I uirr rrrr:: 1 RALEIGH EVENING- TIMES. TWtLVr PAG El ruler a A GKEAT BOND ISSUE BY SOUTHERN RAILWAY COVERS DOUBLE TRACK f c:r Per Ceil E::-s S15.C3Q.Q80 ID EE SDLQ IMMEDIATELY )V tb lhaaUr Trm to aVt rc4 Including ItrtMua taf Orwdwn, Xrw Tarda, bhop MAXTTI U tVfuad rayaaeuu tor fculpwacwt SJOO.OOO t .rwand UvcOmmU la rWwrUIr ' for AdvaacW t Subordinate Co aJra,. ' ' : - ' ' . By lh Aaaoclktod Pu-) Nw Turk. Fh. W.--AiMOUiount il mad today that the Southern Railway Company haa derided to nh th Morkhotdcra lo tathorle an U u of C,OOfl,UOO development and emt mortgage . per cent, bond. -Of this amount U6.000.0 will be U aud. Immediately (or . tha . follewing purpoawr H.W."4 -tar refund . pay bieats toreq'ulpmcnt heretofore made aaid diarged to capital; H.tvt.00 to re (nnd Investment hi, aecurltle for J- " ranee to subordinat companlee haro- , tofpr tuad and for, tha acquisition of property "not heretofore funded, ana .CM.m for double track, ravlalon of graded, ttaw yards, ahupa, etc - ; -. :fh' balanca i ot ' lK,W.wa mill be reserved tor tha ' (olio Wtn purposes? H,1D1, o mlra dlvlirtonal prior Mn bond on propetlra acquired (or which Ho proylalon la made tor tha conaoll datad inortfage; l,000.000 to- rptlro not later than April 1, MCS, collateral tru Vo; $K.008,000 to mire-a they ma ture In the "next fiftoen yeara, cqulp ' meht capltat obligation!; tlO.OOO.OOO lo acquire capital atocka of certain iooaed Urea;x$10,Ki0.000 to pay not later than July 1. 1 90S, for" the eaatem dlvlalon of the Tenneasea Central and Immediate lihprovtnteht. " ,'A;tr.irQ.Yliiloia tor tha foregoing 'obligation arc made there will be $99, 8S4.000, whleU wtll be uaed to provide (or future acqulaltlona and better-J '. menta. ' ... ' "" .-,. .i. , ." t PrealdenX Pamucl ftiencer j of the Southern Railway Cbmpany. in" a. com , munlcatfon to the votlnB truaieea of ' tha capital atock Of the company rcl ' atlve to the fn-opoaed bond jsaua, sayp . that the existing financial condition of the company Is such r to justify the v creation of ttio-ncw mortgages and the hnnioUlate jlaaue -bf 15,0OO,0OO ot the new' bonds us proposed without dis turbance of the ull dividend fioW paid on: the preferred stock.; j Surprise in ; SAH1JEL CASfe iSdscIuI to Tba Arching Timra) i J- v w i - i . ' . ' , twiuitia: mm uiiviivu .MVfvi v av i mv areenBboro, S.'.C'Feb.' 10.-Ift .tlieBv harm. ' ' ; jV Barnuol case . this; morning ? JxKO By nvm,' fn powerful lMtal aigUment io iudgcBojdV contended that there wai a, tatal variance In the bill of irtdtot i ineftf andtho prwif that Bamuel-was , charged 4 wllh" having ' committed 'of fenses' as an ofllccr, agent or special employe of government. ; v e .. Me read the revised slututca and de cisions .of the supreme court showing1 that Samuel was neither officer, agon t nor special employe, and. was a sim- pie hireling ot Revenue Agent Chap- man under a special statute autnons- ; Ing employment of detectives, and that Tie only aotea as sucn ana coum not . UnillM. tlla Kilt er lll ui, i... m..j, - . . ment. i ' , . Judge Boyd said he was Inclined to Jury until Monday by request of Bo licltor General Hayes .when the dis trict attorney can ' bo present. " Ho said ha liad' carefully; examined into all the points raised by Judge By- num before druwlng the bill of indict- meni.,ani was proparuu o ueionu .uccessruny. imant. mft To spectators the denouement came -. i Lh.i ...mriaa -nrt tti. r. Judge Bynum spoke for two hours, and Lla arjruinont v ' masterful. SO IIOREEOjIESTOD.U NlKl EeIlu.J la te Sttl la Hl:t Um Tiara Im tW Muar K Rarwiag Part Ha Oat AUf U Ca On to Oaf Altalaei amiral Ellra Faa (B? the AaMtetrd Praaa) UUham. W. Va re. W. TIhi after damp cuaitlaiMMi la hamper tb cfrorts rraaeuer la Iba rrrHI mlitra, Br thirty or mora aen were klllad or en- tombd by aa exploatoa at gaa oa Tburaday. No mora bodlea bad beau found up to thla morning, and It la tollavra that fteaa ma are Mill la tb mlno. Tbf ala bodlea taken uut yeatrrday war round la Ibo' eaurt -aide of the mine, where tha eaploatoff acrwTed. IT J (eat frotn the. bottom a tha ptt. Ika gpeera waa totmd with hla moala held agalnat an atr hole, evidently try ing to, ee the effect of tha after damp. Oeorge Mart la bad bvaii blowa Into arvcral ptecca by tha (ore of tbf explosion, hla bead being found aevera) feet from tb other parte of tha body The other four men were, lying with-their (area on the ground and their bodlea were atverrly burned. Of thoa atlll ntlsalng, tx are known to b In the eaat aide ot the mine and then bodlea hare . not yet been ' recovered. Among them 1 Mite Pratt, mine fore The raeeulng . party haa only bean able to proread to (eat In the mine oh account of the af ter-damp. . The- ahaft la Set) feet deep and aeverul extra tan have been put In use .every effort be ing uaed. to - get circulation' of all through the mine, . The damage to the (Continued on Pace five.) A BIG CLAIM i SETTLE! Southern Pays Mrs. Augustc Bollock 7,250 Husband Was Kunnlng m Shlftlnr Engine and Waa Killed by Run away Locomotive In August, 1003 Observing N'lnc-Honr Law And In creasing Force i ; - . , (Special to The Etnlng Times.) Salisbury. N. C, Feb. 10. One of the largest claim ever settled by the South ern Railway at Spencer was that o Mrs. Augusta : Bullock of Spencer. foi the. killing of her husbam, H. Bul'ock, in Auanist, IMS. It w(H ho remembered that Mr. Bui. 'o"k was i unnlr a shlft'ng engine was at his post when a wild eng ne cam from Spenoer towards Sal.sbury at a 73-nille speed. Mr. BuUock was caugh between the cab find tender andcrushe to death:.' Mensrs. Kuark ond McCrary of- Lexington affected the compromise whereby. Mrs.' Bullock: reoelvea 17,25 li la. also recalled fhat the wild engin whose runaway has never baen cxp atn Al.4lvil f n' 1. V,v on. Mhnl uhAPttl L - ' The Sotitheiu, Railway has been ob sert'lns; titer nine, hour flay . for evra weeks. : Tllfr iumei1cal force Is aeo In creased and the xhdps ate now vilnnln night" and day; - Notwithstanding thite are S.0W, mert employ 6d 4i the railway servicQ here, this force IU, being dftll Increased and the demand lor every available, mechanic Is great..: Uwlhg t thla fact It is very probable .thai three or four hundred extra duelling house, v.ltl bi rccted. - , - , The firp of Monday did not put the i Southern to anv serious Inconvenience ,, fh. Kinnwmith shOD which was to- ialIy destroyed, was temporarily aet up m the otei and walk proceeded as lis f ... . ... fL : Uai. . I ' TTi A TrTMfl rXT - rs. VU l i UXl X U. U iijXJlX X . ' Washington, Feb 10,---Tha nouso committee on agriculture ' has ar fang0d a general hearing; ott cbttoa ButlsUus beginning TnursdayiiFeh' ruary 15. The department of agrt- .. ' ... . v-.J!., Atnrt culture, census bureau, cotton ttktf ufac tutors, planters and others in toroated In the cotton lnduBtfy will - uo given nn orPonumiyHo ob ucuru. tee ruico to my Is C;:ri!d mmmmmmmmm M .aaaa. ArtM Aba- Jaw I TV a-- t a4 iladii . It rr rrrttU -Lad SB he CmiW. nral Uniy iVr tb Aaaiiwaatod freaa a rVftJHMne. Cai. Wb t A Baa- taa ni I ta be e.n M UOa pwt and t gabartaa kad tb ret UI arrlr ar about tbe utat f Jaa Luma)l Pavta ml tb Huaaiaa aary baa errtvn ea aa km ar ra reaetaburg ta aa ma hue tha argaa- bmthMi af tbe enanpaay thai la IU tbe ateamara. Tba Ul l-'y i thla port and Ywdlvuatnt. and at Aral a III eetgage xrllv4y M t be freight trad. Later urn pas aragera IU bo caurtrd by the mmw Tb company hkb Pavlov ri r rat na two vmiu. on ot " toua capacity and tba other of l.fe tona burdea. V1 I . are at praaent plying between Viadtvcaitok and Odeaaa. It la tba plan of the new company to build ten at earner to engage In trad between Vladivostok and Oil port on deiao t run to Australia. It will be the Oret line vt freighter ever atab!lhd between this port Vladivostok. ail , More Uaatoala Ihwla. (Special lo The Evening Times.) aaatutila, N. Feb. 10. Deal I aal ratal to tba amount of irt.fci re re ronaumatad ta Oairtoala yestar lay- The J. A. Glenn Compiny aold wo of the threw More room purcba d from the Love Trust Compary Yioaday to E l Xendrk-k and K. P anktnr ,J. A. U otia sold the- U. H arrull residence to B. H. Wnim. Mr. -Vankln ld bt iwttreM In thaOaa inla -.Boiler Covering '; Company ' t- no- C. atoora- of Dallas. Tha Lovt ' runt Company eold the to foot shra tory building on Main street to Chir Ttte parties. R. A. Love sold a blrck 4 land on Marietta street to 8. N .'oyca., JU. C P'sraro B. a. Mc urd. V '. . - PITTSBURG MINERS " VSl' hi Associated Presa) Pittsburg? PB.. Feb. 10.-rA brief hear 'ig'ot the temporary-injunction aecur d stei-dky by President Patrick Dcla f the Pittsburg district' miners agalns delegates, attending the district con entlon, restraining them from inter: at Ing with his powers as , pi-es.'dent. rue held before Judsc Fraxer in com aon pleas court No. 2. Additional tlnw as retuetd by the defendants and A'ednesday afternoon at 3 o'clock wai lxcd by the court for the final hearing. A session tasting one nour was neic y the wit ycntlon this morning prevl his lo going to court In a body. It wi he-, stormiest meeting yet held anfi here was opposition to every, matter -resented bv President Dolan.: Natio i Vice President Lewis announced th reslthsnt Mitchell had instructs htm o remain in Pittsburg for a few1 days, Ar. Iawls also read a telegram from .'resident MltcheH advising the execu lVevboarvl : of' the Pittsburg 'district liners that-they weix permitted to Iraw on their treasury for funds to r atn legal talent m the injunction pro eedlngs. v . . . i ."I personallv .am paying- my attqr wvs," shouted Dolan to Lewi, and the telesales, "and the. executive . board till do likewise. Jo money Win tt aket fronv the. treasury for this pur rmf If I cA.it- heln it." ' Tho -eeftvehtlon-adJourneCl, until thlf mernuou PILOTAGE BILL GETS; - " , r 1 V , ., FAVO;iADLE REFORT '- Jf-r''- v;'''. aUailsaUsabnM S ': sJ--'V- "Vi;-.. ; (By the Aasoclated Press.J u. Washinetoh. Feb, 10. By sv Vote of ilght to five the- house committee o merchant marine, and Jlsherla agreed today to make a favorab'e rerbU on th Llttlelleld . pHt which does away w ta compulsory pilotage oh salithg vessa maaed In coastwlaa traded - '..'".. . . The votes' in favbf Of lh bill, war Tiprrsntatlv.eh' Minor XWlK). vOrsene N. Y., Foi-dney - (Mich.), Wachtn 'Md), Llttlelleld (Me.), Flack N.T- MoDermutt N J.). Humphrey (Wagh.)i . Tlte negative voles wcrer Represent- 4ttve Epighi (Mtsa.J, fihsr'ey (Ky.) Pattemon (f. C), aohldott (N. T.), Maynard (Va.). - ' ' ' The pairs were: i Orosvsnor (Ohio) and Blhlsftll (la.). Watson (Ind.) and Wilson (111). ' doled AN INSURANCE CO. Arnrtti ONLY AFTER A FIGHT I BmI) est Man bUW Two Ta brtoeaw TW4 M 1 H w'rb4 aa4 Btrw M tUr tb Asavctnioi I J br. Colei. l - J J Mi Ktu- erm. bnae aWath waa Murte4 Jan uary C and Ufa ' poitrta paM. aa ain lad at Itir hurat of ht by City MaraiuU Nlr. tfur aht ta wblrb Mr I ( uaa wawiMted br a buaVt Mrhcbarn waa repril t lwe tMwa killed by tb accidental llw barge of glaat tiowacr. but lnnttn b) rratemal enoteUea a whkh lir a In sured dlsrtoead thai the 11 v it Kob ert 8eed. who waa killed to day previously In av mine. h.l ir-n nn eart bed. taken to tlte lunnrl In ahlch McEarbern waa wskl" and lilon to place w ith giant ma ' Til uthorltle vm lnftnnrd that Mrfirhnt waa h vliilm vf tb bleat and an old! linr llf. Inauranr company paid a r4tr n hla life. A deeper Investigation b fi-atrrnal m cletle reaulted In On, In. a Mrl-t'hem altv and bis anw. f..niwrd. Jack Cowley, who wuikrd with Mo- Eachern, was akaa pbti-rd in jail. The treatment ot pi body of Koben Hpecd greatly Incenaad hla frlrnda .ami lynch- Ing wa stliroatened. In irder to bet ter protect McEacbern hr lis been re moved to tha count? Jail at Cripple Creek iM:9. ' heavy guard placed around. Ui "prlaoa- . ;r AN JNFORMALHHANGING Gallows Hurried to County Jail oira Sleigh i .- Governor Stoke Inaued Orders Lant Night for Rossh's Execution Today and ' Midnlalit Prenarationa Were Made (or the Event-Killed Italian. (Br tho A'-soclated Press.) HacUensack. N. J., Ftb. 10. --Jerri lossa, an lla'ia'i. was hangeil toua ror the murder of nnothor Itilin which ,vas committed t . o year ago. Rossu was recently reprieved and ho date had iMce been eel for he execution of the leath senlenec until yesterday v.-h'- Qovei'nor Stokes directed that he should ay the penn tv tot'ay. The gallows hen was hurried to the jalt on a. sleigh tnd workmen were busy until late las light put time it into position. Deputies nnd witnesses had -to be no tified by telegraph in-order that they might be here in lime for the; exec Ion."-Rossa was not Informed until SBt evening that lie was to die today. SMALLPOX IN: V : A STATE PRISON " ' - (By the Associated Tress.) Pittsburg, Pn.. Feb. 10.-It becamt known today that d, cbnvlct' - tn tlu a-eatern penitentiary was recent '.y at tacked with binallpoa. , The patient haa been Isolated In the Infirmary and .tvery precaution is being taken by the tuthorlties to prevent a spread of the iisease among the 50 inmate trom tht prison. All the prisoners .have been vaccinated and the sanitary condition ot the p ace is considered almost per feet, 'the oase was reported to tha bu reau, of health. SERIOUS FIRE f IN WILMINGTON. ' ' ' (Bv th 'Associated Press.) : .Wllmingtdm N. C; Fab. M.-Fll-e of unknown origin which broke out short ly before midnight totally destroyed the Wllliaid Bag and Manufacturing Company, Uermknla Hall building an1 several - warehouses ina oaaiy aam bged idjolnlng property, in one ot the principal ' business blocks ot th city this morning. Th loss Is between 7S, 000 and tlDO.OOO, pretty well covered by Insurance. The loss in the bag and overall factory alone is $40,000. . v WOMAN SS,SSIN'S BULLETS MAY NOT KILL CHOUKNLN tb( tM Am4m4 Pvwal a . . ra, a-rae a-""1 taJig wa MM a t $rmm AaMkeal a ta ba ta aan.n ni air, aa smm ta4 bi Baa Adavwal ka bnaM turn m and d I ha bua.Ni Wa ra aa mm t raam Aaa tag ta ta aiiaawn paar aad awwaajt aad dia; atifc.a f ma rmm pad M ti-aalug I ka i 1 1 aa anaaid ta ottaaatg aa'aa ar-a eartMnrf tbal rkaaaajal wiH -ua i TK aaM era w aad I sa bla ba-aaai. fraaa .. tha bahH haa I at baa aal Hla aaiallaat. a ka a aa aatai aod aiitad bf aa f dartr. aba raatMd la IK. adntkral aattaaaa. la battavad. bk aaarraaB af Laawtaaaat OanaraJ afcara-f, tb linat aar a - and tha aaaaaata of Oaavral MiwtakaS, f pataa af Maaaa. ta bar baati a i amlawry id Ika fl FViera Ikui i'ut irmHtaa Tl.. ". a baa but aaaa Mettinet, i" H i k an lhal ah arrltad at tk-twwti-.i 1'ibnaii I aad ra;.rad at ONE CONSUL II AS BECAUSE lily the Aa.-iMliJ l'ira I Waahlngion, Frh In " t-iall l,.-i In rongreae to an tniroi - ronaular ai -vK- allh prrmaiM-iit trnui of i.tti. haa csuaed th kiaa ti Itie tnaulai a-!- lca of oa of Ita moat rfflrlrnt and r- periatK.rd offlcvr by the rralsnni Ion announced with regret by th depart ment of Mat today of Jamea D. la. Idaon, consul to Antung, Manrbuiiu. who, after a service of nine yeara n -tlrea because of hi Inability to longtr draw on hla private Income to main tain the consulate. In his letter of re Mrnatton air. Davidson says: "The salary of my post a consul to Antung 1 Insufficient, even with the Increase which the. new consular bill now pending in congrau provide, lo maintain any consulate In the Orient wttb becoming dignity and r'' tney la lw ot the n ere ally of ooutpelina; with the consulate at other powers which, owing to the Importance of hls great and growing field of commercial and political activity, have large sums expended upon them by their reaped -Ive covernments." Mr. Davidson add that the salary at each of the consulates he has served BOUGHT A BRUSH HEAP, SAYS GILLETTE (By the Associated Press.) Savannah, Ga., Feb. 10. Major Gillette resumed the stand In the federal court today and gave further evidence against Greene and Gaynor, who are charged with having de frauded the government out of Borne $2,000,000. Major Gillette described conditions as he had. found them when he came to Savannah to succeed 0. M. Carter In charge of the dis trict. He made inspections of the work under construction by Greene and Gaynor, and it waa what he then discovered that Induced him to make the reports that resulted in the abro gation of tht contracts, the prefer ring of charges against Carter, his court martial and conviction and the presenl trial of the contractors. "Without any authority Carter I purchased a brush heap and paid for properly constructed mattress of, eight courses," said Major Gillette. E. R. Conant, Brunswick, Ga who was an Inspector under Carter, idea tilled "certain tri-monthly reports upon the river and harbor work. . i "i . i i New Military Attache London, " Feb. j .lO. Major Count Glelchen, military attache of Great Britain at Berlin and. extra equerry to King Edward, has been appointed military attache at Washington. Count Glelchen is connected with the British royal family. , , INJUNCTION CASE - (Special to The Evening Times.) i Durham,'? Feb: '. 10.Argutnent In the Injunction . case of the city of Durham against tho Eno Cotton Milt Company ot Hlllsboro is still in progress at S o'clock this afternoon The. reading ot affidavits and deposi tions began at 10.30 o'clock .and after this .the argument ot counsel. The attorneys are R. B. Boono and ' puiter & Faller for the city, 8. M. Gattis, J. W. Graham- and Frank Nash tor the mill, people. Th argu ment, will not ,be completed before late In the afternoon. Tho general opinion now is that tho - injunction will 'bo continued, j w. a a efe a . a-l a.i4aa aw aia.(Ma ai . aat i a .n tha - I I a uaua. aard a ) la aw . uiMn i a aa' a m ,4 .iraint. 1 .anla at r rv aliai aaai' a l.r-i t aa aa a ad Htiai a vW. !. diva a aaaii ad a.ad t--a aa ai aad taa-wa) fsaaat j baltaa -a. th daitaaaia a ia aa. I ha Mil ah i haa la aari aaa hiiiad hf lb i . i. la eahlaaad wwiit ai a mmi oufttiaaad ta I aaaa a. tat. atiii a4na unird la had aid dor aad Cu-itt Hi raaaiibaiiiia la aaiaa. na lain h ra-aitad ara.akai lr frleatfl t.. , mm i aiatraihta. HI hla, Th ., .,r ' I. ua.M a. i1a. ma III. t-l ctval raniamaat a man 1 1. a n m i M-tMM4 a large .it-"k ,.f t..,n ar awltai. and r-itiinu n . m. in .rrr (,f mat U Th ii ..Uii .-nii i,i f. lM.uit lampii-i lu .mtj-.iiIb. .1. .. .t, tatk but a aie unaut-ireaf ul TO RESIGN OF SMALL PAY uaa l-rt n luu mimII to wihIu. I Ii .1- lafartur) wa) the aeveral offl.-r li haa held and had br not HUM-a--d aonn piivait mimr otHaliml froin lltrmry a oi k It would hvr been linooa.-ilhle for hlin lo hntr .-onllnurd In thr a. r vlee hla kmg H i-onrludca "hly lelatlona alth the drrt incut of Mate have Ihoii pleaaant and I have found lonxulur Hint mi Inliroat Ing than lake thla step with gnat re gret. I have ptwio-Hied thla action for some time, fteling that eongreaa would soon recognlsa the neceaalt y of a reor ganisation of the service with salaries rommensurate to a degree to the Im portance of the position and the work required." Had it been poaeibh' to retain Mr. Davidson by transfer to a more lucra tive post the department would hav don no, but tha xifTer he haa bid are ao tar In xcesa of what lie could re ceive In th consular aarvica that tb department has beau forced to accept his resignation. Mr. Davidson entered the service a a consular ngent at Tamsen In IsM and has nerved -mere, ively consular agent at Shanghai, Nanking and Antung. DREADNAUGHT FLOATED King Edward Touched te Button In Person x Ceremony Was Most Simple Imagina ble on Account of the Death of Ed wards' Fatlier-in-Lav, King Chris tian of Denmark Battleship Cost $",300,000. (ly the Associated Press.) Portsmouth. Eng., Feb. 10. The mon ster battleship DreadnauKht. which when finished will have cost ST.a00.O0U was launched here today by King Ed ward. The ceremony ws the most simple ! imaginable, the king having vetoed nil decorations and pageantry on ac- count of the death of his fnther-ln- iUWi King Christian. There was a ino- ment of suspense after the king touched the electric button removing the last block, as the huge ship hesitated and appeared reluctant to take the water. But ultimately she glided down the ways In safety. Among the occupants of the royal stand were the American naval at tache. Lieutenant Commander John H. Gibbons ,and the other attaches, the admiralty officials and a few privi leged liersons. Governor Glenn in Aslievllle. (Special to The Evening Times.) Aslievllle, N. C Feb. 10. The event ift local T. M. C. A. circles here was the address last evening of Governor Robert B. Glenn, The occasion was the New Year's reception of the local association.-. The auditorium ot the building was crowded with people to hear tho governor.. . The governor told ot the great work that the V. M. C. A. all over the country was doing and pledged to those Interested in the cause of young manhood His heartfelt sym pathy. Governor Glenn's remarks wcr received with much applause. ; ' Navigation at Last Closed. ' : (B' thtc Associated Press.) u Dulfth. Minn.,' Feb. i0. Kavlga Uon at the head ' ot the lakes' has closed, after lasting continuously tor 318 days or from March 30 of last rear, J OF : coiiphojiises m Ez:e tins HIE COURT FEATLRES af Maaaaa- tUB Kaaa ghag- gaataaj taaUaa aaat Mar MaaVraU laaaaaiaaaajt rraahilaai TW (ajrta Maf I-traaia UufUlawM f Rata Mud bv t Hit ll.r Aaaw-tatad Praaa) Yt aahtactoa. Feb. It. Hit all aorta of rompraaataa rumored tb enate co.timltte on latrraUt ctv atarre today resumed COB alteration of railroad rata bill under the agrar-OH-ot io t-t dally until February li. aben a vole will be taken, Th chief variance concern tbr court real are. aad I a vol via tk right .Of ibe railroads to bar tb rata tx4 by the couimlton reviewed by th courts before tby bacom oparatlvd. Certain opponent of the. hoaa bill, a bo bava bera contending for a aiwclnr recognition of that tighL, bnvc suggeatrd another and conced ed ly more moderate amendment. rhla protldca that tbe court may determine ibe lawfulness ot a rata fixed by l he commission, which, would amount to a teat proceeding -tnd bar a bearing on all aubaequent order of tha commission. In effect thla would mean that after the constitutionality of ike power given tbe commission had been determined by thr. highest . aourL. nothing utouia, aland (u tb way of the execution of farther or ient issued by the commission In ao rdakc with thla constructionThe railroad, of course, would hav th right of any litigant to conteat orders which they believed . to be Just, but this would not obstruct the continu ance of the orders oa any ground ex cept their lawfulness. Courts would evlew the reasonableness of rates !n the manner permitted by the touse bill. . For Tugs and Cutters. . fBv the Aaaoclited Pre-aa.) ' Washington, Feb. 10. Captain W. 1. Ross, chief of the revenue cutter ervlce, appeared before ' the house omttiittee on interstate and foreign ommerce today to explain, bills re lating to that service. He urged the ecessity for appropriations to build cutter for use at Savannah, Ga., a ea-golng tug to be stationed at New tedford, Mass., for assistance ot hipping interests endangered by the N'antucket Shoals, which he said are nore dangerous than any other part if the Atlantic coast; and a new cut er In Puget sound. The committee agreed to make a 'avorable report on a bill provldlng,' U75. 000 for the New Bedford tug and appropriations for cutters as fol- 8 ows: Savannah, $200,000; Puget Sound. $225,000; New Orleans, ,50.000. '- JHIEF JUSTICE DIES ON TRAIN. (By the Associated Press.) New Orleans. Feb. 10. Judge Thomas N, McClellan, chief justice of the supreme court of Alabama.V died In a private car this morning as the Louisville & Nashville train from Montgomery was entering New Orleans.-. ... Justice McClellan had been in fall ing health for some time and was oh ' his way to San Antonio. Death was caused by heart failure. The body will be sent to Athens, Ga., for in terment. ' ' ., ONLY WAIT DRS FOR MITCHELL. , ; '.;hv, 1 , WJ, . ;. ' '&Li' (By the A-isoclaled Pi'ass.) Wllkesbarre, Pa., Feb. 10,--A t sub-committee. Of the anthracite Scale committee composed ot district Presidents Fahey Dettt-ey and Nlcb cljs held a secret meeting todays' President Fahey said; thai the, subv committee would report - to the tull . committee later in the day,1 but, de-, dined io say what the nature of the report would be." II is sajl thaf the demahis to. be "presented t the dper- itors have been agreed upon and how await the endorsement, ot president ' Mitchell. 1 The national president has been kept informed dally of the work of the scale committee. j , . ' . jt-v.. ..." ..... '

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