WHMNGTOy, y.. C, WEDNESDAY, FEBRUARY 7, 1906, FIVE CENTS 1 THE RITE BILL Seventeen Favorable Speeches Made Yesterday THE DEBATE ENDS TO-DAY Railroads Came in for an Unusual Amount of Criticism Mr. GiIIipie Severe-in His Criticism of the President's Answer to the Reso Iution Calling for Information on the Pennsylvania Railroad Combine Another Resolution Will Ask Inves ligation of All the Charges Mr, Stanley Upbraids Republicans Has Words of Praise for Bryan am Washington, February 6. Having fixed the end of the general debate on the rate bill at 4:30 o'clock tomor row, the recognition of the chair was passed around at a lively rate in .the House today. Seventeen speeches were made, all of them for the measure. The railroads came in for an unusual amount of criticism. Mr. Gillespie (Texas), author of the resolution rQarding the alleged Penn sylvania railroad commission answered yesterday by the President, declared today, that that answer, was an in suit; that with the great machinery at hand a complete investigation of actual condition should have been made. He said such an investigation would show that the railroads carry ing bituminous coal to the Atlantic ports are the Pennsylvania, New York Central, Baltimore and Ohio, Chesa peake and Ohio, Norfolk and Western and the Reading. He recited the facts developed concerning the' relations of four of these railroads which were named in his first resolution in regard to their having the same stockholders and directors. He asserted that an in vestigation would show "that there had been an allotment to each coal carry ing road of a certain territory, to pre vent competition in markets by means ,of rate adjustments, agreements and combinations. Also that the Pennsyl vania and New York Central.by means of their stock ownership arrangements, have prevented coal from the terri tory of the Norfolk and Western and Chesapeake and Ohio being offered anywhere above the Virginia capes; also that the Pennsylvania Company has the power to curtail shipments from territory served by the Baltimore and Ohio and Chesapeake and Ohio and Norfolk and Western, also that the Baltimore and Ohio declines to allot a fair proportion of cars to inde pendent shippers, or to allow inde pendent companies to open up new mines and become shippers on the line of the Baltimore and Ohio; also that an investigation would show that the Pennsylvania Railroad and its officers were interested in coal companies shipping over its lines. Mr. Gillespie has prepared a resolu tion, which he will introduce, request ing the President to direct the inter state commerce commission to make an immediate investigatfojiofall these charges. That a commission controlled by the Pennsylvania Railroad existed to con trol the coal output of West Virgin io, was stated by Mr. Gaines (Republi can) Of that ctate. In the spring of 1904, he introduced a resolution, in Hie House on that point. It was not pressed, but Mr. Gaines said he was furnished with the information he had asked for the interstate commerce commission some time later. This information showed, "he "xmtinued, "that the Pennsylvania Company and its affiliated lines, controlled the Ches apeake and Ohio, the Baltimore and Ohio, and the Norfolk and Western roads, and exercised this control for the purpose of limiting the coal prod uct of West Virginia, and preventing it from entering into competition with the coal from the Pennsylvania mines in both eastern and western markets. Mr. Gaines read two sections from the Southern Railway and Steamship Association agreement, dividing up the territory as follows: "That a" line from Buffalo, through Salamapa, Pittsburg, Wheeling and Parkersburg to Huntington. W. Va., be made the dividing line between eastern and western lines for the ter ritory hereinafter outlined. That the western lines shall not make joint rates from points east of that line for any oints east of a line drawn from Chattanooga through Birmingham, Selma and Montgomery to Pensacola. "The eastern lines including the Richmond and Danville railroad via Strasburg, or points east of Strasburg and the East Tennessee, Virginia and Georgia Railway; via Bristol shall not make joint rates on traffic from points west of that dne (Buffalo, etc.) to any points on or west of a line drawn from Chattanooga, through Athens, Augusta and Macon to Live Oak, Flor ida. The traffic from Buffalo, Augusta, and Macon to Live Oak, Florida. The traffic from Buffalo through Salaman ca, Pittsburg, Wheeling and Parkers burg to Huntington, W. Va., and points on that line to and east of Chattanooga, Calers and Salem shall be carried by either the eastern or western lines only at such rates as may be agreed uponf" This agreement, he said, was signed by the proper officers of 29 railroad ana steamsnip companies. . it was these combinations to stifle competi tion that led to government action, said Mr. Gaines. Declaring the rate bill supremely democratic and only adopted" by the Republicans because the President had forced it, Mr. Stanley (Ky.) said: "I have never been one of those who have gone into hysterics over the President and shall 'not do it now. He is your acknowledged master, and no matter how nauseous the dose, when he shows h?"5 teeth and cracks his whip, you squirm and cower and dare not resist him." . ! Mr. Stanley eulogized William Jen nings Bryan, saying every ,'unpeniten tiaried thief on Wal! street shuddered at the mention of his name. j In 1900 these private car contracts gave $400,- 000 in three checks to keep him in private life." Mr. Small (N. C.) objected to the im mied msnarangement oi jongiebH through the laudation given the Presi dent as the one to whom credit was due. The House of Representatives he believed as amenable to public opin ion as any parliamentary body in the world. Mr. Finley (S. C.) regretted what he considered the lack of adequate power conferred on the commission to take the initiative m rate maKing Tbi day ended TwUh a geral TaugH at Mr. Sulzer (N. Y.) who made nis appearance as a humorist. He toastec. the opponents of thejm viewea witn . .r-rr iTiari rmt as the "African In the wood pile" the word "suspended." which he said would apply to eve-y rate fixed until the poor shipper was financially suspended in trying to en force it. However, he will vote for the hill. The list of speakers included Burnett (Ala), Lewis (Ga.), Gudger (N. C), and Candler (Miss.). The House adjourned until tomor row. FOUND DEAD IN THE WOODS Rartlv Decomposed Body on the Outskirts of Roanoke Body Identified as That of Sturley Arm strong, a Missing Bank Cashier. Pittsburg, Pa., February 6. The badly decomposed body of a man with a bullet hole through his head, which was found in a thicket on the out skirts of Roanoke, Va., is that of Sturlev C. Armstrong, tne casnier oi the Washington National Bank, who mvsterioiislv disappeared from this city, on anuary 2. The identification was made possible early today whJera the number 243,241 attached to a bunch of keys, which were found on the body, was identified as the num ber of the accident insurance policy carried by the missing cashier. Mr. Armstrong's wife and four chii dren were prostrated on hearing the . , - ii I news. Since his disappearance tuey hnvp rrwr hp, wrmirt enmpj back safe, and the news of his death was a great shock to them. Mr. Armstrong was well known in banking circles here, his accounts were found to be entirely correct. Mrs. Armstrong, the cashier's wife, declared it was her belief that her husband's mind had become deranged from overwork and anxiety. Roanoke, Va., February 0. The body of Armstrong is being held here for the family. A tag sewed on the inside of the waistcoat pocket, bears the name of a Pittsburg clothier together with that of "S. C. Armstrong" written in ink. Armstrong was in Charleston, W. Va., January 4, and on that date bought a railroad ticket Jo Bristol, Tenn It is not known when he arriv-i ed in Roanoke. ' SHORT TO DEATH BY WHITE 3IEX z1 Mob Kills .Tim Cotton, a Negro, Who Had Attempted to Shoot Jim Phil lips. Montgomery, Ala., February 6. A special to The Advertiser from Ozark, Ala., says: Jim Cotton, a negro, was shot to death Sunday at Elmaville, by a mob of white men. Saturday. Cotton, who was drunk, cursed Jim Philips, a guano salesman, and the white man administered a thrashing. That night as Phillips sat in his room, some one fired upen him with a shot gun loaded with small shot. Several window panes were broken, but Phillies was not: injured. There was evidence that Cotton had fired the shot, and Sunday morning a number of white men went to his home and shot his brains out. So far no arrests have been made, but a searching investigation into the affairs will be made by the authori ties. Negro Escapes From Convict Camp. (Special to The Messenger.) Raleigh, N. C, February 6. The penitentiary authorities announce that! John Allen, alias wl ored, has escaped from uthe amp- on the Raleigh and Pamiiw road xle IS nineteen vpars old. nnr? was sentenced from Onsiow last July for five years. A $25 rerd is offered for recapture. "?wra onerea I TRUSTEES OF THE UIEBSITY Interesting Annual Report Wade L- by President Venable 652 STUD EXTS ARE REGISTERED Several Changes in the Facultj-. 3Ir. DeRouhlac Hamilton Elected Assis tant Professor of History Carnegie Offers $50,000 for Library Need of Enlarged Teaching: Force. (Special to The MesseLjer.) Raleigh, N. C, February .6. The, annual meeting of the trustees of the University of North Carolina was held in the governor's office today, Governor Glenn presiding. The re port of President Venaoie was sub mitted. Some changes have i been made in the faculty during the year, the principal one being the resigna tion of Dr. Richard H. Whitehead, of me medical department, who weni to the University of Virginia. The de partment was re-orgariized and en larged. Dr. Isaac H. Manning was made dean, and several assistants ad ded, with an increase of professors from three to five. Dr. Charles H. Herty took charge of the chemical department. Professor N. W. Walker took the chair o secondary educa tion. It will be imperatively necessary to ? teaching force as the pro- r;: rrr":? " 1 frAshn thAtir. ha professors, six instructors ahl? five as- sistants is a comparative estimate of the additional force necessary. The new chemical laboratory is a great aid to the University. Upon it $45,000 has been expended. It will be thor oughly equipped. . The chemical building will be used by the medical school, and quarters will be provided for the department of biology. This is the 11th session and the en rollment is larger than ever before and the outlook better. The number oi stuaenis is do. ;inety-iwu per- I Cell L aic iiuui lvji'Lii vuuiiua, xtxc.v lenburg has 30, Wake, 28, Orange, 35, New Hanover 13. Buncombe 19. There are 213 Methodists, 136 Baptists, 113 Presbyterians, 92 Episcopalians; 10 per cent are church members. Ten colleges and eighty-five schools are represented. Hiignty-eignt per cent passed three-fourths of all thejexami illations. Several - echoliarshirkt havei been established as gifts. Carnegie promises $50,000 for a library if a like sum is raised. The General Edu cation Board of New York promises $2,500. About $4,000 is needed to com plete the Y. M. C. A. building. The an nuil appropriation to the University by the state is $45,000. The total In come is $104,000, expenditures, $108, 000. . The trustees elected J. G. DeRoulhac ! Hamilton assistant professor of his tory. He was born at riiiisooro, was n student' at the University of the South, Sewanee, where the degree oi x. .e a . A m vtsw4-v? XJa Tiroes master oi area was wm.cn cu. the Hill scholar there, and received the Richmond prize in political sci ence. He was valedictorian oi ms class. He taught at Horner military school. Later he entered the graduate school of Columbia University, ana was awarded a University scholarship and was alternate for fellowship. His work in residence was completed last May, and his examinations for degree of doctor of philosophy passed. His thesis for that degree prepared since his return to North Carolina, has been accepted and the degree will be con ferred at the next commencement. He took charge of the Wilmington High School, as principal and has succeeded admirably. He is a member of the American Historical Association and of the Southern Historical Associa tion. END OF THE BREESE CASE One of the Jurors Was Not Qualified Lower Court in Error in Not Sus taining the Plea in Abatement and the Motion to Quash. Richmond, Va., February 6.A de cision bythlT United States circuit . t court of appeals here today in me case of William E. Breese, charged vrllh misappropriating funds of the National bank of Asheville, N. C, of which he was president, virtually dis posed of the case, which has been in the courts of North Carolina for years. The Breese plea asserted that C. C. Phifer, one of the members of the grand jury, that returned the indictment, was not the owner of more than $100 of personal property, and that he had not paid his taxes upon said property, wnich Is required by the laws of North Carolina in order to be qualified to serve as a grand juror. The appellate court holds that the grand juror was not qualified to serve, and, therefore, the lower court was in error in not sustaining the plea in abatement and the motion to quash, and therefore, the judgment of tho cases at nrJZ ? and A, ... . S I t 9 T fZL l ? 1S "SL , 13 noW too late to have them reindict- jed by another grand jury. FAVORED GREENE AND GAYNOR Other Contractors Shut Out From , Bidding on Work! PRACTICE OF CAPTAIX CARTER One Phase of the Method Was the Withholding of Specifications, Ex cept From Engineers Who Were in the Conspiracy Chief Clerk Sterley. of the Office Force of Carter, Was the Only Witness. Savannah, Ga., February . 6. Evi dence presented for the government in the Greene and Gaynor case today designed to show an alleged practice of Captain Carter to shut out other contractors than the defendants from river and harbor improvements made under the supervision of Carter, with whom Greene and Gaynor are charged with hav conspired to defraud the government of some two million dollars. ; One phase of the method alleged to have been followed by Carter was the withholding ofspecifications from con tractors who were not in collusion with the engineer. Carter, it was shown, in most cases would enclose but one copy of specifications, where as it was essential that the contrac tors should have these, as proposals, with specifications attached had to be made in triplicate. By the time let ters had been exchanged and the addi tional copies sent, it was alleged, the date for the opening of bids would have approached so closely as to pre clude "outsiders" getting in their pro posals in time. Many letters were introduced. The authenticity of these was proven by Chief Clerk Sterley, of the office force of Carter and his successors. Mr. Sterley was the sole witness. Interest was added to the proced ings by occasional sharp colloquys be tween opposing counsel. Sterley testified that specifications were ready July 30, for the Savannah contract of 1892 upon which $3,150, 000 were to be expended. Bids were to be opened August 20. District Attorney Erwin explained to the court that though Carter had plen ty of copies of specifications, he was accustomed' to send but one, though he knew the bids had to be submitted in duplicate. By the replies of those who desired theoftier-two copies, Mr. Erwin said, Carter and Greene and able to keep a careful check ufcn those who Purposed, to bin snmp nf thfi letters, he declared, show ed that these copies had been properly sent upon application but these wen to Greene and Gaynor or their allejed confederates. In one case instead of specifications Carter had enclosed a copy of the ordnance officer's report from one of the harbor forts. To this Carter offered an apology by letter and enclosed, as seemed his rule, one copy instead of three and this nine days before the date fixed for open ing the bids. . . Some of the letters received by car ter showed that he sent specifications as late as three days before the date fixed for opening the bids. One writ ten by Carter enclosed specifications eighteen days after the receipt of the request for them. Several letters from letters from contractors who had been sent specifications were received by Carter. Some of these read in court, stated that owing to the short time left them the contractors"had been una ble to prepare bids. Adjournment was taken until tomor row ; CHARGED WITH GRAND LARCENY George Coleman Causes Arrest of His Wife and a Former Employe. New York, February 6 George C. Coleman, said to be the president of a gold mining company in Goldfield, Nevada, today caused the arrest of his wife, Mrs. Mabel Coleman and Frank Stanley, a chauffner and former em ploye on charges of grand larceny. Coleman alleges that he was deserted by his wifr January 15 last, at which time his chauffeur left him and he discovered the loss of $50,000 shares of a gold mining company with a par value of $1 each. Mr. Coleman has been living in a hotel in this city for several months. When he came with his wife, who was Miss Mabel Zim mer, of; Philadelphia, whom he mar ried November 2G last, he leased an automobile and employed Stanley as chauffeur. Stanley was arrested during the early afternoon after a lively chase which lasted for twenty blocks. He said he lived at 10G west Gist street. Tonight the police located Mrs. Cole man at that address. She and Stan ley denied any knowledge of the miss ing bonds. Stanley was held in $5,000 bail, i Mallory Quarantine Bill Approved. Washington, February G. The Mal lory national quarantine bill in amend ed form was approved tonight by a caucus -of thirty southern representa tives and one senator, the only nega tive votes being cast by the six Texas representatives. As amended Senator Mallory will re-introduce the bill in the senate tnd . Representaive John Sharp Williams will introduce it in the house and urge its passage as representing the views of the south on caiciiaiuu oi leucKt wumj i hoth maritime and interstate quartine. BAPTIST PREACHER SUICIDES Rev. George H. Simons Found Dead. in Bed Serious Stories Affecting: His Morals Recently Circulated Was I Manager of the Yates Senatorial' Campaign. Peoria, 111., February G. Rev. Geo. H Simons, pastor of the First Baptist church, president of the Interstate Savings Bank, and the Peoples Sav ings Bank, and recently appointed manager of the Yates- senatorial cam paign in Peoria county, was found dead in bed this morning. He has been the object of investiation af the hands of the state's attorney, the two banks, and his congregation on the gravest charges and it is presumed to be a case of suicide. The body was found by his wife when she called him to breakfast. He remained down town until late last night, disposing of some business matters. A letter found beside him showed-that death was premeditated. He said this wras his last night on earth and wanted to leave a message of undying love to all. In part it said: "Also no blame must attach to ex-Governor Yates nor his associates. He simply gave me an opportunity wnicn enemies nave prevented my using." The last line, "time fails me should I attempt to write personal messages, indicates he was dying as be brought the letter to a close. Physicians are of opinion that death was caused by cyanide of po tassium. Coroner Baker ha3 taken charge of the body. The Peoples Savings Bank, of whicK" Simons was president, did not open this morning. Cashier Look said the bank would re main closed until some plan of action could be determined. There was a run on the bank yesterday and today a large crowd surrounded the build ing. The Interstate Savings Bank, of which Simons was president up to yesterday when his resignation was accepted, was also the object of runa yesterday and today. Early this morning the bank building was crowd ed with depositors demanding their money. Cashier Anicker said they would be able to stand the drain. Dr. Simons came to the First Bap tist church five years ago from Terre Haute, Ind., and had been remarkably successful. He secured national pub licity two years ago by advocating a dramatization of the life of Christ. He became local manager of the sen atorial campaign! of former Governor Yates a week ago, and shortly after serious stories affecting his morals were circulated. State's' Attorney Scholes undertook an investigation yesterday and secured some sensation al statements from boys of his con gregation. Dr. Simons was 40 years old and leaves a widow. He held charges in Texas, in Jackson, Tenn., and in Louisville, Ky., before coming here. WEED DIED AT THE SANITARIUM And Irs. Weed Was With Him. Say the Hospital Authorities. New York. February 5. E. B. Weed, of Fayetteville, N. C, on the advice of Dr. John A. Bodine, of No. 9 East 39th street, entered ' the private sanitarium at No. 22 West Sixth-first street, on December 13th and died there on De cember 17th, after an operation was performed by Dr. Brodine for appendi citis. The deceased came to New York some time before the operation. Deceased according1 to Dr. Brodine and Mrs. Weed, arrived here just previous to the operation. She remained with her husband until he died, when she returned with the body to Fayette ville. At the sanitarium absolutely no in formation regarding Mr. Weed could be obtained, those in charge saying that it was against the .rules of the institution to discuss any of "their patients unless on an order from some relative with authority to issue such order. Dr. Brodine asserted that there was nothing unusual in Mr. Weed's death or the circumstances surround ing it. I The above information secured at the request of the News and Observer by the Central News Agency of New York, seems to dispose of the rumor once for all, that Mr. Weed did not die at the sanitarium there. but is now alive and in Europe. As t the body being taken back to Fayette ville, the hospital authorities might easily have been mistaken in this; and they evidently were according to the reports received from Fayette ville. Special to News and Observer. Decision of Supreme Court in a Strange Case. (Special to The Messenger.) Raleigh, February 6. The supreme court i dismissed the first cse called on its docket at this term, o.r the ground that it was unconstitutional. It was the state and town of Bath again Burbage, who was fined for vio lating an ordinance of this, the oldest North Carolina town, prohibiting a man from entering his place of busi ness on Sunday except through the front door, and even thus only during certain hours. It is one of the strang est cases ever brought before this court. To Abolish State Dispensary. Columbia, S. C, February G. The house of representatives today passed by 23 majority the Morgan bill to toon sn tne state dispensary The bill already has passed the. senate. OF TE j Its Prerogatives in the Framing of Treaties BACON RAISES QUESTION Resolution Asks Information on Algecias Conference Discussion of Mr. Patterson's. Resolu tion Concerning: the Action of the Democratic Caucus Wars not Brought Up Mr. Bacon 3Iade a Plea for the" Right of the Senate Two or Three Sharp Clashes Between air. Bacon and Mr. Spooner.. j Washington, February 6.. The Sen ate did not have an opportunity to day to hear the discussion of Mr. Pat terson's resolution on action of the Democratic caucus as was partially promised yesterday, but gave the en tire day to a review of the prerogatives of the Senate in the matter of framing treaties. The question was raised by Mr. Bacon, in a speech on his resolu tion requesting information, concerniiur the Algeciras conference. He talked for almost three hours, and was fol lowed by Mr. Spooner for consid erably more than an hour. Both speeches were interspersed with de bate, largely between Messrs. Bacon and Spooner, and there were two oc three very sharp clashes between them. Mr. Bacon's speech was in the main a plea for the right of the Senate to "advise and . consent" in the matter of the negotiation of treaties, and was largely a reply to Mr. Spooner's recent speech on this question. Mr. Bacon contended that Congress was in far greater danger of encroach ment from the executive than was the executive from the Congre3s. "Who doesn't know," he asked, "that the most influential part of the legislative power is at the other end of Pennsyl vania avenue, in the White House? I don't refer to the present occupant", he added, "but to all the occupants of the past gtreratiou..' He added how ever, that the tendency had never been more pronounced than It was today. Mr. Bacon contended that if the United States should establish the pre cedent of taking charge of the fiscal affairs of Santo Domingo, conditlona were such in other South and Central American countries as to render It probable that this country-would as sume similar duties there. "Not only are we to take on this ulcerous sore. this pestiferous cancer of Santo Do mingo, but like calamities are liable to befall us in other countries." he as serted. Mr. Bacon declared that not only the Senate had the right to particpate an tne negotiation or a treaty, but that it was perfectly competent for the Senate to formulate a treaty and send It to the President. Mr. Spooner followed Mr. Bacon, declaring his conviction that it was the duty of the President to send del egates to Algeciras. "If anything, on earth prevents war between two great powers, both friendly to us, it will be the assembling and the deliberation of this conference at Algeciras." During a colloquy between Mr. Spooner and Mr. Bacon concerning the resolution which the latter had in troduced asking for information con cerning Morocco, some heat was dis played by both Senators. Mr. Spooner said the request for information should have been made In secret session and there would have been no. opposition. "It was in secret session and the Senator did object," retorted Mr. Ba con sharply. Mr. Spooner said the introduction of the resolution in open session was "grossly unfair" and after a further exchange said: "The intention was to bring- the President to book before the people of the United States." Mr, Bacon with evident feeling re plied: "I utterly and emphatically, and so far as I can do so. under parliamen tary usage. I resent the imputation." Mr. Spooner disavowed anr intention to offend. i Mr. Spooner declared that in the ex ercise of his duties the President is "uncontrolled and uncontrollable, and not answerable to us or the other house." Mr. Tillman interrupted to relate that a. few days ago he had read in the newspapers an account of a visit by Mr. Spooner and his colleague. Mr. LaFollette. to the White House and told how they had come out arm in arm "parnoble fratrum" and that when asked by the newspaper men for. a statement regarding the -DurDose iof the interview, Mr. Spooner had replied that "it was only a little matter of an appointment.' I "What I want to know", asked Mr. Tillman, "is -what the Senators were. doing at the White House if they were not 'advising! with the President?" ! Mr. Spooner's renlv was darinsr. He simply said "It Is none-of the Sen ator's business." Mr. Tillman joined in the general laugh at his expense, but he lost no time In declaring that Mr. Spooner- reply , showed that he (Mr. Tillman) "had him up a tree." j Mr. Tillman's resolution directing the committee on immigration to make an Investigation of the Chinese boycott of American goods was adopted.! The Senate adjourned until tomorrow. POWER SEND V.