THE ASHEVILLE CITIZEN
THE WEATHER '
. North and South Carolina: Unset,
tied an the eaaat, fair In tht Iniorlar
Tueedayi Wsanasdsy oloudy, rain on
tha coaat.
WATCH LABEL
On your gaper. Renew yaw u
ecrlgtien flva daya fre expiration,
and Intur not mleetne; an leaue.
"DEDICATED TO THE UP-BUILDING OF WESTERN NORTJI CAROLINA"
ESTABLISHED 1868.
PRICE HVE CENTS
END STRIKE OF SHOP CRAFTS ON SOUTHERN
LOCATE BODIES OF
THOSE ENTOMBED
1UAUTMII
Rescue Crews Reach the
Victims of Mine Dis
aster, August 2l -
1 PIED WITHIN FIVE
JH0URS AFTER FIRE
Bulkheads Tell Story of
Fight by 47 Against.
: Impending Death.
-JACKSON, Calif., Sept. 18.
(By- The Associated Press.) All
torty-aeven of the miners 'entomb,
d In tha Argonaut mine August
27 are 'dead. It wa , announced
officially shortly before 9 o'clock
tonight.
' A note fjtuni on one of the
bodies Indicated that all the men
had died within five hours of the
beginning of the fire August 2 7,
officials said,
Alt the miners were found be
hind the second of two bulkheads
they had built In a cross rut
4,350 feet down in the mine. By
ron O. Plckard, chief of the Fed
eral Bureau of Mines for this dis
trict, was the first man to go be
fhlnd the bulkhead and discovered
the bodies.
Plckard, on an earlier explora
tion behind the. bulkhead had
counted it bodies and expressed
the belief then that there ware
Others there.
1 Byron O. Plckard, of the Fed
ffral bureau of mines, reported, he
I had counted 41 bodies behind the
I second bulkhead built by the en
I tombed men on the, 4,350 foot
1 level cross, cut In the Argonaut
I working. -
WB. F. McDonald, a mine rescue
ftew captain,- said that from the
appearance ox ins oouiea mo meu
bad been dead several days at
least. .
B.-.F, Harrington, a rescue crew
worker, telephoned that Mr. Pick
ard had been beyond this seconl
bulkhead, had encountered 42
bodies and had declared he was
positive there were others at that
point.
The note found rea,ds as follows:
"3 a. 'my Gas bad."
Tha same rtote bore a scrawled
figure "4" apparently Indicating the
same man had attempted to leave
word for those who might come
after, of the condition of the mine
at that hour.
Idcntilicatlon Now
li Impossible
Wine officials declared that the
condition of the cross cut behind
the bulkhead was such that life
could not ' have been sustained
there by the entpmbed men for
more than five hours. ,
The bodies were piled one on top
of another and decomposition had
progressed go far that Identification
would be Impossible, Plckard re
ported. ' ,
The discovery of the first bulk
head was made at B:1I p. m. The
bulkhead Is in a cross cut, this was
broken down. Behind the bulkhead
the air was very bad, they said.
After waiting a short time, the
rescue crews proceeded through,
the cross cut, where they discov
ered a second bulkhead. This bulk-
d had been built by xne en-
tbt.A miners who stuffed their
clothes In the cracks to make it air
tijtht. . , v - '
However, the air was so bad be
tween the twr fculkheads that the
rescue crews fear breaking It down
before fresh air has been restored
to the par of the drift in front of
the second bulkhead.
A fresh air station was estaD
hed on the 4200 foot level of
th. Arrnnaut mine, about 5:80 p.
m., to be used In resuscitating any
of the men, who may be found in
the workings who need It.
Doctors and nurses were rusneu
tOmHuMS m
Paa ,3'm
SUPPL
BEFO
ES
OPE
SGHOQ
LSI
May Have Delayed Open
ing Next monoay xieiu
up by Rail Strike.
Equipment necessary before the
opening of five of the grammar
NEEDED
lib
RIVE
Schools of the City, delayed on, ac-
t;ouni OI ine raw
Saturday evening, and installation
began yesterday morning. .
It Is hoped to complete the in
stallation in time to open the
grammar schools nexi' aioouoj,
next' OTonaay,
W. L. Brooker, Superintendent or
CHtt bhnnii Mid veaterdav
More than a week ago officials
found the schools could not be
opened on scheduled time because
of the delayed -shipments, and at !
that ttmA it will announced open-,
lng of the schools was aetayea in
definitely. With the equipment on
hand and forces at work some es
timate can be made, and Mr.
Brooker , offers Monday as the
earliest date.
Repairs, alterations ends addi
tions tn the school buildings have
all been completed and the slow'
moving of freight because or me
strike is causing the week's de
lay in . the schools opening, and
more time may be required to
complete the work.
Work of installation Is being
hiahi wuh , V. . .,..,n,t nnoslhle
yeed. In hopes of having - the
J.hooi buildings ready Monday.
T-M . 1 111 Til 1. D.k.n. .nit
III. ABIIVVJUV X 1 i . 1 1 dviiuui "
the West Ashevllle grammar
school were the only ones to open
yesterday morning, the time sched
uled for opening of all the City
schools.' : Assignment to rooms
and daks was made and classes
Lftill begin this morning.
1r The four negro schools in the
City will not open until this morn
ing, and classes will begin at
Governor's Proclamation Is
Call Upon People Of State To
Observe 'Tire Prevention Day9
cims jfitrt vt'iiaiu
itahtanroR aurai.
tit I ROC l SIRS IS)'
RALEIGH, Sept. 18 Governor
Morrison today Issued a proclama
tion calling upon the neonle.of the
State to observe Mohday. October
. as "Fire Prevention Uay" to be
observed in auch a way "as to vis
ualize and prevent the irreparable
loss we annually suslal
n through
i
individual neglect."
We cannot make poverty
crime while we regard extrava
gance as a virtue, neither can we
shut our eyes to carelessness and
waste and thereby postpone the
day or financial exhaustion," the
proclamation begins.
"Living in a land of plenty we
are apt to console ourselves with
the delusive thought that what we
lose we can replace. How about
what we destroy? That- which is
lost may be recovered, that which
Is destroyed by fire Is beyond
restoration. Fire means destruc
tion, not loss. How improperly,
therefore, do we continue to refer
to our annual toll of burned prop
erty as 'property fire loss.' It is
destruction; deplorable because pre-
ventaoie; criminal because mur
derous. r"North Carolina waged a more
lntenslvecampalgn In the cause of
r. n
Says England Does Not Intend
To Engage In
Thomas Car Works In
High Point Burn At
A Loss of $250,0001
HIGH POINT, Sept.-18. The
P. A. Thomas Car Works, of
this place, manufacturers' of
electric cars, was destroyed by
fire early tonight. The origin
of the fire is unietermlned. It
is estimated -that the loss la ap
proximately $250,000. A large
quantity of steel for use In con
structing cars was destroyed
WILMINGTON, Sept. 18.
Fire of - undetermined origin
this afternoon destroyed the
acid warehouse of the Ameri-
- can Cotton Oil Company here
entailing a loss of $25,000, fully
covered by insurance. Other
buildings of the plant were
" saved after desperate work by
the firemen." .. ...
ALLEGED SLAYER
:a
ES
ESS STAND
Walter Brooks Is Reliev
ed of Pistol as Crowded
Courtroom Looks on.
A dramatic moment was reach
ed Monday in the-trlal of Walter
Brooks, special officer for the. Van
derbllt Estate, who killed Laurens
West , and Emory Lance, a ' few
weeks ago, when the defendant on
the witness stand wan relieved of
a large revolver. Trial of Brooks
on the -charge of . second degree
murder began Monday morning
and the jury was secured without
difficulty.
A the afternoon.' session the.
slayer was grilled by attorneys for
the prosecution, who began efforts
to show the defendant was a man
of bad character. One of the at
torneys appearing for relatives of
the deceased men, said ha noticed
when Brooks took the' srnd the
latter carried a weapon: Upon
cross examination, the slayer, ad
mitted he had the gun in his pos
session; whereupon Judge George
L. Brown ordered him to surren
der the revolver to the Sheriff whd
wastStandlng nearby. Judge Brown
said Brooks had no right to carry
the gun when he was on trial.
Asked why he had brought the
weapon with him. Brooks said ha
carried It to protect himself and
he had received reports since the
shooting that he might be shot
down In the street. The defend
ant added that he believed, as an
officer of the law, he had the au
thority to arm himself. At this
point the prosecution endeavored
to show Brooks had been sworn
in as a special officer to patrol the
Vanderbllt Estate and not the
property of the Biltmore Develop
ment Company on which' the two
men were Kinea. isrooKs ma m
na(i been told to watch the prop
erty of the development company
by Jim Taylor, head ranger for
the Vanderbllt Estate.
Question Defendant .
About Past Ufa
The prosecution then cross ex
amlned tha defendant about nisi
past life, ssklng him If he wss
ever tried in Savannah, Ga.. for
the murder of Henry Barbjur.
They received a negative answer
and t later the - witness lrfformed
them there were three men by the
name of Walter Brooks. "V am
one of them," he said. ,"My name
Is plain Walter Brooks. . The o'ner
two are named Walter B. Brooks,
my double first cousins. One of
them is now serving a term on the
chain gang in Georgia. I under
stand the other Uvea in Baltimore
and had some trouble with his
wife recently."
Attorneys A. Hall Johnsonid
J. Sneed Adams, appearing for
Brooks, then brought Jrt the fact
that the defendant had been di-
. . n (ha mm Hh f tha
rrcwu - - - -
Aavelnnment company and Vat-1
GUN
tempted to show that the .officer
was at his post when the young
men drove op the old foad.
"I shot them down bee a. is a
they were advancing toward we
and had threatened to beat nre
. ifiaul aa nn 4
,
Are prevention during the past
year than any like period of its
hlatory, yet 16 peraons lost their
lives In, burning buildings, while
property deetructlon reached the
unnj-ecedented aum of (7,600,000.
Are we becoming more thought
less, more cureless, more wasteful,
or must we admit that we are be
coming a Ftlala of lncenHlnrtats?
I trft earn community determine the
I cause and meet the problem with
the determination to apprehend
the criminal, reform the careless,
and eliminate the enormous and
unnecessary fire waste."
Governor Morrison asks the peo
ple In observing October as Fire
Prevention Day to eliminate rub
bish, waste, and other combuatl
able materials. He aska the local
authorities to give publicity to fire
prevention ordinances, to Inspect
thoroughly all business and resi
dential premises with the view of
eliminating conditions which may
cause fire. He urges public and
private institutions to make a thor
ough Inspection of their heating
plants, chimneys and to effect such
changes as will safeguard the Uvea
of occupanta and that Institutions,
factories and, public, parochial and
private schools Instruct their chil
dren as to the dangers of fire and
accident.
Any New War
Official Circles jbo Not
Expect Kemaito Try
Crossing Straits.
ORDERS MILITARY
READY FOR DUTY
Lloyd George Thanks
new Zealand and Aus
tralia for Response-.
VANCOUVER, B. C, Sept. 18.
British naval reservists "residing
hers are being called upon for
service, it was stated today, orders
having been received from London
for them to report at ence. Military
officers who have served in Meso
potamia and the Near .East are re
ported to have received word tp
hold themselves in readiness to
proceed over-seas.
MEET tS PREPARATION '
FOR POSSIBLE ATTACKS
LONDON. Sept. 18. (By The
Associated Press.) The declara
tion that Great Britain does not In
tend to engage in any new war, ob
tained from an authoritative sourae
today, coupled with other state
ments of-a modified policy is taken
to mean that tha series of cabinet
meetinga and ministerial confer
ences in the last few days has been
tartly in preparation for possible
attacks on tha British forces by the
Kemallsta and partly as political
preparation for the contemplated
general conference for the settle
ment of the Turkish question.
While it is not seriously expected
in military quarters that Mustapha
Kemal, head of the Turksh. Na
tionalists will male an attempt to
either capture Constantinople or to
cross the Straits, the British wish
to be ready In case of emergency
and not sacrifice the meagre con
tingent of troops long stationed in
Constantinople.
The many statements-issued witn
permission of Number Ten Down
ing Street after each conference
are Interpreted as emphasizing the
intention of the cabinet to carry
out the policy which it has rawn-
fully adhered to for mora than
three years regarding Turkey and
the Straits and despite much criti
cism at home and abroad, that pol-,
let. which Is coupled with the
jXlreek defeats wUl still be vigor
ously .followed. . ' '. , :
MAKING
ri1111 " 1 1 v ' " . ' .
RURAL LIFE IS
SAYS
Leadership Is Destined to
Assert Itself, Says
Speaker.
BEARD TO ADDRESS
SCOUT EXECUTIVES
Conference at Blue Ridge
Ends Tomorrow Night
With Dinner."
By HCBERT HOLIXWAY
(Staff t'orrrapoudant)
BLUE KIDUE. Sept. 18. "Out
of the chaos of world affairs there
emerges one undisputed dd hope
ful fuct, namely the alnidbt world
wide renaissance In rural life," de
clared Edward C. Llndeman. Exec
utive Secretary of the' American
Country Life Association, addreaa
lng the Second Biennial Confer
ence of Scout Executives here to
day. The address of . Mr.' Linda-'
man, delivered this evening, ad
dresses by ReV. John F, White
and E. St. Elmo Lewis and ths
reports of the National Commis
sions on - Court - of Honor, - Boy
Scouts and Public Schools, Scout
ing In the College and the Under
privileged Boy, featured the pro
gram for today,
The conference la preparing for
the final session, closing with a
dinner meeting tomorrow night,
following which the Scout Kxeou-1
tlves will leave for their respective
homes In all rsrts of the United
States. The eight day session has
been an outstanding success, nc-
oordlng to officials and Jt is cx-
pected that tha work of the Boy
Scouts of America, for tho next
generation will reflect the train-
lng of leaders at the Blue lUdga
conference. '
Mortimer Sdhlff. Vice-President
of the National Council, member
of the Executive Board, Chairman
of the National Field Committee
and of the Foreign Halations Com
mittee and George D. Pratt, -of
Brooklyn, National Treasurer,
Chairman of the National Camp
ing Comjnittee and x'ormer State
Conservation Commissioner of
New York, are expected to arrive
in time for the closing features of
the conference tomorrow. Both
are scheduled to speak at the din
ner meeting, previous to the con
clusion qt ths program.
Special trajns, v leaving Bl-tck
Mountain, will conviy Scout Exec
utives from Western points and
New York to their respecttV"Cit-
ies, "
m
An address by- Daniel -Carter
Beard, National Scout Commis
sioner, and recently awarded the
highest honor In the history of
the Boy Scouts of America, will
also speak at the cloeing dinner
meeting. -
The session opened this morn
ing with the Training School,
u rider the direction bf L-irn W.
Barclay. James A. Brockway led
the discussion under the subject
of "Recruiting,'- Training and
Keeping Volunteers."
Charles H. Mills, leading the
morning singing, which precedod
addf-ess of Rev. John F. White,
entitled "Service and Citizenship."
Rev. Mr. White is Dlreotor of Kdur
oatlon, Boy Scout Extension Bu
reau, .National canollc Welfare
Council. Service ss a part rf cltl
senship was ably discussed by
Rev. Mr. White and he stressed
the value of clean minds and bod
ies In better citizenship.
Dr. George J. Fisher, Deputy
Chief Scout Commissioner, made
his morning resume and covered
the details of the conference in
brief. I
The National Commission on
the Court of Honor. John Gore,
Chairman,-recommendsd a medal
of citizenship to bs added to the
other awards of Scouting.. . The
subject of varying the testa so that
If a Scout is unable to stand on
test, for Instance physical, lie enn
take a second test for his award.
"Scouting and the Public
- '" Cntin4 tw J'iwJ
THE OLD MAN LIVE
BY BILLY BORNE.
FOUNDATION
DR.E.CJJOEIN
DEFE
ACTION
ERTYCAS
TO SHORT SESSION
Hearing of Impeachment
Charge Is Postponed
Until December.
CHARACTERIZE THE
DELAY AS "UNFAIR",
Democratic Members Op
pose Delay as Decided -by
Committee.
WASHINGTON, Sept. 11 By a
vote of eight to three the Home
Judiciary Committee, at a hastily
called meeting today, postponed
consideration of the Keller , im
peachment charges against Attorney-General
Dnugherty aet for
tomorrow, until the short aession
of Congress, beginning in Decem
ber. ,
Decision to deter action virtual
ly was reached at a conference
of Republican members of the
committee earlier in the day at
which It was contended that the
hearing should not proceed while
Mr, Daugherty was. In Chicago It.
eonneotlon with injunction pro.
ceedings i against striking railway
employes, the basis for the Im
peachment charges.
Aetlon-by thecommlitee,- with
Democrats voting in opposition was
taken a short time after Repre
sentative Keller, Republican,. Mln-
nesota, who had sought Impesch
ment, had announced that Samuel
I Umermyer, of New York, would
represent him before the commlt-
tee. Mr. Keller characterised the
delay by the' committee aa "un-
fair," and ' later made pubiio a
letter from Mr. Untermyer which
he had planned to present at tna
. meeting torrmrrow,
1 Mr. Untermyer wrote that he
regard Mr. Daugherty's
application for the Injunction aa
an impeachable offense himself
but believed the attorney-general
should be promptly removed from
his offlce, on the ground of "un
wllllngnses or Inability to enforce
the anti-trust laws, In which his
action and non-action have reach
ed the proportion of a great pub
lic scandal resulting In imminent
peril to the country."
The New York attorney declar
ed that if he could be of service
In bringing to the attention of ihe'
committee "this scandalous sit
uation." with respect to anti-trust
prosecutions he would be glad to
do so "as a public service," with
out pay; ! Aa to the charges grow
ing out of the injunction procee8-
-f Inge, .Mr, Untermyer said accept-
ance of service as - an attorney
would depend n whether Mr.
Keller could -.submit., evidence to
substantiate his charge ot im
proper conduct in office." ,
jrrBiKRriiiw fathkr has
PRIOH CLAIM TO CHILDREN
WILMINGTON, Sept. 18. Judge W".
A nvln in Suoerlor Court here to
day ruled that a father has a prior
claim to the custody of his cniMren
over tha grandmother, In refusing the
habeas corpus proi'wxiinis uimiruieu
by Mrs. Mary K. McNeill, of Orsen
vllle, S. V., to gain, the custody of
her . two motherless grandchildren,
sons of Charles K. 'Thomas. Jr., al
Ilea u fort. v
Judge Devln held that tha' father
had been proven by the evidence to
be a fit person to care for his chil
dren. Sines the death of the children's
mother ,they have been maintained In
NU Paula school, an Episcopal Insti
tution at Beaufort, conducted by an
aunt of the father.
Mrs. McNeill contended that a
boarding school was not the proper
nlace tor two children aged four and
five respectively.
John D. Bellamy, counsel for tha
appellant, served notice of sn ap
pea Ito the Supreme Court.
AVIATOR. IS KILLED
AT MOINT CLEMENS
DBTROIT, Sept. - 11 (Lieutenant
Frank C. Fechteler, one of the most
widely known aviators of thai United
Slates navy was instantly killed at
Selfrldge Field, near Mount Clemens
this afternoon, when the Spad Army
bl-plane he was flying stalled 150 feet
In ths air, went Into a tall spin and
tell on tha flying field.
HARD
Warfield-Willard-Jewell Plan
Brings About An Agreement
To Return To Work At Once
SHOPMEN READY
TO
ESDI IRK
EN
INGSTR
KE
Word of Agreement
Greeted With Wide
Favor in AsheviUe'.
OFFICIAL NOTICE
EAGERLY AWAITED
Placing of Strikers Not to
Interfere With New
Employes.
Word that the Southern Rail
way and Union officials have
reached an . agreement and that
striking shopmen on the Southern
will return to work st once was
greeted -with- favor In - Ashevllle,
coming at the opening ot the
eleventh week of the nation-wide
strike of khupmen.
Otlli'iul word of the settlement
has been received by 8. J. Mulvan
ey and J. L. Cantwell, Ueneral
Foreman, but both are awaiting
further Instructions from the Gen
eral Offices at Washington.
Guy H. Morris, Chairman of the
Federated Shop Crafts, comprising
all striking shopmen In Ashevllle
declared last night that word was
being anxiously awaited as to how
the shopmen were to proceed In
resuming their work st the shops.
It was stated last night that all
of the men who left their posi
tions on July 1 will be given jobs
when they apply for them but ths
men who have been employed to
fill the vacancies will continue on
duty as usual. Thin will increase
the number of men on duty in the
shops about 40 mora than when
the strike was railed.
As no pickets have been station
ed In the vicinity of the shops for
the past few weeks, there were
no shopmen around the station
last night and the word of settle
ment was quietly greeted bf the
railroad employes on duty.
The 7 daya of the Strike In
Ashevllle was not marked with the
Violence reported from a number
ot points ; on ths Horn hern and
with the exception of the assault
ing and beating of Sam-Harris,
youthful employe of the Southern,
for which IS. Red Henderson, U.
G. Koonls and Prank Briggs were
sentenced to serve seven years, an
attempt to dynamite a railroad
"camp car" by unknown parties,
the beating of k negro and the
chasing awjy of other .negro em
ploye, the situation was quiet.
Guards were on duty In the vi
cinity of the shops in their usual
manner when the word of the set
tlement was , received, continued
at their stnjions. United States
Deputy Marshals - also continued
their routine duties without Inter
ruption, K. a. Koonts Is the only one of
the striking shopmen : under sen
tence of seven years out on bond,
the aum of $8,000 being furnish
ed by Charles M. Williams and J.
C. Cauble, several days ago pend
ing appeal to the Supreme Court.
Henderson and Briggs remain In
the County Jail.
Railroad officials state that only
those men who have not been con
victed -of violence will be given
positions with ths Southern.
The shopmen will probably re
turn to work Wednesday morning,
with word expected from Knox
vlllo this morning, district Union
heads residing In that City, It was
learned last night,
A total of 10 men, about 60 la
borers and 4 skilled mechanics
are now at work and with the re
turn of the 180 out on strike, th
number of men at work In the
shops will be at least 280,
While craft heads would make
no statement last night, pending
omclal word of the settlement and
Instructions, It was Implied that
the. striking shopmen object to
returning to work with tho recent
ly employed, shopmen at wrk,
but will act under Instructions re
gardless of their personal feeling
in tne matter.
NEW BOAT LINE WILL
SERVE INTERIOR VF STATE
WILMJN'OTO.V, Sept. H. Ar
rangements hive been completed for
handling freight from New York and
Baltlmora on a through bill of lad
ing to Fayettevllle. via tha port tof
Wilmington. This announcement waa
made tonight by Captain W. C. Man
son, president of tha Wilmington
Routhnort Steamboat Company, who
Is back from a conference with of
ficials of the Clyde Steamship Com
pany, In New Tork. ,
The freight from here to Fayette
vllle will b handled on stern
wheel river steamer making weekly
sailings. Other ateamers will be
added ss needed. Tha New York,
Wllmlnaton and Fayettevllle Steam
boat Company will pperata the
atramers between this port and Fay
ettevllle. Efforts are to be made to have th
Clyde Line ateamsn make Atlantic
Cltv a port of cell In which caaa
facilities will ba added fur handling
passengers. - ,
REFt'SEH TO fiKTTI,E J"
STRIKE ON THE O. W. C.
AVUUbTA. Oa.. Sept. IS General
Manager A. W. Anderson.- of tha
Charleston and Western Carolina de
clined todav to settle the shopman's
strike oa his road si nog lines laid
down In the Warneld-Wlllard-Jewell
plan. Ha told a committee, ot atrlk
lng shopmen that all apulleattone for
return to work by strikers and others
would be considered and answered
promptly. '
WlNSTOJf-SAIiEM TOBACCO
MARKET OPENS TODAY
WINBTON-HALKM, Bept. 18
Whan the - Wlnaton-Salem Tobacco
Wfcrshoueaa open tomorrow for the
sal of offerings from growers In this
section of North Carolina,' they will
hae one of the greatest breaks aver
known oa this market
Southern Embargo
More Drastic Than
The Previous Ones
liettlement With Shopmen to
Permit Lifting it in
a Few Days.
An embargo covering all classes
ot freight, with the exception of
foodstuffs for human consumption,
perishables, feeds for animals aiul
fuel oil, was declared by the Houlh
ItHllway, effective laat Saturday. It
was learned last night.
This embargo, Jt Is stated, while
more drastic than the two previous
embargoes which covered Interline
freight and lumber, will probably
Un lifted within a few days, In view
of the settlement with the striking
shopmen.
Hhpnrsnt of household goods,
automobiles, dry goods and similar
commodities Is banned under the
new embargo, It Is asserted.
COURT RULES OUT
AF
QFGOVER
Persons Making Them
Did Not Know They
Would Be Used in Court.
CHICAGO, Sept. 1. (By The
Associated Fress.) More than one
third In volume of the Govern
ments evidence In Its Injunotlbn
suit against the striking railway
shop crafts waa ruled out today
when Judge James II. WHkeraon
upheld the contention of the de
fense that 88 affidavits recounting
violence nt the hands of supposed
strikers failed to show-the per
sons making them knewlhey were
to be used In court. .
At onew swoop attorneys to" B.
M. Jewell and John Scott, strike
leaders, thus disposed of large
part of the slightly less than too
affidavits on which ths Government,
based its dslm of an uniawiui con
spiracy to destnoy lntsrslate com-
Among affidavits Which the
court announced he would not con
sider in arriving at a decision was
one by J. P. Itooney, head of the
Chicago Bureau of Investigation of
the - Department af Justlce, to
which Mr. Kooney had attached
copies of strike bulletins """,
from the headquarter of the Rail
way Employes Department, Ameri
can Federation of Jjibor ...
irli. rl.fanae nhleCtlOtl to th 883
exhibits wa baaed on the grounds
that a the affidavits aia noi smuw
persons making them know they
were to be used in court, it was
evident they did not know they
were subject to ths laws governing
perjury when they swore to the
allegations. . ' , . '
-Govsrnment attorneys tonight
were considering having at least
part of the exhibits re-sworn in
ofder that they may b re-submitted.
, ' '
The defense victory followed
two defeats for the strlks leaders
attornavs earlier In the day. Pon-
old R. Rlchberg, opening the de
fense esse, again' moved that the
Government's bill be dismissed, but
after lengthy arguments the court
over-ruled his motion. . Ho then
moved that atl of the affidavits
detailing acts of violence be
stricken out, but wss again over
ruled, ' ' "
HEARING OF KENNKDY
VAHK IS CONTINCED
WTIjMtNOTON, Sept. !. Hearing
of a contempt case agalnt J. It. Ken
nedy, an outgrowth of the , Pallas
murder caaa, was continued by Judge
W. A. tievln from tomorrow af
tsrnoon until 1:80 o'clock Thursday,
upon request of attorneys for the da-
''Kennedy Is alleged to have been:
responsible for C. B. Holleman. main
wltnesa In the case In whlh Herbert
Dallas Is charged with fhe murder
of Joe Southwell, 'not having been
prevent In Superior Court laat week
when the caae was scheduled to hsa'j
been tried. Kennedy has .been cited
to appear and show cause wny ne
should not ba .held In contempt.
. '
w
E HAVE
ITH US TODAY
BERT SWOR
"X am always glad to be In Ashe
vllle and look forward to annuaK
ly opening th Auditorium,", de
clared Bert Swor, star minstrel ar
tist, to a representative of The
Citlxen yesterday.' Bert ' Swor Is
by-word In minstrelsy and has
msde thouaanda laugfe at his dally
performances throughout the
country.
The blnckfac artlat, although a
"fun-maker" on the stage, would
be taken for a business' man on
the street and la a "booster" for
Ashevllle. seeing In this section
an unlimited opportunity for fu
ture development.
Mr. Swor has been coming to
Ashevllle for a number of years,
being with companies that always
play tht city, in more recent years
with Al O. Fields, and upon each
trip note th new buildings, reno
vation of former landmarks and
numerous signs, of progress.
When marching with Jhe min
strel parade last year, he said.
Uaywood Street did not resemble
the busy thoroughfare of today, aa
the Caatanea Building and the
Loughran building, which Is un
der construction, are additions
during th past twelve months.
MANY
DAVITS
It NT
RAVE SEN I
MPAIRE
S PEACE PLAN
To Expedite Return ol
Striking Shopmen on
Southern- Railway.
CELEBRATION AT
SPENCER ON TODAY
Soon -to Resume Opera
tion of Trains Cut Off
as Emergency.
WASHINGTON. Sept. U.Offl
oinls of the Southern Railway and ,
representatives of ths union shoo
crafts of that system late toda'
aimed theWarneld-Wlllard-Jewell
agreement. ' "" "
The atrike among th workers
of the Mublle and Ohio Railroad,
which la controlled by ths South
ern also waa settled on th same
bnkla, The Workers ot th two
roads, and those employed on all
other lines controlled by the
Southern who went on strike are
to return Immediately to work
with seniority rights unimpaired.
Orders were telegraphed by the
shop len'lra tonight to , th di
visional chairmen of the various
labor union throughout th South
to instruut their men to return
to work at qji.ee. - Similar orders
war sent our by th Southern's
offlnlsls to their superintendents
to put all the former workmen
back at their old jobs as soon aa
they applied. , . '
Henry W. Miller, vice-president
rf the Southern lines. In . chargi
f operations, exhibited a copy of
tl:e- agreement bearing signature
nf the union leaders and represen
tatives 6f the Southern, remark
ing that h expected most of ths
striking workers- to bo back at
work .within a week. -
The refusal ot the shoo leader
tn sign last Saturday led tp doubt
In some quarter tm to the out
come ot today's meeting.
.-..
tVASITWGTOW RAILWAY
, OKHCIALS ARB FhEASED
. WASHINGTON, D, C. Sept. IS.
Southern Railway officials hs-e
are pleased over th signing today
of the Chicago agreement by the
representatives of striking shop
men. They expect th strikers to
.return to their Job tomorrow. This '
correspondent was told tnat in
Southern' will soon resume th
Deration of train out off to meet
strik conditions,
TACKLE JOB OK GETTING
. ROlilJNU STOCK. IN KHApE
i RALEIGH, Sept. 18. Four hun
dred Seaboard Air Un shopmen,
who went on strike her July 1
returned to work at I o'clock this
morning after an hour's delay doe
to disputes over minor details ot
th agreement. . They were set to
work iTimedlatelv putting ths
shops in reguluatlon shape and
n,aklrg rady for tackling the Jolt
of getting a mass of dilapidated
rolling ,tot'k Jnito condition f r
taking the rail.
It Is understood tHat the Sea
board Will add many additional
shopmen to Its force here In order
that the work of getting th roll
ing stock back to normal condition
may be accomplished at th ear
liest possible moment. This road
Is supposed to have Its engines and
other equipment In better shape
than most of the railways owing
to Its early recruiting of men to
take- the strikers; places. Never-;
theless, much of th equipment la
In a bad way and ths work of a big
fore will he necessary to get It
Into shape so that operation may
be brought back to normal.
. J. V McMahon, leader of th
striking shopmen, said the men go
back with full seniority rights and
that the other points ot less Im
portance will be settled by confer
ences between th employes and
railway hands. He expressed satis
faction with th general agreement
and said that ths shopmen were
enthusiastic over their return to
work and anxious to get th equip
ment running smoothly without
delay, ,
RECRITT1NO OE NON-UNION
WORKERS IS TO STOP
CHARLOTTK, Sept. 18. While
the return of the striking shopmen
will be expedited on th Southern
Railway, the men will not be taken
on in a body except In places where
non-union workmen who were em
ployed during the period ot the
atrike desire to leave In a body, ac
cording to orders received her'
yesterday from W. H. Miller, vice
president of the road, and R E,
Simpson, general manager of the
IJaea. Kaat, following agreement
between the road and the striker
Recruiting of non-union work--era.
according to the orders, is to
stop at once. It Is stated that any
striker guilty of acts of violence
during the period of th strike will
pot bu returned to work.
The non-union men will be fur
nished transportation to th point
where tbey wer recruited and will
be paid for their time while novat
ing thereto, the order stated.
CHICAGO. 'Sept. 18. (By Tba Aa
aoclatad frees.) But few outbreaks
were reported today aa aeraral mora
railroads put Into effect trm ahop
eraft pesos plan. Th number of
men employed oa ether roads In.
cieaaed and It la no estimated tht
hop forcea are about 8 per cent
itormal.
Jifficiala of both th Chicago. Mil. .
wiukee and 8t. Paul and the North
western announced that th etrlklng
ehopment returned 1o work by th
lOMMasat a tttt f