What, kiried her, .'eirg that Is
had afale fno o the rsiions et the
dance hall Bruton U sidl tn r.jtve i .
oome enraged end oursed the Copn
ing woman, swearing that he would';
fcfll her tor her action In going Into'
the room. Before aha eould olose the,
door in lea time' than one ean tell
of the llllrvr he I said te hare shot
again, 'the .bullet this time . taking
fContlnmixl on fe Flehtl
KEBR VILL SECURE
POSTOFFICE IT curiTGri '
T 1ST DEUY
Matter Has Now Been Bet-
tied to Satisfaction of
All it Seems. r ,
EN ROUTE HOMS ;
"I ".
(By George H. Mannlnf) ' 1
WASHINOTONf May II. (Special)''
'The charge made against D. J.I
Kerr, who was recommended by Con-f
gressman Oudgef tor postmaster at)
Canton have been "thrown out" by
the postofflce department and Kerr
will be nominated by the president In
a tew day. I
Kerr arrived here today and with!
Congressman Gudger called on Post-j
master General Burleson and careful-
ly want over the numerous charge
that Kerr was not a paturallxed
American-citizen ; that he was not the
choice of the patron of th office and
several other charge of a more se4
rious nature perferred by F, M. DavlsJ
F. K. May, J. F. Daily, T. F. Reynold,'
E. t, gmathers and Rev. H. A. Bmath
ers, of Canton.
Kerr previous to the time of filing"
the charge was under the bnpressionj
that he was an American eitlien and;
since that time haa filled all the re-j
qulremenU, In vestlgatlon ha shown'
that the other : charges against him
oouid not be substantiated. The Inn
pression given at' the postofflce d-4
pertment today wa that Kerr , will
now be appointed without delay. Hel
left for AshevtUe tonight I
Congressman Stedman returned
here today and called at the postof
flce department t( ee why almost
all the North Carolina postmaster
have been nominated, except la hi
district where all ef th thirteen recj
ommended by blm only one ha beeif
nominated. He could learn of no
special reason tor delay except at
Reldsvllle where Simmons I jnaking)
a tight against Oliver who was named!
by Btedroan. Beveral J nomination
will be made In Stedmen's district
Monday. , . -
. THE WEATIDSn.
WASHINGTON. May It Forereglf
for North Carolina: Unsettled (3un4
day; probably local showers; Mon
day talr. light; to moderate variable
wind'