EIG
EVENING TIMES.
a-
s ale: on, k. c, jickday, crcEHim ii, iss
V w w -
PEONAGE EXISTS HERE, Mil ACCEPT
lili EE COXIIWED
TILL. HE- STOPS
INVESTIGATORS
REPORT ON DISi L.,...
SAYS JUDGE PURiNELL HIE CilMMGEp" '3-f;
7
X
Ten-
USD JOB! TOLO '
10 EKFQBCE- STATUTE
tw Mnii' ft nm mt FrAval Wrt
(r V ilk SraaarieMaal Clverge by
Jaftlg , l"narll larac tlatare
Mad t'onnu IVwT l"r CUr4
la Ihr f HHt' TwIaay.
T1i t'nl'.rd fUalr LMatlio Court
mr v:nJ this montiiig for tw weeks"
Utm n4 Judge Tbecnaa R. IlirmUl,
lu f battle I he srtnd ry. laid down
the taw oa eon (a and ft Mart rd that
thl In volant u y sarMliid eitated to
h 11 aitrtit la It l dlatrkt.
eotta?. Involuntary servitude, lbs
)utir dtclai4. was a violation of tb
i-onstltuUnnal arae-ulmcnt, and statutes
luumt thereon, avoided fta-tt I""
hlbllloa at slavery. Wine then there
(w!T btx-n acta perd bf certain auyea.
atnunt th nnmlr North Carolina,
hkh r In direct violation of IhU
law.
IVonag In Thla Mati.
Judge ruinrll aaeerted that the
lam'.loi J nnd tenant art. passed, ha be
lieved, -by 1 h Legislature tt thla Blata
. In 9ei, tame umlnr thla head. .The
1'nltcU State law U that whoever
there la a debt, no matter how con
tacted. It mat tori nut whether It la a
jiurt One or court, coat?, or bth. and
the defendant, bring unabla to pay, la
hired out to another or Inude to work
out those coat for other, he la vir
tually made a alava tor auch a tlmo
and that Is pfimae. -
. Two things,' Jud.fo Purnell twneatrd.
"poKiiBRCrfiBre'niunt be a debt;. co
oihI; thc.ro' must bo aomo means n the
' magistrate or other xourt whereby he
..a madoHa' work' out that debt tinder
- contract. ' -'i !" ;
.-, uljlc linows the 8(n(utc
- Then bo Judg recfted the origin of
" reciot lnurest-In "Jhis mutter. The
first caae came, from Florida. A 'man
una acntqneed to pay a fine and court
coi;ts. lie waa unable to do bo. Ho
.was hired out tq a saw mil! man in
Georgia. For some cause he ran gwdy
and returned to Florida. Ills muster
went then) to gtt legal proccas to .bring
him bach. Tho court -held that ' ho
could not for the man waa working
In peonnge. The hifiher court uphold
this., .Tlil? was the first time that a
tout Ion was called to the lawfor It waa
pasxed niftltily for New Mexico and the
SOUthWCSt. .
l'irst Cuse Uador Tlita Law.
nut now that 4ho law t khown and
has been interpreted. It Is encumbent
upon the Federal Judges to fllrect the
attention of Jtrand Juries to it and the
dut of grand jurlaa, now that the peo.
pie are Informed oft the mattor, is to
enforce the lnw.
, Tho remainder - of the Judge's
thargp waa an exposition of what
constitutes crimes cognisable In tho
Federal court Ho enumerated coun-
terfoillng coin; printing, even adver
tising" in the' form and Jikeness. of
United States Treasury notes; viola
tion of the tariff laws, the Internl
revenuo laws, and tho , statutes , gov
'erning the, Postoffice Department.
."Clnp.Trap.and1 pemagoguery." ..
1 "The - clnp-tran and deuiagoguery
and manifestation or supreme Igno
rance by '-Some speakers i and some
newspapers1," said the Judge, "o;
conflict tetweon the State and Fed-
.v era! courts Js what I have designated
It. When properly administered there
can be no conflict.
In ' conclusion Judge Purnell cau
tloned the grand jury that he would
severely 'punish any attempt of an
v ; outsider to Interfere with the grand
Jury.' Thia interference, he said, has
'' beeif attompted in both , the State and
Federal courts and such practices
. must b'jjbalt -with strongly for jthoy
.. ' would" pojsoh the. very fountain head
of lii&trW ,ur r i-v k ,
sf y -
'Lirniiii. jurui
n
i.yt. . 4 '
, grand
Icde
ury
- "o . r ; 1 1
drawn:' difian'1 IcClaTn' J. W,
i Moore. "Jadt' C. Winston.' George W;
Stale U:2!or4 21I
ant Act Violates
S. Law
.Sherrintjavld C. Bell fWojpd),
, , Rnfus HarfHArtorjrMB q,.,
, . Williams, Willihrn 'Clayton, J,' 13d
. " wards, W. J. Blanchard, K.: H! Par
i Iter, H. W. Holland, C. H. Wash-
- lagton, James W. Mangum, J. A.
- -'- ' Satterwhite (colored), J, T. Sharpe,
' . - Jr., C. W. Richardson.. . '
. . . . Ernest Raines, of 'this cdunty, was
', madooremnft
: " (Continued on page two.J
RESOLUTION LN
BEHALF OF JEWS
the Itamtaa
nwid. Tbat IK Hmm 4 pa
anttatttve r4 Um lt4t ia4t. itat
iain.M 4n4ra ( tmt
trlM, taa brwtaJ ratf-t !
tnliij far ana aanloa nm'H'-f .f thf
Jut, ana bry wrSmvn aM -muim-
thiw ovtiafv. Iha aHMBin4
irit-ri""i an 4 tluaa aiiallltig atr
rlttra aa (raat lulamat luaal rt
aaaiiiat a rem buiaaiiKy thai moat
at'ipl aaa atujn l qukkty by tb
Ituaalaa Burvmaaral. atbataiaa t'.GBala
la thf a:ilnttiu vt mankind HI aal
Bnuat atand Itdtrtad brf tha Judf
tnant bar uf tbe wmld ai btyuud th
ttt H clU'luCfin "
PACKERS' CASES
TOMORROW.
(Uy til Asaortattd rrsa )
Chkao. 11. The caaM
apalnst the bpof parkers w.te not
caltod to-day In the I'ultod Stales
court, but will be heard to-morrow.
The Vro.dlns.i will not b In the
aalara of a formal trial, but will be
ko establish certain farts which the
packers have set up, and to which
the government haa demurred.
The packers have claimed that
they were proruincJ immunity by
Comnilnsioncr of Corporation Car-
field and this tho United States dis
trict attorney denies. Tho ccurary
of the assertion of tho packers will
be tested In tho preliminary homing.
and tho formal legal proceedings
against the men - indlctod will Je
taken up at a later date. It I ex
pected, however, that th bearing to
morrow will bring out aomo 1-mport-ant--
matters connoctod with .tho
prosocntk), of the hacker.
WHAT TO DO WITH ,
N THOMAS F. RYAN,
(lly the Aasodated Preva.)
New York, Dec. 1L Consideration of
what' action, If any shall bo taken by
the district attorney In the coso of
1 nomas tr. Kyan, me capitalist ana
holder of the majurlty bf the stock In
the Equitable Life Assurance Society,
who refused to answer questions before
tho legislative Insurance Investigating
commilteo last Friday, was begun this
afternoon before District Attorney Je-
romo. . ,
STATE MISSION
FUND DIVIDED
The Baptist State Mission Board
met this morning -and' mapped out
plans for next year. It was a large
and harmonious session. J. F. Ray
was elected president, J. .- T. Pullen,
vice president, anu; Hev. H. C. Mooro
recording secretary. The salary of the
efficient secretary, itev. uvingsto.i
Johnston, was raised from $1,800 to $2,
000 for next year. The apportionment
for State missions for i906 Is as fol-
From associations direct J17.800, to
asr-ocialional work 6,350, Sunday school
work Jt.500,, colportage 1500, expenses
$2,250, total J30,oe0. .
: The Sunday school board was elected
a follows: : N. B. Broughton, T. N.
Johnson, W. C. Tyree, C. Hunter, C.
p. loe, R.. N. Slmms, and J. W. Ballev.
Executive -committee of the board:
C. J. Hunter, J.- W. Bailey, N.' H,
Broughtdn, 'W, A Cooper- and J. B.
Ray. v
dead senator's ,
Appeal, dismissed;
; v (By the Associated. Tress.)
';, Washington, Pec.,. 1 1 , On motion
of former Senator: Thirrstoa, ' Chief
Justice Fuller,' on behalf of the Bu-
remo Court of the United States, to
jax directed the Issuance. ot An ordor
idlml88lns'"'the appeal of the,, late
Senator1 Mitthell. in the case. against
ENGINEERS AND
, FIREMEN STRIKE.
f . v By- the Associated Press. 1 v ,
Brunswick, 0.i' Dec. 11. The engi
neers and firemen of tlve Atlantic and
Birmingham Railroad went out on a
Strike to-day. Not a train Is moving
and', traffic, over? tha Une is blocked
completely.. 1
Cc:eo1 Stiilc llilli rcrtj
- LM PLO VES MOWED DOWN
la Uwtli .1..
Mnra 4 rti.a
ICaiat llllf.4
la by rr 4
aaal AnllWj i
t-vtvrd tlir It. ad
l-hKttag WW
Matar X.aaa
l H
tVty thr Aaao .al.4 ITt a )
fX. I'Hrf abbi . mnUj twr
(UiMliU) - la t:dtLuhiMi.
10 -lkai
lodl
TTraarta. I lt-Thti 1 um)
catt( tli la n,"iiilii( lit thr tnv-; n-
aaal' kallrr atll l.r anvptcd. aa4
that lthln ti.ti)-tit houia a -n-il
atrtka throutfhuut lunula Ur
4rr4. A Kntbla (,,' m baa ln rat"'
by lb annat ot M Kruatalrlt. t'l'rt
(Wat vt tha riK ntlvr e."iimiiii of il:
Workmen a l'iut'Wr whlt h aaa f-!
luaed during the n la hi ty I he Iniprts
nmeat of lha mnibor of H oi
man'a Cuum-ll and a mimin i of . ial-
latle Iradcra.
Tha rcMtlitn haa om," n .b5
wotda on every li). iind In thr lllwiri
trmlal camp ttniv aaa only mi
opinion. namrl. that II muat be r-
alated to the bitter end. At all the
meeting last nlRht. mine of uhlrh
lasted until morning, the opinion wti
unanimous that the government l.aJ
forced the hand of the prolatuit't. till
that the puprrino eon. a gwici
strike, must be invoked.
The nrwapMpcr editors at yeater
day evening's meeting derided that th
temporary vireas law forbidding the
discussion of vital uuestjons affertlug
the welfare of the nation violated the
principle of freedom ot speech and of
th press guaranteed by the Imperial
manifesto, and that It muat bo defied
Th result waa that the editions ot
th ttus and half a doaen more radi
cal papers were conllscaUd.
Tho employes of tha It!ga-Orel Rail
road have declared a atrlko on ac
count of the dec Inrntion of martial law
In Livonia, anil have sent an appeal
to the other ru-ids to Join. Last night
the railroad men of the Baltic Unes
decide! to follow the example of the
RigaOrel men.
Mowed Down by ArtilliTy.
Tho situation In Livonia Is frightful
Absolute anarchy prevails. A messen
ger who arrived here this morning de
clared that the streets of Riga were
flowing with blood. After a meeting
the railroad men of Riga were mowed
down by tho fire of machine guns and
artillery.
The railroad men of St. Petersburg
At a meeting, yesterday evening resolv
cd that "Inasmuch n ths reaction .is
gaining force and the government is
seeking to retract what was won by
the- first pan-Russian strike," the rall-
road men stand ready to obey the sig
nal for a general strike, but advise
their follow workers to await the word
from the central committee at Mos
cow, as a failure must not ba risked.
Simultaneously with the arrests here
M. Dronshllmy and all the members
of the union of the employes of ths
post and telegraph operators of Mos
cow, With L. Kokponowskl at their
head, were arrested at Moscow.
- Interior Minister Durnovo to-day is
sued an official proclamation, not only
notifying all the post and telegraph
employes that their failure to return to
Work to-morrow will be equivalent to
their discharge, but that all those who
agitate for a continuance of the strike
are guilty of cutting or otherwise de
stroying wires and apparatus will be
prosecuted to- the full extent of tho
law.' .
nnnprsl Itjiilpond Strike.
'.Watsaw, Dec. 11. Tho central
commlttea of the union ot railroad
men now In session at Moscow will
probably order a general railroad
strike to begin at midnight in conse
quence of the arrest of M. KrustaleS,
president of the executive committee
of the Workmen's Council at St. Pe
tersburg. The', local committee of
tho railroad ojen'p union has received
a notification from the commltteo at
bt. Petersburg to that effect. , .
BANK CHARTERED ,
- FOR WILSON.
; Three Companies were incorporated
in",.th .Secretary of State's -office to
day.-, They -were -the. Citizens Bank of
Wilson,' by n. 6V Briggs and other.i,
capital stock $50,000; New London Mer
cantile Company of New Lendon, Stan
ly county, by. J. L, Palmer and others,
capital $10,000; 'The Lexington Grocery
Companyof Lexington, Increases v its
capital to $50,000 from $25,000, and the
Cherokee Lumber Company of West
Virginia domesticates with North Caro-
Uha, headquarters at Garland.
la " tin l II I ' bat tfcar a
laaav !.. M..
rawaa Maf ftatw t. a. iw la
a VI a JM ataaaaasaiWaa a ata
Wi ta Tfc 1
ill i nailiau H.
ai ii ml aawt
awtwaa) aa iiaa. It
-1
U Jaay
u4 a4Haal taal
a Anaaal ban
M. aa a.
Ha atW1l
Wat a uana an 4tltitnal
tNiktH Jaaar. an-1
It at aaa aaal l ' a a.ui -
tf aaatHat IV. I. H M.i'.aaa ill iaa
W lrw4 thla aanift Tl. . iw.i -l ,
ta that aVladaf e'lina-l atll ihM l
aata ta t thalr n i.m.. a b i
I her war hot t iMmnaaw ana
lha ae. a a Umr ti-a" I" il.. aiaal
a tmtmat ratkia at -i-.i- i, In
Maiaaaa la hla wtfr 1.1.1 n-i . u
fnMa Us etTarta, aV4 i HiNaaa
Uta hrr ta Uraac ! . ii .aaa
cinllnualM-a ef Ua ma t ii.tltli la
aat Il a. aai ,nati 1 r. i 1 l.i ix.una.1
(r di-fi-ndaot wUI l
,,i
,.,iili) rioin
-l-.al.i la
ti n iHara
.unl 1 lhat
-.l.i. t.i hla
---I thai ahllc
1 aur.nptiil
dius addhtlu bryi.'Hl ,
aaKl that they W"
frutn many rts r ti.
ha haa bar IKK f "I
a. la on maJiy occaal-n -a
mrdloal atudntit ti 1
taking hi own life.
klaibeas baa mad -Ivmpt
at auk Ida In Jo
- fut-ther
t-ui he a.
l
nia like on brrrft of all a u-1 1.1 ill . rating
Krarcely aaytblng, tull.K t mnu- and
ali-ffln littla.
It ia aald that Ik l-lt-a f lf-i!fenae
a tll hr entered for the tv 11. ile Hoi-n- ,
a ily. should th gran.l J.i reiuin a
true bill for murder.
There are at least 1'" t,,in.l tiger
eases on the docket h- 1, f..i nial, al
though court was bell h u f . ir 11I111I
ual cases by Judge Wm-i n lit t la- over a
month ago. Moat of ih ranea are of
the ablet element Who uili i;lr In mil
The evidence, ltoei . ,n many of
these caaea, ta of such a 1 h u ncier that
many are expected to ic a. gulled upua
u full Investigation.-
CALEB POVERS CASE
In Supreme Court on Question
of Jurisdiction
Motion for Leave fo Fllo Petition for
Writ of Miindaniu Coinpeiling
Vnitctl States Judge Cochran, of
Kentucky, to Remand Case
State Courts. ,
to
(By tho Associated Press
Washington, Dec. 11. The que ;t Ion
of jurisdiction In the case of Caleb
Powers, charged with complicity in
the murder of Governor Goebel, of
Kentucky in 1900, was to-day presented
to the Supreme Court of the I'nUcd
States in the form of a motion for
leave to file a petition for a writ of
mandamus commanding United Stales
Judge Cockran, of the Eastern District
of Kentucky, to remand the caae to
the State Courts and restore Powers
to the custody of the sheriff of Seott
county, where Power's trial was about
to begin when Judge Cochran's court
took Jurisdiction in tho case.
The motion was presented on behalf
of the State by Hon. Lawrence Max
well, Jr., formerly Untied Sta'tcs So
licitor General. Attorney General
Hayes, of Kentucky, was present In
the court room, as were ex-Governor
Richard Tates, of Illinois, and Attor
neys' J. C. Sims. K. L. Worthlngton,
and H. Clay ITowanJ.
Governor Yates presented a petition
for the dismissal of the appeal In the
same case. Roth parties asked the
court to hear the motions on January
15th, but the court reTused to fix a
day.
CONDITION OF
WINTER WHEAT.
(By the Associated Press. 1
Washlngtonr Dec. 11. The Crop
Reporting Board of the Bureau of
Statistics, Department of Agricul
ture,' submitting its monthly report
to-day, finds that the condition of
winter, wheat on Dtiimber 1 v.as
94.1. -.The acreage , of winter wheat
was 31,341,000 acres, an Increase of
0.6 per cent, over the area .sown In
the fall of 1904. The condition of
winter what was ,95.4., v:-
". .-'.vV.-.f'V -in 1 " - 1 i'r ' . ii fi.itMJit'''"'''.
Begin Hi Tern).
.- By the Associated Press.)
Buffalo, N. Y Dec." 11.- Alonzo J.
Whiteman, convicted of defrauding
the Fidelity Trust Company, of this
city, by, means of forged .and raised
paper, was taken to Auburn, prison
.to-day to begin a term ot eight years
and five months. , '
lEsaci Prc!!:rs Els-
tn"t" Ftoa"
FORAKER'S POSITIONS:
taUi aaliaa ha aanar hata th
IVraraa Laa III ra-r laitajra
t Mai Ihr 1 al m Miii IVuOt
ka aaa hhi-aaila Vm4mt4
KSw-i-ra.
(M) tha Aaata taiaa lrraa k
I VI aahliiaton. Ia tl Thara aaa a
I diaiuaali of lalUua h-tatalitta I11 '
I ftenalr ln-tla m. lMlatd a hill la
ttHil by al' Tillman, a hu h ha 1
1 plained gar tha Intetaiata l ommarr
' l ommlaal n ri la fli a mailmum
; rraannatila ri-ta
I Mr Koiaktr lalkad at aoma Imgiti "a '
the i-allroad uuaalain Ha Inatatad thai
I lha Tillman hill m-oa;iitar4 thai rrhatra
! had ali. -d ui could tx under tha urea.
ent law
Mr Tillman aald ha did not think
ao until the Invest ig atlon of Judaon .
lUnnon Inatltuted by tha aieru
tlve hart he-en imh a mlaerabla Oaaro.
The prraent la a aould prove a falluie
until the Hraldent atpd protart.114 i
anil hlteaahlng cabinet ofJIeara, ha .
aald 1
Mr Forsker toiillnue.1 to dlaruaa th
features of prowiaeil rata legislation.
He Inalsled that rongreaa had no
Iuineil to delegate to a committee the
lirht to regulate lallioail ratea. 1
Mr. Culuorann (Teiaai and others
took twnie with Mr. Foiaker on thla ,
IHilnt.
Mi. Knox. (IVnns asked If the Su
preme t'ourt hail not it. -elded that Con
gress can lay down a certain rule a'l !
authorise a commission to apply tills
rule to specific rases, and If It wou'd
not apply to a delegation of the power
to fix rales.
Mr. Foraker did not think su-h to b')
the CAsa.
Mr. Tillman said he had provoked
the discussion with "malice afore
thought" to stir up the lawyer.
The Senate then discussed the refer
ence of the canal emergency ppro
prlntlon bill.
Mr. Tillman characterised the high
salaries paid canal employes as "steal
ing and craft."
Messrs. Hcmenway, Hopkins, Mo
Cumber and Teller said there should
be legislation fixing salaries for the cn
nal employes. Mr. Teller said that by
legislation Congress had authorlaed the
President to appoint the officers and fix
tho salaries and that It was the duty
of Congress to pay them.
Washington. Dec. 11. As notice had
been given that the announcement of
committees was to be made In the
House to-day, a large attendance of
members was present at tho hour of
convening.
A lively tilt occurred In the House
just before adjournment between Mr.
Lamar, tFlo.) and the minority leader,
Mr. Williams, regarding committee as
signments. Mr. Lamar sought to discus the
matter, but Mr. Williams objected in
ths Interest of Democratic harmony,
effectiveness and good will. He was
at once challenged to call a Democratic
caucus for to-morrow, but declined to
commit himself on the ground that the
House was no place for Democrats to
wash their linen for the amusement of
Republicans.
Mr. Lamar was taken off the commit
tee on Interstate and foreign com
merce. COUNTERFEITERS
ARRESTED.
(By the Associated Press.)
Los Angeles, Cal., Dec. 11, Frank
Wcller alias Wilmer, and Joseph Cas
trol alias Lawrence, have been arrest
ed charged with counterfeiting. With
the prisoners of paraphernalia was
confiscated.
The men are alleged to have been
operating in Los Angeles, San Fran
cisco, Oakland, and a number, of Cali
fornia cities for several months 'past,
Hooding the coast. with bogus bills.
They have beenjinder surveillance for
some time. - " ;
The ra.ls1nfc bf -wo dollar" bills to the
denomination, of $5 and $10 is said to
have been the principal occupation ot
the counterfeiters.
5 ! " Henry 3. Sloat Dead.
(By the Associated Press.)
New Tork, Dec 11. Henry J. Bloat
assistant 'secretary and treasurer- of
the Tennessee Coal St iron Company,
was found aead in hi bed at his horn
at Sloatr.burg, N." T.r to-day. - Death
was caused by heart - disease, Mr.
1 Sloat Was 70-years old and Was well
known Intho iron business.
'I,
IUJLK1L tOXTKOL
BY INDIRECTION'
I AaB..taia liaaa I
r t U - a I... INKWI
na ri4i-a- rtHiM at
ajM ia 1 - im
W-aai h h
aT laaaaaa 1.1. ' raaitaa (hat
th laatti. 1 -..-uia. ihaVwm,
iaa -a . -i,iii )uriMia aa
I aMa analaa Hi i-naai.aavt af a ttt'-h
ealhMl1i ia fi.ea lha itanmrM
(iianwn. ai4 lata lu ramaifa fall
I etaimteatc fi-i.tn a;i U1.1t - a' r.ntie
aM 4r. huauiraa alihta aa. k uiVa
Jt. Il-ai
Ha aai tl.at utHiti la tha
IhtiMi t.-utnt ao4 thai tn luaurarM-a
ooati I mi .itt 1., gun lu. M-a lu
ant of Ihr lertlli.r i-, aniial c-iveivt-m.at
aul-r ta,ia thrtr-f.Ha all i otii)-
lUea TI b Hv-lu tad
TURKEY FACES
MORE TROUBLE.
l tha Aaanrlalatl I'rraa )
Conatanllt-iipl In-c 11 Trouble la
threatening on the Turku-Pr-reiaa fro- 1
tier, at Ihr Vllain of Moeul and In the
iirlghboihmHl e-f Uaaaid on the fron
tier Thear i.lnl i hyve iH-vet been ax-
a. lly delimit, d
Kite Ihouaai 1 armed IVralana are
noa gathried In the district of Buj
mulav. mtuthaatil of Lake t'rumlnh.
and they threaten to Invade anil lake
laiearaalon of a atrip of territory In the
Vllayit of Mosul (Ullnnl by Turkey.
Tao battallona of intoman troopa and
three guna havr been dlaxitihed to re
pel the Invasion and the governor of
Mosul la calling for more reinforce
ment A similar situation eilsts nn the fron
tier In the neighborhood of Bayaxld.
NEW CABINET
INSTALLED.
(Ry the Associated Press.)
London, Dec. H. The liberal minis
ter composing the new cabinet receiv
ed their seals of office and were finally
Installed at a meeting of the Privy
Council In Buckingham Palace at $:$0
this afternoon.
The outgoing ministers surrendered
the seals to the King at a meeting of
the Privy Council held at noon. The
ceremony waa quite formal. A few
persons gathered around the gates of
the palace and watched the retiring
ministers as they arrived on foot or
In cabs, but they were hardly dis
tinguishable in tho dense fog.
HUNTSVILIE CASE
IN SUPREME COURT
(By the Associated Press.)
Washington, Dec. 11. The Supreme
Coutt of the United States to-day re
versed the ruling of the Circuit Court
of the United States for the northern
district of Alabama in the case of
Thomas M. Rlgglns, and remanded the
case to the Alabama court with direc
tion to quash the writ of habeas corpus
sued out by Rlgglns and dismiss the
petition for such a writ.
This case presented the broad ques
tion of tho right of the negro to pro
tection against lynching under the Fed
eral constitution and laws, thus Involv
ing the Jurisdiction of the Federal
courts in such cases. The court did
not, however, enter upon these ques
tions, but based its decision upon the
technical ground that the proceeding
by means of a writ of habeas corpus
was irregular. .
Riggins is a white man, and was in
dicted by the grand jury for the Cir
cuit Court for the northern district ot
Alabama on the charge of conspiring
with others to lynch a negro named
Maples at Huntsville, Ala., in Septem
ber, 1904. After being taken Into cus
tody he presented a petition to the
Circuit Court praying to be released
on a writ of habeas corpus, contending
that even if true, the offense charged
was "no denial to Maples, a person ot
African descent, by reason of his raca,
of the right, privilege and immunit."
of a trial by jury to determine his
guilt or innocence of the charge of mur
der.' He broadly challenged the Juris
dietlon of the court, and when his writ
was refused appealed the case to the
Supreme Court. ' ,
The prosecution In the Federal court
was based upon the provisions of sec
tions 5508 and 6509 of the revised sta
tutes, and involved the construction of
the 13th and 14th amendments to the
Federal constitution.
Albany, N. Y Dec. ll.-Argument
was begun in the court ot appeals to
day in the so-called New York ballot-box
case.
Ourteilj Re,-:;ts M
AcccrJiiht to
Law
PH.Hr IN 13 GJLSE
f V P C C" fl C If iC C R I I' J
sal tar k arala IWnetat Iisiaa. a4
liar gaa are I aaa MeUaaa las.
aWarajat bag r Wlaaj Msaagraaaat
(ivi Cttargra.
The baar 4 AleWr)
day at .1 w clack ta BpetiaJ aaii
to racattt lb report ot UM o iau.lt
toe which kaa th lvUtU of
t charge f Ala I'pcbarch
agalast lb lapiraaary.
Tb A ldarawa praam.! . war
Maaar Grime. Cooper, Boylaa. Ca
rkarrk, Jarkao. Last aa Jl ogees.
Mayor Jam I. Job called th
meeting ta order a Mated that tb
meeting waa cU4 to reoelv th re
in) rt of lb dlspapsary woniBilttae and
to el ort th atipwaeary cotBBilaaioa-
era for tb next tar so, lb term of
ta p rear I commlaaloa iplrd te
re niber list. '
The report of th com milt , which
aa conioed of tb mayor, th city
attorney, and Board of Aadit and
Finance, waa read by City Clark W.
W. Wilson. Thlv report u as fol
lows: . .
"To th Board of Alderaa of tb
city of Raleigh. N. C:
We, th BBderslgned eommltlo
appointed tby the Board of Aldermen
at It Meeting held O September 1.
1115. to lav tig lav tho ehare pre
ferred at aald meetlnaf agaiaat th
management of th Dispensary, beg
leave to report a folldwt:
Tosr committM held ftamber Of
meeting at which th party prefer
ring the charges, was present la per
son and represented by counsel, at-
tre having been duly notified ot tho
time of said meeting, and th Man
ager and Commissioners of the Dis
pensary being also present In person
and represented by counsel.
"Due opportunity was allowed the
party making said charge to produce'
witnesses, subpoenal being freely Is
sued by the mayor of the city of
Raleigh for such witnesses a might
be sugggested, and , said witnesses,
or many of. them, , attended . said
meetings and were- examined and
cross-examined upon, said- charges,,
said meeting being adjourned from
day to day at tho suggestion request
and for the convenience Of the party
nrofarrtner . tha rh.pml anj. ..hla at- '
torneys. At said meeting no evi
dence was Introduced,-.? except -aa
bearing upon charge Noi t, 1J
and 14, and by agreement of both'
sides your committee decided to In
vestigate fully, by personal Ihspec-
tion of the Dispensatyi all. -other
charges and the management of said
dispensary In all particulars.
'Charge No. 11, was abandoned
and withdrawn. A copy of said
charges is hereto attached to thi re-t,'
port, marked 'Exhibit A,' and made
a part thereof. i ;?.. '' ,? M 1
No Profit Over ,80 Per iCeiit.v
"In reply to Charge No-l, as re-
gards the excess of profit being over
HO per cent, your committee found
the following to; be the fact: Whllb .
no particular Instance .of violation .
or violations are alleged1: -.in said
charges, yet the parjty makjng the ;
charges did file a letter of peclf)ca
tions with the manager bf , the dis
pensary enumeratih certki' brands
of whiskey in th sale . of ; which it
mnc -l.lm.J 11,.. ,14M 1 -
ta.o .iaijui7u iuni i-ui? uiauvuaary wan j
making a profit of tjver 86. per cent.
Upon an examination of the original
cost and the selling price of these
particular brads fcyburf committee
found that ia no instance was the
profit of 8ft per cenv, exeeeded. Upon
further examlnaUotbuomrnltteo
is satisfied jpiat, In 4p 'Otihfer Instance
Is the. profit of 0 p4r 'font co.eded.
Docs Buy rrom Loxjal Agents. ,
"Phaffro' VA -'1 ,;j - Vknt. MimmllliiA
finds that Jt is . trnl, l alleged, that
the management'; of the dispensary
buys a large portion ' Of the liquors
handled by It from ant through local
agents and friends In Raleigh, men
ot good reputation, and Integrity, but
that it is not true that in so doing
the-city is thereby deprived of com
missions - which would ' necessarily
(Concluded on Second Page.)