North Carolina Newspapers

VQL. XIX NO. 296 WILMINGTON N C.v TUESDAY DECEMBER 255, 1908, ETVE CJE.NTS v: DEGISIOil AGIST Csfendants n the Tennessee Lynching Case. Sheriff Shipp and 26 Citizens of Chattanooga Involved. Defendants Objected to Court's Assum ption of Jurisdiction in Granting Johnson's Appeal- Court Held that it and it Alone Could Decide That Question -Defendants Had Xot Pur ged Themselves of Contempt by Sworn Statements That They Had Xot Participated in the Lynching. . Washington, December 24. The su preme court today -decided adversely to tho 'defendants the preliminary questions involved in the case of Sheriff Shipp and twenty-six others of Chattanooga, Tenn., charged with can tempt for the supreme court in lynching a negro named Johnson after the court had taken cognizance of the case. The opinion was handed down ' by Justice Holmes, who "announced that with the preliminaries disposed of 'the court would- proceed with the prosecution. Probably the most important point raised by the attorneys for Shipn and his co-defendants was objection -to tho tvurt's assumption . of jurisdiction in Johasonj's case. On this point Justice Holmes said: .. "Even if the court had no jurisdic tion to entertain Johnson's "appeal- and if tlds court had no jurisdiction of the appeal, this court, and this court aloae, could decide that such was the law. " " v ' . : - - "It and it alone necessarily had ju risdiction to decide whether the case was properly before it. On that ques tion at least It was its duty to permit argument and to take the timo re quired for such consideration as --t might need. Until its judgment de clining jurisdiction should he " an nounced, it had authority from the necessity of the case to. make orders to preserve the existing conditions and the subject of the petition, just as the said court was bound to refrain from further proceeding until the same time The fact that the petitioner was en titled -to argue his case shows well needs no proof, that the law conteiii plates the possibility of a decision, either way, and therefore might pro vide for it." He also dealt with the contention that the -defendants had purged them selves of ' contempt by their sworn, statement that they had not been par ticipants in the murder of Johnson, which the -court did. not accept: "It had been suggested," Justice Holmes proceeded, "that the court is a party and therefore leaves the fact to ie -decided by the decedent. But this is -u mere after thought to explain some thing ' not understood. The court! is not a party. There is nothing that affects the judges in their own per son. Their concern is only that the i ata- ah i c Yu obeved and enforced, and , their interest is . no other than. that they represent in every case, un this occasion we shall not go into the history of the motion. It may be that it was an intrusion or perversion of the common law, as "is suggested by the propounding of interrogatories and be very phrase 'purgation by atb If so, it is a fragment of a sys tem of proof which does not prevaJ in theory or as a whole." Justice Holmes also announced the AinciAn &h& court that the lyncu- ing constitutes a contempt. On that point he said: Tbe question was touched in argu ment, whether the acts charged con stitutes a contempt. We are of opin ion that they do and that their char- .KaoT xr r - icter does not depend upon, n FOR CONTEMPT OF COURT bv this court, the sheriff was to be . an inmate of the Hightower home !Spd is bailee cf the United States since last July and between her and regSf hSd therisoner in the name her murderer an infatuation was said or still held -tne prisoner existed, on account of which of the state alone. Either Mrf iilghtower had left the husband, order, suspended further procecaings evei? rning later; Mrs. High bv the state against the prisoner and tower sent her eight year old soir to .pZfiuired that should be forthcoming to wake Miss Jones about 8 o'clock. The the further order of this court. boy discovered his father in the room " ?rJf he found that what created- Wiih the young woman. When the Lyba!df?rt oe crime was the father saw his son he fired the fatal unwillingness of its memhersto sab- snmi nam, Ala., December 24. mil to the delay required for the trial T preceding Christmas have OI ulC app l v-- - to wrevent that delay and the hear- . ., cxt ff Atato-ecmtSW. is- ffdeJronVTOilt whlch-W result fa tht Jtep tekeu,tn . death by and ae- owved. These ,preui"ixi" sbootimr which will be fatal. settfedi the trial of the case may pro No announcement ;w aade . No vannouuwauKUM. ; Mr. bw further pTowxscixtifeo ox tne laxe iisnop uuic3,v ,vw-v Sl toe conducted, hut it is probaDle . neJd today In the First Methodist tfcat a conxmissioner will be appointed 3 church at Evanston. The in to take testimony. - terment was in Rosehill cemetery. today at the Carl , B. toiy at the Carl B tuaSer Candy Co. ' Render Candy Co. PROPHETFROM MASSACHUSETTS Predicts Solid Support of Both Parties for Roosevelt. THE WAV HE FIGURES IT OUT Democrats Will Recognize Futility of . i . . J Putting iip CandidateCanal Worth More to the South Than a Demo. , . .i-.... ..- - . cratie President As Long as Roose velt is President Work on it Will be Pushed. (Special to The Messenger.) Washington, December 26. Early in the present session of congress there named ih the breasts of the disfran chidj inhabitants of the District of Columbia a spark of hope that at last a voice hi the affairs of' their govern ment might be given them. A bill had been introduced in the house provid ing that the District should have two elective delegates in congress, and a good deal of sentiment in support of the measure had been worked up. As sociations of citizens had endorsed the project, .and congress appeared at least willing to lend a sympathetic ear. But now the District of Commis sioners, that triumviate, of presi dential appointees who control the des tines of the Kational capital, and of ficially veto the proposition. They don't want any delegates in congress, they say; and in saying so they pro fess to'sieak Zor all the people in the District. It would tend to diminish their own importance, it is true; but that isn't the reason they give to con gress in opposing the plan. They say it would inject politics into an ideal municipal government; in other words, that the government of - the capital of the American republic would be ruined by te adoption of the American system-of government. The views of the commissioners may or may not, seriously influence con gress in deciding the question, but the chances are that the contradiction of the American doctrine of "jio taxa tion without representation"' will pre vail for a number of years to come. D. -G. Underwood, a prominent citi zen of Maiden. Mass., who was in Washington this week, is one of the most enthusiastic Rooseveltian third termers to arrive here in a . long time He believes -that he will receive sub stantially : the solid support of both parties. Mr. Underwood figures it out in this wise: "The democratis will not only see the futility of putting up a candidate against him, but they will support him cordially: especially the southern dem ocrats', and for this substntial reason: The southern people know that the one project of vita importance to the prosperity and development of their section is the digging of the Panama canal. s They realize that there is se cret and sinister opposition to this great undertaking, and that with Roosevelt out of the white . house it will not be so difficult for the enemies of the canal to carry out their, policy of obstruction and delay. As long as he is chief executive the work will ibe pushed with vigor and carried so far toward successful consummation that its completion would be in sight. "It is worth far mdre to the states south of the Ma?on and Dixon's line to have this waterway than even to elect a democratic president. Roose velt and the Canal! will be a mighty slo-an, and you will see the hitherto solid south shouting it in the next campaign." TRAGEDIES OF TWO DAYS McDonald Kills Two Men at Cochran, la. Policeman at Cedartown, Pa., Slays Man in Attempt to Arrest Him. . llightower, at Atlanta, Kills Young Woman and Commits Suicide. Macon Ga., December 24.- Gordon McDonald shot ' and killed Coley Cheney and Herschel Burns at Coch ran, Ga., yesterday, as a result of a quarrel. McDonald went to Burns' home and engaged in a dispute and when Cheney and Burns showed a dis position to fight McDonald shot "both. He has not been aprehended. All the parties are white. Cedartown, Pa., December 24. Po liceman Lawrence Hunt shot and killed Tom Powell, a carpenter, yesterday in an attempt to arrest him. Powell hadi shot at his son-in-law and when Officers Hunt and -Wright were sum moned he advanced upon them with a shot gun and fired. Policeman Hunt was too quick, however, for him and fired about the same time his shot killing Powell. Atlanta, Ga., December 2-4. Walter Hightower, a planter, today shot and iiiort instantiv Miss Bessie Jones, aged IS years and then fired a bullet Into his own brain. He died several hours ffi arid three i jitter. xiiguiw " nave oeen uuouwij( zr dies in Birmingham and vicinity. The . ...4 t..a. covion mn Triors. tWO SUl- I Fmieral of Late Bishop McCaho. unicago, a; s; ,ZT BOES THREATEN VEflGEMICE Watialak, Mississippi, in Hands of Hesro Hob. MILITARY ORDERED TO SCENE Conductor of Train Killed One Negro J and Wounded Another Cause of Trouble Unverified Report That a Fight Had Occurred and Two White Men Killed. ' Meridian, Miss., December 24. Ac cording to reports received here to night the negroes for miles around have congregated about the town of Wahalak,' forty miles north of this city, and this afternoon paraded the streets threatening vengeance on the whites' because of the killing "of one negro and the wounding of another by a conductor of a passenger tram on the Mobile and Ohio railroad yester day while, the latter was . attempting to nuell a disturbance aboard ins tram. At the town of Wahalak scarcely more than 25 white persons reside : and m response to a plea for protection bat tery I and company D, ot the stace militia stationed an this city, has been ordered to proceed to the scene. They left aboard ,a special train at iu o'clock and should reach Wahalak by midnight. The .battery, hy instruction. carried a Gatling gun and all the men are heavily armed. At 8:30 o'clock tonignt a messago from Scooba, the first station south of the trouble states that a clash has oc curred between the two races with the result that two white men were killed. This. T-eTinrt. however, has not been verified although railroad officials ad mit receiving a message detailing some additional trouble. WILL LAST THREE DAYS Prediction of Weather Bureau as to the Continuance of Cold Wave. Washington, December 24. Accord ing to Forecaster Henry a't the United States weather bureau, the present cold wave will , continue for at least three days. The thermometer at the weather bureau at 10 o'clock tonight en-k-nrcs 1?; HAErrees above zero and a drop of to 12 above duruing the night IS pTeuicteu. n.eu.vj nuio naii- wv reported as far south as Tampa, Fla., where the temperature tonight was 28 above zero. The cold wave extends throughout the- southern states. Tnr.kfinnville Fla.. December 2. The government thermometer reached 24 degrees above zero here today. The dftmaere to oranges and vegetables throughout the state is not yet known, hut it is believed the early vegetable crop is seriously damaged. Atlanta, Ga., December 24. The government thermometer here today fAiihPii ifi . deETrees ahove zero," the coldest, by ten degrees, of the season. SCHOOLS SLlMIiY ATTENDED Childi-en of Hebrew Parents Kept at Home. : New i York, December 24 .Tho agi tation against Christmas celebration in the pubiic schools that has been gathering force for the last ten days in Hebrew circles found its climax today when parents, guardians and other protectors of Jewish children strong ly urged and supported hy certain east side newspapers-fkept their' charges from attending the pro-Christmas ses sion to such an extent that schools on the east side - reported a decrease in numbers ranging from 33 1-3 per cent. to CO per cent, of the pupils registered. One Hebrew principal oi a.u ctUU school said that the school exercises were not at all of a religious character .but consisted of an entertainment in which the children took part and a distribution of small presents rom teachers and principals. Ijost Their Lives in Fire. . . Norfolk, Va . December 24. The wife and child of Samuel Poynter, Norfolk countv, and the -wife and child of Wil liam Grimslead of Princess Anne coun ty were last' nighrurned to death at nrimslpad house on Morris Neck, 'an Princess Ann county while Poynter and Grimslead were in anotner pari ui the house. The two men had a nar row escape, being aroused oareiy m ttmo to. mflkP tbeir exit unharmed. The fire is supposed to have started from an overheated wood stove m ine room in which the women and children were sleeping. Tlirce .Persons Suffocated. cjtMibenvine. Ohio. December 24. A fire that started from over heated stove Tr, tbA rfinr of Ira Hillman's bakery lasx night partily burned the upstairs sleep Tnrfmntt! Three nersons were cuff nrat Ad Mrs. Ira Hillman age -25 Hillman. nsred 2 PHrahPth McCoy, aged 18 years. X&.UUiWl r - ATr .T Granee and. JacoD uxemiasr were rescued from their rooms uncon cHrma hv firemen- with ladders. They will recover. - . - m. v . If. TCin ffston. Ja.. December 24. A salt boat with . 25 persons on board was. .-f-nTii TioflT - MOTLTP.fiT nn V. . ... Oli" teen of the passengers were drowned. Fireworks today at the Cart Rehder Candy Co. B. n. C. SUPREME GOURTSUSTAiriED Law Prohibiting Dealing in Futnres Not Unconstitutional.- DECISION U. S- SUPREME COURT State Iinxv Xot Discriniinative as Char ged Xot Duty of U. S. court to Dis- - regard Interpretation Fixed by State Court Prosecution of Keeper of Ducket Shop the Case in Revlev. Washington, December 24. In decid ing the case of Gate wood against the State of North Carolina, in which Gate wood - was prosecuted for keeping a bucket shop in Durham, the supreme court of the United States today in effect held the state law prohibiting the dealing in futures to be not repugnant to the federal constitution. Justice White delivered the opinion cf the court affirming the decision of the "&u-"' preme court of North Carolina. After quoting from the decision of the North Carolina supreme court to show that section 7 of the North Caro lina law is not discriminative at was charged . . Justice White said : ?'In the argument, it is insisted that the construction given by the .supreme courts of North Carolina to the statutes is; wrong, since in effect it reads out the provisions of section 7, and it is urged that it is the duty of this court to dis regard the interpretation affixed by the state court, thereby bringing the statutes wihin the prohibition of the Fourteenth amendment. But it is ele mentary that under the circumstances we must follow the construction given by the state court and test the consti tutionality of the statutes under that view." ' CHARGED WITH LARCENY Arthur McKcnzie Sent, to Jail in De fault of Bail Charters Granted. (Special -to -The Messenger.) Raleigh, N. C, December 24. Arthur McKenzie, charged with stealing three mileage books from the Seaboard Air Line was given a preliminary hearing and sent to jail in default of bail He was arrested at Richmond and "Attor nory H. M. Smith, of that city, ap peared for him. . ' ' Two large charters were granted by the state today, one to the Dry Hollow Mining company, capital stock authori zed, one million dollars, at a dollar per share. Place of business Hemp, Moore county, George V. Capps, of Hemp, and Bernard. L Johnson of Baltimore principal stockholders, to mine gold and copper and operate smelters. The other is to the North Carolina Trust Co., Greensboro, capital stock half ' a million. J Van Lindley, and others stockholders. Charters are granted to the Ashepole Furniture Co , of Robeson county., Cap ital $25,000. " D. G. Rouse and others stockholders. .. The Commercial and Savingc bank of Lexington $25,000. J T. Hendrick and others; .the Steele Rankin Wholesale Grocery Co., High Point, $50,000. STRIKE ON SOUTHERN PACIFIC Freight Traffic at New Orleans Al most ; at a Standstill Officials of Road State Tliat AU Trains are Bc- Ine Hun on Schedule Time. New Orleans, Dec. ' 24 The New Orleans rail ways for transcontinentai freight to western points was almost eonioletelv closed today by the boutn- ern Pacific strike. Other roads offer ed no .through freight' to the Southern Pacific Union officials claimed that fifty men are on strike ill 4hIS CttTV Desnite the tte ur local HOUtnern Pacific officials declare it is uncertain whether the strike will prove serious It was said that passenger trains were movine ahout as usual, though it may be several days hef ore the company learns exactly what it can do xowarcs delivering freight. - Houston. Texts. December 24. The following official statement was issuea fv fmm the office of Vice President Fav. of the Southern Pacific railroad : "All our trains are being operated cn schedule time. There is no delay what ever.' and the only trains laid out since the beginning of the firemen's strike was naif a doen switch engines Jasc night," FJ Paso. Tex . December 24. About fiftv firemen on the Atlantic division of the Southern Pacific are striking here for. 25 cents a day , increase m wnr and for control of the switca pmeines. The engineers are figntmg the latter contention and it is said v-.f-'hm- rinTi nniona are with me engineers. There has beeu no delay to the trains. The. engineers are creat ing in new firemen. Convov for Motor Boat Race. Wnibi-nrtrn December . 24. The naw denartment has assigned the Rmrnion to act as convoy for the motor boat race which has tecn ar- jrm?p( to take place ebraary sin, from- flag to flag, . meaning ' from an ATTwrican flat? at Miami or Palm Beach to .the British ensign at Nassau, Ba--hama Islands. It is said at the de-" partment that in- the, usual February weather the race across the Gulf stream will be extra hazardous for roch email craft,' hence the convoy. iRAGULOUS ESCAPEFRDM DEATH Lindsay B. Hicks Rescued After Entombment of Fifteen Days. BURIED IN CAVED-IN TUNNEL Appeared Well and Happy After His Terrible Experience -Dead Bod es of His Five Companions Lay Around Him Men Worked Heroically to Effect His Rescue. Bakersfield, Cal , December 2o. Lindsay B Hicks, released at midnight from an entombmentt of 15 days in a caved-in tunnel, today appeared well and happy after his gruesome experi ence. He received the congratulations of friends and neighbors, to whom. he related as best he could the feelings he underwent within the dark close quar ters of his tomb-like prison near the dead bodies of five less fortunate com panions while scores of men work'ed like beavers day and night for, more than two weeks to save him from death by digging through many f eeti of earth and rock. Hicks was once a soldier, and he is said to carry some Indian blood in his veins. He was so strong that the stim ulants that had been prepared for him were not needed. jj. It was 11:50 o'clock Tasti night when Hicks was released. The last cut on the drift was made at 11:12 o'clock and no sooner was the segment of debris removed and the way left open than Hicks , began to scrape away .the rocks and earth and crawl toward the open ing . ,;V ' i With arms In iront of his head, he went into the miniaturetunnel and be gan to work his way slowly through to the other side of a dump car, near which he has remained during the ex cavating. . When he had ' progressed about- half way, he stopped, and Su perintendent Frank Miller, who stood at the itube at the mouth of the shaft, called out and asked what was the matter. ' 'Oh, nothing." Hicks called back. "I'm just oing to stop. I'm out of wind My wind is very short, you know." Then Hicks moved a few inches further toward freedom, and his arms were seized : by Dr. Stinchfield and Miner Gents, who pulled him into the main tunnel, where he was placed in. a sitting position. , The blinfold that Hicks had been ordered to put on was removed, as the tunnel was only dim ly lighted by candle. With tears in hia eyes, Hicks said to Stlnchneia: "I am feeling fine. I can never thank you, doctor, for what you nave done " He then thanked Superintendent Cone, of the Edison works, who later expressed his gratification at the min er's rescuer While working on a tunnel that was building by the Edison Power company near Bakersfield on December 7, tne vertical walls of a deep cut fll in on Hicks and five fellow workmen. It was first thought that all had perished. Three days later, a tapping on the iron rail of the little tramway running through the drift gave the first intima tion that a man still alive was buried beneath the debris. The rescue work has progressed steadily since. c ' While the last steps were being taken in his rescue superintenaent Cone, woh led the rescue, called to Hicks and told him he was still on the pay roll He said: "You have been a most iaitniut man. Hicks; you nav neen uu uui,y for 15 days and nis'nts, and never ask ed for a day off. You have teen draw ing pay all the time." : y . BASKETS FOR THE POOR Distributed Yesterday by the Salvation Army in Many Sections of the City. Christinas Tree for the Children. Laden down with many basket?, filled with choice edibles, several wag ons started, fronv Salvatlonrmy headquarters yesterday afternoon, to n i riT.' m r utrri v 1 111 him m m r z . visit many poor families in different sctions of the city who were each pre sented with one of the happy reminders of this glorious holiday, season. This praiseworthy undertaking 01 tne Savation Army, which meant tne bringing of relief to many families who otherwise would not have ' known the pleasures of a happy Christmas, merit ed and received the hearty support of a large number- of Wilminstoi people. Fruits in abundance, food in variety and quantity, and many donations ot money were made and all have neen used in the relief of suffering of the worthy poor. ; . 9 - Each baskt contained fruir, ana c;i- fee, sugar, meal, canned tomatoes, onions, Dread ana omer iaia.,t. uiu live chicken was given to every lamii visited. ' - . " ; .. - The Salvation .Army people realize, - thonffh. that Christmas is primarily a season for the young people and child ren, and knowing, that there wouia De inrce numbers of these in the city who would not have the opportunity oi en joying the season, they have planned for a Dig cnrisunas uw w ro .... 1 1 .. Xm. mn Thursday mgnt ax me aaruiy on Princess street, when presents win be . distributed to the children 01 tne poor. . Fireworks today Rehder Candy Co. at the Carl B. OF I. id Record of ttie Life Savins Service. ' REPORT OF SUPT. KIPJ Many Thousands of Lives Saved Through Its Instrumentality. (- Total Value of Property Saved Estima ted t $12,000,000 Establishment Comprises 279 Stations Timely Warnings of Crews Kept Many Ves sels from Disaster Valuable Scrrico Was Rendered nt San Franciscct Dur ing: the Earthquake and Conflagra tion in Fighting Fire and Sheltering' the Homeless, Washington, December 24f Impor tant work was accomplished-during the past year by the Life Saving service of the government, thousands of imperil ed! lives and millions of dollars worth of property being saved through the heroism and! unremitting vigilance of the life savers General Superintendent ' Kimball of the Life Saving service, shows In hia annual report that) the number of ma rine disasters was 849 in the waters of the" United States. In these, 49 vessels , and 29 lives were lost and 811 persons 1 were succored at tthe various stations. The total value of property saved was $12,266,100, . while that lost was $2, 775,040. In the disasters 5.320 lives were imperilled. 1 At the close of the last fiscal year, the. life saving establishmnt comprised: 279 stations, of which 200 were on. the . Atlantic 00081;' six on the great lakes,. 16 on the Pacific coast proper and one each at the falls of the Ohio river and Nome ' - - - . ' ; Life saving crews rendered assist ance of more or less importance to 397, vessels in addition itio those which were lost Patrolmen and station lookouts also warned 97 steamers and 77 sail ing vessels which were running into danger, the warning undoubtedly avert ing disasters which would have caused loss of lire and property. The life sav ers rescued bathers, recovered bodies of the drowned and assisted many per sons in distress. Particularly valuable assistance, it is . noted, was rendered by the life saving crews at San Francisco during the earthquake and conflagration last April! in fighting the fire, transporting . sup plies and sheltering the homeless. ; Superintendent Kimball says that the problem of installing power in a life boat without Cueing its carrying or destroying its self-righting property has 'been- solved and during the year seven of he largest sized life boats have 'been equipped with gasoline en gines. They constitute a most impor tant addition to the life saving equip ment, and materially enlargd the radius of the effective work of the.crews FIRE IS MARIETTA, OA. Plant of Georgia Manufacturing and' , Public Service Company Badly Dams aged Paper Mill Practically De stroyed:. 'Mariettas Ga... December 24w The i lntof Uhe Georgia Manufacurlng and Pr: lie service company, which Bupplles liLe city with water and eifcctric light- me. was naaiv aamaEeLi ana uie jsian- I ctta raper mill, owned and operated by the public service company, "was prac tically destroyed by fire today. The loss Is placed at $250,000, fully mam ea. The fire was discovered early today In the store room of the paper mill and is' supposed to have be?n causel by spon taneous combustion For a time tne entire business section of Marietta was threatened, and Atlanta was called cn for aid. The fire department was handi capped : by an inadequate wa ter supply and by a strong wind. Fr.r several hours the ' Western Union Te'.egrar wires were Interrupted by the ira' and communication between Atlanta and the .north was suspended. TO PRESERVE ORDER ' - . : ' ' All Saloons in Atlanta Clood Until -y' .Wednesday Morning. Atlanta, Ga-, December .21. -To avoid a-possibility, of any repetition of the race rioting here Mayor Woodward ordered all the saloons closed froia 4 o'clock this afternoon until Wednes day morning. For several weaks in definite rumors have been heard that Christmas waa to be the occasion of an attack cm the negroes in Atlanta. The rumor could not be traced to an authoritative source but the effect has been to drive, many negroes from tbe, city. . ' iDR Splend BALI