_ I w anted^ For Sale, For Rent, Lost and Fc|und, XTTF/ , Rooms or Roomers-Page Eight Latest Edition TWELVE PAGES. VOL. 45. NO. 8104 CHARLOTTE N. C., WEDNESDAY EVENING. DECEMBER 6, 191 I * Oopr Daily—S Gent* Sunflay * I Outside Charlotte 6 Cants a Copy Dally and Sunday. Opening Session Of The Baptist State Convention ’ttnductory Sermon Prtachtd ^ Ktv. Smtih Of ChaptlHitt ,}V. C. Dowd Presided— jtai, C H. Durham Unanim ously Elected President. Othff Ojjicers Elected-Seat- mg Capacity oj Church lax- (d-Importnnt Preliminary Ccnfirence of Pastors Dis- aissid Church Problems. i,. rbe News. ,ii.s.i>ra, Dec. 6.—^Tli« open- . , u; the Baptist State Con- held last evenln^T' The , ; , r^ rmon was preached by u. H L. Smith, of Chapel Hill, t, ;t i ► nar these words: “Speak T’ ■ ' ..ildren of Israel, that they sam I n TO ni TODAY IN C0NQRE88. connection that the state mission board Is free from debt at the pres ent time, but that It is likely that this board will be compelled to bor row money In the near future to pay the missionaries, and that the amount borrowed will be sufficient to re quire the pajrment of three hundred dollars or more as interest, annual ly. He deplored the fact that the foreign mission board of the Southern Baptist convention is so much in debt that the interest on the debt is/ 112,000 each year. Plan Suggested. The plan which Mr. Maddry sug gested to be followed in the solving of thep roblem of the cultivation of intensive work is the weekly offer ing from every member of the church. He recommended this plan first because it is Scriptural and that no improvement can^^be made upon a Scriptural plan; then because it is systematic, and will avoid the strain of securing all the money for the benevolences at the close of the year. The pastor, he scdd, must take the lead in this matter; he must ac quaint himself W[lth ^e plan and must work It. Adherence to the budget system Mr. Maddry said, will result in secur- more money than the average Baptist gives to benevolences each week, the contribution of the average Baptist at present being less than j two cents per week. He urged also j the importance of remembering that j God is the preferred creditor of the church, that He wants His part ol the money first and wants it to be given cheerfully. He showed also that material bless ing is promised to the cheerful giver, that the plan of the weekly contri bution is business like, saves the waste of money now paid on interest, and it inspires confidence from the world. Men on the outside, he said, watch the slack business methods ot the church. “Absentee Ohurch Members.” By Associated Press. } Chicago, 111,, Dec. 6.—Selection of a jury in the United States district court to try the 10 Indicted Chicago meat packers on the charge of crimi nal violation of the Sherman anti-trust law was expected to begin today be fore Judge Oeorge A, ''»'penter. The packers are: ^ J. Ogden Armour, ^ iident Armour & Co. Louis P. Swift, Co. Edward F. ^ ildent Swift & r d, of Charlotte, president lonvention for the past : k the chair. He appoint- .■nt committee aivi V. ■ enrolled. Ito»*ffien an- :r 'he conventj^n^was ready -ident anil sther officers uilztj for bustne.ss. He hat he thought the ex- his predecessor, and the In retiring fi*om the of the convention at the 0 ars was excellent, and ' . ci follow in their steps. to convention the L.ui enjoyed in the office, ;; l.itlon of the universal fii .=iurtesy from the mem- 0 ivui received. ' *. Kev. C. H. Durham, ' ! • n. and C. M. Beach (1 f >r president, but upon rlie nomination of all? p d King, of Kaleigh, fol • r. Durham, of Lumber-1 Maddry, and the subject (1 awn. and the secretary ( discussed was “Absentee ■n was instructed to church Members.” He said that many church members fail to recog nize their duty to take their church lettefs with them when they change their place of residence. He gave figures to show that the past year at least 8,000 Baptists'in this state had their membership in churches aw^y of the convention for . ( “--’Hltnt, and he did (‘f'oers were elected, as iltB- ^iil. ; Rev. A. 1, Justice, Rev. C. W. Scar- .. n .iid; Hilbert T. Steph-‘ Salpm. civt.Hry X. B. Brough- ' ‘‘i rrptary—Rev. Liv- ■ ' of Raleigh. . II I^i'l^ps, of Raleigh, je Audience Present. from where the ylived. These people, he said, failed to realize and recog nize the real meaning of the king dom of God. President Poteat Speaks. The last speaker of the morning session was President W. L. Poteat, of Wake Forest College, and his sut)- n- f‘present last even-1 “The Preacher as Proph- . a in>f capacity of the poteat said in beginning his • ' M.iildins -o its ' address that he never had brought vailaMe for stand-^ jq believe that the sermon is ! a mere incidenf^ of divine worship, ? ilresg of welcome to _ that, on the other hand, he believ- .iS delivered by Gil- g^ ^jjg sQrmon to be the chief fea- -I'H. The response ih I tnre of j^orship. ' r-f nvcntion was deliv-] »phe distinguishing featijre of the h rlcs R. Waller, of prophet In the Old Testament, he ■ that above all else •was that he spoke the words or an;ed to impress Win- his own words, that his h th;if for which it spiritual insight was back of his Tin*' which is its own. J jnessage. ' while he was glad de-j ..^^6 preacher of today,” he said, getting closer to- ..jg prophet, with a message to 1 si'It of fhe spirit of Hb* I proclaim and a vision to portray. 10; ed among them, that! Afternoon Session, t ne he saw a danger to ; During v the afternoon session the first subject discussed was, “The preacher from a layman’s view (Continued on Page Two.) la this connection, and that * ; n ir doctrinal points i I; t- ; n* nrly obliterated. He ^ did not like to hear thai jiiBt 80 a man belong- : ■ h, it did not make any l\t church he belonged u dnr« make a difference. P; stor’s Conference. ~ ' ■'4 session of the pastors’ -^6 called to order by Rev. gy Associated Press. ■ u!,, I). D.. and the first hour Huntsville, Ala., Dec. 6.—The case n or. to a devotional study, con- jQim Knight, charged with using ■ ^ « V. J, B. Weatherspoon, of f^e mails in a scheme to defi-aud, was He , rl this study upon the called before Judge Gmbb, of the Uni- 7 ncl of Knight Began To-day in Hebrews 6: 4-6. 'ic for general discussion 'he r. ted States district court here today Knight, head of the defunct cotton cont.-rence was, “The concern of Knight, Yancey & Co., of 'ur^'h Finances.” and Rev. Decatur, Ala., was arrested after the addry, of Raleigh led the failure of his firm for several million i dollars. He was indicted Nov. 22, r spoke of the Importance' 1910, and held under a $20,000 bond ■■m of the pastor to the f^r his appearance at the April, 1911 ' ■'tem of the church. “All tgmi of the court. . > r8 of the history of the j alleged scheme which Knight f' : vention and of the indicted for It is said to have con- inntion as a whole,” said giated of sending through the mails ; x'her-. have been evan- fraudulent bills of lading attached to ‘ 1' 18 this evangelistic drafts and insurahce papers. The hn. made possible the buig ©f lading purported to represent ' ns we have had and shipments of cotton from Decatur and ^ ’he present time. I other points. It was the custom of the railroads to furnish Knight, Yancey & Co. with blank blllf of lading. These, it is charged, were filled out when a ship , ment of cotton was to be- made and -uccess which we have ^gg^ signed by the railroad agent. It nomination is due to jg charged further that blank bills of uiasses, but the prob-; lading were filled out in Knight, Yan- U9 no\. and the great ^jgy ^ office and the railroad ^0 solve Is how to en- agents signature forged, after which the people already ^^afts were attached and forwarded to he financial obliga-1 Liygrpool cotton exchanges through ; us as a demonstra- brokers in New York. On receipt of Idly fifty per cent! ^gg^ ^he banks paid the drafts, be- in the work of ^he cotton represented was in the present possession of the railroad. present evangelistic spirit v'hiit we need especial- iHt denomination at the the t-ulalvation of in- ^ director Swift vice-president & Swift ft Co. Charles B. Co. Edward T a, president National Packing Sc.. hieh the government contends is the illegal corporation— the trust. Arthur Meeker, general manager Ar mour & Co. Edward Morris, president Morris & Co. Francis A. Fowler, director Swift & Co. * Thomas J. Connors, superintendent Armour & Co. Louis E. Heiman, manager Morris & Co. Rumors of new moves by the pack ers were many. One was that the pack- ers would appear and plead guilty. This would make useless all the re sults of months of investigation and preparation on the part of the govern ment would place the packers in no greater jeopardy than an unsuccessful outcome of the case, which otherwise will drag on for months, and, many contend, would put the packers in a better position than they would be in if they lost their suit. Fines, it is believed, would be the extreme penalty imposed by Judge Car penter. The extreme penalty which , can be given the defendants in case of conviction is a fine of $5,000, or one year in jail or both. By Associated Press. Washington, B. 0., Dec. 6. SENATE. Not in ses8io»;'meets Thurs day, 2 p. m. Lorimer senatorial Inquiry re sumed. ^ Anti-tmst legislation discuss ed at senate comnilttee heav ing. HOUSE. Met at noon. John D. Rockefellw and Bev. ,F. D., Gates invited to appear Monday before Steel Committee. Government estimates at tacked as misleading by ap propriations committee chair man. . Diplomatic recalls urged by Represeiitative Berger, socialist, on account of Kussian passport trouble. World’s sugar prices probed by sugar inquiry eommittee. ■ Tariff plans diseussed by dem ocrats on ways ahd meuis com mittee. Congress probtiibly will not act on Persian incident. AND WILL BOYD HRE Special to The, News. Raleigh, Dec. . 6.—The governor grants pardon for Charles Houston and Will Boyd, who have served one year of a four year sentence for man slaughter in Mecklenburg county, it is declared by the prosecuting attor ney and others now, that there isf grav^ doubt as to whether the jyiCY^CLQit IS men really took' part at all in the ^ ^ fight that resulted in the killing tor which the two were convicted. House Inquiry into Prices Of ^g from By Associated Press. Washington, Dec, 6.—Prices of su gar in all parts of the world were inquired into today by the house sugar trust committee. W. P. Willett, a sugar expert, was again summoned to tell the commi tee what he knew of sugar prices foregn cou^ifries and foreign markets. Chairman Hardwick, of the commit tee, received through the state de partment statistics on sugar some foreign nations. The eommmittee arranged to hear western beet sugar men at the con elusion of Mr. Willet’s testim^y. Washington, Dec. 6.—The first,meet ing of the democratic members of the house committee on ways and means since aMournment of cjpligrese last Chairman"*UnderwOod and his col leagues discussed the general tariff situation and considered the plan of action for the session. The committee will begin at once the preliminary work of revising sched ules. Included in the program for tariff revision will be wool, cotton, iron and steel, sugar agricultural imi)le- ments and foodstuffs. Senator Tillman Kicks on Cab Fare By Associated Press. Washington, Dec. 6.—Senator Till man, of South Carolina, declared to day he would not let any Wwhington cabman impose on him; and when it comes to making rates for traffic from the postoffice to the white house fie in tends to be his own interstate com merce commission. The senater arrived at the white house this morning by way of a rather dilapidated cab. As he stepped out he turned to the driver and handed him a quarter. The cabman looked at the quarter and then at the senatcwr. “The rate is fifty cents,” he said. “What. What?” said Senator Till man. “Do you mean to say it is fifty cents from the postoffice to the white house?” “Yes sir,” said the cabby. “You can look at the rates inside for yourself.” “Well,” said Senator Tillpmn, “it is too much and I won’t pay it,” and walked into the white house office. The cabman turned away laughing but kept the quarter. Sugar Reduced 10 Cents a Hundred. New York, Dec. 6.—All grades oi refined sugar were reduced ten cents a himdred pounds today. TO-DAY, THE DAY; PAGE SEVEN, THE PAGE Fooling Congrns By Associated Press. Los Angeles, Dec. 6.—The stage was set today for a federal grand jury investigation in Los Angeles of an alleged nation-wide djniamiting* conspiracy. The town, vexed and tom by the newly concluded murder trial ot James B. McNamara istnd the events leading to it, would be glad to let go of the whole aJSair, prominent citi zens declare. Bttt it is felt that this is out of the question. Among the reasons necessitating the investiga tion here, in the opinion of federal authorities, are: The presence of Ortle McManlgal, who by his .own assertion was a par ticipant in many dynamiting plots; thep resence of James B. MdNamara and his brother, John i. McNamara, pending their departure for San "Queii- tin penitentiary where they are sen-' tenced to life and «fifteen years im prisonment respectively. And the amazing quantity and com pleteness of evidence gathered against the McNamaras which led their chief of counsel to seek eager ly for terms upon which his clients might plead guilty. It is knoWn that thep resent status of the McNamaras has arisen as an obstacle to their appearance before theg rand jury. The evidence or James B. McNamara, a confessed murderer, it is said is not admissible in a court of law and there is some doubt as to that of John J. M'cIMa- mara. The rules of grand Jury pro- edure,* however, areh ot the same as those which gpvern the taking of evidence in court. Detective Burns Talks. Philadelphia, Dec. 6.—The McNama ra brothers were responsible for ex plosions in this city which damaged structural iron works on several building operations, according to Wil liam J. Burns, the detective who ar rived here today. “Yes,” said the detective, “I am positive that both of them w'ere re sponsible for all the explosions in this city on structural iron work during the last few years and others are implicated.” Mr. Bums says the probe in this city involved the explosion which occurred about a year ago in the safe of Harry Edwards’ fight promot er, which was being reconstructed, aibd another that damaged the iron To Death By Mob Of Land Tenants hrigation Congress Urges Drainage By Assoeiated Press. Chicago, Dec. 6.—“Too much water is as much a blight to land as none at f all,” was the pith of addresses given before the 19th annual session of the National Irrigation Congress today by delegates who ar« interested in re clamation of swamp lands. That the overflow lands, located chiefly in the southern and some of the Pacific coast states should be drained and made habitable and that the river courses should be regulated has, ac cording to B. A. Fowler, the president, become as much a part of the propa ganda of the congress as the irrigation problem. ' • Drainage as a basis for national de velopment,” was discussed by W. L. Park, vice-president of th^ Illinois Cen tral Railroad and other speakers, in cluding George S. Maxwell, executive director of the Pittsburg flood com- mist^on. Delegates from foreign coun- tries/were to discuss conditions abroad at tl^is afternoon’s session. Lynching Patty Waylaid Ne- 'groes and Burned Two Men And One Woman Alive— Details ojt Crime are Meagre, By Associated Press. Peklhg, China, Dec. 6.—^Prinoe Chun, the regent and father of the child em peror abdicated today. His place as guardian of the throne is taken jointly by Shin Hou, a Man^ chu prince and former president of the national assembly and Hsu Shih Chang, vice-president of the privy council. Prince Chun has been the chief fig ure in China since the death of the em peror, Kwang Su, and the Empress Dowager in 1908. From the dark days which followed the death of those rul ers emerged the ruler of China. At no time was Prince Chun's re- bakjg-4>lac«d--wupo8itioi:^fW^ He. tried to,hoW By Associated Press. Washington, Dec. 6.—Chairman Fitz gerald, of the House committee on ap propriations today charged that Secre tary MacVeagh had sent to congress misleading estimates of the needs of the government for the next' fiscal year. Instead of constituting a sav ing as indicated by the face of the figures, Mr. Fitzgerald says the Treas ury Department’s estimates call for aggregate appropriations of $20,733,922 more last year. The total of the Treasury estimates according to Mr. Fitzgerald should be $1,019,882,728 instead of $745,834,563. Secretary MacVeagh’s figures do not include anything for the postal ser vice, estimated to cost $260,988,463, al though this department is expected to be self-supporting and Mr. Fitzgerald said the figures do not include $13,- 109,701 to continue construction of public buildings authorized by pre vious congresses. Lack ,.r . -'' ‘n one third of our to these benevolenc- ^ Y them give prac- Interest Condemned. S' ^*^‘8 Jack of in- GOVERNOR HARMON GUEST OF ATLANTA T8h Pr‘ Atlanta, Dec. 0.—Governor Judson Harmon of Ohio was the guest here to- i.nr« w Southern Corn Show. He n nf iK arrived about noon and attended a . luncheon given in his honor by the ^*icur- cham^r TOminerce. Later in the ■’ I'le forei*^" mission afternoon he reviewed the "King Com' Wrry and parade and made an address, much^ their u-nru order to which waa devoted to the “back to the ^ork. He said in thl«i»oIl" i^oT«mep.t. JUS, Some valuable city and coun- ♦ ty real estate advertised for ♦ sale, under execution. Clip these ♦ ads from the paper and jot down ♦ the date of sale. Some bargains ♦ are sometimes gathered In at ^ these “imder-the-hammer” sales. ♦ PAGE EldlHT EVERY DAY Wants, For Rent, For Sale, Lost, Fotmd, Stolen and Oppor-^ tunities. ON ALL THE PAGES EVERY ♦ DAY V Live local and foreign news - and store news from Charlotte’s - live mstirchants. ’Nuf Ced a delphia Rapid Transit Company’s eleA^ated road on Delaware avenue and on Market street. This t work was being done by the American Bridge Company. In these explosions no person was killed or injured. After the explosions‘sticks of dynamite were found in an alleyway near the building of the Pittsburg Plate Glass Company in the center of thee ity. • Detective purns says he has knowl edge that one of the McNamaras was registered at a local hotel the .day of the explosion in Edwards’ place The detective further said that Ortie McManlgal told him that he came here under instmctions tO' ■blow up a railroad bridge but when he found the structure was close to a number of tenement houses he fear ed there would be, loss of life and he went away without dynamiting the bridge. Asked if any further arrests would be made in what the prosecution at I^s Angeles alleges to have been a big conspiracy, Mr. Burns replied in the affirmative but he would not men tion any names. ^ '‘Will the arrests include any past or present member of the structural iron workers union?” “I do not care to say but I will say this—the national board of the associatioh appropriated certain sums to John J. McNamara and in my opinion they knew the money was to be used for dynamiting pur poses NAMES HARLAN INTERSTATE COMMERCE COMMISSIONER. Bjr Associated Press. Washington, D. C., Dec. 6.—Presi-' dent Taft announced today that he would srend to the senate the name of James S. Harlan, inter-state commerce commissioner, to continue in that posi tion. Mr. Harlan, who is a son of t^e late Justice Harlan, of the supreme court, will be renominated for a sev en-year tierm. ATTORNEY GENERAL WICKERSHAM BETTER. By Associated Press. Washington, Dec. 6.—Attorney Gen eral Wickersham, who suffered an attack of indigestion while attending the cabinet meeting yesterday, was reported improved this motn^g. JHON D. INVITED BEFORE COMMITTEE. Washington, Dec. 6.—^John D. Rockefeller and Rev. Fred D.,^ Gates, manager of Mr^ Rockefeller’s chari ties, were today invited by Chairman Stanley, of the house steel trust in vestigating committee to appear be' fore the committee next Monday if they care to do s6, to reply to the charges by the Merritt brothers of Minneapolis, conceriiing the $20,000,- 000 Mesaba ore properties in Minne sota. CONGRESS WILL NOT^ACT ON SHUSTER INCIDENT Fom Men Killed In Tram Wteck By Asociated Press. Pittsburg, Dec. 6.—Five trainmen were killed and a score injured, a number of them seriously, this morning in a wreck of two freights and an expressstrain on the Pennsylvania rail road at Devil's Bend, one half mile east of Manor, Pa. The dead are: Engineer Frank Daily, of the ex press' train, and three unidentified men who were in the express cars. Fireman John Myers was perhaps fatally injured while several other members of the three crews were seriously hurt. Many others sustain ed bruises. Twenty-six out of twenty-seven val uable horses which were b^g car ried in one of I the express cars were killed. Debris was scattered over the four main tracks and traffic was tied up for hours. The wreck was due primarily to the stalling of ..an extra westbound freight. A second extra freightf^which followed ran into the rear of the, first. The impact threw both trains from- the track. Before fiagmenv could be hurried to give warning a fast Chicago train carrying nothing but express .rushed along the west bound passenger track into the wreckage of the freights. The .express train was thrown from the rails and went over a twenty foot embankment By Associated Pfess. Washington, Dec. 6.^—Congress will not act on the Shuster incident in Persia, according to the conclusions reached by the democratic Readers in the house Officers of Georgia University Squad Athens, Ga., Dec. 6.r—At the football election here last night Robert Mc Whorter and HoWell Peacock were tied in the voting for captain of the Georgia University squad. A new Section wUl be lield toda]|^ Chinas* Regent Abdicated Throne Victims Werf^ied to Wagon Carrying Cotton—One Mule Burned—Took Placi Near Clijton, Tenn. By Asociated Press. Memphis, Tenn.,^ Dec. 6.—Two ne groes and one young negrress were burned to death by a mob of white land tenants who object to the occu pancy of land J>y colored people, neai Savannah, Tennessee, yesterday, ac« cording to meagre reports rcelved here today. The lynching is said to have occu^ red ten miles from Clifton, Tenn., ^ the vicinity of Bobs Landing. The three negroes were traveliu;^ «o a gin with a lead of ^eed cotton. They were wftylai^, held up and tied to the wagon load of cotton, it is said, and the mob after building a fire beneath the wagon stood guard until the wagon was consumed. The negroes’ team con« sisted of two mules. One animal was permitted to burn to death, acccHrd* ing to the reports Received at Savan-« nah while the other was shot to end its misery. ; to a middle ^ound, which pleased neither the Manchu reactionaries nor the native progressives. He has hand led the present crisis with something less than his old time vigor and recent reports have hinted that his mind was weakening Wu Ting Fang,'the former Chinese minister at Washington, who is now one of the revolutionary leaders in Shanghai, issued an appeal to Chun a few days ago urging him to abdicate in favor of the republic. It was re ported later from Peking that Chun was willing to accept a pension and retire to Je Hoi if his personal safety was assured. Russia’s Attitude SuggeSfed St Petersburg, Dec. o.—Comment ing on the declaration or. Mongolian independence at Urga, Mongolia, the Novoe Vremya, which is used fre quently to give 6 forecast of the Russian government’s intentions says that Russia should accept the ac complished fact and recognize Mon golia as an independent state. In this connection the newspaper empha sizes the Dalai Llama’s friendship for Russia. , French Troops For Peking. Hong Kong, Dec. 6.—A detachment of French troops consisting of 200 men of the colonial infantry and a battery of four guns arrived here today and have since sailed for Pe king. ) Crude Cotton Seed Oil. Atlanta, Dec. 6.—Crude cotton seed oil 31 l-2aS2. CHARGED WITH WIFE MURDER. By Associated Press. Amerlcus, Ga, Dec. 6.—Mert S. Chll« ders, under indictment for thfe murder of his young wife with poison, was brought here thi» morning from Lees burg to await the opening of his seo ond trial next Monday. ^ UNCERTAIN WHETHER REYES iiAS LEFT UNITED STATES By Associated Press., San Antonio, Texas, Dec. 6.—Re* ports were still conflicting early to days as to lehether" Gen." Bernardo Reyes had Ifeft United States terri tory. At his residence here the state ment Was reiterated that the general was confined to his room by illness. Other reports say he crossed into Mexico at Amaupllas. Mexican secret service men are more than ever on the alert. WILL TRY TO PASS HOME RULE BILL By Associated Press. London, Dec. 6.—Premier Asquith announced in the House of Commons this afternoon that the government would use all the constitutional means at his disposal to pass a home rule bill for Ireland during the life of the present parliament. Federation of Labor Meets. By Associated Press. Washington, Dec.6 .—The ways and means committee of the American Fed- eration of Labor met in the office of Samuel Gompers here today. ^ The meeting may continue through the day and into tomorrow. All phases of the McNamara case are to be considered. Death of Col Hawkins. By Associated Press. Upper Sandusky, O., Dec. 6.—Col. E. A. Hankins, 68, who as a private in the signal service of the union army was the first to telegraph to Washington the news of the comple tion of Sherman's march to the sea, died herel ast night. B[H nn con By Associated Press. fhold goods from Charlotte, N. C., to , L „ Washington, D. C., Dec. 6.—The right Davis, W. Va., no published rate, as of the states to penalize railroads for j authorized by the interstate commerce refusing to receive goods for shipment laws, existed between Charlotte and in interstate commerce was argued today before the supreme court ot the United States. The question presented to the court concerned particularly the state of North Carolina. A direct attack was being made on the constitutionality of the statute, enacted in 1905 in that state, imposing a penalty of $50 a day on a railroad for every day it refused to accept goods for transportation. The principle^ involved was before the court in two different cases. One arose out of the shipment of a car load of shingles by Reid ft Beam from Rutherfordton, N, C. to Scottsville, Tenn. When they loaded the shingles onto a car and asked the station agent at Rutherfordton to ship it to Scott ville, it was declared that he replied he knew of no such place. It provted to be a flag station on the Knoxville and Augusta railroad, to which no publish ed rate existed. After several days de lay, the goods were shipped. No dam ages "were proven,to have resulted to Davis, and the shipment was delayed five days before a rate was obtained. A jury awarded Mrs. Reid $25 damages and $250 as penalty. In both cases the defendant was the Southern Railway Company. The law is attacked largely on the grcmnd that it was an interference by the state with interstate commerce. The 'supreme court of North Carolina sustained the law as constitutional. The court took the position that con gress had not legislated in reference to railroads receiving goods for ship ment and theretore that the subject was open to regulation by the states, until congress exercises such a right. A dissenting opinion, however, was heard in the court.' , In the case arising out of the ship ment from Charlotte to Davis, the su preme court said that it was not ex pected that the railroad should have on file published rates from Charlotte to every place in the nnion, and while the railroad might be prohibited t»y tjie shippers, but they recovered $3504the interstate commerce laws from as penalty imposed by the statute for refusal to receive the goods. The second case'arose out of Mrs. Lb Reid’s attempt , to shii> house* shipping withoxit such a rate being published, yet the laws did not pro-' hibit the railroad from receiving the goods. *

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