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VO., 43. NO. 7037 CHAHLOTTE , N. C., THURSDAY EVENING. MAY 25. 19l 1 la Follette Working for New Committee To Try Larimer Jriif ip » Ccuius Democratic Senators to Support the La fcMie Resolution—Would Create New Committee oj fiu Se nators, ^iJmt Investigating Com- 0ttee Busy—Attorney Gen^ ffdl Wickersham May Be Called to Answer Questions Kdotmg to Investigation. ated Press. May 25.—By more wo-tbirds vote democratic j auciis today decided to —» ' If .^lartin resolution direct- .. , *e committee on privi- r;?s and I'tlons to reinvestigate Lor'i*' ■ case. Several senators • right ta offer amend- -:j nn some of them declared wou. ’ D')t be bound by tlie cau- ;i iction. LaFollette, contrary to ex- ;ic'jtioD.. rrotably will not be able ';ir to -isti his Lorimer speech. U' r>, May 25.—Legislative ac- •( ' uas confined to thes enate fi ci capitol, where Senator La- r.i- Mr the fourth day, held the Ix: . Viieges with the evpectation M je would bring to a close his ex- ^ m opposition to Senator ■ a:: 1/ mier’s retention of his jtut.or LaFollette seeks to have ;f, c -’11111166 made up of new :!:‘ers of the senate designated to ;;!(i'jcr another inquiry into Mr. Lori- a’s e' ion. House not in Sesalon. Tie iouse, well up with its work ri w..!; particularly nothing to do • j'ii’h as the democratic caucus, d:« helu J'lne 1, shall have decided ;oo a : urse regardirg the w’ool »;eduie o! the tariff, was not in ses- today. Many of its speciay inves- coaimlttees, however, were Steel Trust Probe. I h ? i ;ai omniittee to investigate :t S, ' Is particularly deslr- Kof o't ’uniing access to the report liHo.' e ’ ' ’n X Smith, commissioner bu a 1 or’ corporations, concern- t{ the I'ni'ed States Steel Corpora- !' siciuioned before it In execu- ■ f 5( ?s.or. today Secretary Nagel, of >:etar'tLeat of commerce and labor, iJito that report. 'ii result of the Inquiry conducted ■■':rec‘ion of the department of tccerce and labor never haa been uje pui'Ut' and the committee felt a: *' vouid be of value in the present W'Ckersnam Will Appear. A/orney General Wickersham will uoi.,_tai beicre the committee with- 1 days to answer questions ^':n5 to the investigation into the rusi” conducted by the depart* or .u?tice. Secretary of the Treasury wa. summoned before the com- oa vxpenditures in the treasury % to testify regarding his order to jtoxs collectors to admit creosote sports free of duty. New Turn of Affair*. A ne^ tura was given to the Lori- ^ today when a number of t!Socra'ic !«>nator8 declared In a par- ^ j called by Senator Martin :»! the' would support the LaFollette uoL which would place the con-| ••i of The proposed new inquiry in :ai(i. oJ a special committee of te'»' senators rather than leave tLe regular senate committee > Priviif t'es an j elections, i ffiajcrity 01 the democratic sena- nowpver, are said to be in favor lo-called Martin resolution fram- j a mK^tlng of the democratic ‘Wring c -iimlttee several days ago. decUrefl today that the Martin •*clut!on ^ould have the support of re. uiar republicans when It was •Wfd as a substitute both for the and the Dillingham resolu- jte Martin resolution enlarges the ,'i^* o! tl.e new’ Inquiry to include famous “Jack pot” fund at Poultry Expeit Sues **Georgian" Atlanta, May 25.—J. Q. PoBtell, the aged poultry expert who has long been known throughout the Southern stat' as "Uncle Dudley,” has enters 110,000. damage suit against the un- ta Oeorglan, charging it with detema- tion of character, and with the "piracy of his pen-name.” Mr. Postell charges that when he stopped writing for the Georgian that paper continued to use his pen-name, "L ncle Dubley,” and also too his mail, sent to that name, out of the postoffice. He charges that when he protested they wrote defamaory articles about him. Judge Pendleton haa temporarily re strained the newspaper from making any further use of the name “Uncle Dudley” until the case comes up for a hearing, June 3rd. cmiri iiis[iinE LET’S TALK IT OVER BBIBniy PROBE Justice Harlan Criticised Standard By Associated Press. Columbus, O., May 25.—This is the critical day for the senate bribery probe committee as their t>ow^er to force witnesses to testify will be le gally tested. N. D. Cochin, an editor of Toledo; E. E. Cook, an editor of Columbus, and Attorney Charles J. Pretzman, former president of the chamber ot commerce of Columbus, are all sched uled to be arraigned today before Justice Homer Z. Bostwick. All re fused to testify when summoned be fore the committee and they were arrested and released on |500 bond. On settlement of their cases de pends the question of the legal power of the committee to force witnesses to testify, many lawyers contending that the committee has no power to compel witnesses to testify. Copenhagen Gieets U. S. Fleet By Associated Press, Copenhagen, May 25.—Copenhagen- turned out today to greet the second division of the United States Atlantic fleet, in command of Rear Admiral' Badger, which arrived this morning for a week’s visit. A gun salute was exchanged by the American squadron and the land batteries. Thousands of excursionists cheer ed as the Kansas, New Hampshire and South Carolina, headed by the flagship Louisiana, moved up the sound to Elisonoro. During the visit King Frederick will receive In audience Admiral Bad ger and the captains of the American warships, and will give a grand ofll- clal dinner, where the fleet officers will meet the most prominent people of Copenhagen. ’Wngfleld. ^dlsh Nat Noti fied 0/ Decision ' Associated Press. May 25.—John ,v former Chicago banker f^-.ieral prison here, has not ^ notified of the action of Presl- fai- in denying an application K * for him. Major R. W. lid warden of the prison, 'hlg morning. nr L inform Mr. Walsh of 5itii decision on his case Irojn official notification J ^ ■bin^on,” said the warden, know Just when the ^ Papers will come.” •Ulth the aged bankers • .'laior McClaughry said: U, .j^ell as he has been at .. .. Bince he entered the prls- ‘HERipp* Monts TO B,: removed FROM OFFICE. 25.—The Ala- 'itj (L, P^^Jme court by unanimous ordered the removal ■%y f JiJi^right, of Bullock **lhe I . neglect of duty of Anderson Johnson, on April 2nd. Tim HEEL PREICHT RATE dSE HEARD Special to The News. Washington, May 25.—The case of unreasonable freight rates from Cin cinnati ' to Durham, and Winston-Sa lem, charged by the Norfolk and Western Railroad, was argued before the commerce court today. Attorney General Blckett, of North Carolina, appearing for the state. The state corporation commission has decided against the railroads but they have attacke‘i the decision of the commission on the ground that the matter was not given proper con sideration. Chairman McNeil Is also here and attended today’s hearings. Very little had been accomplished when the court adjourned for lunch. • Oil Co. Decision PASSEN- CERS PERISHED By Associated Press. Panama, May 25.—The National Steamship , line steamer Naboga struck a rbck off Punta Mala on Tuesday and sank a short time af terward. Of the hundred passengers on board only 40 are known to have been saved. By Associated Press. Washington, May 25.—^Declaring he Is convinced the federal supreme court’s decision in the Standard Oil Company case “will throw the bus iness of the country into confusion and invite widely extended and ha rassing litigation, the injurious ef fects of which wiy be felt for^ many years to come,” Justice Harlan filed his formal dissenting opinion today This Is an amplification of the oral dissension Justice Harlan rendered from the court’s decision. Justice Harlan brands as mischiev ous the modification made by the court in the decree of the lower court, permitting subsidiary corpora tions of the Standard Oil after disso lution of the combination, to make “normal and lawful agreeinent'* among themselves. In this connection —ustlce Harlan quotes the chief justice as saying that It “does not necessarily follow that because of an Illegal restraint of trade or any attempt to monopolize or a monopolization resulted from the combination and the transfer of the stocks of the subsidiary corporations to the New Jersey corporation that a like restraint of trade or attempt to monopolize or a monopolization would necessarily arise from agreements be tween one or more of the subsidiary corporations after the transfer of the stock by the New Jersey corpora tion.” “Taking this language In connec tion with other parts of the opinion,” says Justice Harlan, “the subsidiary companies are thus in effect, Inform ed—unwisely, I think—^that althought the New Jersey corporation, being an illegal combination must go out of existence they may Join in an agree ment to restrain commerce among the states, If such restraint be not. 'un due.' ” Justice Harlan devotes himself largely to criticism of the court for holding that not every restraint of trade violates the law. He reiterates that the court reversed its former rulings in the trans-Missouri freight and joint traffic association cases. The justice asks why inasmuch as “the court is nuanimous in holding that the particular things done by the Standard Oil Company and its subsidiaries in this case were lllegsd under the anti-trust act whether in reasonable or unreasonable restraint of Interstate commerce—why was it necessary to make an elaborate argu ment to show that, according to the ‘rule of reason’ the act passed by congress should be interpreted as it contained the word ‘unreasonable' or the word ‘undue.’ ” Mr. Justice Harlan says the only answ'er that 6an be given to this question Is that the court Intends to decide its deliberate judgment, fif teen years ago to the effect that the act permitted no restraint whatever of interstate commerce, whether rea sonable or unreasonable, was not in accordance with the “rule of reason.*' ‘T have the authority of this cdurt, " he said, “for saying that such a course of preceding on its part would be judiclaul legislation.” Justice Harlan maintains the court should have replied emphatically to the Standard Oil attorneys when they Insisted upon a “reversal of the form er rulings” of the court as follows: “That question according to our practice is not open for further dis cussion here. This court long ago de^ llberately held (1) that the act in- terprating its words in their ordi nary acceptation prohibits all re* j straints of interstate commerce by combinations in whatever forms and whether reasonable or unreasonable; (2) the question relates to matters of public policy in reference to com merce among the states and with have been attended to, and the major Assembly Closing * Up Its V\foik By Associated Press. Louisville, Ky., May 25.—The work of the 51st general assembly of the Presbyterian Church in the United States (Southern) is rai>idly nearing completion, and indications are that all business will be xWiped off the slate by tomorrow morning. Many of the commissioners live a long distance from Loui&ville and desire to get back to their pulpits in tim eto deliver the Sunday sermon. All of the more important matters foreign nations and congress alone can dejSl with the s»?t5/^ct; (3) this court 'v^ould enct\ j,ch ution thj au thority of congress if under the guise of construction it should assume to determine a matter of public policy; (4) the parties mdst go to congress and obtain an amendment of the anti trust act if they think this court was wrong in its fortnfer decisions; and (5) this court cannot and will not judicially legislate, since its func tions is to declare the law while it belongs to -the legislative depart ment to make the law.” “The disposition of the case under consideration,” continues the justice, “according to the views of the de fendants will, it Is claimed, quit. and give rest to ‘the business of the coun try.' On the contrary, I have a strong conviction that it will throw the bus iness of the country into confusion and invite widely extended and ha rassing litigation, the injurious ef fects of which will be felt for many years to come. “When congress prohiWted every contract, combination or monopoly in restraint of commerce, it prescrib ed a simply, definite rule that all could understand and which could be easily applied by every one wishing to obey the law and not to conduct their business in violation of the law’. But now it is to be feared we are to have in cases w'ithout number the constantly recurring Inquiry—diffi cult to solve by proof. “The supreme law of the land,” he added, “which Is binding alike upon all—upon presidents, congresses, the courts and the people—gives to’ con gress and to congress alone authority to regulate Interstate commerce and when congress forbids any restraint of such commerce in any form all must obey it smandate. To over reach the action of congress mereJy by Judicial construction, that is, by indirection, Is a blow at the integrity of our governmental system and In the end will prove most dangerous to all.” OP LAND AND WALE!iJ,0/li,269 By Associated Press. London, May 25.—Provisional fig ures returned by the census officers give the population of England and Wales this year as 36,075,269 com pared with 32,527,843. In 1901. While most of the cities and counties show an increase thei% are many cases, particularly In Wales, where there has been an actual decrease. Greater London’s population has increased to 7,252,963 from 6,581,402 in 1901. This Increase is entirely In what is known as the outer ring, showing that the people are moving from the more crowded centers, in fact many of the old metropolitan boroughs and the city of London proper have lost their population to the suburbs. • The county of London, Including thee Ity of London and the boroughs immediately about it, ^ shows a de crease from 4,536,267 In 1901 to 4,- 522,961 in 1911. portion of the reports submitted to the general assembly. Last night a session in the interest of foreign missions was presented. Rev Junious B. French, of Fort Worth, Texas, chairman of the committee on foreign missions, delivered the report of that body, which showed splendid progress in this line of the church’s work. Rev. William D. Reynolds, of Chung-Ju, Korea, mission, who trans lated the Bible into the Korean lan guage, made an address on the work in Korea. Dr. J. L. Coppedge, a medi cal missionary, spoke on work along the banks of the Congo river. Rev* R. A. Haden, of the Soo Chow, Klng- su province, China, mission, delivered an address on the work there. He was followed by Dr. P. F. Rice, on the same s>ubject. ) Heresy Charge Dropped. By Associated Press. Atlantic City, N. J., May 25.—One Of the expected sensations of the Presby terian general assembly (Northern) fell fiat today when the heresy charg es against President Francis Brown and Professor William Adams Brown bf Union Seminary were dropped. PRICED Charlotte 2 Cents a Copy aDily—6 Cents Sutidar. Outside Charlotte 5 Cents a Copy Dally and Sunday. Severe Ciiticism of Roosevelt at Mohonk Peace Conference UIET T Cosualty Report oj Last NignVs Rioting in Mexico City Show Seven Dead, 36 Injured— Large Forces of Police on Duty. TO SELL Special to The News. Raleigh, N. C., May 25.—Bids were opened by the state treasurer for $310,- 000 North Carolina state bonds, 4 per cent forty years today with the result that the entire issue goes to C. C. Mc Donald, of Raleigh and A. B. Leach of New York on a joint bid of $310,124. These bonds are for a $250,000 fire proof state administration building and $60,000, state school for feeble minded. Seventeen bidders wer in the contest and $38^,100 bonds\ could have been sold at or above par. Sneeze Powder Caused Near Riot By Associated Press. New Orleans, La., May 25.—“Sneeze powder,” playfully thrown in the face and eyes of Willitm H. McConnell by IVlrs. A. J. Montlgne, in an office build ing yesterday afternoon resulted In a fist fight and a near riot that brought out the police reserves. According to the police, the woman, her husband and others in Montague’s office were sky-larking with the pow der. Some one in a nearby office think ing the woman had hurled acid into McConnell’s face and, seeing the fight, telephoned the police. The reserves galloped up and ran Into the “sneeze powder.” While they were sneezing the combatants escaped.' No arrests were made. , Lisbon, May 25.—An official note issued by the Portuguese govern ment today declares that the north ern frontier is absolutely secure, the garrisons of the border provinces hav ing been stren^hened by troops en tirely faithful to the republic. Foreign Minister Declares that President Diaz And Vice President Carrol Will Resign This Afternoon—Provisional GovH. to Assume Authority. By Associated Press. Mexico City, May 25.—After the in tense excitement of last night the Mexican capital is in comparative quiet this morning. An official statement today on the ntimber of casualties resulting from the bloody rioting that swept over the city yesterday evening places the death at seven and the wounded at thirty-six. Several of the wounded are expected to die. Large forces o^ police were on duty early today, ready to cope with any renewal of the outbreak, but there were no signs of renewed dis orders. Foreign Minister de La Bajrra, in an official statement issued today, said that President Diaz and Vice-Presi dent Corral would resign this after noon and that the provisional govern ment w’ould thereupon assume author ity. Long vistas of broken windows tes tified today of the work of the mob last night. Among the plate glass fronts shattered during the tumult were those of the W. G. Walz shop, the Aztec land curio shop, and the Tampico News Company, all Amer icans. Reports received today from out lying quarters show that five people were! killed at Cualalajara Thursday night. Governor Gallardo, of the state of Jalisco, of which Guadalajara is the capital, has resigned and has been succeeded by David Guitterez Allende. A mob demonstration occurred at Guadalajara last night with cries ot vengeance for the five persons killed on Wednesday. The outbreak was quieted when Governor Gallardo re signed but the danger of the situation at that point is not considered over. Throughout last night there were echoes of the bloody struggle which occurred In this city earlier in the evening w^hen the mob had held sway at many points, storming buildings and menacing the presidential pal ace until swept back by volleys from the government forces. The scene of action last night cor ered a wide area and at times four different demonstrations were In pro gress with varying degrees of Intensi ty all apparently having a common object. The main trouble culminated after dark when word spread through the city that President Diaz and Vice President Corral had not resigned In accordance with public expectation. The chamber of deputies was the first scene of camaorous manifestation and this soon spread to the neighbor ing quarters. Diaz Must Resign. Juarez, Mexico, May 25.—"Unless General Diaz resigns today or tomor row therew ill be more trouble throughout Mexico.” Commenting upon last night’s de monstration in Mexico City Provision al President Francisco L Madero, Jr., made this statement today and added that uprisings in the interior were the result of a tendency to distrust President Diaz’s avowed intention of retiring. Resumption of Hostilities. A resumption of hostilities In the state of Coahuila was ordered today. Francisco I. Madero gave instructions for the Insurrecto forces in that state to advance on Saltillo, the capital, a city of 24,000 population with a view of taking it from the federals and forcibly establishing the provis ional government there. Police Fired On Crowd. Mexico City, May 25.—The polloe fired on a crowd In front of the depart ment of foreign relations. But one man was killed. A manifesto Issued by Robles Dominguez appealing for order was almost totally disregarded. Men at 12:30 p. m. were still parad ing the streets yelling “Viva Madero,” KNOCKOUT BROWN TO MEET TOMMY MURPHY New York, May 25.—Although “Knockout” Brown and Tommy Murphy already have me^ In the ring twice, their bout tonight will have all the uncertainty of a first encount er. The first time they fought Brown won by a good margin; the second tlm,e Murphy was equally the superi or. The winner of tonight's battle will be In line for a contest with Matt Wells, holder of the English title, and Woleast, the world's champion. John W. Foster Says Ex-Pres- ident Has Been Inconsistent And Erratic m Relation to Subject of International Ar- bitration. Says That Opposition to Peace Policy in the Senate Should Not be Entertained as a Serious Possibility — Made Great Talk. By Associated Press. Mohonk', N. Y., May 25.—Severe crl- ticism oi Theodore Roosevelt’s recent public utterances regarding ihtenia- tional arbitration marked the speech of John W. Foster, former secretary of state, before the 17th annual meeting of the Lake Mohonk Conference on International Arbitration. At the same time, said Mr. Foster, “notwithstand ing Mr. Roosevelt’s early declaration In opposiclon to arbitration In general, he had done mor-s than any other liv ing man to advance this cause.” Speaking of the Anglo-American treaty of arbitration now being nego tiated, Mr, Foster declared that opposi* tlon to it In the senate ought not to be entertained as a serjous possibility. The treaty, he said, w'ould place the two governments on the same footing as each of them has placed its citizens and would result in similar treaties between other nations. It was plain, he said, that it would have no appreciable effect on the arm aments of the world and that at pres ent Germany can hardly be expected to become a party to a like treaty, Nevertheless “as unlimited arbitration is extended among the nations Its beneficial effect must become more and more apparent, and even the Ger man government must eventually fljid a modus vivendl with the peaceful na- tiond which will enable it to restrict its armament, and cease to be a menace to the world.” Mr. Foster’s subject was “Unlimited Anglo-American Arbitration.” The portion of his address relating to Mr. Roosevelt follows: “I had concluded the preparation of my address at this point when the fulmination of Theodore Roosevelt ap peared in th*e public press. While I regret its appearance as tending to em barrass the action of the senate, I re call the fact that no man in public life today has shown such an erratic and Inconsistent course in relation to the subject of international arbitration. His early public career was marked by a strong hostility to arbitration In general. In a magazine article, as late as 1895 he attacked President Harri son for submitting the Behring sea question to arbitration. “But when he ass’umed the responsl. bility of the presidency. It was he who sent the first case to the Hague court of arbitration and Invited the nations in hostile array against Vene* zuela tp resort to the same court. In the first instance he proposed to set tle the Alaskan boundary dispute by senuing the American army to occupy and hold the territory by force, but fin ally yielded to the advice of Secretary Hay and in 1903 submitted the ques tion to the London commission. “In 1904 he sent a number of arbi tration treaties to the senate and yet, because the body »aw fit to Insist upon the exercise of its constitutional du ties, he denounced this action aa ‘a sham’ and subterfuge and In a petu lant manner refused to put the treaties into force. But four years later, following the advice of Secretary Root, he sent the s-ame treaties with the senate’s amend to that body, and upon its approval put them Into operation. “l^ot with standing his early declara tion’ in opposition to arbitration in general, he has done more than any other living man to advance this cause and has well earned the Nobel Peace Prize. ‘Judging the future by the past, In the course of time, after he has played to his heart’s content with his favorite terms, ‘Hypocrisy,’ ‘Cowardice,’ ‘Bad Faith,’ etc., we may expect this erratic but patriotic citizen to fall In line with the onward march towards inter national peace, and give bis support to the great measure which most eno- bles the administration of his aucces-, sor.” INJURIES OF AVIATOR , MAY PROVE FATAL, By Associated Press. Denver, Col., May 25.—The Injuries of S. Louis Von Puhl, the St. Louis aeronaut who was shot during a quar rel In the bar of a local hotel last night may prove fatal, It was said to day, Frank H. Henwood, salesman for a New York concern who Is said to have done the shooting was placed In Jail today and will be held pending the result of Von Puhl’s Injuries. J. W. Atkins, of Colorado Springs, a wealthy contractor who was shot in the left leg and G. E. Copeland, a min ing man of Victor, Col., who received two bullets, will recover. They were by standers and had nothing to do with the quarrel. The quarrel presumably started over a woman and continued on the merits of different brands of champagne. Von Puhl being a wine agent. Von Puhl holds a number of balloon records including the speed record for long flights having made the distance from St. Louis to Charleston, S. C., 69C miles. In 15 hours. 4.
The Charlotte Observer (Charlotte, N.C.)
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May 25, 1911, edition 1
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