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a I. VOL. XIX. NO. 20, WJLMINGTQN, N. C, WEDNESDAY,' JANUARY 23 1907. FIVE CENTS ( j i - V. 1 r i ) f 0 nrnn iiTinninnnnrn iiLauLuiiutyrjiootu .Brownsville Affair. Will Oae Another Investigation. SUBSTITUTES VOTED DOWN Matter Has Occupied Senate Since Congress Assembled. In litigation to be Conducted Without: Questioning the Legality or Justice or tke v President's Action Many Members Objected to Foraker's Sub. fitute Agreement Among Republi- of Dexterity in Forming: Measures on Which They Can all Vote. waenongton, January ine senate today paeeed the compromise resolu-I tioa Bothorizing the committee on mill tary affairs to . investigate the facts of the affray at Biownsville. Texas the night of August 13-14 last, "without questioning the ; legality or justice of any act of the president in relation to or connected with that affray. This action came after the subject of the president's discharge of the negro troops had 'been under consider ation! almost daily; since the first day of the present session of congress and every phase of the question had been discussed on all sides. Before the adoption of the resolution several substitute measures were voted I downt One by Senator Mallory, declar ing that the president had authority for his course and acted justly, was tabled toy a vote of 43 to 22. Another; by Senator McCumber, simply providing for on investigation;, without reference to the president; in any manner was tabled toy a viva ivoce vote. The thira by Senator Culberson indorsing the president's action and providing for no investigation,! was .tabled toy a roll call vote of 46 to 19. There was no record ; vote on the resolution adopted. When the 'Brownsville resolution was laid before the senate, Mr. MaHory, of Florida discussed the legal questions involved ' in the president's . discharge of the negro troops; Mr. Mallory Offered "a substitute for I th comnromise Brownsville resolution 1 .nrpsfintfid vesterdav tov Mr. Foraker. I The resolution of Mr. Mallory provided I for an investigation alter resoivmg i as follows: - I VThat in the judgment of the senate the recent action of. the president in discharging without honor enlisted men, 1 of companies B., C and lX, of the 25th I infantry was within the scope of his j authority ana power ana xne proper exercise thereof ' ; ' I Mr. Mallory said he could not support I the Foraker resolution because 4ts lan- ! guage as, to the, president's powex- was I ojfk. for all maufacturing establlsh equivocal. r" , ments, this requirement being only .Senator Teller opposed the idea ad-1 vanced in a recent speech by Senator I Lodge that the president, inherited ;. I power from the king. "This was a new 1 doctrine and the Colorado senator said I he could see howl tit might become popular in some localities. Senator Bacon of Georgia, supported the Mallory resilutionv ?-!:. d.- .Liio the Mallory substitute. He character ized (the agtrieement among republi- cane on the Foraker resolution as an J illustration of their extreme dexterity in forming measures for which they can oil vote, although some of them are directly opposed in sentiment, as in the matter to which that resolution relates." " ... N v When Mr. Bacon; remarked that if tha president was content -with a comprc mise in such language on which those who opposed and supported' him could unite, Mr. Aldrioh asked : "Did I under stand the senator to say that the ques tion whether the president is content with the lesolution is the main ques tion?" ; Mr. Bacon replied that he thought and aid what the president, might fhinfe was far from the important feat ure "and" he addedj, "I think the sen ator from Rhode Island had but one purpose in his question and that was for me to emphasize what I had said to the contrary." j; . Replying to Mr; Bacon's argument, Mr. Foraker reviewed the history of the Brownsville controversy in the senate to show that the question of the pres ident's power had' (been raised by the message, the president had sent to the senate on December 17th last. Air. Foraker maintained that from the be ginning all he had contended for was the facts. Mr. Bacon said in reply that .whyhe was far from being an advo cate of the president yet he believed the language proposed in the Foraker resolution was an injustice to the president. : -. ;- -- Mr.- Bacon wanted an opportunity to vote directly on the question, whether the president vhad I the legal power- to discharge the negro troops and on the question of tabling the resolution. He spoke of the affray at Brownsville as "an nnspeakable outrage." A roll call was taken on Mr. Fora- j fcer's motion to Jay the i Mallory sub-: vailed, 43 to 22. Messrs. McCumber, Warner and LaFolIcrtte vited with the democrats, and Messrs. Teller and Till man, with the republicans. "" Mr Stone took occasion to review Senator Tllhnanfs "attempt at humor yesterday. He saSd he had taken no offense at the reference to himself in Mr. Tillman's characterization of the senate as a "minstrel troupe" and was sorry the senator from Tennessee. (Mr. Carmack) ,and the senate had eliminat ed .it from the record. He was Dis posed to having the record "a tomb for platitudes" and he hoped Senator Till man would reconsider his resolution "not to do so again, but would "soften his tone" and made many future at tempts. Senator Culberson proposed a sub stitute which provided for no investi gation .but simply resolved that the president was authorized by law and justified by the facts in dismissing the negro troops. Explaining the need for the resolu tion he said the whole question was not in, the hands of senators who oppos ed or denied the right, or authority of the position of the president. The Culberson substitute- was tabled by a vote of 46 to 19 A vote on the Foraker resolution was then taken, and without a roll call the resolution was declared adopted. The resolution was referred to the iuixi&s;ui. vjLjjeix&itrs wx. ixxe ssvxxixie xxi uiuci to submit authority for the expend I I tures of the inquiry, whereupon Air. I Kean, chairman of that committee im mediate! v- announced he had been au I tborized by that committee to make a favorable report on the resolution and this report was agreed to. (This action . concluded the subject preliminary 'to the investigation au thorized. ' VA.RNER MAKES REPORT. . Labor Commissioner Recommends Compulsory School Law and Hours of Labor in 3Ianufacturing Estab- lLshnients. (Special to The Messenger.) . Raleigh, N. C, January 22 A charter was granted the' Union .Power and Water Company, headquarters Raleigh, authorized . capital stock $100,000, Brown Shepherd and William W. Vass, stockholders. The company--will build and operate a water plant somewhere in western North Carolina, J. W. Hines, R. B. Davis, Jr., and J. C. Brasswell were here today to urge the claim of Rocky Mount as a loca tion .for the proposed state normal col lege for eastern North Carolina. President James C. McNeill, of the North Carolina State Firemen's Asso ciation, had a conference with the house and senate committeess on laws regarding firemen. State Labor Commissioner H. B. Var- ner today issued advance pages of his (report lor iyJ7. He recommends a compulsory school law or sutomision of this question to the qualified voters in law retiring all children between the ages ani 14 years to attend pub- lie schools reerularlv every reat: sec- fondlYi. that no child not able to read land write be permitted to work in any factory unless the widowed mother or totally disah-led father is totally de- pendent upon the labor of such child land has no other support: that no child under 14 shall be permitted to work in any factory at night: that not exceed- tnS ten hours shall be a maximum day's simple justice to operatives and will retard progress of any industry: fourth, that all manufacturers and 0f he- agencies of whatsoever kind ad- Pressed for information by his de- partmeht in preparation of its annual report he required to answer each ques tion fully and accurately ; that the salary of the assistant commissioner be increased to $1,400; sixth, that the law designating the commissioner of jabor as inspector of mines be repealed or a sufficient appropriation be made to carry out its provisions. DEATH OF AiroSHIPAIAN HAYNE. Was Appointed to Naval Acaaemy From Fourth South Carolina Dis trict. 1 , Washington, January 22. The navy department was advised today of the death on Sunday January 20th on board the United States ship Charles ton at Magdalena Bay, California, of midshinman Isaac H. Hayne. Alid- shipman Hayne was appointed to the naal academy, from the 4th South Carolina district orl June 8. 1901, and was detached, from the academy on January 30th, 1905 and assigned to the Kearsarge. He later served, on the Lancaster and the Franklin and frfom the latter was assigned to the. Charleston.;.-.- : .:'-.-; :-... BAHiEX WINS OUT. Re-elect cd U. S. Senator by Vote of 108 to 45i. Austin, Texas, January 22. Joseph W. Bailey was today re-elected United States senator toy a vote in the two branches of the state legislature, of 108 to 45- In the senate, the vote was 19 in favor of Senator Bailey and ten against; in the lower house it was S3 to 35. - , 1 " , Resignation of Dr. Marshall. j (Special to The Messenger.) Raleigh. N. C.t January 22. The resignation of Rev. Dr. M. M. Marshall, as rector of Christ Episcopal church, will not be acted on until July, when he will have completed S3 years in that position.. An assistant will soon secured to aid him in work. 110 FIGHT FOR SOFT DRIOKS, Advocates of Preparations Appear Before House Committee. ACTION DEFERRED OX HOPE BILL i Druggists and physicians Testify as to the Harmlessness of Coco-Cola and Pepsi-Cola Fruit Growers of John ston County -Want -Right "to'. Make and Sell Wine and Cider. (Special to The Messenger.) Raleigh, N. CI, January 22. The hose committee on propositions and grievances this afternoon, after hear ing many representatives of prepara tions known as soft drinks, deferred action on the Douglas anti-dopa ; bill until Wednesday afternoon. Besides the proprieors and attorneys of the Coca-Cola preparation from Atlanta and the Pepsia-Cola drink from New Bern, many druggists appeared. The evidence from all was that neither drink contained any drug in harmful quantity. Manly certificates of like effect were filed from reputaable phy sicians of many towns of the state. Mr. Hancock, chairman of the legis lative committee of the State Pharma ceutical. Association, declared that such drinks were not hannful.Coca COla even not containing as much caffeine per glass as a cup of coffee, while Pepsia-Cola contains only a sixth as much. He advocated striking out the provision of the bill referring to caffeine, but retaining the interdic tion on , the sale as ; beverages of pre parations containing cocaine, strych nine or any coal tar products. There was a very large attendance bfore1 the liquor traffic committee over the Dill giving growers of fruit in Johnston county the righrto make and sell wine or cider. The bill was after recommended and reported .favorably. Advocates of the original bill claimed that in a special V act of the legisla ture for prohibition in a couple of small towns there was sneaked : through provisions which prohibited the sale of wine or cider made from a grower's own fruit v - The democratic county convention almost unanimously recommended the repeal of this special law, asking to be put under the Watts law. The committee would only - grant v the amendment allowing the sale of own er's own manufacture, in quantity not less than a quart, The senate insurance committee re ported favorably, Senator Drewreys bills relating to insurance companies, to prevent misrepresentations by agents or officers of life companies. to regulate the conduct and organiza tion of life companies, to prevent con tributions by insurance companies to political campaigns. r- Senator Drewrey is chairman of this commnttee and the bills are said to be similar to bills passed by the New York legislature. Winbore's bill, introduced in the legislature, today prohibits the bridg ing of Albemarle Sound at Edenton. ereothe-TeysdivcDiteamiAIO'sss-Efi-ir DESTRUCTIVE FIRE AT HAMLET. Distillery Company's Plant, Eight Res idences and S. A. L. Freight Depot Destroyed. - ' Charlotte, N. C-, January 22. Fire which had its origin in nearby woods, fanned by a high wind, swept into the town of Hamlet. N. C, late this after noon burning over a large portion of it. The plant of the Oarqlina Distill ing: Company, seventeen loaded box cars of the Seaboard Air Line. eight residences and the Seaboard freight de pot were destroyed. The loss is seven ty-five thousand dollars, partially cov ered bv insurance. Hamlet Is sixty miles east of Charlotte. CARS TO WINTER '.PARK Daily except Sunday at 3, S:30, 4 and 4:30 p, m. Take the children to Win ter Park. BRISTOW BRISTOW BAN K SAFE .DYNAMITED. Robbers Secured Between $1,500 and $1.800 Pursued and Captured After Desperate Fight. Greencove Springs, Fla., January 22. A safe In the bank here was dyna mited at 2 o'clock this morning and robbed of $1,500 or ?1',800. The force of the explosion shattered the glass front of the touilding. Several persons heard two distinct explosions but did mot go out to investigate. At 5 o'clock a passing baker noticed the wrecked glass front and gave the alarm. "Sheriff Weeks and posse pursued the robbers and during the morning came upon four white men asleep nearjhe road eight miles south of here. As the posse approached the men awoke and at Once began firing at the sheriff s posse. The returned : the" lire, fatally wounding one of the rototoers, the bul let passing through his head. After a desperate struggle the other three were overpowered and are now in Jail. It is thought the wounded man will die be fore morning. . None of the herias posse. They returned the fire, fatally were searched, between $3,000 and $4, 000 were found in their pockets. - SlfliniOnS ELECTED U.S. SEriATOR Only Twenty-six Votes Were Cast Against Him. IMPORTANT BILLS INTRODUCED. NW Hanover County Excepted From Provisions of Bill to Regulate Speed of Automobiles Bill to Prevent ' Fraudulent Sale of Merchandise in Bulk Passed Final Reading in House. (Special to The Messenger.) Raleigh, January 22. Senate session began at 11 o'clock, Rev. R. L,. T. Vann offering prayer, Bills were introduced as follows: By eawall, to fix a reasonable time limit tor transportation Of freight. By Bux ton to provide for the Telief of the 5n digent aged and infirm. By Buxton, to jforbid the sale of certain toy fireworks iBy Breese (to prevent drunken persons from traveling on railways or street cars. By Bellamy, to enlarge the power of the Southern Mutual Home Com pany. By Daniel, to lessen the num. toer of challenges allowed defendants in civil and criminal actions- By Mitch ell to make it unlawful for any tenant toCleave (his landlord until all debts pre paw. tsy jjrewry regulating tne Retirement of capital stock in certain pases. By Longf, to provide far sepa- paw quarters xor prisoners sunenng r 2 7,?: . - A-erit discrimination in freight rates by Railways. - , At noon President WinstoTji announc ed that the hour had come for the elec tion of a United States senator and nominations were tin order. Drewry said it-was always pleasant to. perform a duty . in- harmony with the best im pulses of the heart. The democratic caucus with but one voice had elected IF. IM. Simmons to succeed himself. Drewry, spoke feelingly of the patriotic services of Simmons, making him wcll- rworthy to represent North Carolina. He declared that Simmons knew no sections in the state; had restored to North Carolina her-place in the past fand guaranteed it in the future. He them nomrlnatjed 9imimons, - declaring fcworthy-of -the highest -honor -the legislature couia iDesrjow. carter, re publican, said it was a pleasant duty and a golden opportunity to use super latives tout an the manuiacture of . a United States senator, brevity was the soul of wit, anyway whatever he might say would be 'breath wasted on the des ert air. The legislature he declared had no higher honor to (bestow than: that of membership in the greatest legisia-1 trial tomorrow for the murder of Stan tive body in the world. He did not , rise to nominate a stranger to the peo- pie of North Carolina, nor. a stranger to statesmanship, but a (man who ha henrd duty's call, had shirked no lie trust, never yielded to glittering (temptations, tout one in every way worthy- of the Ugh. office. ; . This man was barn like other-great and noble KtrLtfisrrvfm in si ln cabin and rocked in poverty's cradle; tout had grasped the 1 skirts of opportunity, had not hidden J ihis talents, was a man of high ex-1 rtftHnirP and hATanter. iind albove re-1 proach. This man, he declared was I Sneneer B. Adams, whom he then noon- I inated. Mitchell seconded the nomlna- ttiion of the choice of the democratic caucus. Burleson seconded the nomi nation of Adams. Drewry and Carter were appointed tellers. Their report shows that Simmons received 32 votes and Adams 3. It was announced that the joint session or tne nouse ana sen ate,, at which the result of this ballot ing would be announced, would toe held Thursday at noon. HOUSE. In the house Ihe session toegan at 10.30 without prayer. Bills and resolutions were introduced as follows: By Gallett, to ascertain the amount of the state's stock In the Atlantic and North Carolina Railway and the North Carolinna Railway. Also to provide for investigation, and examination into the affairs of all in surance companies doing business in this "state. By Kitchen to amend the divorce law by mating ten years separ ation a cause for divorce. The bill to prevent fraud in 'the "sale of merchandise in bulk came up as. a special order, Doughton advocating it strongly, saying it was entirely fair to all honest merchants, was not In res- Itraint of trade, but to the advantage of all reputable wholesalers and re- tailers. So just in fact that It was the law of 26 states and territories, this , bill having been warmly- recommended by the wholesale and retail merchants accociations of merchants of North Carolina. McRae of Robeson, said the bill was intended to catch fishy mer chants and that there were some of tthat class of retailers in the state, but that like a drag net the bill would also catch a good many small but honest retailers and so was a stigma j upon all. The bill as amended passed final reading and went to the senate.; The amendments offered; do not materially affect the bill. The bill provides that a sale of an entire stock of merchan dise In bulk shall be fraudulent and void as against (the creditors of the sellers arising out of such stock unless the seller and purchaser make a full detailed inventory of the goods, and unless the purchaser demands and re ceives the names and addresses-of the creditors with the amounts due them, and shall notify each one of these im mediately of the proposed sale. 'The penalty shall 'be a fine not less than 100 or over $500 and by jailing pris oners not less than 0 days or over two years or both fine and imprison ment At noon Speaker Justice an nounced that the' special order was the election of the United States sen ator. Douglas in a brief and eloquent speech - nominated ' Simmons for re election. "Harshall of Caldwell placed In nomination Spencer B. Adams of Greensboro, Morton of New Han over, said; it was his pleasure to pre sent the name of a live man; one who led the people of the state in the past from the thraldom or radical rule and disgrace. A grand representative of North Carolina's best type of worthy citizenship and high official integrity and ability, F. M. Simmons, Parker of Jones also seconded the nomina tion of Simmons, The role Was call ed and when the first name was called that of Speaker Justice, he voted for Adams. Amid uproarious laughter he blushingly arose and changed his vote to Simmons, begging pardon of house and declaring that Adams was at the moment in his mind, but that Simmons was in his heart. When the name of Pugh of Dare was called he said he had been elected as an independent and proposed to show his independence of partisantry by casting his vote for "That grand" and noble statesman. Spencer B. Adams." Of "the other re publicans Owens of Sampson and Rector of Henderson voted for J. . J. Britt. All the democrats voted for Adams 21, and Britt 2. Thre followintg additional bills pass- ed their third and final reading: Providine for summoning of 1nriw fom adjoining counties or any county in the same judicial district in trials of felonious assault in civil cases when counties or municipal corpora tions are parties. To make married women engaged in mer chandizing or manufacturing with knowledge and consent of husbond be liable for debts contracted' under such business. To regulate the speed of automobiles, engines, water cycles on public roads. Following . counties ex cepted from the provisions of this act.. Mecklenburg, Buncombe, Iredell Row an, Scotland, Halifax, Wilson, Cabas rus and New Hanover. To give Judges in trials of case of criminal assault. Joint resolujtiorj thanking Governor Elrod of South Dakota for his recent I message. THE THAW TRIAL. State's Witnesses Hold. Final Confer ence With District Attorney. New York, January 22. The princi pal-witnesses for the state in the case of Harry K. ThawJ, who will go on VVA4A erence with the district attorney and toia assistants today. Nearly all the wlt- rub-l1"2513 wuo iiriS expected to tesuiy against Thaw have been reached by subpoena and were oni hand today. They were taken to the conference room separately and each was ques tioned with- the purpose of learning 3ust what testimony may be expected "When the witness goes 00 the stand. uaw ipasseu a quiet mgnx in ma ceu and was up early in anticipation of a lonT session with his attorneys and the customary daily visits from his wife, another and sisters. CARS TO WINTER PARK Daily except Sunday at 3, 3:30, 4 and 4:30 p. m. Take the children to Win ter Park. A. C. Ii. WRECK Engineer and Two Colored ' Killed. Firemen CCharleston, S. C, January 22. Taking an open switch about three quarters of a mile south of Yemassee last night at 8.30 o'clock, vestibule No 88 of the Atlantic Coast Line, crashed into extra freight No. 42, wait on the siding. The passenger and freight engines, three vestibule Pull mans and several freight cars were demolished. Engineer Johnson, of the passenger train, was killed outright and the colored firemen of both en gines crushed to death. A woman and two men was badly hurt," How the switch came to be left open, the At lantic Coast Line officials do not un dertake to say. Engineer Horton had run his train on to a siding near Yemassee, to await (the north bound vestibule. The pas senger train came on at the usual speed , and taking the open switch, ran straight into the waiting freight. The two engines were corn- pletely wrecked. Engineer Horton and the injured passengers were brought to Charleston. The body of Engineer Johnson will be sent to Florence, his home. Dead: E. D. Johnson, engineer, No. 88, Florence, S. C. Edward Dehn, Manchester, passen ger, a Cuban with ticket from Ha- vana to New'Yor. Edward Barnes, fireman, No. 88, fireman freight Florence. Willis. Johnson, Itrain, Charleston. , Alex. Orellis Brooks, freight brake man, Florence, S. C. Injured: J. J. Horton, freight engi neer, Charleston, S. C, serious. N. W. Beddall, West Potts villoma. Miss D. E. Simmons, Baltimore. D. Whitefleld, Pullman porter. l. A. Massey, Pullman porter. . W. S. Hill, Pullman porter. , THILIIGILEO ntment Against Men ham Veijfstrong. OFFICIALS ErJDDHSE ACTION Admiral Davis Had Hot Been In vited to Land Sailors. Pastor of McthodLt Church Asserts That Governor ww Justified, fa Re senting Ijniullnir of American . 'Tills l a BriUsli Colony, Not Cuba or a Spanish American Republican, Says Rev. Air. Graham British Government Staking Of acta 1 In quirics as to Authenticity of Xettor.., Kingston, Jamaica, Monday, January; 21. The publication today in the daily. Telegraph of Governor Swettenham'a letter to Rear Admiral Davis has great ly intensified the resentment of the residents against the governor, for re buffing the tenders of American, assist ance and there la a movement on foot to demand the recall of the governor. ,A small minority, mostly officials, support Governor Swettenham a.id their views were voiced today toy the Rev. Mr. Graham, pastor of the Meth- , odlst church, who declares that the governor was justified In resenting tjio landing of Aniericans. "This is a British colony, not Cuba or a Spanish- American republic;" ho said. . The correspondent of the Associated Press sought Governor Swettenham to day and spoke to him of the Davis Incident. The governor Bald that he had not invited Rear Admiral Davis to . land sailors.. AskcrJ if he indorsed the action taken .by Rear Admiral Davis, the governor replied: "That as a matter between myself and Rear Admiral Davis, to whom I must refer you." The governor eald that hia reference In his letter to Rear Admiral Davis to a tramp pillaging the (house of a New York millionaire was merely a jocular parallel. . A meeting of the relief committee was held here today on the call of the governor to discover the precise con ditions attending the difference be-' itween the governor and the admiral. At the close of this meeting and after having read Governor Swettenham's letter to Rear Admiral Davis, the Most Reverend Doctor Enos Nuttall, arch bishop of Jamaica, said that , if he found the conditions warranted, he would send a personal explanatory cablegram to President Roosevelt. Washington, January 22. An ex preesion of gratitude from Governor Swettenham, of Jamaica, for the sym pathy and aid extended by the United States to the victims of the dlxsteron that Island, is published. The publica tion of the text, In a agraceful note freer Esmo Howard, the British charge here, was made public today. In his letter Mr. Howard takes occasion to inform this government that his majesty's government is causing official inquiries to be made as to the authenticity of the letter credited to Governor Swettenham Governor Swettenham 'a cablegram reads as follows: Jamaica!, January 20, "The Hon. Elihu Root, State Secretary, Washington. . "Jamaica profoundly grateful to your excellency for expression of sympathy and for the very practical aid bo kindly given toy Admiral Davis and the entire particular service squadron of the United States navy. (Signed.) "Governor." TlUiMAN RE-ELECTED. Only One 3Iomber of Legislature Re fused to A'otc for Him. . Columbia, S. C January 22. Bal lots were 'taken today in the senate and house of representatives for B. R. Tillman for United States senator. . The senate voted solidly, for Sen ator Tillman's re-election, while in the house one' members, Rev. Coke D. Mann, of Oconee county, declined to vote. Mr. Mann stated as his reasons that Tillman had never explained sat isfactorily his alleged connection with the Hubbel rebates and further that he charged - the prohibitionists with aligning themselves with the bar room element against the state dis pensary. , Mr. Mann asked that his ob jections be printed in the Journal Tillman's election will be affirmed In Joint assembly tomorrow. Made His First Specci. Washington, January 22. Senator Sutherland, occupied "the first three hours of the session of the senate to day delivering his first speech In that body. It was in behalf of the right of Reed Smoot of his own state to a seat in the senate. Res
The Wilmington Messenger (Wilmington, N.C.)
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Jan. 23, 1907, edition 1
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