WHlur: IT 18 NEWS. • • '• ■'*■■■ r-t -• ALL THk NEWS VOL 6 7 hreat 7 o Lynch Carolina Negro in Jail At Easton, Pa Failed \Vtn. Handy Had Been Guilty of The Foul Mur der of a South Bethle hem Policeman Earlier in Day. Officer Had Attempted His At rest Because he Was Guilty of Insulting Women . Sheriff Strong ly Guarded the Prison. Easton, Pa., Aug. 27. —There was much excitement about the county jail at 3 o'clock this morning due to the rumor from South Bethlehem that a party of determined iron* workers had left that borough in an automobile to come to the county seat and take Wil liam llandy, a South Carolina negro, from jail and lynch him. The negro was arrested several hours earlier for the murder at South Bethlehem last night of Policeman Shuman. Warden Collins took no chances an3 aroused and armed aa his deputies and trusties, put bars on all entrances to the prison, and had tne entire polic( force stationed about the jail. Th( prisoner was taken from his cell ant hidden in a remote corner of the pris on cellar. After waiting until dawn for the ar rival of the supposed lynchers, the of fleers were dismissed. The murder of Shuman was mos foul. The policeman had heard of th negro insulting women iix a lonely sec tion of South Bethlehem and went t that quarter to make an investigation He found Handy and when he at tempted to place aim under arres the negro opened fire. Two bullet! entered the policeman's body and h died. Policeman Mc-Gue found Handy in s board yard and jumped upon him be fore he could get his revolver, whicl had been reloaded, into action. A crowd of angry men surroundet the prison and he was badly beaten He was rushed to jail in an automo bile. Handy protends to he ignorant o the happenings of last night. BAGGAGE CAR LEAVES RAIL Broken Flange Causes Accident Neai Mt. Airy. Mt. Airy, N. C., Aug. 27. —Thre fmall wrecks on the Southern betweer this place and Greensboro in four days but nobody hurt. The worst of th( three was the one in which the bag gage car left the rails, on account of the flange on the wheel breaking. Editor Herbert Lowry, of the Kerners villo News, spent Sunday with his pa rents in this city, returning home or Monday. Great throngs of people from this city attended the Baptist meeting at Union Sunday. Mr. J. L. Ashby has just received his tine automobile. The big premium list at the sala> Fair has stimulated the people ani great interest is being taken by every body. The Mount Airy brass bant lias agreed to do the nice thing by the fair people over the line and furnisli the music. RUSH TO FILE COMPLAINTS Commission's Hands Full as Resul* of YellO' Decision. Washington, Aug. 27. —More thai 100 complaints were filed with inter state commerce commission today each asking for reparation from the various railroads in southeastern ter ritory on account of the yellow pin decision of the United States Suprem Court. Under the law, it is necessary thai claims shall be filed yithin a year oi the time the rate law became effec live. This year, it is generally held will expire tomorrow. This account: for the rush to secure the filing o; claims. A Seller of Obscene Post Cards Arrested Philadelphia, Pa., Aug. 27.— Chargec by the United States Postal inspectors with wholesale selling of obscene pos tal cards, Gustave P. Lang, of this city, who traded under the name oi the P. C. Novelty Coompany, waas to •lay arrosted and held in bail for trial The arrest of Lang is regarded as ♦he most important capture yet mad( in the crusade against {he objection able cards. ' The case was brought to the atten tion of the authorities by a resident ol Home, N. Y., who received a sampl« scries of the postals. Peace In Central America In Sight. City of Mexico, Aug. 27. —It is an nounced here today that peace in Cen tral America is now assured through the intervention of the United States and Mexico. Formal statements giving the details will probably be* issued within a few days. THE HICKORY DEMOCRAT BODY OF LOST SCHOOL TEACHER IN LAKE y Paterson, N. J., Aug. 27—The body of Miss Agnes Maguire, the Brooklyn school teacher, who mysteriously dis appeared from her carriage at Nolan's Point, on Lake Hopatcong, N. J., Saturday night, was found in the lake today, Miss Maguire was visiting at her uncle's home in Dover, N. i, when, on Saturday evening, her cousin, Charles Maguire, a clerk in the Dover post office* took her for a drive to Camp Lookout at Nolan's Point, They arrived at camp after dark and just as a thunderstorm was about to oc cur. Hitching his horse to a tree Mag uire left his cousin waiting in the carriage while he went to camp to get some clothing. He said he was absent only a few minutes but when he returned Agnes was gone, leaving no trace of the route she had taken. Charles said he supposed the young woman, who was of a nervous tem perament, became frightened by the vivid flashes of lightning after he left her alone, and, trying to reach camp, lost her way in the woods. The body was brought up with a grappling iron in front of the camp. GIDDINGS' GIRLS IN WRECK _____ Girl, on Whom Father Attempted As sault, Leaves for Penn. Winston, Aug. 27. —Maude and Jen nie Giddings, daughters of the late Thomas Giddings, who committed suicide while under arrest charged with criminally assaulting his own daughter, Jennie, left Sunday for Pennsylvaina, where they will reside with their relatives. An administrator has been appointed for the estate, which is said to be valued at one thousand or more. The girls were !on No. 38, which was wrecked near Charlottesville yesterday .morning, but it is learned that»they escaped in jury. * Go To Eu tor Sh This is Almost a Possi bility Because of Trans atlantic Steamship Cut Rate War. Which is Growing Hotter. New York, Aug. 27. —Shipping men are watching with interest the Trans- Atlantic steamship war, which contin ues to grow. Every day has its devel opments now. as one line after another cuts the rate. If the conflict keeps up much longer the bargain hunters will get a chance to go to Europe on shopping expedi tions at cheap rates. The causes of the fight are many and varied. ♦ The steerage rate war, which brought the trouble to a head, is the direct result of the refusal of one of the con tinental lines to permit the Russian volunteer fleet to enter the steamship conference. DR. WHITAKER DEAD. A Prominent Method'st Preached and Editor. Raleigh, N. C., Aug. 27—Rev. R. H. Wbitaker, D. D., a prominent Metlio dist minister, editor aud author, died here last night, aged 79 years, leaving a wife and one daughter. - Dr. Whitaker edited the Democratic Press in the sixties and later the Spir it of the Age and Friend of Temper ance,, both organs of temperence move ments. The funeral occurred at 4 o'clock this afternoon, the services be ing conducted by Presiding Elder R. B. Johns. BOY'S HEAD CUT OFF Horribly Decapitated in Tobacco Fac tory By Elevator. Winston-Salem, N. C., Aug. 27. —Clif- ton Proctor, a white boy aged 13 years, was instantly killed In a horrible man ner at 10:30 o'clock this morning in the Taylor Bros.' tobacco factory. The boy was loklng down the shaft of an elevator, while the weight was lowered by parties above. One half of the boy's head was completely mashed off, and a horrible sight it was. The boy did not work in the factory, but was loaf ing there at the time. Marriage at Madison Winston-Saleni, Aug. 27.—Several parties from this place left today for Madison to attend the mariage of Miss Kate Webster, daughter of Mr. R. P. Webster and Mr. C. F. Ingram, of High Point, which will be solemnized al Madison tomorrow. The couple arc quite well known throughout the state After the ceremony they will go North for a few weeks, after which they will return to High Point, where they will reside. Judge Pritchard Upholds The Jurisdiction of The Federal Courts In Rate Litigation Asheville, N. C., Aug. 27. —'Judge Pritchard in the United States Cir cuit Court, in the long-expected opin ion announced in the rate case of the Southern Railway against the Corpora tion Commission and Attorney General of North Carolina, upholds the jurisdic tion of his Court in his issuance of the recent injunction against the State of ficials during the railroad rate contro versy and declares that the suit is not one against the State within the mean ing of the eleventh amendment to the Federal Constitution. That amendment holds that the ju dicial power of the United States shall not extend to any suit against a State by the citizens of another State. The decision says that the State Legisla ture cannot so frame an act as to de prive a citizen of the right vouchsafed him by the Federal Constitution, and it does not possess the power "to deprive this Court of its jurisdiction, and the sooner those questions are definitely determined the better it will be for all parties concerned." The decision holds that Corpora tion Commissioners are still charged with making rates, the only limitation upon their power being "that they shall 530,000 Hearing 7he Appeal of The South ern From Judge Long's Ruling to Be Moved Up on The Supreme Court Docket Raleigh, N. C., Aug. 27.—The Su preme Court has just convened for the fall term, took up the hearing of argu ments in appeal, the first uistrict be ing up this week. State vs Boker, an appeal from a sentence for an affray, was the first and required only a few minutes. The second case was the famous kidnapping case of state vs Joshua Harrison from Pasquotank county in which Harrison, who is an old man of prominence, is under sentence of twen ty years for kidnapping the little son of Hon. R. F. Beasly, former state sen ator ipore than a year ago. Ex-Gov ernor Jarvis, who is a brother-in-law of Harrison, is cousel for the defence and he is aided by former Governor C. B. Aycock and E. F. Aydlett. • Other first district appeals for this week are: Chesson vs Walker & My erss, Swindell vs Latham, Bowser vs Wescott, Carlson vs Lumber Co., Rid dick vs Dunn, Town of Washington, vs Lumber Co., Daniels vs Homer, Type Founders Co. vs Publishing Co., Alex-j ander vs Morrison, Rogerson vs Leg-) gett, Nicholson vs Dover, Sawyer vs Lumber Co.. By odds the case of most public in-; terest to be arguea during the whole term is the appeal from Wake'coun-j ty in which the "Southern railway ap-j peals from Judge Longs court in which j the Southern was fined S3OO Under! the agreement between the Governor i and the Southern this appeal and the] appeal of the state to the United' States supreme court from Judge! Pritchard's rulings in the Asheville! cases are to be moved up for the earli-' ,est possible hearings. The Wake case has not been certified up from the county court yet. As soon as this is done a time for argument will be set. In this its regular order it would come !up during the sixth week. HICKORY, N, C.. THURSDAY AUGUST 29, 1907* not nuke a maximum rate in North Carolina in excess of 2*4 cents per mile. The Corporation Commission and the Attorney Cfeneral are 'special ly charged' with the duty of securing the enforcement of Section 4 of the passenger rate act, which provides heavy penalties and fines for the fail ure of the railroads and their officials to comply witlnthe act." All laws in efistence on the passage of that act heartng on the supervision and control of railroads, etc., are to be construed in '®o#inection with the rate act. "It is* inconceivable," the decision says, "that the Circuit Court of the United States in the exercise of its jurisdiction should be powerless to af ford a remedy to one who seeks to as sert the right guaranteed by the Con stitution of the United States. This is in no sense a suit against a State, nor can it be successfully contended that the State is In any wise a party in interest, in so far as the merits of the controversy are concerned. It can not be reasonably insisted that this is a suit to prevent the State from enforcing any right which it possesses, nor can it be said to be a suit to com pel the performance of the obligation of a State, nor does it in any wise in volve a matter in which the State has .a pecuniary interest; the parties in in terest being the complainant on one side, and the travelling public on the other. I Fights Motion lo Rush Glenn Indignant at Ac tion oi Col. Rodman in Resisting Effort to Ad vance Argument in $30,000 Fine Case. Raleigh, N. C., Aug. 27.—A motion will be made in the supreme court to fix the trial here in the appeal of the Southern railway from the fine of ?30,- 000 against the company by Judge Long, of the Wake court, for violation oof the 2 1-4 cent rate law, tomorrow mornig with a to rushing the appeal to the United States supreme, court. Col. W. B. Rodman, counsel for the Southern, filed a written protest with the clerk of the Wake county court against specifying the record in this case before the regular term for the sixth district cases to be certified on appeal, claiming there had been no agreement that this appeal be car ried up out of the regular order. This caused great surprise to Governor xjlenn aud to counsel for the state, j Gvernor Glenn said, commenting r«n i Colonel Rodman's action, that he was 1 ' astonished and indignant at this action ion the part of the Southern railway, ' which is clearly carrying out tlie com pany's policy of impeding the efforts '•of the state to enforce its laws. This, jtoo, in face of the fact of the special ; condition of the recent agreement by which the prosecution of the Southern was suspended, wnich was that this | very case be hurried through the courts •in the shortest possiole time to the United States supreme qourt. Also, that in carrying out his part of the agreement for the state he, as governor had within the past few days written Merriman & Merriman, of Asheville, 'counsel for the state, to aid in every Iway possible in getting the Southern's appeals there to the supreme court of ( the United States. AND PREB3 "Therefore, the questions presented am not such as to warrant the assump tion that this Court is without juris diction, and a careful study of the cir cumstances attending theadoption of the eleventh amendment, as well as the end to be obtained by the adoption of the same, show conclusively that those who were responsible for its adoption never dreamed that it could be used as a means of depriving an American citi zen of the substantial right conferred upon him by the Constitution of the United States. , "The eleventh amendment, being part of the Constitution, must be con-, strued so as to give full force and ef fect to every provision of this amend ment of which it forms a part. Any other construction of this amendment would practically nullify that clause of the Constitution which provides thstt no State shall pass any laws impairing the obligations of contracts as well as the fourteenth amendment." The opinion shows that the laws of North Carolina especially provide the terms upon which an injunction shall be granted to suspend rates, pending litigation, or involving the confiscatory nature of such rates; that the statutes of North Carolina authorizes the course pursued by the Courts when freight rates are involved, but does not even require bond for such injunc tion when passenger fares are in litiga tion. | TIPTON WILL TRY FOR AMERICA'S CUP AGAIN Sir Thomas Confident That If He Chal lenges With The Shamrock IV., He Will Take The famous Prize to En gland With Him. New York, Aug. 27. —Yachtsmen here who met Sir Thomas Llpton on his last visit to this city recall his many good-natured allusions to a fourth attempt on his part to "lift" the America's cup. He has never denied that it was his intention to challenge again, if no one else did, and it has been generally understood that he would challenge for a race i» 1908. "It looks now as if he were really in earnest, and that the New York Yacht Club may expect a challenge within a month." "According to the cable dispatches, he will challenge through the Royal A Irish Yacht Club, instead of the Royal Ulster, as before. I can only say that until a challenge is actually received I the New York Yacht Club cannot take action regarding the conditions under which such an offer may be accepted." Sir Thomas is credited with having said at Dublin on Sunday that he was confident, if he challenged with a Shamrociv IV.. he would bring the cup home with him this time, remarking also that it would be a good thing for Dublin if he did. for then (he next race would have to be sailed in Dublin Bay. Hotel Normandie to Disappear From Broadway. New York, Aug. 27. —Broadway's ho tel district is to lose another noted landmark. Announcement is made that the Hotel Normandie. at Broadway and Thirty-eighth street, is to he turned over to trade and that it is to be rebuilt into stores, lofts and offices. Trust Tobacco Factory Shuts Down. New York, Aug. 27.—Officials of the American Tobacco Company stat ed that the shutting down of« the Company's factory in Cincinnati is permanent. It is stated that the clos ing of the plant is caused by the un satisfactory condition of the labor market. Many of the employes will be sent to other points. A ■,& „j. Judge Parker Clash Between In North Carolina MISER DIES IN MISERY Geo. Gould, of New Rochelle, Perishes of Starvation. New York, Aug. 27. —George Gould, 65 years old, who was one of 'New Ro chelle's wealthiest men, died in a hos pital there yesterday of starvation and exposure, according to the physicians in attendance. Gould, who acquired a fortune of SIOO,OOO in the plumbing business, and in real estate, lived alone in a house in which he allowed no person but him self to enter. His wife and children left him years ago, because of -his al leged stinginess. Gould had been sick for days and neighbors who forced an entrance into his home found him helpless from lack of nourishment and exposure. OLD NEW YORKER DEAD Mark Shaw, For Years in Shipping Business, Dies Suddenly. New York, Aug. 27.—Mark Shaw, one of New York's oldest business men died suddenly in the lobby of the Nar ragansett Hotel last night from heart disease. Mr. Shaw was 72 years old. For 50 years he was in the shipping business. His name was known all ov er the world, as he did an extensive business. Mr. Shaw was vice president of the Canadian Club and a member of the new consolidated stock exchange and the produce exchange. FARMER MEETS TRAGIC DEATH Met His Death By Suicide or By An , Accident. Winston-Salem, N. C., Aug. 27. — News has reached here of the tragic death of Mr. Will Ziglar, a leading far mer and one of the best known men in the Sandy Ridge section. Whether his death was a pure acci dent or intentional suicide is not known. It seems that he arose about 5 o'clock, took his gun and went into the yard before any of the members of his family had arisen. Shortly after wards the family heard the report of the gun and when they went to investi gate the noise found Mr. Ziglar dead. The entire top of his head was blown off. i He leaves a wife and five children. Sou thern Ear nings Comptroller H. B. Plant Explains Some Dis crepancies Between the Commission's and Rail road's Figures. Washington, D. C., Aug. 27.—A. H. Plant, comptroller of the Southern Railway, continued his testimony in the North Carolina rate hearing be fore the Master in Chancery. He dis cussed the alleged differences of $166,- 465 in the earnings of the Southern in North Carolina for the year ending June 30, 1906, - as contained in the re port of the North Carolina Railroad Corporation Commission and as stated in Mr. Plant's testimony yesterday. Mr. Plant explained that the differ ence apparently was attributable to the fact that the Commission's report made no mention of the intrastate bus iness on the Atlantic and Danville nor of the hauls of the North Carolina Rail- \ road, and that therefore the tabulation did not include ail the earnings for .which the Southern Railway has made reports to the Corporation Commis sion. Mr. Plant added that the_ reports made concerning the earnings of his. company in North Carolina to the Cor poration Commission shortly after he became connected with that system were made without a thorough study of the subject, but that recently a more exhaustive study was being made. He contended that the price of labor on the Southern Railway had increased very materially during the last five or six years and that wage concessions had been made since June 30, 1900, to the employes of that system. Mr. Plan t presented a tabulated statement, giving an estimate of the increase in wages to the employes in 1906 as compared with the previous year, which aggregated $1,044,000. The increases were for the entire system, but they applied equally to North Caro lina. Mr. Plant detailed the earnings and operating expenses of the Southern for the year ended June 30, 1907, and stated that the decrease in net earn ings as compared with 1906 was sl,- 909,587 or 13.77 per cent. The balance over fixed charges for 1907 was $2,- 290,321, compared with $5,229,066 in 1906, an increase of 56.2 per cent. In reply to a question the witness said there was not enough balance ov er fixed charges to declare a 5 per cent, dividend on the preferred stock of the "Southern, and that that rate of divi dend had not been declared during the present year. Four Burned to Death. Oklahoma City, O. T., Aug. 27. — Searching for an exit from the death trap that confronted them and hem med in on all sides four persons were" burned to death in the fire on East Grand avenue last night. Well Known Packer Dead. Chicago, Aug. 27.—Nelson Morris, a well known packer died today. THE 8E37 JOB PRINTING QS» \ AtU KJNDB AT THIS OFFICE. ' In a Timely Address Be fore the American Bar Association He Discus ses Problems Confront ing Legislatures. Attempt to Deal With Trusts Has Been Too Hasty But State Rights Must be Preserved at All Costs. Portland, Me., Aug. 27.—There was great interest in the speech of Judge Alton B. Parker here yesterday which he declared when introduced as the presiding officer of the Ameri can Bar Association. Judge Parker, in the course of his discussion, referred to the recent clash in North Carolina between the State and Federal courts. Too Many Laws. "Every unnecessary anl unwise statute is a blot upon the State es cutcheon and a burden upon the pub lic. This fact is well appreciated in some states, that the legislature is not permitted to meet every year. An illustration of the opinion of a law yer, upon whom as Governor rested the responsibility of the exercise of the veto power as to many bills passed only tnis year by the legis lature of the state of New York, is found In the fact that he vetoed thirty-seven, caused one hundred nine ty-seven to be withdrawn, and per mitted two hundred fifty to die for lack of his signature, making a total of four hundred eighty-four bills which, after passage through com mittees and both houses, failed never theless to become laws because of the Governor's action. While it is true that some whojesome and necessary statutes come out of such conditions like those I have outlined, in more instances unnecessary or positively bad ones spring from them." » * * Judge Parker then went on to refer to the making of large, fortunes and continued: , « "At a time when our prosperity seemed greatest and our enjoyment of the material things of life was most general, suddenly the righteous wrath of the people became stirred, and justly stirred, by the unwelcome dis covery that at least some of the large fortunes had not been fairly gained. Revelation followed revelation in quick succession of transactions in the domain of high finance by which a few had been enabled to add to their store at the expense of the many. "The occasion thus presented called for a carefulstudy of the situation by those engaged tn statecraft. Many there were doubtless who attempted to perform this duty. Their purpose was to ascertain how wrongdoing be came possible, and whether due in in some part to direct legislation improp erly procured, to inadequate legisla tion, or to a failure to enforce exist ing law on the part of those charged with the duty of its enf&rcement. The cause or causes being first ascertain ed, the next step in orderly procedure was to ascertain the needed remedies —remedies having for their purpose the punishment of the- violatars of the law and the prevention of similar abuses of the public in the future — remedies which, while holding In check the wrongdoer, should save from spoliation or injury the innocent stockholders or bondholders, who were in some measure the victims of their representatives. "Justice being the proper aim of all law and of all lawmakers, great care is required in such an emergency as that which came suddenly upon us, lest the innocent should suffer with the guilty, lest through ill-chosen and economically unsound legislation the people as a whole should be made to suffer because of the faults Continued on page 4 Almost Mutiny On Board Cruiser Raleigh Honolulu, Aug. 27. —Officers and men of the United States cruiser Raleigh complain of having had no shore leave for the past two months, and as a result theie has been almost a mutiny on board and the coaling of the cruis er hr.s been delayed. i Masked Men Hold up Autoists. Lewistown, Pa., Aug. 27. —Roy Long, Calvin Knepp, Charles Bearley, and Raymond Dixon, while automobiUng on dark road near here last night were held up by three masked men who took all their money and valuables A vigorous hunt being made for the highwaymen, but little chance for catching them. , k j

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