AOL. XIX. NO. 85. WILMINGTON, K. C., FKIDAT, APRZL 13. 1906. FIVE CENTS 0 1 1 BAILWAY RATE BILL Foraker Urges Unconstitution ality of Pending Measure SUGGESTS AMENDMENTS Day For Voting May Be Agreed Upon in Senate Next Week Several Speeches Yet to Ic Made on j vtlie The Measure 3Iay be Coiv slderetl Section Iir Section Some Time Before Final Vote is Taken. Latimer Favors Limiting, the Power or tin? Courts Wltfch are to Have the Right to Review Findings of Uie Commission Mr. Foraker Discussed Several Amendments Proposed by Him. Washington, April 12. After a brief speech by "Mr. Latimer in support of the house railroad rate bill, Mr. For aker today took the floor on that mea sure and consumed practically all of the remainder of the session. lie spent some time In the discussion of some of the amendments he has suggested to the bill and then entered upon the consideration of the entire question of railroad rate regulation, urging again the unconstitutionality! of the pending bill from various points of view. He was frequently interrupted by other senators. Mr. Lodge spoke briefly in support of the practice of granting lower rates on goods intended for ex port than on those used in domestic consumption. Mr. Latimer in his. speech said that at the present time nEven corporations control practically all of the railroads of the country, and no argument Is necessary to convince a thinking man that this consolidation means the elimination of competition and the placing of despotic power in the hands of a few men. Charging that consolidation of trans portation facilities has reached a cli max where the people axe powerless to prevent abuse of railroad power, he said he would be glad to see the pend ing bill pass with an amendment dis tinctly forbidding any interference by the courts with the work of the com mission. WCether a measure of that character would.be unconstitutional he IxMieved would have to be decided by the supreme court, lie thought that any restriction of the authority of the commission would impair its work, and that it would be better to pass a law giving authority to the commission and let the supreme court of the Unit ed States pass upon it nnd then reach the situation as It may develop by con stitutional amendment, or by modifica tion of the law, if need be. Summarizing what he believed to be the legislative situation of the pending measure, Mr. Latimer said: -I am lead to believe, however, trcm the discussions that. have taken p'fi-a here in the house, that we will be unable to pass the pending bill r without providing for a review by the courts. This being true, we should pass the bill in such form as will as nearly as possible accomplish the de sired end. It is of the highest import ance that we should enact a law at this session of congress. The people are demanding immediate relief, and. not being able to secure what I believe . Jf tne operators should decline to en the conditions demand, I shall vote for . tertaln either of the propositions sub- the iending bill with such amend ments as tend to throw safeguards around the work of the commission." "If the courts are to have the power to review the findings of the commis sion," said Mr. Latimer, -I am in favor of limiting that power by denying them the right to issue interlocutory orders," While Mr. Foraker was speaking Mr. . Tillman said there were still several speeches to be made on the bill. lie thought the last of these would be de livered some time next week, and that then a day for voting could be agreed upon. He again said that he would ask that some time In advance of the final vote be given to the consideration of tho bill section by section. Mr. Foraker then discussed his. amendment giving complainants the alternative of taking their cases into Atl courts in preference to the inter state commerce commission. He de- clared that the pending bill waa not satisfactory to any one and that if not amended It would present -many con stitutional difficulties. In reply to Mr. Macon, Mr. Foraker said that when a case gets before a court it will become necessary to go into the entire case. He would have a broad review. 'Does the senator mean that in th end the courts, instead Of the commis sion would in effect fix the rates?" asked Mr. Bacon, and Mr. Foraker de nied that such was his purpose. The only question that a court could decide would be as to whether a given rate was just and reasonable. He declared that "A greater cheat and humbug," could not be conceived than the review sug gested in the bill. Mr. Foraker did not believe lu a flat mileage rate as suggested by Mr. Till man. In case of such . legislation, he feared the result would be a serious matter for the strawberry growers of South Carolina and the peach growers of Georgia. Mr. Tillman declared that although a peach-grower himself he was willing to take the chances on a flat rate. He believed it to be in accordance with the declaration of independence. He said there would be no danger of competi tion In southern peaches because he said "The peaches of Georgia are done and gone and ate up before the Dela ware peaches get into the market. "I'll stand and die by the proposition that it is all wrong to charge the same rate on peaches from Delaware to New York thai Is charged on them from South Carolina to "New York," he added. Mr. Foraker said that the manu facturing industries of the west and also of the south were very prosperous, and Mr. Tillman responded that this was true of the south despite the dis criminations of the tariff and of rail road rates. It looked for a time as the debate was going to drift info discussion on the tariff. Mr. Aldrich declared that no one gets more material advantage from the tariff system than the cotton manufacturers of the south. "The senator from South Carolina may not know it," he declared, "'but the man ufacturers do." Mr. Tillman declared that the pot tery manufacturers of East Liverpool, Ohio, were being deprived of the ad vantages the tariff gives them by the discrimination of the railroads. Mr. Foraker admitted that there was some discrimination there, but said that the condition might be worse. "Well, they're squealing," responded Mr. Tillman. "If the senator had been there dur ing, the Cleveland administration, "re torted Mr. Foraker, "he would have heard them squealing long and loud." The senate adjourned until tomor row. MINERS AND OWNERS FAR APART If Latest Proposition Is Declined a Convention May be Called to Declare That a Strike Exists. I New York! April 12. At the meet ing of the sub-committees of the, an thracite mine workers and operators here today the representatives of the employees offered the mine owners the choice of two propositions in their en deavor to come to an amicable agree ment, and employers made an informal reply in which they intimated that they are not likely to accept either of the wage workers offers, and said they could not modify their propositions. The operators will make an official answer to the miners later proposition by letter and there will be no further meetings until something develops. While there is still hone that a peace ful solution of the controversy will be found, the meettng today did not bring the contending parties closer together; in fact, thev appear to have almost reached the limit of their negotiations. mitted by the miners today, it Is prob able a convention of miners will be called at which the delegates will de clare that a strike exists. Briefly stat ed, the offer made bv President Mitch ell today was a re-submission of the miners original demands with two amendments and In case they are not accepted he proposes that the whole controversy be placed before the strike commission. In one of the amendments of the original demands. President Mitchell drops the request for the recognition of the union, and provides that the proposed agreement be made between the operators and the anthracite mine workers instead of the United Mine Workers of America.-The other amendment provides that only em ployees who are willing shall be as sessed a certain sum each month to defray the expenses of carrying out the proposed check of agreement. In stead of union and non-union men being called upon to contribute.-' GREEflE AND GAYNOR GUILTY Sentence Will be Passed by Judge Speer To-Day j :j CASE LASTED FOURTEEN WEEKS Defendants Found Guilty on Each of the Tliree Indictments Against Them. Court 3Iay Impose a Maximum Sen tence of Seventeen Years in the Pen Herniary and Fine of $575,000. Nothing Known as to What the Next Steps in the Case Will be. Savannah, Ga.,' April ' 12. Benjamin D. Greene and John F. Gaynor were found guilty of conspiracy against the government, presenting false claims and embezzlement, in the federal court for the southern distrist of is Georgia today and tomorrow Judge Emory Speer will pass sentence upon them. x ' f The defendants were found v guilty with no recommendation, upon each of the indictments. The verdict was Tendered a few minutes before 2 o'clock, vafter the jury had been out three and a half hours; i For fourteen weeks the case had been in progress, and there was the stillness of the tomb in the court room as Judge Speer asked the jury If they had agreen upon a verdict. Foreman Hope Thomas answered in the affirmative, and the three indict ments were taken and the findings read by the clerk. The jury at the request of the counsel for the defense was then polled, and each member stated that the verdicts rendered upon the Indictments were his. . j The maximum sentence that the court may impose under the law is an aggregate term of seventeen years in the penitentiary and a fine of $575,000, the .amount of the alleged embezzzlement Before adjournment until tomorrow morning at 10 o'clock, when the sentence will be pronounc ed, Judge Speer said: The minimum sentence permissable under the law is two years in the pen itentiary and. a fine or $1,000. i "I have no disposition toward theso unfortunate men except to be just as merciful as my duty under the law will permit." j The clerk read to the court a com munication from the jury in ; whicii the members tendered their heartfelt thanks to the court, the attorneys on both sides, the marshall and the other officers of the court for the kindly consideration shown them and the manner in which they had provided for their comfort and welfare. I Judge Speer in reply thanked the jury and said: "Since It is true that no jury in the United States perhaps in this century has had an ordeal more trying than yours, surely also it is true that you have rendered a service more likely to be of benefit to the people of this great republic in the future. This court wishes to thank you with all his heart for the manner in which you have performed your dutj Wishing you God speed, a safe return to your homes and families, a long life and much happiness, you are discharged by the court. j The defense's counsel will not dis cuss, the next steps to be taken in the case, nor will District Attorney Marion Erwin say what will be done regarding the indictments against Oberlin M. Carter Michael A. Connel ly, Win. T. and Edward F. Gaynor, . ... . . - I who were jointly inaictea wun ins i defendants convicted today. . Mr. Erwin this afternoon received a telegram from Attorney General Moody expressing the congratlations of the president and the attorney gen eral upon "the outcome of 'the case, upon which Mr. Erwin has been en gaged for seven years. The trial of .Messrs. Greene and Gaynor has consumed about fourteen weeks. .The defendants were charged with conspiracy to defraud the gov ernment and' embezzlement in connec tion with the big government engin eering works in this vicinity. They were indicted in 1902 and after fight ing extradition proceedings in New York fled to Canada. After lengthy proceedings there they were i finally extradited and were brought 'to Sa vannah for trial. Captain Oberlin M. Carter of the engineer corps, who had charge of the improvement' works under Greene and Gaynor contract was court martial ed for his complicity in the alleged frauds, and was sen tenced to be dishonorably discharged from the army and to serve a ternt of Imprisonment for five years. OPENING OF BASEBALL SEASON First Game Played By Teams of the National League LARGE CROWDS IN ATTENDANCE In Each Instance the Home Team Lost. American League Season Will Open Saturday- Princeton Wins a Ninth Inning Victory ! From Virginia. Other Games. New York, April ! 12. The National League baseball season opened today with the eastern and western teams playing in the respective divisions. and 'with favorable weather conditions in each city where the games were schedledl There ; were games in Brooklyn; Philadelphia, 'Cincinnati and St. Ijouis. and in each instance the home team lost. In Brooklyn, Philadelphia and Cin cinnati ,the crowds were unusually large and the St. Louis management seemed satisfied with the turn out of admirers of the sport in that city. The American League session will be inaugurated Saturday with the eastern and f western teams playing against each' other. Cincinnati, April 12. The Cincin nati baseball season of 1906 was open ed this afternoon before 17,241 specta tors.! Cincinnati was first to score, but did not keep the lead long, Chicago securing passes off Overall and making hits when they would do the most good. rnv iAi-a .' T TT 17" xuo owac -la. uincinnat .v v i v v v v v i - a. y. v s. S sv y-v v w -k C A iiicctu ...uuvouvu . i tf w Batteries: Overall and Schultz, Lund- grenand Kling. Umpire Johnstone, TSme 2:10. Philadelphia, April 12. The Nation al League season was opened here to day with delightful weather and an at tendance of nearly twelve thousand. Mavor Weaver was Dresent aceonman led by the heads of the various city j seeming like silver against the brown said, "had spread their wings and tak departments and when time for play J sky. . v - len flight far beyond, the view of or- ofmreDyewrk played the local team both at the bat and in tne field. Attendance n,7iu. Tne score n. n. hi. i. e v iwh... l kj j ks j kj s u o . v o-irwrtrkrwrkrkOTOl.. ... .... I thsio n i n n n n n a io a Batteries: Ames and Gilbert; Lush and ' Donovan, Time 1:43. Umpire . 0TLay. St Louis, April 12 National League. Pittsburg opened the local National League championship heason today by winning an exciting thirteen inning contest from St. Louis. The score R. H. E. St Louis 1 12 1 Pittsbuf 2 7 1 Bateeries: Taylor and Grady; Wilis and Gibson.. Umpires Klein and Car penter. Time 2:00. Attendance 3,500. Brooklyn, April 12. The National League baseball season was opened here today. ("Young" Cy loung, pitched one of his best games and the The score ' R. H. E. Brooklyn ..0 0 0 0 0 0 0 0 00 1 1 Boston ....0 1000000 12 6 3 Batteries. MclLtyre and Bergen; loung and rseedhaLi. umpires isne i and Conway. Attendance 12.000. Time 1:22 SOUTHERN LEAGUE. At Atlanta Atlanta 1, Montgom ery 0. At Birmingham Birmingham 5, Nashville 0. AX New Orleans New Orleans 3, Little Rock 1. . At : Memphis Memphis 11, Shreve port 5. - PRINCETON 2; VIRGINA 1. 111 TT Awrl "1 f K ,11111 It's V 11 iC altii. a... Prmceton won a ninth inning victory rwor Virm"ni.T this affpmnon 2 to 1 af ter a brilUant contest. With the score a tie and two men out in the ninth inning, Vaugh, the Exeter freshman drove a triplet to rjgntfleld, Harlan scoring. Virginia's freshman pitcher, Snson allowed only -the first seven innings. Both teams fielded brilliantly. R H. E. Virginia ...000 0 00 1 0 01 2 2 Princeton 0 0 0 0 0 0 0 1 1-2 5 1 Batteries: Susong and Chandler; Heiniger and Oooney. Umpire Hoff - ner and Virginia League. - OTHER GAMES, - At i Raleigh Agricultural and Me- j chanical college 10; University of ' South Carolina 3. At Lexington, Va. Washington and Lee University 3, Syracuse 7. At Roanoke Roanoke state 5, Balti more Yanigans 3. At Lynchburg Lynchburg state 9, St. Jphns college, Annapolis 2. At Washington Georgeton 2, Yale 1. At Washington- -Washington (Am) 2, Baltimore 0. At New York New York (Am) 5, Newark 0. Cambridge, Mass., April 12. -The Harvard baseball squad left this af ternoon for New York on the way to Richmond, Va., where it "" stay a week for the annual spring -training. Elf FOR RELIEF Aid Given to Sufferers From Volcano Eruption IS v. Further Evidence of the Magnitude of the Disaster New Tragedies Revealed by the . Visit ' of King Victor Emmanuel to Ottj j-aneo Large Number of Robberies of Deserted Houses Estimated That Fully 5,000 Houses in All Have Been Partly or Entirely Destroyed Scenic Effects of the Eruption as They Exist at Naples. v Naples, April 12. While the news from Mount Vesuvius today is re assuring, the conditions here in Na ples are such as to make it difficult to realize that conditions are actually better. The wind is blowing from' the volcano toward Naples, carrying tho lashes in this direction. Towards J evening the fall of ashes , and cinders I n XT x xt I mere wets wuibe uuui su. auy uilliu m m . - since me eruption began. I ine scenic enecis vary irum. nour I to hour. Now in the north the sky lis chocolate color, lowering and heavy under which men and women with hair and clothing covered with ashes, move about like ghosts. Fort San Martino, as it towers above the town, can only just be seen, while Castel I iDell'Ovo is boldly marked in light, Posilipo and lts . penmsma, wnuo iar awayguus uwy wmB, t I j islands seem to float an tne glow oi tho settmsr sun. Aridlnsr To tnestranee l I YT.i . , T " 7 , -i wmcu. iuui iu. I J.. J 5 1 J 1. 1 4 I iiouay i tcr pittueu as w u ixl m i the- glow and half obscured by this oeit ot iainng asaes. I At tne oDservatory or jviount suvius, wnere director 'maixeucci is conunuing nis worn m oenan oj. x 1 1 1 1. -TJI Xf J science and humanity, the scene is one of great impressiveness. To reach, the observatory one must walk for m51es over hardened but hot lava, covered with sand, until he conies to " & . gicty rcdcuw, "" i and sometimes gathered into huge m0unds, which takeon semblance of " aits z vulum. .uviumul, aaiuoccm just as hard and immovable. In all Jthis lonely waste there' is no sign of MORE lifA nr VAffftinn and 0 sotitiq isltasK was one not suitaoie ror a except low mutterings of the volcano. One seems almost im- I pelled to scream aloud to break theals and inspecting the housings pro- horrible stillness of a land seemingly forgotten both bv God and man. Every day that passes gives new evidence of the magnitude of the catastrophe. Today's visit of King r; xro-r,;,! rt nftonA TO-D-oil - I ed new tragedies. At a certain, point his majesty was obliged to abandon his motor car and went forward on horse back amid constant danger, nis horse floundering through four feet of ashes, stumbling into holes, blinded by tne fall of large cinders and the for fainng basaltic masses. In io presence of the king 129 more bodies were extricated from the ruins, the white ashes and red sand falling as though they were determined not relinquish tneir victims.' The dead jat Ottajano are said to number 550. I The king was very pale. To a 1 Triivs wTir rfarrw tr him lift Rflid: ! "How did you escape?" "I put myself on safety," replied the priest. . "What do. you mean?" asked the king. "Realizing Ahe danger," was the priest's reply, "I had left for Nola." The king flushed with anger. "What," he . cried, "you a minister of qo Were not here to share the dan- ger of your people and administer the last sacraments? You did very wrong. Queen Helena was with the king when he started to Ottajano, but she j was obliged to turn "back, as' the D es: Hew York Representative Makes Fun of Constitutional Debates BIG CROWD HEARD HIS SPEECH Mr. Cockran Defended the Hepburn Rate Bill and the Manner in Which the House Has Acted- Progress Made on the Postoffico Appropriation Bill. Washington, April 12. The feature of today's proceedings in the house of representatives was the speech made by Mr. Cockran of New York, 'who under an agreement made onvthe pre vious day was given an 'hour to elu cidate the subject of "general debate" on appropriation -bills. In view of the announcement that Mr. Cockran would speak the galleries wpm crowded and a very large proportion of tho memlers of the house were in attendance. Mr. Cockran after a short discus- XV1W" &vuviu, uewie land the fa1lnr of momlvrj at-on.l 'S " ' " . . ' . xne sittings or tne nouse wniie suu jeets covering the widest possible latitude were being, illuminated, launched out into a defense of the , Hepburn rate bill and the high posl- tion taken by the house, not only in the exceptional character of the leg- islation, but in the dignified wav in which the bill passed the lower branch Qf congress. In' this connection, he ridiculed the constitutional debates in I W i senate. "A constitutional lawyer, how are I wo o distineiitah him NVf hv 'hA I number of decisions of courts prov- Jing his contention but hv th wnn- der and awe of his associates; at the multiplicity of his quotations; the strangeness of his phrases; the awf ill ness of his men and the mystery of his meaning." (Loud applause.) . 'These constitutional lawyers," he like the action of the commission all it need do was to ignore the order; all it need do is to stand oat." lie exclaimed t ; j . x iu6ira iiwue on xue posiomce aPProPrianon Din, 18 or the 29 pages naving been completed, but the few, (amendments being made to the measure and these not changing tho amount of the aTJDTonHa.tfon to an- ve-iconer. extent Mr artlett, of Georgia, offered an amendment givin- the rieht to nmr person or corporation who having no- jpiied to the postmaster general for admission of a publication to the mails at second class rate and tho application having been refused, to i&ppiy ior a writ or manaamus to tn supreme court of the District of Co lumbia. that the case mav be revtew- ed. The amendment out on- a point oi oraer. Xne nouse adjourned untU tomor- lTOW - womaii. She spent most of the day visiting the injured in Naples hosplt- Vlded for the refugees. The princess or &cmeswig-ioisiein set out m ner - automobile this morning to visit the "".u WHU8 af ter a time tne motor car became J1..L1.J J T M a A uisamcu auu auv waa xcrrueu w return .. VAi iVu tweuo xuuca lk!5? i5L J?11 ance surpriSed the Neapolitans, somo of whom declared that she must have been aided by the saints, for never before had a woman accomplished such a task. There have been a large number of robberies of deserted houses, In spite of the efforts of the authorities to protect property. In the excited con dition of the populace there is some (difficulty in preserving order. The closing of a church at Toree Annun izata, which was considered as un safe, precipitated "a small riot. The latest reports show that 243 houses have been damaged at Portl d, 195 at San Giovanni and Teduccio; 432 at Reslna and 1,000 at Torre del Greco. It is impossible to determine ;the exast-number of buildings de molished at Torre Annunziata. It Is estimated that about 5,000 houses in all have been partly or entirely de stroyed. In the villages on the Ottajano side of the mountain all the houses are damaged. At Nola desolation reigns, the place having been almost entirely abandoned. A committee has been organized to collect funds and organize assistance for the relief of the sufferers. It is presided over by the Duke or Aosta. " thc OTbscri TJie ot collected up to the present time Is 1300,000. COCK BIDICOl SENATORS