. COCDER "ESTABLISHED 1868. THE s UNDAY CITIZEN DEDICATED TO THE UP-BUILDING OF WESTER NORTH CAROLINA" 28 Pages 224 Colazss ASHEVILLE, N. O, SUNDAY MORNING, JANUARY 22, 1922. PRICE 7c ON TRAINS 10c, .'ILL ASK PROB nFSnUTHEftSTER Traffic Men to Recom- I mend General Investiga tfon by Federal Body. ISSUES STATEMENT State Corporation Com mission Telia of Confer ence Held in Atlanta. TIALKIGH. N. C Jan. 21. -Tha irstitutton of gneral invostiga Ln Wo freight rate, to all polnw the southeast will be recom tn the interstate commis si, v. rnmmlssioner Eastmsn, of ! ... hMv. In consequence of the men's conference In At- .ma all thla week. . u.mhcri of the North Carolina rornoration commlaaion. returning to liaieign wu?. w. lowing preparea u.winm. tnf the conference: . f ti conference "was called to '-..Maria reauest made to . the rrl commission Jointly by the Southern Traffic league and the ,,iirr..ri!L that the commission, on 1W own motion. Institute a general Invectlgatlon of ratea to all points In the southeast, as vet out In the folk wring schedule: , ' Mrst-class rates between south, eastern and Carotlna territory on the one hand and Ohio river cross ings, Mississippi river, crossing tult and south Atlantic porta on the other hand. .. "Second -class r it t between southeastern and Carolina territory on the one hand, and so-called rntral freight association terri tory, on the other hand, including Buffalo and Pittsburgh; territories, and also including St. Louis and pnlnts tn the Illinois freight com mittee territory. . . "T!ilrd-clas rata 'between Vir rlnla cities, eastern cities and eastern Interior points, also New England territory, on the one hand nl southeastern territory on the ether hand, . . "Fourth-class fates between Vlr-(tinii-, cities, eastern cities and east ern and interior points, also New England territory on the one hand nd Mississippi valley territory on the othef hanfl, , "Fifth-class rates', to, from and between points . within ' territory governed by . southern , classlflca ton - , ,i , ' "The North Carolina commission objected to the involvement of In trastate rates In- the- investigation, :eomprehended ,tJt paragraph fi, or ny involvement or Interstate rates to and from North Carolina points .whtoh have"een "readjusted under )ecent order of the federal com tlsslon. 'r''.'A'l 1 ;. . "Commissioner5 Eastman, an I noonced that he expected to reeom kmend that tha commission lnsti- imu geaerai invesugauun, iiuni the lines Indicated but that he would recommend eioludlng from It Intrastate rates, and that with respect to the hew. interstate rate to North Carolina points, any change In tha recently fixed vir Republican Leaders Are Hostile To Agricultural Interests Says Harrison "WASHINGTON. Jan. 1 2 Presl. dent Harding. Secretary Weeks and otner republican leaders were to- aay declared by Senator Harrison, democrat. Mississippi, to be hostile to agricultural interests and to be aiming to destroy the agricultural bloc in the senate. "The administration's main flarht now." said Senator Harrison, who is a member ot the agricultural bloc, "is against the agricultural group for fear it might put through some beneficent legislation for laj-mers. The Mississippi senator also at tacked the emergency tariff law, declaring that it was an "absolute failure" and contending that prices of farm products had decreased after its enactment. This state ment was challenged by reaubll can senators. President Harding's recent ad dress to congress In which he de plored group legislation. Senator Harrison said, was "aimed from start o finish agajnst the agricul tural bloc of the senate." A "re action" to this speech was immedi ately registered byjarmers he add ed, and "to get from unde.1: Pres ident Harding called the agricul tural conference which will con vene here Monday. This confer- was "cam' ence, the senator said ouflage." "I wish it every success," he added, "but In my very heart I be lieve It s a device, a piece of cam ouflage. The' President came to congress and aooke against the bloc. He felt the reaction from the attacks upon the agricultural in terests. After Secretary Weeks' New Tork speech there .was still greater reaction. And in order to get from under he Uhe President) calls this conference. I wish it success but what that conference will do will be to accept the rec ommendatlons of the Joint greanlonaJ committee of agricul tural Inquiry aria adopt resolutions asking their immediate passage. Senator Harrison suggested that the opposition to the agricultural bloc was born of resentment against success of the bloc's activ ity "in forcing revision" of the re cent revenue bill. Declaring: that "what the Amer ican people want Is less conferring and more action," he declared, that the President's unemployment con ference had accomplished little. "They discovered that six or seven million men-were out of em ployment," said the Mississippi member, "but got nothing done." HIGH WATER MURPHY D HALTS TRAFFIC Water Covers Track Near Fordneys, Beaching Flood Record. LINE CLEAR TODAY, STATES MULVANEY Flood Stage Predicted for Southern Rivers Frencn Broad Unaffected. - Oil ADOPT PRINCIPLE VISION OPEN DIPLOMACY AT A R MSPARLEY VOICE ER cot LAINT LIQUOR ACTIONS i OF PARTI RUNNERS BATTLE N WASH OLICE INCTON Republican F a c t i o n Is "Riding for a Hard Fall," Predicted. (9 ftrrnamfmM, TU ittmSlt OtXjra) HICKORY, Jan. 21. Prediction is freely made In local republican circles that the Morehead political machine, which at present is having every thing Its own way In the distribution of offices, is riding for the hardest fall ever experienced by an organisa tion In this state, A well known Hickory leader, who was in the fight to oust the late E. C. Duncan, said the demolition at the 111! Raleigh convention would ntt be a, circum stance to that which will be attempt ed when the Or O. P. host assembles again. , '" ,: I ' ' ; Dissatisfaction. It Is said, obtains over a large part of , the state, and republicans here are reading with in terest reports from "Washington. At ant there was a disposition to minim ise these, but direct word from other polnta ba. tends to hwtw th fact that the complaints were real and not Imaginary. . . ' ' . The contest here hid Its origin In the local postofflee fight, In which Raymond L. Hefner, A. L. Deal, and Horace H. A bee were the three to qualify for the appointment. If. H. Miller, another Hickory republican failed to get a rating, but at the ln stance of some leaders here, It Is aid, the appointment of Hefner or one of the other applicants was held up while two civil service men cam here to make another- Investigation. cini. iti.. xr.u x.ii. .ui.. I It Is freely predicted by Mr, Miller's the others are not giving up. relationship of ratea should be ex eluded from it. . I . "Ho also agreed that he" would Incorporate In his statement of the scope of the : Investigation a to Ohio river and western rates to Carolina territory the term, with relation to the rates, to Virginia cities." This Is also a concession to the North Carolina viewpoint, in as much as tha revision of western rates already proposed by the car riers to North Carolina points, is more In relation to the general ad justment to Atlanta and tha south east generally which la on a higher level than the Virginia cities ad justment. "'.t:.,v-;;.:;r,!i'-.i.-;''i,.-i.',iv-, "If the commission enters Into ths widespread investigation, as it flow seems assured, it will do the broad scope of It affecting every shipping point In the southeast. will necessarily require a 1 long period of time to bring" It W a final conclusion." . . . ' Mr. Hefner Is declared-to have re ceived the endorsement of most of the business men tn both parties, and since he has been assistant post' master. for a .number , of years, his friends are hopeful that he will land the lob of postmaster. Hefner and th nther candidates srs republicans, and democrats are taking little Inter est in the local contest except as ob servers. -. - sj Hefner's advocates say he is un doubtedly the choice of the patrons of the -office, who oognt to oe given consideration, ana tney are going ., war llr nn the aoore that the More head organisation Is steam-rolling nver wnrkinr reDubllcans. Mr. Hef ner himself ha taken no stock In nnannr controversies snd has ac quitted himself, as having the other candidates. In a manner that cannot be used against htm and his friends. STEEL IXDTJOTRY WANTS DECREASE WASHINGTON. (Jan. It. The steel Industry asked the Interatate commerce commission today In Its investigation Into transportation We levels to remove entirely the 0 per cent , Increase in freight t granted throughout eaatern territory in August, 1920. Thla U " Kinuni reaucuon so iar tv wiested b,v shippers since the om I mission re.nnnH th. nrl rate nuestion. Spokesmen both' for the i nlted States Bteel corporation nd independent producers joined In suggesting tha 44 per cent de crease. "" .. ,. .i'--'.;. :'. V, ( L- C. "Billy, traffic" manager" of the Carnegie Steel company, steel corporation aubsldlary, asserted 'n c steel . products "have long I'Orne anrl a pa .till kurlni, mnn. than their proper pro rata ahare i vi irsnsportaUon charges.". ; F. A. f'Rrten, for Jonea and lAughlin, Inaependent producere, and H. C Uawford, for the Cambrl Steel jnmpany, of Philadelphia, joined him in asking the removal fo the ' Per cent. Mr. Ogden declaring Jnst the step would result In Mlmulatlng of business, greater f iicrstlon of Iron and steel mill. tyind Increased traffic for tha rail j 'ads." . . . , John A.v Topping, chairman ef nd Steel company, speaking for independent producers declared 'hat "normal conditions can not b r"alored in the, iron and steel In oustry unless a substantial raduc "on in transportation charge is f Tected," He added that produc es had cut costa to the limit, but "'at the consumers In the long; run cntrolled the price level, and the selling prices had to be fixed to meu the ability of consumer to MISTRIAL RESULT ' it IN BMBIZZLEMENT CASI X niClUIOND, Va., Jan. Mistrial resulted today In ,the case of the "on Blundon, charred with' embes- xiement of funds of , the Common- -VT.'"1 National bank of Reedsville. i ne jury yem discharged by Judge "Tldmund Waddill, Jr, Motion was w tered for a new trbf, for which Judge iWaddill declined td set a date. sUt- hr that, th riirnia 4 nil nrmiecuHon . Hl be notified ao days prior to the i;oinel Kltindon under 10,00i bond. ' arimrrrTTNjUATj MEET IN WASHINGTON WASHINGTON, Jan. 31. FIv days have been allotted to tha na tional agricultural conference hinh meets here Monday to study the conditions of tha farm ers ot the United States and sug gest remedies to meet the aitua. tlon. . The program made public to day by the agricultural depart, mont tndnv showed that the pres ent acute distress of the farmevs tsl to be given flrat conalderation after which the conference will take - up consideration of a per manent agricultural policy design ed to avoid periods of -depressions such as at preaeni larce mo p'.tilnt Harding win open the 'nnfrnce Monday and will be rniinrit hv Secretary Wallace, nrill outline the purpose of h thrlnsr. Reoresentatlve An dersom - Minnesota, cmitmsn 01 the Joint congressional committee of agricultural inquiry then r will nek nn agricultural prices and the present situation. r, nrirrkTiEW SttES DEDMAN ON SLANDER AIXEGATION usiwires o , tss MssviM.e cmiaa it. u 0. iRH.vn '. WASHINGTON, D. C, Jan. Jl. Sam Bucklew, former captain In the ftanty, assigned to the United PobllC Healtn service at vrmii., a r .nrf Aahnvllle. has filed a suit here against Jamea E.. Bed man, under whom he worked, at Greenville, He alleged slander, and aska for $10,000, ll" i . Captain Bucklew ia well. kown t Aaheville and Greenville. -W attorney are Foster ; Wood 1 and to Adams Bucklew. He asserts that certain slanderous remarks were made aut him forulttlng the service. Captain Bucklew is now engaged in private endeavor here. SEIZE 100.000 AMNS 'WtllS KEY WASH IN MONTH ttrtlflTOU va.-Tenn.,! Jan, tl. t.i,u.iv nal1. ma Slightly more man J "f r of whiskey "mash", and '- ltrv outnt ' nave . in rovenue i gents-rt-he-ruiitaln L.fht Tlralnla In the past -.h .ccordina to a statement ! ji h.r. tnilev hv E. M. Adding- rhlef reoerar-prouiutiivi, Sv,. Far Eastern Committee Acts Upon American Resolutions. Sup reme DECIDE SHOWDOWN OF SECRET PACTS Herald New Era of Open Dealing for China's Eco nomic Growth. Tar " Heels Visiting in Capital, Witness the Running Gun Fight: WASHINGTON, V. C, Jan. 21. he national capitol became wild and wooly today. A running pistol duel between bootleggers "in a high-powered - Packard . car - and police officers in a Cadillac en livened, the arms conference, con gress and thousands of individuals. Fred J. Coxe. of Wadeboro, one of the spectators, said when the free show was. over and he had quit dodgiilg bullet "the- moon-; shine district of North Carolina1 were like a -Sutiday. school com pared to Washington , The Packard-machine, loaded with North Carolina corn' liquor, came in from Virginia, crowing the long bridge ovtr th Potomac river and ' met waiting squad or. IMstUsf, of Cg. rumbia'-'deteeffves. The boolleg gera machine; ran over about half of the police car, tore off a spring and a mudguard and proceeded te the heart ot town at a, o-miie-an-hour clip. ; It struck lth street Just south of police neeaquarters in the Municipal building, crossed Pennsylvania avenue and dashed up Grand street between Hhe New Wlllard and New Ebbitts hotels, olna within a few yards of the office of Prohibition Commlsnlonw Haynos. It proc-ajBded former to Thomas circle and to the Corner ot O and Fifth treete- where It "ran into a big coal truck ana 1 was smashed up. Along the way pistol shots were fired. ' The chase took place at an hour when the atreets traversed were crowded with gov ernment clerk. Great excitement followed the auick -run ot the big cars and the gun activity. One ot the men in the Packard sprung from the car- and was captured and clubbed in a desperate fight. The others escaped, it is Mllevea that they are the same men who ran down and ahot a police officer at Fredericksburg, va., last nignt. Donald Klne It the man under arrest. "Among those near the "Battle of Fourteenth Street" were Gen eral Julian 8. Carr. of Durham: Fred J. Coxc. Reid Page, Aber deen: Ralph Long, Wtnaton-Baiem; Miss Bettle Bryant, Charlotte, and other not heard from who were hopping . I mniriv nvini anntrR Tn nniUHlll auaw . ------ , BROTHERHOOD'S jPROrOSAIi ; !for aone four, CHICAGO. Jan. 21. (Members of the Association of Railway Execu tives today accepted the proposal hv the four brotherhood of train service enrployee that their wages and working condition oe negou aed on a territorial baoi. , tf'a Resolution accepting th pro posal favored the appointment of regional committees to, meet with the four train and erwlne service brotherhoods In "a fair effort to compasa and adjust all points now at issue, no restrictions to be im posed upon the consideration of any and all question of wage and rules governing; wpraing cona tions. .- -.-. ' . i-i ' If a mutual understanding Is not reached at regional conference the matter I to be referred to the railroad labor board sji has been done in the past. The resolution , provided that territories in addition to tne east ern, southeastern and western, may he established if reads in such ter ritories so desire, or the railroad may deal directly with their em ployee. 'Thl action doe not Involve mnv abandonment by the railway of their previously pledged policy to, seek, a reduction in the abor cost of railway operation, the ben efit of .which is to be turned over to the public i In reduced rates," Thomas- DeWltt Cuyler, chairman ot the association, said tonight. "It simply - represent an attempt by direct negotiation and discussion with the leader of these four on- aanisations to arrive at a fair ana amicable settlement of the present question affecting these employ e." - -. , - triwav sTfiFi ailTIT FOR 4 DAMAGES AGAINST WAN HOUSTON, Tex., Jan. Jl.-Sult for $200,000 damages against the invisible empire, .nign oi me v u Klur Klan. Incorporated un- ir tha lews of Georga, was filed here today n federal court by Ms Melb. Meyers The petition allege the recept by Ml"" Meyes-o threatening letter from Richmond Klnn, No. , which he assert waa damaging to , her cnoracter and reputation. , "Washouts and flooded track con-lyesterday halted all traffic on the Murphy division ot tne soumern railroad and train eervtce between Aaheville and Murphy wa at a standstill. A record high-water mark for the division was reached near Fordneys, where the water covered the tracka for a space ot about 3S0 yards, a a result of the steady rains for 36 hours, 8. J. Mulvaney, superintendent, stated at a late hour last night that the mln had ceased and the lines will be cleared in order that schedule may be resumed by 13 ocwck to day. A force of 0 men, in five dif ferent places, were placed at work yesterday to clear the tracks. Brldee umber remainea iniatx eiiu although foundation were par. tially washed out. there was no floating away of material. It 1 estimated by officials that 'the total damage to tne lines win oe bp proximately $2,000. i The three main points of ob structlon reported by Mr, Mul- vanev last night were a follows; two auneorta of trestle washed out and swinging witheight feet of fill washed away near : Anarews; bridge with one support swinging and foundation washed away near Dtllsboro and slide at Talk moun tain, near Fordneys. with water over the track, i Several other minor washout and obstructions were quickly repaired and tne track cleared and failed to have any effort on the Interruption of ffrvio TRAIN MOVEMENTS ' HALTED BY WATER Train number IT left Asheville yesterday morning at l;0 o'clock and reached within one-half mil nt Aixtrewa. naaaenger w!ked a short distance to the station. and the train wa backed to Nantaha la and halted, Thia wa don In order to have the crew at the tele graph station -which 1 located at thl poliy. Number 18 left Ashe vine yesterday afternoon at, :6 and reached Bylv. a owano of St miles. Last night the tracks were cleared and tfte train moved forward under oroerv-to nryson CHra dlgnc ef 12. Billet f ram Tra In number 1 1. wntcn, ' Murphy yesterday morning at S:S o'clock reached Bnson City, a dis tance of 64 miles and was b.alted. Number" 20, scheduled to leave Murohv at 10 o'clock wa held In that city and no attempt wa made to operate the train during tne day, ' Bunerintenaent Muivaney last night expressed himself as pleased with the work ol the crewa in clearing the tracks and at 2 o'clock this morning a large part ot the work : had , been Compus.ea. an crew worked steady all night In an effort to "have the tracks read for traffic early this morning. The distance from Asheville to Murphy t 120 mile and two trains are op erated each way dally. ' ' NO DANGER OF " HIGH WATERS HERE ' . Th Immediate! vicinity of Ashe ville was not affected by the heavy rains reported in the extreme west ern section. Rain at various in tervals failed to .show any sign of causing the river to reach a flood stage. An engineer on duty at the plant of the North Carolina Elec trical Power ' company, on the French Broad river, stated at 1:20 o'clock this mornjjjg; that the river wa only about two feet above nor mal, although slowly rising. u wa asserted tnat due to tn low water mark-of the river, it would be necessary for a rise of about eight feet to cause any de gree of trouble. The engineer at the electric plant were confident that the rise wolud not be notice able. FIjOOD WARNING IS ISSUED IN ALABAMA . MOBILH, Ala., Jan. 21.--Warn tng that flood stage on the Ala bama ana Tomblgbe liver would be reached Sunday was Issued by tne - local weather observer this morning, The warning states that the Black Warrior will pas flood stage of 40 feet and will reach 66 feet by Sunday. On the Tombiabee the river will pas flood stare Monday arid continue to rise until next Friday. . . , TENNESSEK RIVFR REGISTERS 2 FEET CHATTANOOGA. Tenn.. Jan. 21, Th Tennessee st T o clock to night registered 22 feet on the local gauge and wa three tenth or foot per hour, ; v The local observer forecasts a flood stage of 12 feet by Monday at Chattanooga,.- 31 at Ountersvllle, Ala., by Tuesday and 21 at Flor ence, Ala.i by Tuesday. "Warnings of flood stages over thj lower rlvov were Issued by observer Plndell. Thirty reet nere will cause the overflow of the lower sections of ths city and compel many families to leave their homes, local author ities have . taken precautions to meet any .emergency, v r "WASHINGTON, Jan. 21. (Bv the Associated Press.) Two more American resolutions based on the principle of open diplomacy and an open door of commercial oppor tunity In China were adopted to day by the far eastern committee of the Washington conference. The nroposal lor a showdown of ell international agreements affect ing China's Interest, presented to day by Secretary Hughes, was given committee approval only .sfter it had been freighted with Upwards of a score ot amend ments, but American spokesmen Irfilsted tonight that Its meaning had not been materially changed. Under a supplemental declava- tloti proposed by EHhu Root and accepted with little debate, th powers agree not to support In th future any engagements enterei into by their nationals designed Tn create special spheres of influence or exclusive opportunities within Chinese territory. Taken together, the two decls Ions were hailed in American quarters as Insuring a new era of ot.on dealing and fair play in all that pertains to Chinas economic development. By the Chinese delegation, however, they were not received with an equal enthusiasm one Chinese spokesman saying his colleagues on the delegation were "not very well satisfied" with tho final form of the much-amendel proposal for treaty publicity. EXPRESS DOUBT AS TO INDIVIDUALS ' Among the Japanese, the Intent and substance of the publicity resolution were given warm appro' haticn, but grave doubts were e.; pressed ss to the possibilities of us practical application to engage ments and contracts made in China by private Individual. Throughout the committee debate the Japanese plenipotentiaries held to tneir view that the Toklo rov eromcnt had no authority to com pel Its nationals to divulge details or their engagements In China. And It we ald tonight In Japanese ttrclf that the qualifying phr.ise under which -Usts of Chine en gagement are to be "as nearly contpin a rosy r -rwbi, might turn out to b one of th moat aigmficant feature,: of th resolution. ' . . A:.- A adopted the Hughes fropoaal provide that the power other than China agree to compile list oi ineir own commitments and those ef their nationals in China. and to forward the text of these agreement to the secretary-general of the Washington conference a soon a convenient. Future agreement Of the same character must be similarly filed within (0 day sfter completion, In two ad ditional articles, China agree to be bound by the same stipulation as to Informing the other powers, and nation not represented her are Invited to adhere to the arrangement. A point stressed bv the Chinese In their criticism of the final form or tne agreement was that it con tain no provision for filing any contract other, than those to which one of the signatory govern ments or it local authorities ar a party. Bom ot the most important railroad and loan contract now In force In China, the Chinese dele gates says, were concluded between foreign . individual and minor Chinese signatories without th knowledge or authority of th cen tral government at Peking.' MAKE CHANGE IN SCOPE OF PCBUCITY" In committee revision of the resolution, a change also waa made In th scope of the publicity pledge by eliminating a provision which many delegate regarded a clos ing the door kgainit future as sertion ot government support for any contract not Included In the proposed list. In the original text th power would have been re quired to list all engagements of private individuals "on which their respective government proaose to rely1 but in the Anal draft thl qualifying clause is omitted, leav ing only the stipulation that the Hats must be "as nearly complete a may Be possible." The committee atoo modified at tha auggeatlon of the British, provision that- all publlo utility concession involving an obligation of more than 11,000,000 allver, on the part of Chinese authorities must be included In the Hat. Ellml nation of the $1,000,000 minimum waa voted after- th British had argued that It might be unfair to compel business . interest to dl vulg the, exact amount Involved in their contracts. i Pope Benedict XV, Head Roman Catholic Church Dies In Rome Of Pneumonia Stone Condemns Congress As Lacking Men Of High Calibre; Urges Constitutional Remedy SO so APPEft CHICAOO. Jan. 21. Melville E. i Ftone, formerly general manager of the Associated Press, In an ad- dr'S!.- tonight criticized parts or the constitution of the L'nite.1 Stales as leaving this country with out a leader and condemned inr congress as lacking men of hlgn (.allbre. Mr. Stone was guest of honor at banquet given by the Commer cial club. He prefaced his talk on some of our problems." with the statement that this was the first time he had ever felt free In an address to say exactly what v.o tnoueht. 'During the years I was general manager of the Associated Press l could not express myseir on par tisan matters for fear some one would think I wa representing th" attitude of the Associated Press which necessarily has to remain non-partisan and Impartial In all matters." said Mr. Stone. "Now that I no longer head that organi zation I can say what I please." Declaring that Germany, through Ilic war, had left us "a world In whlrh It was almost Impossible ta live' because of the many prob lems which were resulting in chaos, Mr. Stone "suggested changes in the constitution as remedies, say ing it was unworkable because It provided three equally co-ordinat-e.1 branches of government the judicial, the executive and thj legislative. The Judicial dominat ed, he said. Mi'. Stone said the relation ot the President to congress had never been settled and consequent ly we faced many complications. "1 think every student of out system must agree that our ns llonal congress tls not properly composed nor its authority prop erly defined,'' he said, "the 17th amendment providing for popular election ot senators certainly has not Improved th personnel of that body. It I almost a difficult to name the conspicuous members of the. senate as to repeat th words ot the national anthem. ' "And there I omsthlng wrong with th house. It membrrs all earn to hav district mind. There Is no leadership In either house Instead there Is something well nlah to chaos. "Out of ths confusion Imposed by a chaotic congress, party1 rule has nearly disappeared at waan ington. and a system of bloo con trol i developing." ATS PLAN 15. C. M. PLATT T D YE TO FIG BILL TO FINIS Condemn Anti-Lynching : .Measure as "Violation of Constitution." ; WASHINGTON, Jan. 21. -Dmo-cratls member of th hbusa at I caucus tonight agreed 'to wag a fight to the finish on the Dyer antb lynching bill. - A resolution was unanimously adopted assailing the measure a"'Vioiave of the con stltutlon" and one that would have tendency of increasing lynching rather than ot reducing the crime. Those who' addressed the caucus, member reported, without voi tlon attacked the bill, and urged, the democrat to stand solidly in opposition to It. ,"; ' . V- i The resolution adopted follows; "Be It resolved by the democrats of the bouse of representative in caucus sssembled that we are op posed to lynching and declare our opposition .to H. R. 13, the so called antt-tynchtng bill, , as being violative of the constitution snd destructive of our dual form of government, and would not tend tq reduce the crime ot lynching but m our judgment would hav con trary effect. ...'.,'. "And b it further rmolved that we appreciate and approvo th course -ot our leader. Mr, Oar ret t. and , the democratic member nf the Judiciary committee In their opposition to aald bill and pledge to them our united support In it further consideration. , FORMER GOVERNOR HEAD v OF MEMORIAL EXERCISES FOR I.C; SENATE First Woman Delegate to State Democratic Convention. MALADY ED OL WILLIAMSBURG, Va Jan. 21. Memorial exercise for General Robert E. Lee were held here to- diy at the College of William and Mary with Charles Hlilmon urougn, of Llttl Rock, Ark., former gov ernor of that state, and now presi dent of the Good Roads Association of America, as the speaker. Mr, Brough paid high tribute to the memory of the "south' noblest son,", declaring that General Lee possessed the moral fibre of a Lin coln, a Orover Cleveland, a Theo dore Roosevelt and a Woodrow Wilson." Lee's war career was a miracle ot military history, the speaker stated snd his leadership of th south has don more for th mJ esty of the federal union than any other one thing. He said that when Marshal Foch wa a professor of military tactic In the French army college the generalissimo ot th allied armies taught the methods of General. Lee and those of Na poleon a .: model of . military science. Mr, Charles Malcolm Piatt 1at night announced her candidacy for nomination o the democratic ticket in tne state senatorial race, when Interviewed by a represent tlve ot The Cltlsen. Mr. .Piatt,' who le one of the pioneer leader for women lunrrag,, stated that she was acting , upon advlc of friend and had carefully conald ered th matter before deciding to enter the June primary. . ; "-. Others, V whom' It I reported, would seek the nomlnajtlon ar Plato EWbs, Judg J. D, Murphy. George Craig, son ,of Ex-Governor -.jaiK, JUB WUIICS Wilt UIII B. Anderson, y V:. ' : r The announcement of Mr. Piatt for th state senate, came as a bolt out or a crar sky as it was gen erally rumored "thai;.; she would seek honors .-- a the democratic nominee for congress, this however waa denied by her Friday, eh wa th second president of th state suffrage party and ha been active from - the first organisation of th party, until it merger Into other party ranks. Mrs. Piatt re cently received from Washington a certificate placing her on the honor roll of "soldiers of suf frage'" by the, National American Woman Suffrage association. The honor certificate lulgned by Car rie Chapman Catt. president, and Justine L. Wilson, secretary. She was ths first woman appoint ed as a delegate to th state demo cratic convention and tha only wo man to campaign th tenth con gressional district in th Interests of the democratic party. L It 1 as serted that in com instances she mad three speeches par day and wa generally active in promoting the welfare and harmony of th party u tne tentn district, v , A native of Buncombe county, Mrs. Piatt's genealogy dates baok with seven generations of natives of thl counity. . ; Her great-grand- tamer, wunajn Brittain, was the first member of the legislature from Buncombe. Thonuu, Foster, her matsrnal great-grandfather, served for eight year a itate sen. ator trom Buncombe coujijy. PLAN ARBITRATION ON STREET CAR WAGE SCALE JtRf DEADLOCKED IN STEWART CASE TRIAL OF THOMAS MAT LAST THROUGH WEDNESDAT WEATHFJl BUREAU FLOOD WARNINGS 1 -'WASHINGTON. Jan. 21. Th weather bureau tonight ' Issued flood Warning for the French Broad, Middle Tennessee, Etowat, Oostanaula, Coosa, Upper Ala bama, Cahaba. Black' Warrior and Tomblgbe river. :i.v n ' l , FORMER CONGRESSMAN , GILBERT PATTERSON DIES MAXTON, N. C Jan. tl-Gllbert B. Patterson, representative In con- Sress from the lxtb North Carolina I strict durlnar the terms 1902-1907, died suddenly la his law office hers thla afternoon,. Us wa H year of age. ' . - Mr. Patterson was an active fig ore In oolitic, bavin served two terms In the general " ssembtyef Mortn Carolina neiore me election to congress. He la survived by ens daughter. Mis Mary Mc.Vair Pat terson. of Masten. - CONCORD, N. C Jan. 21. Cor roboratlon of th testimony given yesterday by John McDuffle, slate's witness in the trlsl of O. G. Thomas charged with killing Arthur J. Allen,- featured today's session of Cabarrus Superior court. Th testimony waa given by K. E. La wing, who swore that he had talked with McDuffle on the night of .the' tragedy shortly after Mc Duffle" ald he saw . Mrs. Robert Lowe, in a small sedan car near th Lawlng tore with a man wear ' MACON. Oa. Jan. 21. A Jury In Bibb county Superior court tonight apparently Is deadlocked over the case of A. H; Stewart, former city treasurer, who waa tried on a charge of embezzling more than 19,000 of city funds. The case wa completed at 4 o'clock thl afternoon snd th Jury began deliberating shortly after E o'clock, At 10 o'clock there wa no Indication of an tarly verdict. Judge H. A. Mathews, before whom th case wa tried, had gone to hi home In Fort Valley to be ready to go to Atlanta Monday where he will preside In the trial ot Frank Dupre, alleged bandit. Ing a khaki ahlrt, that McDuffUjand Judg Malcolm Jones will re told him then the same story ha told on stand. McDuffl' descrip tion ot the man and th car coin cide with the description of Allen and-the car he drove on the fatal night.- 'at- - :' A -number of character and re buttal witnesses were Introduced today but np new evidence of out standing character wa presented. It ' wa . conceded ' tonight . that there I atrong probability that the trial which begun last Monday will not be concluded before "Wednes day. Presiding Judge i. Bl Ray 1 scheduled to hold court in Chero kee county next week and Solicitor Clement -1-Mont fernery-. -Court Jn both eountle will b postponed until sfter th conclusion of th Thoma tral, It waa announced celve the verdict ot the Jury here. The Jury wa locked UP at 11:20 o clock tonight until Monday morn Ins. . ..,. RICHMOND. Va.. Jan. 21. At conference her today official of the. Virginia , Railway and Power company accepted the proposal of tne city council or Norfolk ta aub. mit to arbitration the wage tc.il under which motormen and ton ductora on th line of the com pany in Norfolk wilt work. Employe who quit their posts st midnight last Sunday and failed to return by midnight Thursday night are specifically excepted In tha of fer of arbitration. On this point the communication to the city council or Moriolk reads; "W-accept your proposition and agree that the city council Itself act us a bourd of arbitration, fixing wage scale to meet th present sit uation for all railway employes In Norfolk that Is, employes who have remained on duty and those who have or may be employed af ter January n." . What aftect the agreement of the Virginia Railway and Power com pany to arbitrate the Norfolk an gle of th strike would have upon the local situation could not be learned late today, - GEORGIAN GETS THREE YEARS FOR MANSLAUGHTER OVER llE E K AGO Attended to His Regular. Duties Until Ordered. , to Bed Wednesday. EVERY ATTEMPT BY MEDICAL SCIENCE Announcement of Death Made in Afternoon Is Declared Mistake. ROME, Jan. 22 (By Thi As sociated Press) -Popa Benedict' death occurred at o'clock; thl morning. ;" ' ' The end had been expected for.. several hour, Th attending phy-, slclans, Cardinal Gaaparrt and other members or tn pope a household were present at th bed From midnight alt hop bad been abandoned, and at 2 o'clock Dr. Battistlnl announced that the pop could not live longer than four hours at th maximum. ' AFTERNOON ANNOCNCFMFXT OF DRATH PROVED MISTAKE LONDON, Jan. II (By Tn As sociated Press) Cardinal Bourne's ' secretary announced thl evening that the announcement oi i'ope Benedict' death authorised by a member of the cardinal' staff thl. afternoon wa a mistake, and that no official new of . his holiness' . death had been received. .t The afternoon announcement. given by a member of the cardi nal' Uff to vanoua . corrspon dents, stated that official Informa tion had been received of the pope' death. A new agency first issued th statement that til cardi nal had confirmed, report of the pops' demise, and Th Associate.! Pros telephoned to the cardinal's residence to confirm thl. and one of th cardinal' cretarte re- Slled that they had th -ulally. i PASS DAT OF GREAT? UNCERTAINTY IN ROME It waa day of great uneer. tainty In Rom and deep anxiety among those wh rwajtched and. prayed at th Vatican, for virtually all hope of th pop' recovery wa abandoned even in the early hour . of th morning. As th hour passed, th won der grew at th recuperative pow er of the holy fathr, which en-, abled him to pas from on (ink ing spoil and another to periods ot comparative . restfulnsss . and strength. It wa thla changing condition that inspired ' hope at on moment and gave rise to ru mor of death at another. , . It waa thought that It th pop had passed safely .- through the night he would hav chance of lite ' after the dawn, and so it! proved. In th early part Of the day sleep came and seemed to gdd to hi power of resistance. Throughout tn aay great crowd gathered around the Vati can, and a double row ot royal guard took" up position in the outskirts ot SU Peter, forming a. passageway for diplomatic repre sentative, prelate and other no-' table personage, constantly arriv ing, ' V -T..:.v...,...... ", Cardinal Gasparrl. papal secre tary of state, - received a great numtber of telegrams from ' all part ot the world, including th ' from Kins George ef Encland. King Alfonso of Spain, ' the king of the Belgian and the praldene ot 'Braxll. The cardinal apent considerable time In the sick room but entered the ante chamber ahortly after 5 o'clock in the even-. ing where he was surrounded by those who had waited hour for definite news. - He said to them; ANNOUNCKS THERE IS NO FURTHER HOPE ., "I com out to announce te tha. diplomatic corps that there-i no runner nope, Tne pone mar ba conlderd a having virtually ceased to exist," Thl caused con sternation among those assembled lit tha pontlflcab apartment, and! Oasparrl was weeping he cnm( from th room tn which the pont tiff waa dying. - - n And yet. later In tne avanlnr more hopeful word wa received from the pope's bedside, and en. , each occasion th spirit of those,' In . the.,,, vatlcgn ,"wera., relatively i rffl IsaAli .... T" An all- night Vigil which Thai Associated Press correspondent " kept, In- th ante-chamber ot the pope' private apartment brought evidence that th pop clung to. life by a slender thread. He pass-i an extremely" restless night.' SEASOARD PAILS TO ... . . . PAY UP INTEREST NEW TORK. Jan. 21. Declaring that federal operation had reduced their property to a "fearful condi tion," official of the Seaboard Air Lin railway announced tonight that the company would defer payment of Interest on Us IM.OOO.OOO adjustment mortgage fives, due February 1. . Ths aeml-annual Interest payment due last August also was deferred on tin ground that 'general de- firessed business conditions" made It nadvisable to advance ''unwarned In terest on tfte tnoame "bonds-, wfrleh would take from the property money consmereo essential lo iia proper maintenance." OOCimAN, Oa Jan. 21. After being out if hours, a jury in juieoK Uv nnuntv MuMrlor oourt odav brought In a verdict of guilty of miiiilaiiefoter aaalnat Lemmie Ne mlth, and b was sentanced to three years In the penitentiary, upon rec ommendation of ths Jury, Nesmlih was iwnvioted of slaying hla Wtother-tti-law. Stoker Heath. during a dispute , over th sale of ton. hnflra. . . - ed suffering as he wa from exten sive congestion of both lungs and from the Intense agony reused by. shallow and rapid respiration. - wnen ur. Battiatint visited hi holiness in the vry , early liiura of Saturday morning the patient., rallied somewhat, and was abl I exchange a few words with those , in attendance. Wnen Battistlnl aald to th pope "I am going now,", the pop ' smilingly replied: , "Rut why don't you go." . - Oxygen wa . administered at various times, and appeared tm give (light relief. Shortly after X o'clock Cardinal Mligon cele-. r brated mas la th chapel adjoin-" , Ing th pope' bed chamber, sit-- tuated on the top floor at which member of th nobel guard were present. i- During; alt the hour of hla uf fering the pop nevsr relinquish" ed bis affability toward those of hi household who attended htm, smiling, even- bantering the doc tors, and recognizing. anl appreci ating every attention ' -from hla visitors. On his bod of pain to pontiff seemed a figure et impas tng moral grandeur. - 1 -j. What a man: What a pope. NAMFD DELEGATE WUSHrNOTON, Jan. 21. Larry I I. Moore, of New Bern, haa been I appointed tteiert-e el4ha4ea r . aamuavion.- xu run avu tural conferene being mad up by Secretary Wallace r 7i-

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