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