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