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j ' i ' : . .(.;'' " . - : . - ' . : - . rri i at For North Caro lina: Fair, with frost. Temparattire for 4 the past 24 hours: :78;Min.48. Vol. XI RALEIGH. N. C. THURSDAY, AIRLL 9, 1903 No. 108 ; : : -i , f Crai Validity of the Act at issue i I " i in the Allison Case Which Was Appealed From the State Courts Washington, April 8. The validity of the Craig act, passed by the North Car olina Legislature of 1899, which re quires foreign corporations . to become a Act Ara domestic corporations and provides the , the Craig act.' This is the general cus manner in which they shall do so. was torn of the court and no special sig- ' Kofnrn l-itt ourti-oma n-n vfr tt tHa - . . . . - , , . .. . . . ..wi , icw.v. nmcance' is auacnea to n. uui tne I'nited States today,- The case at issue court evinced a decided interest in the v. as that of the Southern Railway vs. North Carolina case ahd listened at Joltn H. Allison of McDowell county,' tentively to the elaborate argument who brought suit for damage in the;made by both sides. Every one of the etate court as the result of alleged neg- justices present had a series of ques- ligence in an accident. firms tr tirnnnnml mnnv nf TOlrVi wot-o The question ; of jurisdiction -T is" the: one which Involved the constitutional!-; ty of the Craig act. The railroad, sought to transfer the caseto the fed-' eral court, alleging local prejudice and inability to secure justice In McDowell cfcnty among other things. . The rail- road, having complied with the pro-v visions of the Craig act, the defendant claimed that the state court had juris- diction. The ground of diverse citizen- ship and local prejudice, it was con- by the supreme court of North Caro tended by the railroad, nullified the ef- link in passing upon the questions In fect of the act so far as the jurisdiction cf state courts was concerned. On the other hand it was contended by Mr. Justice that a. railroad may be a cor- and material features of that case with poration of two or more states. He reference to the one at issue had been maintained that domestication under ignored. the Craig act chartered and did not Justice Harlan's question was direct license a corporation, and that when edf for the purpose of ascertaining sued by a ojtizen of the state it was whether or not the Craig act was in subject to the jurisdiction of the state violation of the interstate commerce courts. :. '..r ..." laws. Justice White's queries referred The hearing was before seven jus- to the right of a state to compel for tices of the court, the two absentees eign corporations to become citizens being Justices McKenna and Day.. The of . the state and comply with its laws argument w;as opened by Colonel W. A when they entered that state and Henderson for the railroad, who was sought to do business there. A number followed by Mr. E. J. Justice -for the of j questions along this line were put defendant in error. Mr. F. H. Busbee to Mr. Busbee. ; "X- a lie Presjdeht for Two He Will Spend the Time in Yellowstone Park Various Camps Are ti Be' Vis- ited and Trails to Traversed Cinnibar, Mont., April 8. The presi dent has gone up the Yellowstone park or his two weeks fun. There is every Indication that he will have every ;"op . portunity for enjoyment. Trails have been broken through' most parts of the park.' He will make' his headuqarters tt a camp not verysfar from the army post at the Mammoth Springs hotel. Other camps have been established at different points in the park selected for the frequency with which various torts of game appear in them. With John Burroughs the president will visit nil of these-camps for several days. Two weeks from today .he will, come tack to Cinnibar arid lead an excur sion of all of the rest of his party, row living, in the special train on, a. Cinni bar siding, through part of the park. The president - reacheu Gardiner, vhich is three miles from Cinnibaj-imd Inside the park limits, at half past 12 D'elock today. Major Pilcher of the jhird cavalry and Captain Letcher of Uie engimeer corps were there to meet him with 'a troop of cavalry and sev eral ambulances. The president ad dressed the populace who had gathered to the extent of a hundred - or more. Including a noisy squad of cowboys. He then mounted a horse iand headed the- procession up the trail into the jnountains. An ambulance following tarried Mr. Burroughs, and he in turn was followed by another ambulance in which were Dr. Rixey, Secretary I. neb, tx-Senator Thomas Carter, Assisant Becretary Barnes, President Mellen of he Northern Pacific and some other Sfficers of the Yellowstone Hote Com pany. They all lunched at Major f'ilcher's house and returned to vmni--.bar. . v . '" - , ; V All except Mr. Loeb and Mr. Barnes, boarded Mr. . Mellen's private car on iheir return and went back to Livfn'g (ton. Surgeon General.-Rixey will go Oirectly to Washington and resume his tegular duty for -ten days, coming back here to join the president April 24 for ihe rest of his trip to the Pacific' coast. The presence of the president's party has nearly doubled the population of Cinnibar. It is a little town on a flat between two ragged backed, snow top ped mountain ranges. The Yellowstone -iver runs down one side of the valiey, Bnd sage brush, two saloons ahd a to-called frame hotel and four or five cabins make up the rest of the land scape, The party has both telegraph and telephone communication with Ma jor Pilcher's house. This has been- the warmest day the Cinnibar flat hss known, for nearly a eart Sfiirt slee'yes have been com- ueci G our submitted the concludinsr areument for the nlaintiff. - The arguments were technical from a legal standpoint, dealing largely witti: iium icueiin tuun ueuswiia ,,lul apci t tae3 aivoivingisiHuwr uuyauwuB. iearnea memoers ul u ult uau uiiiw-uiiy a nrMvis an understanding of the facts involved in the case, which were agreed upon, and they fired a volley of questions at the attorneys for the purpose of ob taining light, especially in relation to the opinion of the supreme court of North - Carolina' in this case and as to technical. Chief Justice Fuller" and Justices Harlan. White : and Holmes were the principal cross-examiners, The staid members of the court were smiling on several occasions. Brinci- pally when Mr. F. H. Busbee was inter- jeeting pleasantry with reference to railroads and the courts. ' One of the first questions propounded came from Chief Justice Fuller, who wanted to know if the James mm wj mnsirtwd vo Mr. Busbee replied that quo- tations from the James case were given, but In his opinion the apropos put veeks of Fun fortable in the sun; but two horses were killed tip in the park yesterday in the effort to break through a trail for the president. , Animals for Filipinos Manila, April 8.-"-Governor Ta.f t has planned for the expenditure of $1,000,000 of the $3,000,000 appropriated by Con gress for the relief of the impoverished provinces, in the purchase, transporta tion and immunization of farm animals which the recent epidemic of rinderpest almost exterminated" with the result that agriculture has since been practi cally paralyzed. These animals will be distributed by the , provincial officials at cost after they have been immunized at the government farms. j j Mutiny in Jail j iDenver, Col., April 8. The police and fire departments were called to j the county jail today to quell a mutiny Pour prisoners, armed with revolvers, overpowered Guard Murphy and se cured hl3 keys. One shot was fired at Murphy, but he was not injured. 'Be ing unable to open the outer dobrsv the prisoners surrendered. It is not known how they obtained the weapons. . j MOODY MOVING V He Will txtend His Trip up j the Mississippi 4 Washington, April 8. A telegram re ceived at the navy department today from Lieutenant Commander Storey of the dispatch boat Dolphin, at Cape Haytien, gave rise to the belief that Secretary Moody, Postmaster General Payne arid the public men who iare cruising in the West Indies on khe vessel intend to make a trip up the Mississippi river before returning) to Washington. It is surmised that they will go to St. Louis to attend the dedi cation of the Louisiana Purchase Ex position April 30, . when President Roosevelt will be there. The telegram directed that charts of the Mississippi should be sent to the Dolphin at Pen sacola, Fla. - j The Dolphin left Cape Haytien today for Mole St. Nicholas and Nipe, Cuba. ARMY GENERAL STAFF I Washington, April 8.-An order "was issued at he war department this ev ening, by the secretary: of war organ izing the first general staff under the recent act of Congress. The board ap pointed to recommend officers fpr de tail to the general staff presented its report to Secretary Root, and it was immediately approved. This board con sisted of Major General S. B. M. Young, Major General Adna R. Chaffee, Major General John C. Bates, Brigadier Gen eral William H. Carter, Brigadier Gen eral Tasker H. Bliss, Brigadier General Wallace Randolph, chief of artillery, and Major Henry A. Greene, The law providing for the staff limits its membership to fleers with rank below that of general. brigadier f , ; rerUV If! th NaVV- - . . - n. j Washington, April 8. At the request oi tne Peruvian government acting becretary of the -Na-y Darling has granted permission for six iraduates of the Peruvian naval school as midshipmen in the United States navy Peru will bear; the eipense of tbeIr maintenance and instruction. Ap- plication was made in behalf Peruvian cadets, but the navy depart ments found that it could not provide for that many. STRIKING A CR Drastic Legislation. Holland States Gen ME .1 ' in tne eral The Hague, April 8. In ti e second chamber of the states general, today "the debate on the anti-strike bills was resumed after a vote in fav :r of re ferring Holland's claim agair st Vene zuela to arbitration had be n taken!. The House was rrowded arid great ex citement orevailed. members demanded a suspens on of the tary groups will easilyjbe dispersed debate and a tumultuous s;ene foli if the government forces regain pos lowed. Jonkher SchaDer denounced the. session of the capital. attitude of the majority, as kravery. j The chamber finally rejeetcd the pro position of the Socialists and resumed the debate on tho clause of the bill which makes it a criminal offense for an employe of the state railroads to go j on a strike or to prevent any other .per- j son from working during a strike. j At four o'clock the second i chamber adopted the first criminal clause of the anti-strike bill, regarding violence and intimidation, by an overwhelming ma;- jority. PHONE TO STRIKE Coal Miners in a State Of Dissatisfaction Mahanoy City, Pa., April 8. Presi dent John Mitchell is greatly alarmed by the numerous strikes that are oc' curring throughout the anthija-cite re- glon,'and the unrest and dissatisfaction that seems to prevail among the men. Today he sent orders to his lieutenants to make an effort to placate in some way and to induce strike to return to work. the -men those on. This evening representatives frojn thirteen collieries in the upper part of Skuylkill county, representing between 12,000 and 13,000 men, met at IMahanoy City for the purpose of abating the numerous dissensions and strikes that are occurring at the collieries daily." ; The plan will be to appoint a commit- tee to visit each colliery wher there is any trouble that threatens iti be of a serious nature, and to bring about a compromise if such a thing is possible, A TEXAS DEFAULTER A State Official Sho Missing t Austin, Texas, April 8. The state board of penitentiary commissioners held, a meeting here, today and discuss - ed the subject of the shortage of A. S Busby, former assistant financial agent of the penitentiary system. It will be some time before the investigation of his accounts is complete. Ill is said the shortage will exceed $100,000. Ev ery possible effort is being biade to I effect his capture. It is repotted that.iridl- he was last seen at Mobile, Ala., where tie IS Deiievea lo xia.ve ca-ugiii. a. iruu steamer and gone to Honduras, with which country the United States has no extradition treaty covering the of fense with which he is charged. . . .... a m. L i i BUST OF WASHINGTON Proposed Gift by Three' Nota- bl Frenchmen Paris, April 8. A committee has been formed, consisting of Marquis De La- fayette, the Marquis De tirasse ana Count De Rochambeau, descendants of three notable figures in the American Revolution, ' to offer a bust of Washing- ton to the United States It will be a replica of the famous bronze bust by; David D' Angers .which was - - - Washington, but was destroyed by fire. The daughter of the sculptor has placed at the disposition of he com- mittee her! father's original plaster; casts from which the new bronze' see tions will be made. A public subscription has been open-j ed. The Count ue Rocnamoeau chairman .of the committee. Another Raid in Dunam Durham, N. C, April 8. ! 'pedal. Last night, or rather betwsen mid night and day this morning, Deputy Collector S. P. Satterfield and posse captured another illicit distillery in this county. The capture wits made about two mile3 from Galveston and olcrVif rr nlna mil frnm .'TiirMfm Tho'thp mill eate. but nnlfp wcrai nn handser. J. H. Holt still was aicopper one of about ninety gallons capacity. Six hundred gallons of beer was poured but and te stands, rnt fl(vwn- Kr nrrpst. was irnr a c i ' 'moonsWner-hacV-eone to his icone: Ki recorder, fore the arrival of the revenue offl general eers. There were stands for two thou forty of- sand? gallons of beer, but the run was neariyxthrough, and. this accounted for : there being only six hundred gallons ; o:i hand- "This makes five stills that 'have been destroyed in this county in 1 less than, two weeks. VASQUEZ AT THE Date Three Revolutionary Generals Killed in Battle Cape Haitien, Hayti, April 8. A spe cial messenger of the government who arrived yesterday at Cotuy, Hayti, from Santo Domingo announced that three thousand Dominican government troops are at the gates of San Domingo City; that they have captured the su burb of San Car!o3, and that three rev olutionary generals have been killed, including Perico Pepin, one of the principal leaders of the revolution. President Vasquez was preparing to Qn the ground of sickness of oneof attack San Domingo when the messen- the witnesses, J. M. White, who is par ger left. ! j tiallyj paralyzed, and the absence from The inhabitants of the districts of; the state of Jjlia Roper, a trained Monte Christ! and San Lorenzo de Guayubin, Santo Domingo, have taken up arms against the government, but President Vasquez believes the revolu- KING OF YAP A GfiOTgla Man LeaVeS , , , FOTtUnein the PaCITIC " Washington,; ' April 8. The United States naval collier Justin left Cavite , today for the isle of Yap in the Caro- i lines, taking as a passenger Mr. Hart 's ridge, a Savannah attorney, who iep-' resents the widow and daughter; of JDa i vid O'Keefe, an American mariner, bet i ter known as King O'Keefe of the Isle of Yap. O'Keefe, who was the princi !nal chief gmone the natives in TaD. j was reputed to have left property val-. j ued a., more than two million, dollars, and Mr. Hartridge will claim this, if it exists, for Mrs. O'Keefe and her daugh-i ter, who live in Savannah. No regular steamers ply between Yap and the out - side world. After trying in vain to get a vessel to take him there Mr. Hart- ridge, through the efforts of the Geor- gia senators, secured the use of the Ju3tin, TRAIN WRECKERS . Southirn Railway Detectives 5 on the Trail of Two Men' Charlotte, N C, April 8. "Special. The train wreckers who succeeded in derailing No. 7, the Southern fast mail train, one mile below Blacksburg one week "ago today, are known to De- j tective Haney of the Southern Railway. j The evidence pointed strongly to the ' guilt of two white men who reside near the knitting mill at Blacksburg. Mr. . (Haney and another detective of the and' outliern wetn to tn? homes of the iwn iiu were suspevieu ttuix tusuci Lti-in- ed" that they had gone. As. soon as these Iwo men learned that the cause of the wreck of No. 97 was being in- , vestigated they became very nervous, ' ana in more than one instance display ed some knowledge of the affair. .The Southern refuses to divulge the names of either of the men who are suspect ed of the, crime. A minute description of both hfts been sent out, and if pos- . 1 1 i - f -..41. ; Tl 1 I 4.1 - EiDie U1B i,uuu,eui V1" UI"s lue,i:w ? : STATE GUARD SERVICE Important Ruling Made by the Secretary of War Washington, j April 8. The secretary of war has issued a circular in which hestates that an enlistment in the army does not operate as a discharge from the organized militia or nation- al guard, and a member of the national guard in his state who enlists in the regular army repudiates his engage- ment in saia state troops, ana Dy so doing becomes and remains liable to such penalties! as may be authorized ty the laws of the state in whose mil- itary service he has been enlisted. The circular directs that men who present tremseives ior; eniisiineut in tne army ,.hali be interrogated as to service in . .he national ga and in the event that they have served in such state troops they shall be required to present satisfactory evidence that they have I been honorably discharged therefrom, be reiuseo. i -i. Lawrence Mill at Work Lowell, Mass., April "8. There was no trace of last night's disturbance today when the Lawrence hosieryvmill open ed as usual. The ring spinners went to their work with the other opera- lives, numbering about three thouennd , in all. Some Greeks had gathered near ! to prevent any trouble, and there was! no demonstration. The board of ar - titration will jmeet.'here tomorrow to i rvpstieate th d strike and th dismitf ! Icadins to it- ' Trial)f Tillman Absence of i Important Wit- nesses Alleged as the Ground for Applica tion The Judge Cr ticissd Columbia, S C., April 8. J. H. Till- man this was no arraigned today. Before point In the proceedings was reached an application was made for , a continuance a; id was granted out of hand by. Judge KlughxThe defense seemed to have vidence lastxnight that this jwould' be the result of , their ap plication. The continuance was xasked nurse and near relative of Tillman. White's affidavit was that a man said to bd N. G. Gorzales, but unknown to : him, j remarked tb him two days before the shooting that he had made Till man show the white feather and would do so again. Miss Roper's affidavit is that, while ; . in her official capacity of trained nurse j and administering at the death .bed of Mr. Gonzalesh uncle last June, she heard Mr. Gonzales tell his uncle that ! j he wjsuld make Tillman show the white j leainer. jviiss itoper nas Deen aDseni;tam to nave tne same erreci as in from the state, but of the way of pro cess pf summons as a witnessx.No ef fort was made to secure her attend- anceJ. The judge did not inquire if the. wit nesses could be expected ' 'at the next termJ White iti is a paralytic. The ! prosecution offered to admit all that the absent witnesses had sworn . to. The defense said both wished to give new evidence; that Miss Roper had told ;her relatives she had some new evidence.: The continuance was then granted. The proceedings and arguments last-J ; ed a considerable time, this morning and he cmirt room was crowded with interested SDectators. The Drisoner ; was brought ub from the jail in a closed carrine bly Sheriff Coleman, and i came! . into court accompanied by his uncle. Senator Tillman. The two seat- ; ed themselves Jtist back of the solid tor. The prisoner looked cool and un concerned, but the effect of three months 'confinement could be seen. i Immediately upon the calling of the ! case Colonel Croft, for the defense j moved for a continuance of the case j on the ;ground jthat two of the most important . witnesses were absent. So- ' licitor Thurmond and Mr.x Crawford both !objected upon the ground that the ruie. of court in regard to asking for a continuance had not been comr-liedJ vithJ The state had not been. furnish-1 ed vith conies of the affidavits, and i the affidavits. If submitted, should set there were that would i Iforthj what facts be proved that would materially aidand that their absence Is not for the the defense. The defense at once sub- mitted another affidavit from Colonel Croft, stating that Miss Roper would testify to further threats that had been made against the defendant by Mr. Gonzales and tfcat White had oth- Turmoil and i n Repu bl Slate Mak ng and Slate Going on at Breaking ! Griensbero Rollins V tor Cha r man Los Ground ing Greensboro, N. C, April 8. Special. A great many pjrominent Republicans from all over the state are here to and all evince the deepest inter the meeting of the state cornmit- ; night i est in! tee tomorrow, The hotel lobbies are crowded with office holders and other. politicians who ak e discussingthe stU' ation, while a Half dozen rooms are filled with as raLnjii engaged in earnest caucus Slaaesfare being made s u ch x ra ptdi ty as to -1- and broken with give tise tothe belief that there will rfce arJ upheaval before the meeting of theeecutlve corhmittee is over. A member of the committee said to night! that no man Could tell what the j reSult; would be. Elements which have ' before lain dormant are making them- ! selves felt, and A big row may be the ! result. It is evident that the machine great travail and la bor, and some of those who nolo: iu crative offices ate" trembling in their toots. Much of the talk tonight is centered around the selection of a man for na tional committeeman, for which posi tion there are a number or aspirants. Those whose names are most promi- nently mentioned in this connection are Blackburn, Judge j ex-Congressman Robinson, Judge Timberlake, ZebWal- B. F. Mebane and James N. Williamson, Jr. vTwenty -Ala jmance Republicans metionight and 'launched a boomj for the latter, and it is said that he WiUiiave some strong Support In the committee. A metabe GontinuedTill July er facts to bring out as to th con versation with Mr."Gon2aJes. Mr. Nelson, also of counsel for th defense, then stated" that they i had; tried in every way possible to secure these witnesses and that their, absence was unavoidable. ' He also thought ths state had been advised as to what the testimony of those two witnesses would be, they having seen copies of the affi davits when the application for bail was made. White's affidavit was read, ''it is to the effect that he saw a man, who h was informed was Gonzales, talking to Richard Holzenbach, and after a lew minutes conversation wnn mm simply turned off. The affidavit con tained a statement of the conversation. White said that he had been with Gonzales the day before the shooting and described the position of the men at the time of the shooting. MIis Roper's affidavit was also read. It is alleged that she, while nursing Captain Elliott in Spartanburg about two-- years ago, heard MrGonzales remark that he had made JirhTillman show the white feather and would do so again. Mr. Nelson saldthere were further threats which -Miss Xioper would tes- .... ...... . . ..- . uty zo ana nac snev Iva so n"nea members of Tillman's family, Colonel Croft pointed outthat the defendant was now in jail andthat if the defense' was forced to submits the affidavits as evidence It would be eer- personal appearance of the witnesses.' Judge Klugh, in continuing the case, said that while undoubtedly the tech nical rules of the court had not beeri complied with, In a grave case of thii kind the practice is not binding. In order to arrive at the facts in a case the jury must determine upon the cred ibility of a witness, and in addition to this the affidavit of Miss Roper sets , forth that there were further threats which the witness would testify to, and these might hot be set forth in the affidavits. Therefore , the. motion for a continuance was granted. Solicitor Thurmond asked that the I nrisnncr arrulirnpfl tar, trial nv- ' how. but the iudee deoldedthat this j would not be of any special advantage either to the state or the defense In this procedure. The case was then j closed and shortly aftr the prisoner was taken back to Jail by the sheriff. Colonel Nelson said that an appli cation would be made for ball and that the defense : would be ready for trial at the next term of court in June.., Tillman's restlessness in jail being well known, the application for post ponement was a surprise, as there is no chance for obtaining ball. The ac tion of the judge in grantingrthe con; tinuance in violation of the rules of the court in such' matters, which are s mn?ent stringent here, is occasioning much comment. The rules require evidence to - show that the witnesses are abso- lutely . material, that . every effort has been made to reach them, that . they would be produced at the next trial. purpose of delay. Although It was stated that Miss Roper was at a cer tain hospital in New York it was ad mitted that no effort to get her here i had been made. A notice of subpoena j was sent to her home in Spartanburg Trouble ica n Cou nci is of the committee says that Judge Rob inson is still In the - lead. It seems to be settled that Rollins' will not be made chairman though events tomorow may again turn the current in his favor. Tonight C. G. Bailey, who is on the ground, appears to be In the lead, whileihe friends of Maj. Joe Alexander say he has a good showing. -There lsagaln talk of Zeb Walser, and his -name may be presented to the committee. No News is Good News Loncion, April 8. Perhaps the most significant fact In connection with the Balkan situation is that there has been no news of cardinal importance re garding it for some days. Reports of conflicts between Turkish troops and Insurgents in Macedonia grow fewer daily, and the alleged success of the sultan's pacificatory mission to the Al banians is practically the only new hap pening there. Mill Strike at Fitchburg Fitchburg,- Mass., April 8. The power was not started at the Park Hill cotton mills here today on account of the strike of the weavers and loom fixers in mill C, the weavers in mills A and B having been out since the middle of last month. r all 1,200 cotton mil? employes arenow out of work. Thr weavers tif mill C objected to doing work left unfinished In the othtr mlllf by the original strikers. Orange Presbytery Greensboro, N. C, April 8. Special. The spring session of Orange Presby tery will convene in Mt. Airy tonight. Several Presbyterian ministers and lay mwi left Greensboro this "afternoon t be in attendance. The Presbytery will be in session throughout the remainder of the week. ; ? 1 X I V X i V
The Morning Post (Raleigh, N.C.)
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April 9, 1903, edition 1
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