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Hit HE Vol. VIII RALEIGH, N".' C; THESDAY .-NOVEMBER 12,, 190 1 No,. 81 WANTS TOLSUB ' NORTH CAROLINA South Dakota Files-a Com plaint Which Speaks of . Receiverships andln iunctions Among Other Things Washington, Nov. 11. The State of South Dakota desires. to sue the state of North CaroSina, and today filed a inif in the United States '. Snnreme I 'our i setting ( forth . tha t' .request. , It n:is tiled by Attonrey Genetal. Doyle of Souik Dakota. . Through two other parties joum ianoxa , wiis pyeu ror, spares or stocK neia oy tne oiate ano : . covers -many very- important sui c.K.iil nnrnoses ten bonds of the state that n infnne'tkm be issued nrohihir-1 jects, including the reorganization of the South M North Carolina Wued for the We .inland enjoining the State of North rn North Carolina Railroad. They a;e ' Carolina from collecting or receiving the . . . - . ,!.... . .... ., . . for t,W encn. econ mortgage nonn, - of date July 1, 18(H). It is alleged th;lt ( the first mortgage bonds jwere. extende4 to the depreciation of the second mort- tiize bond, and Xortb. Carolina having i Committed the Name of Science S'ew York Nov. 11. As result of his efforts to prove that tuberculosis U ":i tercomaiunicable between man and least. Dr. George D. Barney may fi ad liiajself in a legal difficulty. 'When Dr. Barney inoculated a cow with tubercu losis germs from a human being in or der to demonstrate that Prof. Koch was wrong in declaring that the disease was not transmissible, the Prooklyn .Board of Health did not object. When, how- crer, the board learned that JJr. isar-igirl with tuberculosis . serum -lie is, n r.ey had reversed the experiment aid)mv opiuion. liable to criminal, prosecn- inucnlated Miss Emma II. King, it d: .1 A riiTeJ that action must be taken. According to t-ie story told by ly. H;irney himself, be inoculated a per fectiy healthy girl at hffi home 401 Third street, -wit he sernm Lfroortbe laid himself open Lo criminal prosecu diseased Cow Saturday morning; Het'tion. v - - Bloody Greensboro, N. C, Nov. 11. Special, A gentleman from the country who had occasion to come to town early yester inr morning d scovercd unmistakable Svidences of a bloody fight in what is know as Warners ville.. There were signs !f a struggle, and a quantity of hjiman ?'re had been spilled on the ground. In idditlon to this, the gentleman picked up a jroorl revolver and va man's cap near ihe sen of the trouble. t The matter y5 reported to the otScersi and a little inrestigation revealed thu fact that two white men by the name of Hilton ami Newi'crry had lieen carried to a board- in; house in West Iee street by. friends j Battle ho stated that they were hurt in a ? morning at the home of his son, Mr. littie trouble. Hilton and Newberry g. W. Ienny. He was 11 years old were cut and bruied in a horrible man-j and had been in feeble heaith for some nei. and blood was .liowiug fredy fio.n , time. The remains weYe interred today tlioir wounds. A little more iovestiga-I at Buffalo Presbyterian Church, , where ii(n rcve;tlet! the fact that thre had the deceased had been a ruling elder for l-'tn a big fight Saturday niifht at a J more than a half a century. A Hitch In the 1 Trade with Denmark Washington, Nov. 11 After having enable President Roosevelt to put it to practically arranged a - satisfactory the Sena;e for ratification when that Treaty with Denmark for the sale of the body assembles het tnonth. . u Danish West Indies to the United? The main difficulty in the way for States the State Department has en- reaching a complete understanding ountered fresh difficulty through the seems to be the desire of the Danish i'Homiug of a new ministry at Copen- government to make the transfer condi liiigcii. The old. or Conservative min- tional on the immediate recognition of istry, had considered the' matter fully the people of the islalnds as American iind M as in accord wiin this, government, citizens with all the fTJts and privileges 1'iactically nothing regained to" bring tltcreof. The State Department is un tile negotiations to it conclusion when i willing to consider this proposition on le Conservative ministry was succeed-! tlie ground that it would be inadvisable cil ly a Liberal ministry. It was then i ?r-ossary to go ovtr th case again, This work has been expedited, but there Mf questions remaining on which tho representatives of the United States and , eimonnt: for Ahe . islands than; was' pw I'eiimark cannot reach r.n agreement, j viously agreed upon if " Denmark will It is now certain that :he treaty of j waive its propositions concerning citi tiSBsfer; willnot 1e signed jn time to j j-.enship and free trade relations. ; Absorbed by the Fertilizer Trust Winston-Salem. Nov. 11. Special. A controlling interest in the plant of the Southern Chemical Company in this city rias passed into the hands of the Virginia-Carolina Chemical, Compauy, known as the .Fertilizer Trust. DrII. B. Battle; who has been president df the local company r since it was orgati ir.ed, has disposed of his tock and ten dered his resignation, which has been accepted. The Southern Chemical Cutn- refused, to pay the second mortgage bonds, request is made that this suit tija.v be brought by South Dakota, which holds ten shares as a gift. The court took the matter under advisement. , The complaint alleges that 30,0fJ shares of railroad stock are owned. by the', State of Noith Carolina, that fho State is receiving targe dividends from the .stock, thflt. the mortgage bands is sued upon the stock of which $30,000 are. held by the Stat of South Dakota a lie now due and together with interest coupons have not been paid. It is asked of the stock be sold under direction & the court as will be tea aired tor off the mortage bonds and in, jert diie. that during tie pendency of.j thijj suCt a receiver be appointed by the i court, to take- charge of the thousand dividends on tinrty mouana snares or 6t0k to o nest ion. t - Xhe boiids held by the State of South Dakota wer part of a donation made- to the State University. ' j in now has her under observation waiting fo& the disease to develou. . 3Jiss King declared she was a willing subje&t in the interest of sience. She is willing, she says, to die if necessary to. help find a cure for 'the disease, but she believes that if she becomes infected Dr. Baraey will be able to cure her. Dr. "Robert Black, superintendent of the Brooklyn Board of Health, said to day: "The board will " begin action to day, if possible, against Dr. Barney. If Dr.' Barney has inoculated a healthy ;tloq. I shall lay the matter before the council cf the health board. Dr. I AvJewett, chief of the depart nient of contagious diseases, also be lieves that the Brooklyn physician h.is rbudht Last Saturday Night notorious house of ill fame that com-i-tunity. 1: was said' that- the 'pnnvl was continual after the parties lf: Ihe house. Neither of the1 wounded men will gire any information concerning the matter. Warrants were issued for three of the men believed to be implicated. They wfrl have an opportunity of ex plaining their actions in a justice's court. .- Revenue officers visited the. home of Bud Ijnne, colored, yesterday and found him in the act of retailing a verj' low grade of corn whiskey to a thirsty crowd. He was taken in custody "and the "fire wafer" confiscated. Mr. George A. Denny, an aged and bizhlv resweted citizen, died vesterdav ; to pledge congress to it. 1 . It is reported that .negotiations arc "now proceeding oh the basis of an offer j of the United States to pay a larger' nanv had a canital stock of "; on( r.. , and it has done a large and satisfactory ' hiKincci) Pvpi- sinr-P th nl?in- was es tablished. The management will of course be left wrth the lrgmia-Car- oliua Compauy. It is reported that Mr. v. T. Brown retains an interest in thei busuiess and wiu probaibly be the local manager for the new owners'. He ha, been an officer in the company , ever since it was organized. - Pacts to Be Embodied' ' in Mr. Root's Report (Secretary of War UasMade Searching Inquiries Re gardingAil Branches ; of Military and! Naval Operfl ations . ;r -Washington, Nov. 11. Secretary Root Jef t atmngton this morning for a short "lv cw iwk, ana is expeetea to "tl I ?!!'e.t,omorr(7 nd resume -work 7 week past, - " " 'The Secretary of War as giving much time to the construction of this reuokl arlaJ along lines adopted by Congress f Ln !ast seslH: e troduction of a civil government in thp Philmmues. with au aCcount of llle progress made by the military and civil authorities in the islands, and also a description -of the work of the government: of intervention in Cuba under Gen. Leonard Wood. , the report. Secretary Root called upon the different branches of the War De partment for statements on the subjects which he had under consideration, and upon the adjutant general of the army for. Information as to the personnel of the army and the working of the new organization bill. He had . a, statement prepared by the qiartermaster general showing the operation of special fea tures " of1 that service. General Miles was asked to state auv recommenda tions he had to make, .and from General Corbin Secretary Root secured a brief synopsis of the reports of the com Unknown Goes Down Her Crew of Six or Eight Men Believect to Have Perish-. , ed in the Storm v . : - , ,..", .: l'"--;- Xhatham, Mass.. Nov. 11. An" un known three-masted schooner was wreck ed, on .Little Round Shoal during last night, and her crew of six or eight men are believed to have perished. Captain Odridge and crew of the Monomoy life saving station -went off to the wreck this forenoon, but were unable to find anything by which the vessel' could be identified. " " Just before dark Hast evening a large coal-laden schooner came driving down over the shoals before the gale, under close reefs. She had evidently parted her sheet anchor chain off -.Highland-light, forcing her to seek a position under the lee of the Chatham shore, bWip lr smaller anchor would hold. Before rounding pollock her spanker J was blown to ribbons ana tiie skipper j Neglect of Duty and Oppressing Policemen Bring a Deputy Police Com missioner Under Amena-: bility to the Criminal Law New York, Nov. 11. Justice O. C. Gorman of the Supreme Court decided to day that Deputy Police Commissioner Devery is not exempt from amenability to the criminal law for "misdoings in i his judicial capacity at police trials, and that Justice Jerome, who issued -a warrant for his arrest for neglect of dr.'tv and oppression in the police trial rooin, is not disqualified by prejudice from examining Devei-y on these charges. Justice Jerome, however, now that he has been elected district attorney, "will transfer the examination of Devery and the examination of all police and -vice cases to some other magistrate. Americans Prepared for Insurgent Attack .jianira, Nov. 1L Major Titcher, who commands the American 'troops in the Island of Mindora, reports -that the rebels made'' an attack ,on- the garrison of Abra de Elog similar to that on Com pany -L of the Ninth infantry at Balan giga, Sauiar, some weeks ago. The gar- non was nrpnared. however, ano kiiim t E tive rifleluu- man WOUUded The Amei-fcans had one Lieut. C'oyes. of the Thirtietn lnrtuu ry.who with oOO men is pursuing the-ieb els, has captured a deserter by tne name of Richter, who Was dressea m -" form of the rebel artillery. ; ; , Catbalogan. Island of Samar, Nov, lL tThe native peace commissioners are m- manders of 'ihe military departments. jn the United -States. He allso requested the Philippines J Commission to sup) i, him rwith datar as ito- the progress made ln-the Philippines and asked General Wood for information's to the work in Cuiba. Already! he has outlined there? port, and lieirly all -the -information de si.red is at haua and ready for his re view; Some-f eatures of the report - are now prepared so that 3t U known to some extent what Secretary . Root will ay. The report wil; open with a statement of the strength of the army and its jdis tribution ini the United -States and in frigu territory. ; - v In reviewing the; work of the Philip pines Cothmlssiou the report will tell of the-transfer, of civil .'authority t the pommissiohcauU Governor Ta ft by7 Gen eral Macrthttr,, who hp. to the first of July xer'I.sed . the dual functions' of civil and military, governor. It 'will be ooinled outln; the report that tire main-! tenarice of jtjl government by the Pljilr ippine Commiion is under the military power of th President and in this con- iiection; Secretary " Root , will refer to the decision of the . Supreme Court iu the insular' cases' -and its effect upon the -ouuiiv.E i uauirs- ill lutf x u.ii)piiies. He tul describe at some length the mi proved conditions in t he Philippines, the cstaMishment 5of schools by the com mission, th pending of American teach ers Ao Manila, the - imorovements or dered by -fee Philippine Commission adoihiou by that body of a code of civil procedure, A code of criminal procedure, t,j01is wajch committed tou to the pro- ?-ni iC m'm"latl01' " tr , n?u- TMn;f I teciion of the?e two valuable adjuncts framed upon, lines suggested by the Phu- j - .... . . , . ' ippine Commission. to our TXP1 fortunes, and thiat they , rki. ".tu i ; had been promised immunity from ar- ' There will ;be some reference to the i . . condition of the scScoast defences, and , rest undr requisitions from the Ken Secretary Root will j urge the laying of incky auihorities in the event or your a Pacific cable from San Francisco to election, as governor. This informaition Manila. ,Thearmy service will be com- . lias been confirmed by your conduct mc-nted upon and a. plan suggested for j and by the complete sense of protection gradually reducing : the transport fleet nder which these two? men seem to and tH-ingcMinrercial teniers for the t .m, . . nA vnr innnmUv nf carrying or iaii to Alaniia, , the s'ji.i ment of stores -.and. soldiers. in the Waves then tried to work back under Monomoy. Wind audi tide drove her steadily off shore, however, and as night came on she was seen drifting towards the break ers under her lee. " " , This morning; three masts were seen protruding .above the water of Little Round Shoal, and, seeing what looked to be men" an, the rigging. Captain Eld ridge andioiislvrew. put off in ."the lifeboat-. The trip was a perilous one for the . life-savers, but they came through iiusafety, reaching shore late this after noon. " ; : -.'Captain Eldridge says that no one was in the rigging when ; he reached the sunken vessel, but that: a boat about halt full of water was made fast to the mizzen rigging. During the early morning a large schooner was seen under the lee off the shoal, and it is possible that the ship wrecked men were rescued. . The latter vessel is far off shore.'yanchored for the night. Captain Eldridge says the sunken craft probably' put down her last anchor as soon as bottom coui,d re round, and tha t the ebb tide caused lier to smash her null ou the snoai Devery was -accused of oppression of Policeman O'Nef.il and other policemen when they were on trial before him, and of neglect of duty oai failing to hear O'Neill's witnesses and on reprimanding another policeman for enforcing the Sun day law. He got a writ of prohibition to prevent Justice Jerome from con ducting the examination. This writ is now dismissed. , . " Mr. Devery's opinions on the decision could not be learned todaybecause Mr. Devery is ill again. He" has been ill since the returns began to show the results I on election night, and he has not "been near police headquarters since 10:30 octtoek of that night, when he went away looking very sick Mr. Dev ery s illnesses nave seen interesting on account of the .performances of his dou fble on those occasions. Justice Jerome is In excellent health. The justice returned today to his Pjjiye on " the social sessions bsnch. He sa t between Justices McKean and-Wyatt, Tammany appointees. Many of the court attendants congratulated him, and there was a greater crowd than usual in the building. r fsist'ing that the insurgent leaders who have surrendered shall return from the Interior. It is reported that the insur gents have been concentrating in North ern and , Central Samar since Tuesday iii obedience to Lukban's proclamation. It Is said that they are considering mak ing a complete - surrender, but this is very doubtful. The peace commission ers have made 'no arrangements for the acceptance of surrenders from scattered commands owing to the Lukbans threat to:' kill all who communicate with the Americans. The blockade is causing a terrible famine in the interior. Generals Hughes and Smi'th have arrested 200 head men in Samar and Ieyte on sus picion that they were conspiring against the' Americans." . . i Governor Beckham Writes a Hot Letter .wornnr !:n.',rkSn 'Pknni nui - uui uiu uuai gcu with Violating His Oath - of Office to Protect .Criminals Frankfort, Ky., Nov. 11. Governor Beckham today mailed a letter to Gov. Durbin, of Indiana, in reply to the lat ter' statement in regard to his refusal to honor the requisJrioai for Tiayloi-- and Finley, who are under Indictment and wanted an Kentucky for "the Goebei murder. Governor Beckham is incensed over Durbin's stricturies, and in his let ter gays: ' . - .. , "Your refusal to honor the reouisi tions some time ago sent yon by me, asking for the extradition of W. S. Tay- j lor and Charles Finley, fugi'tives from ' justice from this state, charged with j being accessories of the murder of Wm. Goebei, was not unexpected, but the remarkable letter with : which you ac companied tbe return of Ithe papers was indeed a Surprise to me, and I sin cerely regret the necessity of this reply, It is true I had been reliably informed i that vou had incurred camnaicn obliea- the office. You are at least entitled to Political Brigands Prison 4 Problems Discussed by Men Who Are Deeply Concerned on the Subject : Kansas City; Nov. 11. Interest in the Congress of the National Prison Asso ciation is increasing. . The ;session this morning at the Graml Avenue Methodist Church was well attended by laymti and by women who are interested jn prison work. ' Only routine business was transacted by . the congress proper, the wardens' association being given the right of way on the program. . -- In his annual address. Otis Fuller, president of the wardens' association, scored ""political . brigands and ward heelers." Mr. Fuller is the superintend ent of , the Michigan reformatory at Ionia. He said: "I refer now tothe political brigandage which is still preva lent in a few ' States, . the brigandage which ruthlessly seizes, not only the prisons, but all the other public insti tutions, and holds them lor political ransom. Honest, efficient, wise and hu mane prison management cannot reach" its highest stage of development until the outraged tax-payers and the. humani Down Pour Stories from a Back Window : . New York, Nov. 11. Richmond Mayo-. It is a room in which he spent a great Smith, who had been professor of po- deal of "bis time. A .few minutes later, litical economy and science at : Colum-' a'rcordi1nS i the xormation given ' to bia University for fifteen years, was killed tonight by a fall from a rear win dow in the fourth story of his home, at, 305 west 77th street. The police re ported the accident. He had been feel-, ing Indisposed for some time, and --'at his home it was said his condition was that of s man bordering on jnervous prostration. He had not filled his du ties at, the University for'several weeks. Prof. Maxp-Smith, spent this afternoon at his home. A out 6 o'clock he Jold his wife he was, feeling ill and was going to the library on the fourth floor to lie down. She answered ilhat a short rest would probably do him good, and assured him that she would call him when dinner was ready. The Professor-went up to the libra ry, which is : in the rear of the house. Proposed Divorce Atlanta, Nov. 11. A bill introduced in the Georgia legislature by Represen. j t a live Thomas of Piei-ce county, seel; I to absolutely abolish divorce cases in this state. The bill is short and sweep- j ing and does not admit of any nwsrep lesenfation. Its text is as follows:.. ,?Be it enacted by the Gcnerar Assem bly of Georgia, and it is hereby enacted by 'the authority of the same, that from and after the passage of this fWt there shall be no more divorce cssca iu Geor gia fo? any cause. ' of having f.nltlitmiy camca out your reputed agrecment.with theiji. however. much, in. do.ug so you have vio lated your oath of office mid brought discredit, upon the higa office you hofd. "But even with this understanding of your, embarrassing position, cojifrouryd. as you were. ou ithe one sid": by tti7 law and justice and on. the other side by a miserable -political , bargain," I coul'd not lIieve that yon would sorfar frgtf: tit dignity" and" obiigatidns of; your,1 oftic and the ' courteous, rela t-ions 'that exit among the "diief cxecntives:of the; va rious states as' to go out of your, way to offer 'grntuirous ' insalt!fto 1 the people of Kentucky and cast a rellection upon the courts and public officials Jof tho state. i- :;:.v: -i ' : "If'these slanderous charges had come from yoai as an individual they would be treated wilth; th silent contempt they so justly -deserve, but as theyfcom from you a , the governor of a great state, .1: shaM not; hesitate to hold you up to public scorn and show how unjjtt and unfounded are the wilful and inex cusable niisrepresenitatkms in your let ter."' . - ..-." ". Governor Beckham quotes from United States constitution and supreme court decisions, showing that a governor lias no discretionary power in uch a matter and "shall issue the remiisMon upon demand." He says Durbin; vio lated his oath when he " refused the requisition. ' In concluding his very caustic letter Governor Beckham says: "The brothers tar.d friends of the murdered governor simply demand ithe -punishment of those who conspired to kiH.him. No political 1 j v : j i M .... nuamagc iuuiu ue itciiiicu vy any oiTrr or any party In convicting the two self confessed criminals now. basking in t"h smiles of your protecting care." and Ward Heelers tarians take take the ward-heeler . by the throat."" , . . .. . Warden' Garvin, of Connecticut; Gen eral Brinnahoff, chairman of the Ohio State "board of charities and corrections; A. W. Butler, secretary f the "Indiana State board of charities, an4 S.Jp. Storrs." secretary of j the Michigarf , State board of charities and corrections, participated in-.the discussion that followed Mr.. Ful lers -addBees r" All-ta greed that in the, management of the penitefltTaTies prigoais and reformateries,'-poljtios shoufd." "be-. eliminated,1 aiiddenouncfid . the 'vfee" sy-" terns in vogue 'througliout the country Charles G. Baker, assistant superin tendent of penitentiaries of - New York State, reported the progress of the Ber tillon system ' bureau connected with his office. One year ago at the Cleveland meeting the wardens agreed . to con tribute to the bureau and, Mr. Baker called many , of them to task for not complying . with, the understanding then had. There are. now 44,000 cards in the buerau, said Mr. Eaker,1 and the mails are- increasing the rnumber frttti 800 to 1,20a a day. '. H. F. MiMs, sales agent, for the New York penitentiary, , told of the success of prison labor in the penal institutions of the Empire State. "The product last ear," said he, "was valued at" $500,000 and the earningsvwere at least $60,000.'.' There are no prison contractors. vThe goods 1 are furnished to cities, .counties and townships for use in public institu tions,' but not to , private parties. The system in no way interferes, said Mr. Mills, with free labor.. . . luc jounce iue uuiifi, raui vjrouerc, saw his master's body falling down past the rear window. Dr. . Mendelssohn was called In and he" said the professor, probably died in stantly or' almost 1 immediately. .-. The police did not learn of Prof. Mayo Smith's death until after 10 o'clock to- uigui. ieieciive ioiionuc, ui me vesi C8th street' station, went to the house. He was told the professor's headth was undoubtedly an accident , Prof. Mayo-Smith was born in Ohio in 1854 and graduated from Amherst in .1875. - He was an honorary -fellow of the Royal Statistical Society : of Great Britain and a member of the National Academy of Sciences. He was the au thor of several works on economic sub- jects. He had been professor of econo mics at Columbia since.1878. Reform in Georgia "Be it further enacted, tfhat all laws und parts of laws in conflict herewith and the same are, hereby repealed." . From conversation with members " of tho House 'it is safe . ot predict that the bill will. not pass. ,A rynia'.l percent age of representatives would favor. the bill; others believe that divorce should be: -granted for a limited number of canses, and still others that, even should the bill become a law, it would not accomplish ifspurpese. . Its author is deeply impressed witb'lhc righteous uess of his measure, " . - .
The Morning Post (Raleigh, N.C.)
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Nov. 12, 1901, edition 1
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