Newspapers / Hickory Democrat (Hickory, N.C.) / Sept. 19, 1907, edition 1 / Page 1
Part of Hickory Democrat (Hickory, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
WHICH IT IS NEWS. ALL THE NEWS VOL. 9 Famous Case ern's Appeal brom $30,000 Fine Argued Supreme Court Devoted, Day to Hearing Atgu ments of Counsel For Southern And State in Noted Case Contentions of Both Sides -If Railway Loses Ap peal Will Be Taken— Court Mav Not Give Opinion Soon. Raleigh, N. C., Sept. 17. —The su pivme court of North Carolina devoted today to hearing the argument by counsel for the Southern Railroad Co. and for the state in the noted appeal of the Southern Railway Co. from the $30,000 fine imposed on the company by Judge Long in Wake court, for vio lation of the 2 1-4 cent passenger rate. Argument in support of the appeal was made by Col. W. B. Rodman and J as. H. Pou for the Southern and by ex-Governor Charles B. Aycock, Hon. K J. Justice and S. G. Ryan for the state, in support of the findings of the trial judge. The indictment of the Southern Rail way Co. and Agent T. E. Green, the conviction of both, the release of Green on the payment of a nominal line with the understanding that he would sell no more tickets at an un lawful rate and the imposition of the heavy fine of $30,000 on the South ern for its persistence in the sale of tickets at the excessive rate, are all fresh in the minds of the reading pub lic as are also the subsequent sensa tional prosecution of the Southern and Atlantic Coast Line, under the direc tion of Governor Glenn, whereby the Railroad companies were compelled to enter into an agreement whereby the reduced rates would go into effect and the appeals in the state and the United States courts be carried up in due form and as rapidly as possible. Contentions of the Southern. Broadly stated the contentions of the Southern in the appeal argued today are that neither..the bill of indictment, conviction, nor the judgment imposed in this case, can, under the law, be sustained. In their argument today Messrs. Rodman and Pou took the po sition that it is not an indictable of fense for a railroad company to charge more than the two and a quar ter cent rate in North Carolina for the reason that the act really makes the violation by the agent a misdemeanor and for the railroad merely imposes heavy penalties to be sued for by the parties agrived. In the briefs filed this contention is elaborated at great length and numerous authorities cited. Another contention is that the fine imposed is not authorized by the stat ute and is in conflict with the constitu tion, and judgment should have been arrested; further that the fine is ex cessive and in violation of the consti tution of the state and judgment for this reason should be arrested. The contention is also made that upon the whole evidence the defendant railroad company was entitled to the mjuest for instructions to the jury; that the evidence was insufficient to find either the Southern or Agent Green guilty. There is also the con tention that the defendant did not have a fair jury to try the case. Furthermore the Southern contends in the argument presented that when Judge Long refused to continue the ease or allow the defendant time in which to prepare for the defense and force them to trial within 24 hours af ter finding the bill, the railroad com pany was thereby denied due process of law and the equal protection of the laws in violation of the Fourteenth amendment of the constitution of the United States. Then there is the general and final plea of the unconstitutionality of the 2 1-4 cent passenger rate act in that it is a violation of the Fourteenth amendment to the constitution. In arguing the unreasonableness of the penalties provided in the act coun sel submitted the calculation that in contesting the constitutionality of the act a railroad company such as the Soul hern would make itself and its agents liable in 30 days time to $453,- 750,000 fines against the company, the same amount against its agents and in addition 10,000 years in jail. All this argument was in addition to the plea that the whole matter of the application of the new rate act was already pending in the United States supreme court, to test the con stitutionality of the act and an injunc lion issued by the judge against enforc ing the act until the constitutionality was passed upon. Position of Counsel for the State. Much the greater part of the ar gument submitted by Ex-Gov. Aycock und Mr. Justice was on the issue of the jurisdiction of the circuit court of tho United States in which the rail road company undertook to suspend the operation of the act until its con stitutionality was passed upon. This jurisdiction the counsel granted citing authorities and presenting lengthy ar gument, taking the position that the Jesislature deliberately took the rate making out of the hands of the cor poration commission and passed this act itself to prevent any injunction as THE HICKORY DEMOCRAT k.C AND PRESS • '• to its operation from the federal courts. It is declared also that w attempt is made to restrain attorney general from the enforcement of crim inal act than this injunction from the federal court would be against the state and therefore, inoperative. There was argument that a constitu tional act cannot be suspended and that in the even the rate act was ruled in the highest court to be constitu tional then it will have been in ef fect since July 1 last, and the rail roads liable for every violation during this time. This to show the falacy of the injunction from the federal court, pending the adjudication of constitu tionality. And, finally, the contention was laid down that the assumption of jurisdic tion by one court, having concurrent jurisdiction with another, does not cut the jurisdiction of the latter court and there must be a plea showing iden tity of subject matter and parties be fore there must be abatement in the latter court. On review of the whole case counsel for the state insisted that the findings of the lower court ought to be affirmed It may be a month or longer before the supreme court makes its final rul ing. Then, in event the contention of the state is sustained, the Southern will take the case to the United States supreme court on writ of error for li nal hearing. Important Case Tried At Dallas Court Dallas, N. C., Sept. 17. —The criminal term of court came to a close Saturday court being an unusually long term, as the criminal portion of the court usual ly takes up only 3or 4 days. The on ly case of interest was the case of Graham Fairar, who was tried for mur der. The homicide occurred several years ago and Farrar immediately fled the state. He was captured in wyiite Plains, N. Y.. and was brought here several months ago. He was found not guilty and was freed after he had been in jail quite a while. Hon. Oscar F. Mason and Mr. John G. Carpenter appeared for the defense while Solicitor Clarkson was assisted bv *Mr. F. F. Griffin. The suit of the Long Shoales Co. against the High Shoals Go. will be the first case~tn come up on the civil calendar. —There will ne a regular communi cation tonight of Charlotte Lodge, No, 392, B. P. O. Elks, in the lodge room over the Southern's uptown ticket office. First Spike Was Driven Work Begins on The Fay etteville Street And In ter - Urban Railway- Many Spirited Citizens Make Speeches. Fayetteville, N. C., Sept. 17. —This progressive sduthern town is en thusiastic and excited over the opening exercises incident to the driving of the first spike and the beginning of the laying of iron on the Fayetteville Street and Inter urban Railway. A large crowd is in attendance, a band is playing and spirited addresses are being made by various prominent citizens. The mayor and city aldermen, the officers and members of the chamber of commerce, the officers and mem bers of the industrial clubs, the clergymen and many ladies are in at tendance. Addresses have been made by Hon. E. J. Hale, Capt. J. D. McNeill, F. R. Rose, secretary chamber ol commerce, Messrs. A. H. Slocomb, and others. This is an important event in the history of this progressive city, which is so rapidly forging to the front with other southern cities. This system is owned by W. I) MeNeill, W. E. Kindley, and othei business men of this city. Promptly at 3 p. m. all of the business houses will close in honor of the event. Thirty Persons Destroyed In Flood —Houses Burned Tokio, Sept. 17—Thirty persons were drowned and 100 houses burned this morning at Kosakabl mine. The fire started in them ining works and while attempts were being made to save the mine the water reservoii was broken, flooding a portion of the village. Many 'women and children were among the victims. EGYPT'S COTTON CROP. Is Largest in Past Decade —Worth $150,000,000. Cairo, Sept. 17.—The cotton crop of Egypt, which exceeds mill lon cantars (a cantar is a little over 99 pounds) shows a large increase over all records of the past decade. It is estimated to worth $150,- 000,000. ' _ . .. HICKORY, N. C., THURSDAY SEPTEMBER 19, 1907, O 4)00 TW/ELV£- 5r w J Awy' N % W / rC S B * ?- r 4/u " v A O I t/Wf^Cx \4 * i \X •v°o\ iCJ^i «th. MISS "FLUFFY RUFFLES" CHARLOTTE. N Fast Express Train Wrecked ■—. Easton, Pa., Sept. 17. —'The Lehigh Valley express train, from Buffalo to New York, was wrecked early today near Pattenburg tunnel in New Jer sey. % A number of trainmen and pasen gers were injured, but none of the lat ter fatally. The train was running at high speed when the locomotive jumped the track and plunged into the mountain side. The engineer was injured internally and the baggage master sustained a [fractured arm. The passengers injured were riding in the smoking car. Stop The Proselyting Evil In Athletics New York, Sept. 17.—The Metropoli tan Association of the Amateur Ath letic Union, at its annual meeting at the St. Bartholomew Athletic Club, adopted a resolution seeking to stop the proselyting evil among athletic clubs. Bartow S. Weeks, presented the res olution which was a recommendation to the national body. It was the first step toward resenting athletic clubs. It stipulates that only college men who had a parental district resident should be eligible to wear the colors of the local club. J. T. Mahoney, on behalf of the regis tration committee, went a step further with an amendment to the resolution debarring all college men from repre senting athletic clubs while they are in college. Weeks contended that the Mahoney amendment was going too far. He fur nished statistics to the effect that only in the East was the drafting of ath letes practiced. Weeks said that the proper procedure was observed in the West, where whenever a college man represented a local club he was a boni fide resident of the district The Mahoney amendment was final ly carried by acclamation. It was stat ed that schools, colleges, or universi ties come under the ruling and will go into effect at the opening of the col leges. She Would B 4 Walkingßomb' St. Petersburg, Sept. 17.~The police arrested a young girl today, nicknam ed "Wanda," acused of participation in a plot to blow up the headquarters of the secret police, situated on Moika ca nal, whose torture chambers have aroused bitter feelings on the part of the revolutionists. The police claim "Wanda" planned to become a walking bomb and enter the headquarters building when gen erally full of police, wearing the uni form of a gendarmerie officer, with wads of gun cotton and carrying pow , erful bombs. "Wanda," the police add, hoped by blowing herself up to reduce the build i ing to ruins and kill all the officers, ! composing the staff of the political > police. . The police in addition arrested a Jewish tailor in whose shop they seized ! a half ready uniform intended for a woman. Free-for-AII Races. Norfolk, Va., Sept. 17—The "free i for-all races" of yachts of 40 feet and under the Jamestown international i cup regatta series, off Hampton • Roads, are on, the boats having • made the start in ideal weather. The t boats contesting are Dorothy, Capsi cum, Little Rhody, Eleanor and I)or - othy Q., Mattacheeslt, Margaret B. and Usona. HORRIBLE DEATH OF FOUR MEN IN UIIMSH-UP Colorado Springs, l7.— A powerful racing autoifiobile, occu pied by seven prominent Elks and the chauffuer, and buil£_£o hold but three, while running at a terrific rate, crashed into a telephone here and was wrecked. Four of the occupants were killed out-right and the fifth was fatally wounded and the others more or less slriously hurt. The bodies of the dead were man ned almost "beyond recognition. The men were returning from Man tiou. The car with its passengers, { crowded into two seats, on hood and on steps, plunged at a terrific clip down hill. The driver lost control of tho wheel and the powerful ma chine swerved from side to side. Suddenly the front wheel struck some obpect and the machine was thrown a distance of about 45 feet down the hill. The car probably would have been whirled down the hill for a still great er distance but. for a telephone pole which barred the way. Aged Wom Fought Robbers Masked Burglars Bound And Gagged Man And Knocked Woman Un conscious Then With Booty. Binghampton, N. Y., Sept. 17. —Ear- ly yesterday three masked men enter ed the home of Harvey Cole, at Hick ory Grove, Pa., and after holding him up at the point of revolvers bound and gagged him. They then started to ransack the house when they were confronted by Mrs. Cole, who, with a chair, felled one of the men. Another struck her with a black-jack rendering her unconscious and then continuing their search the burglars secured $OOO in cash and other valua bles, with which they departed. Mrs. Cole did not regain conscious ness for some time, when she untied her husband. No trace of the robbers was found. Mr. and Mrs. Cole, both aged people, are in a serious condition. France Encouraged Over The Moroccan Situation Paris, Sept. 17—The l-'iench govern- By Associated Press, ment is greatly encouraged by the im provement in the Morocon situation and strong hope is entertained that the rebellious tribes of men, whom the delegates who conferred with General Drude on Sunday are now consulting, will agree to the peace terms. Delegates of the Moorish tribes are expected to give final response of the tribesmen on Thursday. - Another good feature of the situa tion is the definite agreement with the Moroccan war minister for the imme diate installation of police at Tangier in accordance with th£yterms of the Algeciras convention. Old Prison Keeper Dead. New York, Sept. McLaugh lin, who has been a keeper on Black well's Island for thirty-seven years, died in St. Vincent's Hospital after an operation. He had direct charge of William M. Tweed when Tweed was in the penitentiary. Rowlands to Be Trted S Raleigh, N. C„ Sept. 17.—1t is defi nitely settled that the trial of Dr. and Mrs. D. S. Rowland, on the charge of poisoning Mrs. Rowland's former hus band, C. R. Strange, will begin Sep tember 30. the second Monday of Sep tember Court week. Dr. and Mrs. Rowland have been quietly in jail all this time. There have been reports that Mrs. Rowland intend ed to go on the stand and make a sensational statement with a view to gaining her liberty, but it is pointed out that being Dr. Rowland's wife, nothing that she might say could be used in the prosecution of him. Altogether, the report that the wife intended to make any statement other than con tinue to insist on the innocence of she and her husband, is very strongly dis credited. There are three other murder cases pending for trial at the September term of the court, the indication is, however, that at least one or two of them will be continued. One of them, Everitt Spence, is out on bond, another, Elvi ra Powell, an aged negro woman charg ed with implication in an infanticide, is now a raving maniac and will hardly be tried at all. Thaw Will Probably Be Tried In December New York, Sept. 17. —When the criminal branch of the supreme court opens next month and the case of Harry Thaw, charged with the mur der of Stanford White, is , called, Martin W. . Littleton, senior counsel for the defense,' will demand an im mediate trial for the accused. District Attorney Jerome, it is un derstood will oppose an immediate hearing. • It is believed that in the end both sides will agree on a date in Decem ber for the trial. County Medical Society Meeting. The County Medical Society will meet at the city hall tonight at 8:30 o'clock, when papers will be read by a number of physicians. Free brom In New World New York, Sept. 27.—After having served a 25-year sentence in Sing Sing prison, Michael Haclcett, a former New York Policeman, is free, thanks to a parole granted last week by the state board of pardons. Hackett entered the prison in 1882 and during all these years he had not had a glimpse of the outside world, and all of his impres sions had been formed from occasional pictures and papers he had been able to obtain. He had never seen a trolley car nor an automobile, and a skyscrap er wa3 a marvel. Even the dresses of the women today are novelties and objects of curiosity to him. "This is a new world for me," he said on reaching the city, five hours after his release. "As a policeman 25 years ago, I thought I knew every nook and corner of the city, but the people are different, the buildings new and so big that lam bewildered. If you had suddenly, placed me in the heart of the city 1 would have been lost as completely as if I had never been heretofore." Many of the actions of the parolled man were pathetic. Just after his re lease it was noticed that he was con tinually fumbling in his- pockets and taking out their contents. When he saw that this was attracting attention he explained with an embarrassed smile: "I haven't had pockets in my clothes for 25 years and I'm not used to them. I'm always afraid that the things I put in them will get lost." Many Members Of Battle Ship Killed ByT he Big Financial And Commercial Conditions Are Good New York, Sept. 17. —Two prominent capitalists interviewed here as to the present financial and commercial con ditions and possible troubles ahead think alike that there is no cause for uneasiness. Sir William C. Van Horne, chairman of the board of directors of the Cana dian Pacific Railway Company, said: "The time has come when Wall street can no longer ignore the great prosperity that prevails throughout North America. Business will go ahead, Wall street notwithstanding." "Of course, it is easy to predict any thing. Tight money might be the re sult of two things: it might come from lack of credit or because of the active conditions, the great activity in trade. The present tightness is caused by the lafter condition, but it is not hurting anybody." Richard C. Kerens, the St. Louis fi nancier, said: "A year ago the country was at flood tide of its greatest industrial prosper ity. Then came a scarcity of labor fol lowed by stringent money conditions and a recession in building and kin dred enterprises. But this should not be called a depression. "It is generally believed in the West that the worst has been passed for this season. An all-important consideration, however, is the crops. A few weeks more of favorable weather and a bump er crop will be assured. The yield of other cereals has been fair Ample mqney to move the corn crop seems to be forthcoming. Therefore, it may well be concluded that there will be nothing like a panic or even serious depres sion." Changes of Officials. New York, Sept. 17.—1t is said here that it will be months at least before Gen. Leonard Wood assumes command of the department of the east in place of Gen. Fred D. Grant, who will then take command of the department of the lakes, with headquarters at Chica go. The change has been expected to take place this year. But it is now un derstood that the war department has decided to keep Gen. Wood in the Phil ippines until after Secretary Taft's vis it to the islands. When Gen. Wood leaves Manila it is the % intention of the war department to grant him an extended leave of ab sence which will begin on his arrival in the United States, probably late next January. Gen. Grant's transfer to Chicago has there been postponed. Mr. T. J. Resigns His' Resignation Now in The Hands of Mayor S. S. McNinch— Pressure of Business Given as The Reason. Mr. T. J. Davis, alderman from ward one, and chairman of the finance com mittee of the aldermanic board, has decided to sever his connection with the city's government and yesterday af ternoon-presented his written resigna tion to Mayor S. S. McNinch. Mr. Davis, it is understood, did not give any reason for resigning, though it is said that his aldermanic duties, and those resulting from his being head of the finance committee, seriously inter fered with his business affairs. Mr. Davis Is president ot the Elba Manu facturing Company and the People's Ice and Fuel Company. Being in the hands of the mayor, it is not known at present what disposi tion will be made of the resignation, though it is believed that it will be presented in an official way to the board of aldermen at its next meeting or at a called meeting. Should it be accepted the board will elect his suc cessor apd also his successor as chair man .of the finance committee. The remaining aldermen from ward one are J. W. Wadsworth, W. I. Henderson and W. T. Hart. Mr. Davis, who went into office with the new administration, has made an efficient officer, both as alderman and chairman of the fiance committee. He succeeded Alderman J. W. Wadsworth as chairman of the finance commit tee, when Mr. Wadsworth resigned sev eral months ago. Mr.' Davis was one of the organizers and leaders of the Municipal League, which overturned the old city administration. He is an able business man, and his resignation, coming as a great surprise, will rob the present administration of one of its best equipped members. Davenport College Opens Auspiciously v Lenoir, N. C., Sept. 17. —Rev. R. P. Walker, pastor of the Baptist church, in Lenoir, is quite sick, but is im proving slowly. Davenport Female College is just be ginning what purports to be the most successful year's work in its history. There is in the neighborhood of 00 boarding scholars in the college, be sides the day pupils. THE BEST JOB PRINTING OP ALU KINDS AT THIS OFFICE* Five Officers And 22 Men Killed And Number Badly Injured In Disas ter Aboard Battle Ship Kashima. / Cause of The Explosion is Being Investigated— Disaster Occurred After Target Practise —Gas Set Off Powder. Tokio, Sept. 17.™ Forty of the crew were killed and injured on board the Japanese battleship Kashima by the explosion of a 12-inch shell within the shield after target practice on Sep tember 9t.h. The casualties reported as a result of the explosion are as follows: Killed, five officers (names not giv en) and 22 men. Severely wounded, two officers and six men. Slightly wounded, two officers and six men. The cause of the explosion is under investigation. / It occurred inside of the shield of the star board. It was not the shell which exploded, but the powder which evidently caught fire from gas emitted front the breech which opened for the purpose of reload ing the gun. The hull of the Kashima was not damaged. Suit To Di Standard New York, Sept. 17.—1t is learned that when the taking of testimony be gins here today before Ex-Judge Fer ris, the Special examiner in the govern ment's suit to dissolve the Standard Oil Company, Frank B. Kellogg, the government's chief counsel, will at tempt at once to prove the ownership and control of other corporations by the Standard Oil Company of New Jersey, the reputed holding company of the alleged trust. It is further un derstood that for this purpose he plans to make C. M. Prat, a director ol the Standard Oil compnay the first wit ness. W. L. G. Rockefeller is likely to be the second witness. Mr. Kellogg says that statements ordered by federal subpoenas will be used to show that v large number oi corporations are owned and directed by the Standard Oil company of New Jersey. That other corporations are similarly involved, he will prove by direct testimony, h? savs. Not all of the statements called for by the subpoenas have been received, but Mr. Kellogg expects them today. The taking of testimony before Ex- Judge Ferris in this city will take at least two weeks. About 25 witnesses have been subpoenaed, and many more may be called. Four additional subpoenaed have been served on H. E. Felton, traffic manager of the Standard Oil company; W. H. Tilford, treasurer of the com pany, H. M. Hunburn, n son-in law of John D. Archbold, one of the individu al defendants in the government suit, and George Clieshio. TO RE-ESTABLISH CONNECTION. Corporation Commission Orders S. A L. ard A. C. L. to Provide Addi tional Facilities at Maxton. Raleigh, N. C., Sept. 17. —An order was issued by the corporation com mission requiring that if necessary the Seaboard Air Line shall on and after October provide additional fa cilities so that the connection of its passenger trains from Charlotte to Wilmington at Maxton with the At lantic Coast Line for Red Springs, Fayetteville and other points, will be maintained, in an elaborate state ment. The blame is wholly saddled on the Seaboard because of breaking that connection to maintain connection at Hamlet with the Birmingham train. The Seaboard now promises to re establish the connection Oct. Ist. MR. KITCIHIN AT WINSTON. > Over 500 People Hear Speech of Gubernatorial Candidate. Winston-Salem, N. C., Sept. 17. — Congressman W. W. Kitchin, of the fifth district, and one of the lead ing candidates for the gubernatorial nomination, spoke in the courthouse here last night to an audience num bering 500 or more. The congress man spoke for an hour and forty five minutes and during his speech he was interrupted time and again by hearty applause. The Winston Con cert Band furnished music. Pres. Small Appeals For Aid For Strikers Washington, D. C., Sept. 17. —The appeal of President Small, of the Tel egraphers' Union and President Gom pers, of the American Federation of Labor to organized labor throughout the country for financial assitance to the striking telegraphers was isued to day from Federation headquarters.
Hickory Democrat (Hickory, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Sept. 19, 1907, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75