ill: OF JUDGE
Lull
to to Unprecedented
b Conosef
HAD ISSUED AfJ GPII1I0H
Jo Opportunity Given to Argue
Question Invoked
Commissioner McDhennev Talks of
His Trip Through South Endeav
ored to Remove Impression That
Southern -People Were Without
Pale of the jGovernment.
Montgomery , Ala, August 24. At
the hearing on the injunctions against
sheriffs,- solictors and other state of
ficials to prevent them from interler-
ing wih the operation of the Louisa
ville ana Nashville railroad in the
rate litigation before Judge T. G. Jones
in the United States court 'today At
torney General A. M. Garber, on be
half of the stat, announced that coun
sel for the state had decided not to
appear in the hearing. . In giving the
reason Mr Garber saiG two days after
by the court, the presiding judge is
sued an elaborate opinion in the ca-e
before counsel for the state had been
given an :.. opportunity to argue the
question involved, which action, inso
far as the attorney general knew, was
unprecedented find which opinion the
attorney "general "' and counsel for the
state consld- efl final on the part of
the court. I ''h r
stated that as Jthis Opinion had - been
printed in pamphlet form and distrib
uted throughout thei state, any argu
ment on the part of the state's counsel
at this time would "pe utterly useless.
Colonel Garber J then withdrew frym
-the court room and! the hearing pro
ceeded. Neither! Colonel Garber nor
any attorney for the state was present
when the heading began and Judge
'Jones had a telenhone messasre sent
the attorney general; . who later ap
ipeared and ma je his statement.
POWDER WpRKS IN FLAMES
Nitro-Glycerine f Explodes With Ter
rible Effect- Tiro Persons Silled
' Panic in Cankinc Establishment.
San Franciscd, August 24. There
were three explosions at the Dupont du
Nemoures Powder Works at Sobrante,
on the Bay Shore, 16 miles north of
Berkeley; todayc Two persons are
known to be de&d and many are be-
whole works are in flames. These two
men were working in the mixing house
when three tons of nitro-glycerine ex
ploded, destroying, the wash house, the
nltro-glycerine paixing house ana the
add separating tiouse and a large acid
tank. The shocks of the explosion
were felt in. thS cities all around the
bay. When thelljOOO, employees of the
California Frui fuaim ers Association,
who .work in th big estabiiKhment of
the a comiony in .this city felt cse
shocks : they thought., there was an
earthquake and pushed into the street.
During the stampede a number of
persons were j tijrowri down and tram
pled upon. So tar as known none was
killed but many were badly bruised.
At least 13 persons were severely hart
at the cannery panic. During the ef
forts to get outride' a few men drew
knives and woi&wled several persons.
Others jumped nto Ta chute used to
send boxed cans; f rom the secc d d floor
of the establishment and vere. landed
in a heap, at the bottom.
9m
TAFT; IN OICQAHOIA.
Adr ed People o Reiect Constitution
.. . - !.' . " ;'!. r a.
. Ol ;ahoma Cityj Okla., Aug. 24. Sec
ret y of War( Tstft in convention hall
advj ed .10,000 auitors all citizens ofOk
lahc a. and Indian Territory to reject
the I constitution f recently adopted by
the convention at Guthrie for the Pro
posed new state of Oklahoma He de
clared ; that the inert session of con
gress would pasi a new enabling act.
Secretary Taft explained that he was
not here as the representative of Pres
ident Roosevelt and that the views he
expressed were Entirely his own, and
In no sens shoild be regarded as in-
ontro hr the nrifwsifloTit - ' t
. Secretary Taftdiscussed national Is
sues along the,. ame lines as In the
ColurabuSr Ohio, speech. . - r . ...
; -atr - - -
. liTnNA TODAY
nTwo concerts-4-ftfternoon and even
: ' . S - f
DIRECTOR OF CEREMONIES
Charles W. Konlsaat ADDointed by
Director General Barr.
Norfolk, August 24.- Director Gener
eral James M. Barr tonight tossed a
bombshell into the exposition official
camp here today by the an
nouncement of the appointment of C.
W. Kohlsaat as director of ceremonies
to represent the management of the ter
centennial in the entertainment of dis
tinguished visitors at a position here
tofore held by President Tucker.
It is an open secret that the social
family of the ter-centennial is not a
happy one.. r ; j
It is declared that high officials have
been slighted on certain occasions dig
nitaries were being 'entertained. It i3
declared that these slights caused the
change. . -i
President Tucker's friends tonight
claim .that his duties as director of
ceremonies were conferred on him by
the board and only that board can re
move his powers. .
It is believed that he will fight the
order of Mr. Barr.
President--Tucker is at Lexington,
Va., and coujd not be reached to
night. . The order of- Director General Barr
Is as follows:
"Exposition Station, Norfolk, Va.,
August 24, 1907.
"Effective at once, Mr. ' Charles W.
Kohlsatt, commissioner general of the
exposition, will represent me and have
immediate cjharge kf entertainment
of distinguished visitors upon the
grounds of the exposition and of all
social and diplomatic relations there
with." (Signed) r
JAMES M. BARR,
Director General ;
ACCD3ENT AT NAVY YARD
Tliree 3Ien Injured While Testing Air
Comuressor. I !
Norfolk, Va., Aug. 24. While ordi
nance department officials were testing
an air compresser used in expelling tor
pedoes at the Norfolk navy yard today
four of the eigt cranks blew: out with
terrific force, injuring three men and
doing considerable damage to the
building.
Many who were standing around had
narrow escapes. A heavy sheet of ar
mour plate placed for the protection
of those around in case of accident was
blown 100 feet away and . one i of, the
larger cranks went straight up, I taking
off the eaves of the power plant1 and
breaking sixty-five windows in the
building.
Those injured are:
Allen Webb, badly cut about the feet
and legs.
H. S. Martin and E. L. Sheppard," j
both injured about the feet and legs.
WRECK ON A. AND YJ
Conductor Painfully Hurt and
Cars Demolished. ''
Five
(Special to The Messenger.) , i
, Fayettevile, N. C, Aug. 24. This
morning a freight train on the At
lantic and Yadkin railroad, consisting
of twelve cars and a caboose, was
wrecked five miles from this city and
five of the cars broken to pieces while
the track was torn up for a hundred
yards. . '
Conductor Matthews was painfully
hurt. - - - i .
Five passengers in the caboose were
badly shaken up "but were not injur
ed. .
SUQCESSFUlilY IiAUNCiHED
Only Five-Masted
Schooner Ever
Country.
Siiisle
Built in
Deck
This'
Mystic, Conn, Aug. .24.--The , five
masted schooner Elvira Ball, "built for
the Gilbert Transportation Company,
in a local shipyard; was launched fully
rigged and ready for: sea, on today's
flood tide. . ;
The schooner is one of the ; largest
single deck and the ony five-masted
single deck schooner ever built in this
country.
It is 140 feet long, 40 feet wide and
15 1-2 feet in depth and has a gross
tonnalge of 1100 pounds. i
The vessel will be exclusively j used
in the southern pine lumber tradei
OPENED OFFICE FOR BUSINESS
When Manager Ieft Operators Went
- on Strike.
Macon, Ga., August 24. Manager W.
G. Stuart, of the Western Union tele
graph office here, left Saturday morn
ing taking with him two operators for
the Albany, Ga.r office where he placed
a manager and opened that office fcr
business this morning. On his return
he found only, the chief operator and;
one young woman operator on duty.
The others with the exception of one
operator, -went on strike.
v - Row to Choose Extract, .
A sxfe rule In buyinsr extracts is to
demand Blue Ribbon Lemon and Va
nilla. Then you know you - aTe ctt
tuie the best
BRYAN 0J SPEECH
President Disclosed Sciieoe
. i . ! - i i
for Centralization
WfiS flfl EASY VICTIM
When He Proposed National In'
Incorporation of Railroads
States Were Annoying Corporations
and Cor Derations Demand Federal
Protection - Railroads Not the
- Public That Demand Removal of
Authority to Wasldneton.
Lincoln, Neb.,- August 24. William
jJ. Bryan, in commenting on President
'Roosevelt's last speech, said:
"The president has at last disclosed
his scheme for centralization at which
hft'haa hinted in former sneeches. In
his Provincetown, Mass., address he
proposes the national incorporation of
railroads and other corporations eu
0cLS,na in interstate commerced
"Here is the secret; it is out at last.
The states are annoying the corpora
tions and the corporations demand
federal protection from state legisla
tion. The president, thinks that acuw.
is most pressing as regards these cor
porations which, because they are
commoo carriers, exercise a j quasi
public function.' The states; have
been, enacting two cent fare laws and
laws reducing freight rates and the
railroad managers demand that tbey
shall be relieved from further fear of
such legislation. The president's! Ham
iltonian ideas make him an easy vic
tim, and he yields to the entreaties, of
the railroads. - . . j
"If it was the public he : sought to
protect he would recommend federal
remedies, which r would -not1 interfere
with, state remedies, but it is the rail
roads, not the public, that demands
the removal of authority to Washing
ton. ''. ,
"The democrats can be depended
upon to oppose with all their might
this movement toward centralization.
If any democrat wavers, his constitu-
erits" should jbok into his Business re
lations and see whether he is i under
obligations to the railroads. A i Ham
iltonian republican, likeHhe president,
may honestly think that the farther
th government is ; removed from the
people the better it will be ; but a
Jeffersonlan democrat does not cheer
ish any such delusion. Even the Ham
iltonian republican- ought to hesitate
to trust congress with any more power
while he United States senators are
elected by legislatures. ' , .
"It - is fortunate that the people
have had an object lesson so recently.
The federal law stopped rebates and
passes , but the railroads make F more
money than they did before, ; The'
stntes.ron the N other hand,: gave the
people a reduction in rates and i those
who are receving the benefit of I these
reductions will be slow - to surrender
the advantage thus far gained.
"It is doubtful whether the republi
can congressmen from the west will
dare to support the president's propo
sition, but if an attempt is made to
put such, a measure through congress
the democrats will stand a 1 good
chance of retiring every western repub
lican who votes for It." 1
MAYMARRY AGAIN
Mr. Mizsner Ortmtpd AKcuVlntA ti
vorce from Wilson Asain.
' New York, August 24. Justice Guy
of the -supreme court today signed a
final, decree of divorce in the suit
brought by Mrs. Adelaide Yerkes Miz-
ner for an absolute divorce from Wil
son Mizner. By the decree Mrs Miz-
ner Is permitted to resume the name ot
Yerkes and she
Mizner Is forbidden to marry" durinrdied here tonight of typhoid fever in
the life time of his former wife:; Ms (the 64th of his age. He would
Yerkes was the wife of the late Char-!.nave been he lived until tomor
les . Yerkes the Chicago Traction pro-j row; just 64 years old. Mr. Smith was
moter - - ' known by every public man wnose
- business took him to the United States
ADDOinted to Meet President Small ' capital for the last generation and he
New York, Aug. 24. At a meeting of ,
the striking telegraphers this after
noon a committee of fifty men and wo
men operators were appointed to meet
President Small on his arrival at the.
Grand Central station tomorrow. - j
The , strikers Issued today the ; first
copies of the magazine whlch!;tliey axe
publishing to obtain funds for the tin-
ion" treasury. , . ' ":
f"v
1XTS.IISA TODAT .
wxrr concerxs ci tcmoon CJia eTm-.
SPEOGEG 00 STUD
Testifies in the IIortii :CaiO'
r Una Me te
EXUEDBW JUSTICE
.5
Cost of ; Operating
' Train Subject of
Passenger
Inquiry
By Guesses and Deductions Mr. Jus;
ti'ce Souffirt to Refute Previous Testimony-
Efforts i Characterized by
Mr Soencer as the Wildest Specu-
laUon."
'Washington, Aug. 24. With! some
slight assistance in the form of guesses
byr Vice. President- H- B. Spencer ot the
Southern railway, Speaker Justice ot
the XNprth Carolina legislature i todarj,
computed i that It cost only? $54.37 to
operate a passenger train of two coach
es ana a baggage car on the North Car
olina railroad from Goldsooro to
Greensboro, a distance of 134 miles.
Sy"the same method of deduction the
speaker calculated that the revenues
from-thlsrain would amount to $380
andHhat the difference would be the
profit tcnthe railroad. He took the posi-
tion that in this manner the cost of
operation and the revenues of the
Southern railway system could be com
puted to refute the testimony given
yesterday by Mr. Spencer that It cost
an average of 1.03 per- train mile to
operate, a passenger train in he state
and that the revenues from that train
would average $1.25 per train j mile,
including mail and express. This was
the feature today of the hearing in the
North Carolina rate case before special
maslter Walter Al Montgomery, ap
pointed by United States Circuit Judge
Pritchard to take evidence.
Mr. Justice began his inquiry- by ask
ing, the cost of Jabor, supplies on the
train, and al such expenses that could
be-, approximated, 'but there were so
many expenses involved ori which the
'witness had no knowledge that
the speaker incorporated in the
list a number of personal guesses.
At the con vlusion Mr.1 Spencer char
acterized the deduction as "the wild
est speculation." ... !
When the cost of operating had been
estimated Mr. Justice calculated that
such a' train would carry an average
of lo passengers, half of which would
be first class, and that these would
pay an average fare of $1.90 under the
old rate, or a, total of $390 for the
whole trip. ' ; i
Mr. Justice asked the witness i if , he
did'xSbt know that it had been shown
that the Southern make more than 200
per cent on its passenger business. Mr.
Spencer replied that the result was
f 'merely a numerical calculation on as-:
sumed figures'.::- i I !!' :
At the afternoon session Mr. Spencer
was questioned at length concerning
his " opinion of : comparative rates In
North Carbjlina.
Mr. Thorn, general counsel for the
Southern, then obtained a statement
fro mthe witness - to the effect; that
while it is possible to compute the av
erage cost . per mile.of operating all pas
senger trains, it is impossible to accu
rately sub-divide the expenses so as to
fix the cost per mile of operating a
particular train on a particular
day. : t
The hearing was then adjourned' un
til Monday.
DEATH OF AMZI SMITH
Was for 43 Years Connected With
Document Room of U. S.-Senate.'
Washington, ,Aug. 24. Amzi Smith,
for 43 years connected with the doc
ument room of the United States 'sen
ate and for many years hi charge of
J that " important branch of the senate,
possessed a remarkable memory both
for faces and for the indexes of public
bills, documents, reports and exec u-J
tive communications which annually
found their way Into both houses of
congress. It took him but a moment
to indicate where any public document
'inld4e -found In the rast storehrrise
;ver whlch ' he presided. Senator
George of Mississippi, once said to
liim: ' tTToa might .burn up all the in-
dexesi la the T senate, Amzi, and you
vmTild all ritS :'::::.-v-:1-- x.
A PROGRESSIVE ; CQ3IPANY
Jefferson Standard lilfe Insuranoe
Comnanr ECas Stronz i Support. -
One of the most progressive life In
surance companies in the south is the
Jefferson Standard, with home office in
Raleigh. In a page advertisement In
this morning's Messenger, attention is
directed to the . strong list of officers,
directors and sockholders, containing
the names of many, of the leading cit
izens of North Carolina.
The list of stockholders in this city
is a large one, representative of the
most prominent business interests.
.The Jefferson , Standard Life Insui
ance Company claims to be the strong
est in the south in capital and surplus
and it has innumerable features which
should make it popular and its policies
attractive.-' ' V-1 .
TRAINS IN COLLISION
Four Persona Were Killed
- Injured. .
and 30
. .Sapula, I. T., August 24. Four per
sons were killed and 30 injured this
afternoon "when a westbound St. Louis
and Sanr Francisco passenger train and
an v eastbound f passenger train, both
loaded heavily with excursionists, col
lided near Sapula.
The, wreck Is said to have been due
to the failure of the dispatcher to issue
an order to the eastbound " train to
take the siding at Redforkl Both Iocch
motives and baggage cars were teles
coped. The wreckage caught fire and
burned, but ridbodieswere cremated.
Father and Son Drowned.
Elktoh, Md., August 24. Frank C.
Churchill, of Germantown, Pa., and his
11 year old son, Norman, were drown
ed today in i Back 'creek,, - Chesapeake
City, while crabbing. .The boy fell
overboard . and ' his father - jumped , in
after him. Neither could swim. Mrs.
Churchill and another son witnessed
the drowning. ,
Noel Has Slight Malority. N
Memphis, Tenn., August 24. Advices
to the' News-Scimitar: from iMississIppi
points say that, practically complete
returns from Thursday's election give
Noel a slight" majority over m Brewer
for the democratic gubernatorial ncm
Ination. 1 N
Bank Statement.
New York, August 24. The state
2nent oC clearing house banks for the
week shows that the banks hold $9,
976,000 v more than the legal reserve
requirements. This is an increase of
$682,325 as compared with last week.
Appointed Supreme Court Judge.
" Atlanta, Ga., i August 24. Governor
Hoke Smith . todajr appointed Judge
Horace H. Holden to the supreme
bepch of Georgia, to succeed Justico
Andrew J. Cobb, whose resignation
will become, effective on. October 12.
Continued Business.
:' Washington, Aug. 24. The five stock
ibHokerage offices 'whose, .proprietors
were arrested yesterday under the
anti-gambling law did business today
until the close of the market,
: The members of the firms arrested
furnished bond for : their appearance
when wanted. '
BASEBALL GAMES , YESTERDAY.
American. .
Detroit 8; -'Washimgton 5. -
St. Louis 4; Philadelphia 6.'
Second Game: St. Louis 6; Phila
delphia 4
Cleveland 7; Boston 3. ; -
Chicago 5; New York 2.
Nationar - -
Philadelphia 5; Cincinnati 4.' -Second
Game:' Philadelphia 6; Cin
cinnati 0.
Brooklyn 1; St. Louis 5.
Second Game Broklyn 7; St. "Louis
5.
New York 7; Pittsburg 4.
Boston-Chicago,, rain. - .
' - Virginia League.
Lynchburg 4; Roanoke 2. .
-Second Game: Lynchburg 2; Roan-
Koke 0 . -
Danville 1; Portsmouth B
, Second Game Danville 2; Portsmouth
RIchmon 2;, Norfolk 2. (called dark
ness), j - , . -
Southern League.
New Orleans 1; Atlanta, 2. '
Second J Game: New Orleans B, At
lanta 4. : ' '
Menphis 3;" Birmingham 2,(12 in
ninge). ..-.
Little Rock 2; Montgomery
: Second Gamer Little Rock 10; Mont
gomery 0. -.,,
Shreveport-Nashville rain.
South Atlantis.
Augusta 2; Charleston I.
Macon 3; Jacksonville 2.
. LTJinTfA TODAY
Two concerts cftcrnoon taxL even
Ins. , - ' - r- , -
liUZTHZA. TODAY"
Two concert
3 crca-
OUTII OOT BfiORi
Entitled to its Ooota of Of-
SHOULD APPLY FOR THEM
Otherwise Others Yill Be Selected
To Fill Them
i Opinion Printed in Pamphlet iona
and Distributed Throughout State.
Considered Final by State's Coun
sel and Therefore Argument Wouldj
be Futile.
. Washington, Aug. 24. Civil. Service
Commissioner Mcllhenny today talked
of his recent trip through the south
where he went for the purpose of inter-
esting the people in the service.
"There are throughout the south'
he said ''many men, 'of high literary,
attainments, of learning) and ability,
the -type of the: college professor, to
whom the fierce struggles or commer
cial life are repugnant. Men ot this .
class' would be ' most valuable to the
government in many capacities and gov
eminent employment would be congen
ial to them. -
- "The benefit would be mutual. There
are young men also, of this same type
who could come to Washington and
serve the government while studying
in professional schools.
"Among the greater part of the
qfautherners the impression prevails :
that the civil service Is not for them,
that they can have" no part in cler
ical administrative work of the nation.
It is not the least difflcul 'to under
stand whiy this impression prevails.
This belief was, once a fact and not so
long-ago. v
"It Is a conviction based upon years s
of experience, during which it was
evident to everybody that a southerner
was the last man who could hope to
get a federal position. , Politics not ;
ony entered this question but perme- u
ated it.
"There were southerners of a sort,
who lield -: offices tmder the govern
ment, but these were not of the class
which I have been trying to interest In
the . service And it was largely be
cause persons of character of which
little need be said though much could
be said succeeded In - obtaining and
holding - office that desirable citizens
come to the conclusion that all avenues
were closed against merit and respect
ability." ,
Mr Mcllhenny said the southerners
of the high class which he tried to In-
est, held aloof from such things as
civil service examinations, feeling that
civil service reform was a farce. He,
added:. . - - . -
"It was my endeavor to impress up
on: the people that the condition which
they had "dome to regard as unchange
able had changed forever; that no
longer were they without the pale of
the government; but that - they were
part of it; that the attitude of Presi
dent Roosevelt had put the civil ser
vice upon a plane where performance
equalled promise an d that this state ,
of affairs had become firmely fixed
during his administrations that the
country would never allow another
president to go back to the abuses of
the spoils system. ; .
"Under the civil service rules each
of the southern states is entitled to its
quota of government servants and the
people of the south must be convinced
hat these positions belong to them.
Such posts must, of .course, be filled,
and when southerners do not come
forward to take them others must
be chosen."
FIRE IN HOSPITAL.
Women Nurses Do Heroic .Work In
Fitting' Flames md Rescuing Pa
tients. .
Middle, N. Y. Aug. 24. Fire origi
nating from a sterolyzing apparatus
broke put in the Thraty hospital here
tonight ' .'
Arthur Thornley, an orderly , In the
hospital was so ladly burned that he
will die. He fell to the floor uncon
scion and. was rescued by Dr. Lillian
Morgan.
A dozen women nurses did heroic
work in fighting the fife and rescuins
the, 26 patients who were In the hos
pital, most f of frhora were removed
through the TrlndotTS on. ladders cl
fire department.
The Interior of tha bulilss trsa
badly dinr.i:X r- , ,.
Ob
I