North Carolina Newspapers

Pull Leased Wire Service of the Associated Press. ... r Leads all North Carolina Afternoon Papers in Circulation. ) 3 1 LAST EDITION. ALL THE MARKET Toial THE RALEIGH EVENING G VOLUME 27. RALEIGH, N. C, WEDNESDAY, MARCH 28, 1906. PRICE 5c. SIX ITALIANS DEAD IN FIGHT WINDER'S PLAN AS SUBSTITUTE senator knox says present Irate bill is unconstitutional TO TIMES. Vice President New York life Charged With Crime in First Degree THEN FILED PETITION FOR HABEAS CORPUS The Warrant Was Issued By Mngis' trate Moss and Arrest Was Made Hy a Detective From District At' tornoy's Office. Case, However, Oops To Supreme Court, Which Is Not the Court of Last Resort. Sensational Turn In Insurance Scandal, Clinrge: Having Reference To Campaign Contributions To Re publican Party. (By the Associated Press.) New York, March 28. George W. Perkins, former ly vice president of the New York Life .'Insurance' -Company, today was arrested on a warrant charging grand larceny in the first degree. The warrant was issued by Magistrate Joseph Moss. Before he was arraigned his counsel applied to Justice Greenbaum in the supreme court for a writ of habeas corpus directing the produc tion of Mr. Perkins before Justice Greenbaum. The writ was granted. This proceeding takes the ease from the jurisdiction of the magistrate arid panics it directly to the supreme court, which, however; is not the .'highest court in the state, there being an appel late division and a court.' of appeals still higher, to which the case might be appealed. Mr. Perkins was arrested by a detective from the ot'l'-ce of the district attorney. When Magistrate Moss ad journed his court at noon ho said he was waiting for Mr. Perkins to be brought before that court, but he had not appeared. In the petition in whu ii Mr. Perkins asked for a writ of habeas corpus he declared that he is "imprisoned and restrained of his liberty" by the detective and that he is not committed by judgment of any tribunal. In his petition Mr, Per kins declared also ithat his imprisonment and restraint are illegal and that the war rant is void in that no evi dence of any crime or .act justifying his arrest had been submitted to Magis trate Moss, -and that the magistrate was without jur isdiction to issue the war rant. .... Appended to the petition is a copy of the warrant is sued by Magistrate Moss which sets 'forth that upon information- made before him today "one George W. Perkins did commit the crime of grand larceny in its first degree." When Mr. Perkins ap peared before Justice Green baum, his counsel, Mr. Dela field, asked leave to demur to the writ, and that argument! be postponed. Justice Green baum agreed, and argument upon the writ was postponed until next Friday. TEST LEGALITY CAMPAIGN (By the Associated Press.) New York, March 28. George W. Perkins, member, of the firm of J. P. Morgan & Compnny and formerly vie president of the New York' Life In surance Company, was technically placed under niies .today in the pro ceedings which District Attorney Je liimc begun to lest the' legality of political contributions by insurance companies. The warrant was issued upon 'informal ion presented to Police Magistrate- Moss, and the .allegation upon which It was issued was based mi the transfer of S4K.TU2 of the funds of the New York Life Insurance Com pany lo Cornelius N. Jtllss, treasurer if the republican national committee in I'tOI, in which it Is ; charged that Mr. Perkins received the. money from the insurance company . and paid it over to Mr. Bliss. Immediately after his arrest, Mr. Perkins through his rour.se!. Lewis A. Dclafield, secured a writ of habeas corpus from Justice flreenbaum of the supreme court by which Mr. Perkins was released from custody and the case was taken direct to the supreme court. Argument on this writ was adjourned until Friday next. Mr. Perkins was taken Into custody while in the office of his attorney by a detective from the office of District Attorney Jerome. He did not appear before Police Magistrate Moss, who 'bad Issued the warrant, but went di rectly before Justice Greenbaum. There the district attorney recited the legal steps that had been taken, but did not go into the charges against Mr. Perkins. Mr. Delafleld, however. declared that the offense charged against Mr. Perkins was purely tech nical, and asked for a postponement of the case. He described the payment I of the $4x,702 by Mr, Perkins to Mr Bliss in 19(14. and said that the pay ment had been authorized by John A. McCall, the former president of the New York Life Insurance Compariy.1 The arrest of Mr. Perkins and the subsequent Issuance of the writ of habeas corpus will Jiave .the effect of having the highest courts of the ntnle pass upon the legality of cam paign contributions by insurance com- TWO BLOCKS BURNER Auburn, N. Y. Visited by Destructive Fire Chief Engineer of Fire Department Severely Injured and Several Klre lneu Overcome By Smoke Loss Put at $175,000. (By the Associated1 Press.) Auburn, N. Y., March 2S. Fire last night destroyed two of the finest busi ness blocks in this city, with a loss: of jnn.OOO. . The fire started from some un known cause in the basement of the temple court block, which was occupied by the E. N. Ross Grocery Company. The smoke was so dense that the fire men had to fight the flames from the outside. ' The fire .'communicated through the basement to the Columbus block adjoining, spreading to the top stories. Chief Engineer Jewhurst of the Au burn department was severely injured, and several firemen were overcome by smoke. The buildings were owned by Cole D. Metcalf. The loss of the Ross Grocery Company is $30,000. and the building $110,000. HUNDREDS HOMELESS BY AWFUL FLOODS (By the Associated Press.) Waterloo, la., March 28. The water in the Cedar River rose over eleven feet last night, and early today broke the west levee and Hooded the business district of Waterloo. Hundreds of Island tracks were washed out for half families were rendered homeless. Hock Island tracks were washed out for half a mile and all railroads are tied up. Cedar Falls reports a similar disaster, and 200 families there were rendered homeless. Bridges and dams were also wiped out. At 7 o'clock the wa ters came to a standstill, and danger for the present is believed to be over. Two Serious Charges. (Special to The Evening Times.) Greensboro, N. C, March 28. Yesterday afternoon policemen here arrested a negro supposed to be John Lynn, wanted at Liberty, on t,he charge of stealing a horse and burn ing a barn belonging lo his uncle. OF THOSE CONTRIBUTIONS panics. Much attention was directed to 'this mailer at the recent legisla tive insurance Invest Igatton, ami it was shown that several of the large companies on more than one occasion had contributed to such funds. Mr. Perkins, In his own testimony before Iho legislative Investigating committee, testified as follows concern ing a check signed by Treasurer Ran dolph, of Ihe.New York Life Insur ance Company, calling for lh; payment of $,7IK to J. P. Morgan & Company. "That was money." said Mr. Per kins "paid to Cornelius N. Bliss- on account of the republican national comimtieo campaign fund ol last year. We had agreed to pay him $511,0(10 as LPhl'1 much as that Mr. McCall hud if hefran i.-ltli.l lr .,.. 1. wished it. That was ad h - finally called for, and it was paid n that way as cash lo him. "Mr. Riiss made various calls from time to time for amounts which I paid myself, and when, the accounts were made up toward llie end of the year this amount was the amount found (o be due, and that amount was paid back to me. It was not paid lo J. P. Morgan & Company but to me. I had personally' advanced the 'money. "This check for the campaign, drawn to the order of J. P. Morgan & Com pany has no significance whatever. The money was ordered paid by the pi csidcnl." In his argument before Justice Greenbaum' on the writ of habeas corpus Mr. Delafleld declared that the by-laws of the New, York Life Insur ance Company permitted President McCall to make the political tfontti butlun. alleged, and that he submitted II to the finance committee of the com pany, which approved of it If any offense has been committed hy Mr. Perkins," said Mr. Delafleld, 'then the honored names of the men who composed that committee are equally Involved with that of my client." .,- ...'".. ; The attorney also staled "that Mr. Perkins had made a full statement of the entire matter to District Attorney Jerome, and "supplied him with, the testimony h needed." Mr. Perkins was paroled In custody of his counsel. ... TROUBLE IS FEARED Threats of Resort to Shot guns in-Buncombe It is All Over so Acres of Land Worth Less Than $200 Court Costs in Hemphill Case Already Over $1,500 Xcarly Kvery Citi zen of Ileenis Crock Section Has Taken Sides. (Special to-The Bvening Times.) Asheville, N. C.,' 'March' 28. The winnnig of the land suit of Hemphill vs." Hemphill by the defendants means the continuance of ' strife be tween many kinspeople in the Reerns Creek section of this county. At the last trial the plaintiffs won. Now the case will ngaln go to the supreme court. The suit was over a boundary line dividing the lands of old man An drew Hemphill between his heirs, made many years ago. The trouble arose by virtue of the fact that An drew Hemphill neglected to make deeds and delne the lines, the chil dren simply agreeing upon a division and marks. Now the heirs are con testing. The disputed land is less ihan 30 acres and worth less than $200. The costs in the case have already amounted to more than $1,500, and, in the language of one of the citizens of that section, the side that lost the suit Is ruined and the side that won it is in a mighty bad way. It is said that practically every citizen of upper Reems Creek has taken sides one way or the other. A relative of the plaintiffs was heard to say that if the defendants won the plaintiffs would defend the disputed land with shot guns. While the suit was pending in court the plaintiffs built a wire fence around the few acres In dispute, con structing the fence one night. "The next day the defendants cut the wire all to pieces with clippers. Another time a log house was built on the land by the plaintiffs or their friends, and this house the defendants tore away in short order. Appears to be Work of Black Hand or Mafia PRE TERRIBLY CUT kmc of I ho Wounds llecp Kihiugli to Be Fatal, and the Injured Men Must Have. Blond To Death Faces Were Mutilated. (By the Associated Press.) Minneapolis, Minn., March 2S. The bodies of six Italians covered with blood and terribly hacked with knives, e found by the police in an old me building at 2lS Tenth Avenue, south, conducted as a laborers' lodging house. Four of the bodies were found in a first floor room In which Were a. number of cots. The floor, I he cots and the walls were splotched with blood, and a bloody trail led into the cellar, where the police found two more bodies. It Is believe! that the men are vic tims of a fight last night in which twelve men took part. The building where the fight occurred is owned by H. Magnusson, a country produce ped dler. He rented the place to nine Ital ians, who were gone most of the day, but were together every evening. It Is believed that the nine men con stituted a "mafia" or black hand or ganization. They brought three others to the lodging last night. After midnight six men were seen to leave the house The police had heard noises, but thought it was only a little ilght and paid no attention to it. : This morning an investigation was started. A policeman broke open the door and discovered what had hap pened. Blood lay In pools all about the room, so that, he policeman bad to step into the blood to get to the bodies. . The officer ran t; the street for help and returned for further examination. He found three long black-handled knives beside the bodies, the blades bloody . The murderers had evidently let the injured bleed to death, for the wounds were not deep, but rather long slashes. Revenge for some wrong must have been the motive, for the bodies were j i horribly and evidently systematically ' cut. The slashes run lengthwise along j the bodies. Tile faces were mutilated. J None of the wounds was deep enough j lo be fatal, but the loss of blood must I have been frightful. The faces were cut and slashed into strips and slices. In a tin box found on the floor of the first floor room was found a check for $373, made out to Nilo Demtri. The box also contained $300 In Italian gold pieces and $100 in American currency. The room contained several satchels. One satchel was marked Nicolo Demtri and contained a complete set of vest ments of a 'Greek Catholic priest, even to the costly mitre and robes. In this satchel were found passports in Turk ish, Creek and French. Addressed Demtri were, also found letters as follows: "Lincoln, Ills., Box 34.r,; Chicago, Ills., 315 Austin Avenue and New Salem, N. D." :'.'.:- An address of Kcrslen Rnvko, New Salem, N. I)., was also found. "'.'Another satchel with similar vest ments and garments was found labeled Carsco Demtri. Other satchels were marked Dakon Capon! and Sami Yesjnii. .. The police believe that the victims were lured to the spot and then told that they must die. A fight was start ed and during the fight not only the three victims but three of the assail ants were killed. Itobbcry was not the motive, for the money was left untouched, and the vic tims all had small amounts on their persons. ' - . The nine men who rented the place were mysterious in all their move ments during the two months of resi lience in Minneapolis. They stayed up all night Monday night, but Tuesday there were no Jights In the place, despite the fact of the presence of the three extra men. WISCONSIN SUSPENDS FOOTBALL FOR YEAR (By the Associated Press.) Chicago, March 2S A dispatch to the Record-Herald from Madison, Wis., says: The athletic committee of the fac ulty of the University of Wisconsin has voted to recommend the suspen sion of football for one year, and to allow baseball, track and crew ath letics to continue if they are self-sustaining. The announcement of the de rision was not favorably received by the student body, and a demonstration was made in disapproval of the action. Miners and Operators Con sidering it Again DEADLOCK CONTINUES There Wore No Indications at Indian apolis Conference Today That Coal Strike Could He Averted Final Kft'ort Being Made to Restore Har mony Among Warring Factions. (By the Associated Press.) Indianapolis. Ind.. March 2S. The joint conference of the bituminous coal operators and miners of the central competitive district met today in what was generally understood to be a final effort to reach an agreement on the wage scale in Illinois, Indiana, Ohio, and western Pennsylvania. Since the adjournment yesterday no move has been made by either side, and the deadlock apparently was as firm as at any previous lime. There were no indications that a strike would he averted. G-. W. Traer, the chairman, announced that the question was on the substitute motion offered by J. H. Winder to reaf firm the present wage scale with con ditions as they existed when that scale was adopted, the miners to pay the cos; of mining, loading, shooting and tim bering. An Ohio delegate spoke briefly In re ply to a statement made yesterday by Mr. H. L. Chapman of Ohio, regarding local conditions In Jackson county, Ohio. A. J. Moorshead of the Illinois operators, spoke first for the operators. He said the operators would be pleaseo ot pay the miners an Increase In wages, but It was a business impossibility at this time. ' THE SOUTHBOUND RAILWAY HOPE. (Special to Th 3 Kvening Times.) Lexington, N. C. March 28. For the steenth time those in authority tell us that the fondest dreams of Lexington and Davidson county the construction of the Southern Railway from Winston to Wadesboro is about to be realized. Our people have voted $ir.0,000 bonds for this road and are anxious for it to be built. Mr. O. IT. P. Cornell, chief en gineer for the road, has been here re cently and has given assurance that: the thing will be done. Along the line of the road $37,C00 or bonds have been voted, and there is considerable feeling that "home folks" might build the southbound in the event outsiders fail ed to assist. Mj'. George W. Mont castle, president of the Bank of Lex ington is now a director of the road. DESK FACTORY FOR LEXINGTON. (Special to The F.vening Times.) Lexington, March 2S. A desk factory Is. to 'be. added lo Iexington's rapidly increasing number ot industries. For the purpose of organizing a company to start such an enterprise, Mr. Thomas Williams of Now Jersey is in town and is now engaged in closing up a deal whereby a concern with a paid in cap ital of $40,000 will be formed. Mr. Wil liams is a man of means and business experience. He is a Lexington acqui sition by reason of the advertising Lex ington has been doing for some time past, and was secured through the ac tivity of a live board of trade. NEW FOURTH CLASS POSTMASTERS. (By the Associated Press.) : Washington, March 28.-The follow ing North Carolina fourthelass post masters have been appointed: Iting wnod. Carey A. Willanis: Spring Creek, Clarence A. Ferguson; AVitdeville, Laura .1. Hurley: Wlnthrop Mills, Len uic F. McCahe; Zephyr, Mary A. Snow. DIED TRYING TO SAVE HER MONEY. ..; (By the Associated Press.) New York, March 28. Mrs. Emiline fiigen, an aged feeble woman who vondueted a little millinery store in Jersey City, lost her life today m an effort to save her money when the Btore caught fire. A fireman who en tered the blazing store found the life" less body of Mrs. Rigen lying on the counter with one hand in the cash drawer. PERISHED WHILE FIGHTING FIRE. (By the Associated Press.) Scranton, a., March 28. George Barney and George Isock were burned to death last night while fighting a fire at the Dodge Colliery. Their bodies were found today. . L. GIVEN DIVORCE (By Hie Associated Press.) New York, March 2S. Brodie L. Duke of Durham, N. ('., a relative of the president of I he Anglican Tobacco Company, today was granted a divorce from Ills wife, Alice Webb Duke, whom he married in this city December 'lit. llin-l. When the' ease was ca'led for trial yesterday, counsel lor .Mrs. Duke did not, appear, and witnesses were ex amined fur the plaintiff. Justice Blnnehard ordered a scaled verdict, which 'was rendered today. Mr. Duke's marriage to Alice Webb was followed by a series of sensational events, in which an unsuccessful effort was made by relatives of Mr. Duke lo have him placed in an asylum. LET ARIZONA AND NEW MEXICO DECIDE (By Hie Associated Press.) Washington, March 2S That the senate and house will reach a com promise agreement on the statehood bill which will permit Arizona and New Mexico each to decide for them selves the question of their admission as one state seems a correct conclusion from present indications. The conferees met today for the sec ond lime, and while the session was devoted to what are termed the minor amendments, there are indications that a basis of agreement on the chief question is suggesting Itself naturally, and will result in the restoration of Arizona : and New Mexico to the bill with the Foraker amendment, and in quiry among the senators who opposed the original litfuse bill Indicates that they will accept this compromise. CAPT. JONES TAKEN TO PENITENTIARY (Bv the Associated Press.) Norfolk, Va., March 28. Captain E. W. .Tones, of the Virginia National Guard, convicted of the murder of Maud Cameron Robinson, formerly of Selma, N. C, whose head it was alleged lie almost severed with a razor, which he afterwards used in cutting his own throat, was today carried to Richmond to begin his prison sentence of eighteen years. Jones was carried to the penitentiary with a dozen other prisoners. His dishonorable dismissal by Governor Swanson from the military service of the state reached here several A HANDSOME STABLE BURNED. (Special to1 The Kvening Times.) Salisbury, N. C, March 2S. The fire company was kept much in evi dence yesterday. The. handsome barn belonging to Capt. E. B. C. Huiubley caught about 4 o'clock and was destroyed within half an hour. Nobody knows how it began. The usual accusations are being made against the ubiquitous boy and the everlasting match.. Neighbors re sponded promptly to the fire call and managed to save the horses and the carriage, but. all rough feed, the wooden frame and roof were lost. The stable was built of Rowan gran ites and cost about $4,000. At least half of Ihis was lost hy the fire. Both fire companies did splendid work and managed to check the blaze before it grew larger. The stable was the handsomest in the city, and there is loss to Mr. Ham bley's great green yard where there was so much walking and running during the conflagration. ROBBERS' GAG WAS FATAL (By the Associated Press. Chicago, March 28. A dispatch to the Record-Herald from Mendota, lit., says: Mrs. Ellen Fuller was found dead yesterday at Earlville, 111., 11 miles east of here. Robbers had entered her house, in which she lived alone, bound and gagged her and ransacked the place. The thieves left a note outside the house, stating that their victim was bound, and asking that she be liberated, but relief did not come in time to save her life. BR0D1E DUKE Confers No Right of Review Whatever Upon Initiative of the Carrier UTTERLY FAILS TO Provides Xo Method fop Direct Pro ceeding Against Commission Parties ., Aggrieved Cannot Defend Themselves So Heavily Penal izes Disobedience of Commission's Orders ($5,000 a Day) As to Make Attempt to Secure Judicial Hear ing Impractical. (By the Associated Press.) Washington, March 28 W)hen the renate met today Mr. Lodge offered an amendment to the railroad rate hill making it apply to pipe lines for the transportation of oil. Mr. Daniel presented an amendment to the same bill, making railroads liable for damage to employes. Mr. Tillman presented his dally com plaint of discrimination by railroad companies. The complaint in this in stance was against the Kanawha and Michigan Railroad Company and the Hocking Valley Railroad in West Vir ginia, which it was declared had pre vented the development of other mines than their own. The resolution presented yesterday hy Mr. Tillman, calling upon the In terstate commerce commission for In formation relative to free transporta tion, including tickets issued to news papers in pay for advertising, was passed. wlthiWt opposition. mi, ,. i. : i . .1 .... . .. Ltn ...!... iiic luiuuau laic um wua iillcil lant'u up, and Mr. Knox presented his--vlews. This was Mr. Knox's first sustained effort In the senate, and he was ac corded close attention by a well filled chamber. Mr. Knox said he agreed with sena tors who contended that the power to tlx railroad tolls for transportation is a legislative power and that when the legislature had laid down a rule for the establishment of rates the application of such a rule to specify cases is a mat ter of administration which may be del egated to a commission; and that the power to investigate the reasonableness of a proposed rate and to fix a rate for future observance, Is a non judicial power which can not be conferred upon courts exercising the judicial power of the United States. He declared his bill introduced several weeks ago compre hends and deals with the mischiefs for which congress Is seeking a remedy mor effectually than any measure yet brought to the attention of congress. The pur- . port of the Knox bill was explained briefly by its author. He elaborated on the fifth section of the bill, which pro vides for a review by the courts of or ders o the commission. Warm praise was bestowed by Mr. Knox upon the men who prepared the pending bill, but he said he was sin cerely convinced that as it now Btands "it utterly fails to accomplish their beneficial purposes, and, indeed, wholly defeats them." . He reiterated that he regards the bill unconstitutional and gave the following reasons: "First. It does not provide any method for challenging the unlawful ness of the orders of the commission In a direct proceeding against the com mission. "Second. It prohibits parties affected and aggrieved by the commission's or ders from defending proceedings to en force them upon the ground of their un lawfulness. "Third. It so heavily penalizes the disobedience of the commissions orders as to make any attempt to secure a judicial hearing in any form of pro ceeding impractical." Commenting on statements of Rep resentative Hepburn and Senator Dol liver and Clapp that the right ot review exists under the pending measure, Mr. Knox said that in several cases the commission is given the right to sue, but in no instance is there specific au thority given for suit against the com mission and he asked; "How can a commission administer ing a law of congress be sued with out the consent of congress?" Mr. Knox asserted emphatically that under the pending bill in no way can, an order of the commission be brought Into court by proceedings against the commission. He discussed at. length, from a legal point of view, his conten tion that the bill confers no right of re view, whatever upon the initiative of the carrier. After quoting a number ot court opinions on this subject, he said: "The conclusion seems inevitable that, unless some special method of pro cedure is provided for in the act which will afford to a carrier the right to have an order of the commission effect ively reviewed and dealt with by the (Continued on Page Two.)