North Carolina Newspapers

LAST EDirfcfe , ,,,,, 4.LL THE MARKETS. Full Leased Wire Service of the Associated Press. Leads all North Carolina Afternoon Papers in Circulation. THE RALEIGH - -. VOLUME 27. RALEIGH, N. C, Y, SEPTEMBER 24, 1906. PRICE 5c EVENING TIME 8 -t j i- vn JUDGE WEBB GRANTS THE MANDAMUS FOR PROHIBITION ELECTION Says Aldermen Knew What the Petitioners Wanted, Prohibition 10. S. J. BEITS WINS THE SECOND ROUND E.v-Jnstlce W. A. Montgomery of th Supremo Court tar Hey. S. 3, Beit and Other Petitioners, and City At; torney Snow for the Hoard of Al dermen Appeal Taken to Su preme Court and Case Docketed This Afternoon So It Slay Be Heard Next Week And Not Go Over To Next Term. Judge James L. Webb this after noon construed the Watts law to allow an election to be called on thu nuestion of prohibition in a city in the position of Raleigh, that is, hav lng voted in dispensao without hav ing voted out saloons and over one- third of the qualified and registered voters desiring an election on prohi bition without the necessty of voting on the dispensary first and then sa loons In order to get it. Judge Webb granted the man damus prayed for by Rev. S. J. Betts and other signers of the petition for an election, and thereby orders the board of aldermen of the city of Ral eigh to call an election to determine whether or not there shall be pro Mbition in this city. Last June a petition was present ed to the board of aldermen signed by more than the required one-third of the qualified and registered voters asking that the board call an elec tion under the Watts act to deter mine whether or not prohibition should be established in the city of Raleigh. The petition was denied by the board on the advice of City Attorney Snow, whose opinion was that 'the petition was too indefinite and did not conform to the law, which says (section 7, chapter 25:1, Laws of l'&O'S; section 20U9, Revisal of 1!)05): "it shall bo the duty of the gov erning body of any city or town, upon the petition of one-third of the registered voters therein, who were registered for the precding munici pal election, to order an election to be held, after thirty days' notice, in any year in which tho petition may be tiled, except within ninety clays of any city, county or general elec tion, in time for the notice to be given as above required, to deter mine (1) whether intoxicating liquors shall be manufactured in such city or town; (2) whether bar-rooms or saloons shall be established in such city or town; (3) whether dis pensaries shall b3 established in such city or town. And any such elec tion may be ordered to determine any one or two or all of such ques tions, as the petitioners may desig nate in their petition. No such elec tion shall be held oflcner than once in two years." Rev. Mr. lictts and others of the petitioners retained Judge W. A. Montgomery and Col. J. C. L. Harris to light the case, and they applied to Judge Webb for a mandamus to com pel the board of aldermen to call the election desired. Today at noon the hearing was taken up by Judge Webb, who is here holding court and the arguments presented by u.Jdge Montgomery for tho petition- Judge Montgomery for tho petition ers and City Attorney W. B. Snow for the board of aldermen. Judge Montgomery contended I (l it it. was a matter of common sense and not so much one of law. The board knew, he said, what t,he peti tioners wanted, and that was the principal thing. Mr. Snow took the ground that the board was without discretion in the matter and could get its duty only from the act itself, that the pe titioners must ask for exactly what they want In the terms prescribed by the act, otherwise the board could not grant what they wanted. in announcing his Judgment grant ing the mandamus Judge Webb said "Mr. Snow, I am inclined to think the court ought to grant that man damus. A sufficient number of citi zens asked for the election, and It Is very evident what they mean, pro hibition as provided for by the Watts law, and 1 think the board of alder men know what that means. The other point as to the time of hold ing the election conflicting with the provision against such electon being held within ninety days of a general election, might be provided for. The aldermen are not compelled to call the election at once." Col. Harris said that their idea was. to withdraw the order until after the general election. "Draw up your order in accord ance with the judgment," said Judge Webb. Mr. Snow then gave notice of ap peal to the supreme court, and the judge said it ought to be passed on above. The case was made up on appeal straightway and goes up this afler noon so that it may be heard this term. Next week is the time for ap peals from this district. The Argument. At 12 o'clock Judge Webb took up I he hearing of the petition of Rev. S. .1. Betts and others for a mandamus of Raleigh to call an election in the city on tne questiou of prohibition as against dispensary. First Judge W. A. Montgomery read the complaint of the petitioners, to the effect that a petition had been presented on June 14 to the board of aldermen for an eleclion to deter mine whether prohibition should be es tablished in the city of Raleigh in uc: cordance with the provisions of chap ter 233 of tho laws of 1903, that said petition was signed by more than the required one-third of the qualified and registered voters of the city reg istered at the last preceding election, that the board had illegally refused to grant the election, and a man damus was prayed to compel the board to order such election. City Attorney W. B. Snow read tho answer of the board, denying that it had illegally refused to order an elec tion, but that it was unable to do so because it was not its dt ty according to the law involved. It was admitted that the petition contained a sufficient number of names of qualified and registered voters. Judge Montgomery. Judge Montgomery in his argu ment, said that precedent would not he!;i much in this mailer, so far ; he could see. If there was anything In this ques tion but a dry one of law be did not know it, and if there was anything of feeling or sentiment or any other purpose othfer than the one appear ing on the face of it, he was j not aware of it. As for himself, ho would sav he had boon a prohibitionist all his life and could not for his part effuse to sign any petition for prohi bition. After giving a bi ief summary of the laws of this state regulating the safe of liquor, Jtulgj Montgomery said the Watts law seemed to be in tended as an Improvement upon the old local option law by limiting the manufacture as well as the sale ot spirituous liquors, and that the Ward law was designed as a still further restriction of the manufacture by limiting it to incorporated towns of over 1,000 Inhabitants. The board of aldermen, said Jut1 go Montgomery, had declined to order the election for two reasons, first be cause the statement was so general and Indefinite it meant nothing that it did not comply with the terms of the law; second, that, the election, if ordered now, would fall within ninety days of tho coming general elections in the state. Judge Montgomery read from the old code to show that the terms "pro hibition" and preventing the sale of spirituous liquors" were one and the same and had been so considered. The only kind of statute in this state that must be strictly construed, argued Judge Montgomery, were the penal statutes. If tho position of the other side was correct. It would be Impossible for any honest man of the ordinary people to get a hearing on this question without employing a lawyer to watch It from start to fin ish. He could not think the legisla ture intended any such thing. It could not be denied that the pe titioners had pointed out to the board of aldermen what they wanted, but the city officials had hid behind the strict wording of the act, although they must have known what the pe titioners wanted. Suppose if tho petitioners had nsked that the dispensary be voted (Continued on Sixth Pago.) HIS UNIFORM HONOR'S BADGE So Declares Roosevelt of the Soldier A SUIT 80 INSTITUTED The President Gives $100 Toward Its Prosecution It is to Test the Legality of Excluding Soldiers in Uniform From places of Public Amusement. (By the Associated Press.) Oyster Bay, N. Y., Sept. 21. rresident itoosevelt has contributed $100 to be used by Rear Admiral Thomas in a legal suit instituted re cently at Newport, R. I., to determine whether or not a man be excluded from a public place of entertainment because he wears the uniform of the United States army or navy. President Roosevelt today made pub lic the following letter which he has sent to Rear Admiral Thomas. "Oyster Bay, N. Y., Sept. 21, 1906. "Dear Admiral Thomas: "T enclose $100 to be used in that suit, which thanks to you lias been so wisely undertaken, to test the legality of excluding any man from any pub lic place of entertainment because he wears the United States uniform. I feel that it is the duty of every good citizen to endeavor 'n every shape and way to make it plain that he regards the uniform of the United States army and navy just as much when worn by an enlisted man as when worn by an officer, as a badge of honor and there fore entitling the wearer to honor so long as he behaves decently. There Is no finer body of men In all our coun try than the enlisted men of the army and navy of the United States, and I cannot sufficiently express my indig nation and contempt for any man who treats his uniform save with the re spect to which It is entitled. If a man misbehaves himself, then matter what uniform he wears he .should be dealt with accordingly; but the tact of wearing the United States uniform should be accepted as presumptive evidence that the man who wears it is all right ;any discrimination against the uniform as such is more than pre sumptive evidence that the man thus discriminating is all wrong. "Sincerely yours, (Signed) ' "THEODORE ROOSEVELT." Rear Admiral Thomas is reported to be paying half the expenses of a suit for $500 damages brought by Chief Yeoman F. J. Buenzle against the Newport Newport. Amusement Company of on the ground that In- was excluded from a. dance hall while in uniform. Buenzle is on duty at the naval training station at Newport. The suit will not be tried until October L'd or later. PLANS FOR LIBRARY AT THE UNIVERSITY (Special to the Evening Times.) Chapel Hill, N. C, Sept. 24. The plans and specifications of the new University library have been completed by Architect Frank P. Milburn, of Columbia, S. C, and are expected here any day. Upon their arrival they will be submitted to a number of contrac tors who are anxious to make bids. The building will cost $50,000, and Mr. Andrew Carnegie stands for the price of It, his one condition being that the University raise another $50,000 for its maintenance. The last has been done by friends of the University, and tho money is all In. It is being erected none too soon; the present one is al ready crowded by the forty-odd thou sand books in the University library. At the next session of the legislature the University will make an attempt to secure an appropriation for several badly needed buildings. Among these aro a medical building, an Infirmary and a building for dormitories and lecture rooms. SHE PAN SHOALS (Special to The Evening Times.) Wilmington, N. C, Sept. 23. With masts, rudder and rigging gone the Norwegian barge Launberga was brought Into Southport early Sunday morning in a leaking condition. Fri day night the Daunbega ran aground on Frying Pan Shoals. She is lumber laden from Pensacola to Rio. She left the Florida port August seventeenth and was driven out of her course by the recent south Atlantic storm. WAITING ON HIGGINS Republicans Are Expecting His Decision No Develop Tending to Settle the Que! i of Who Shall Be Nom- mated fo rnoi Names of Bruce and., es Mentioned. (By the Associated Press.) Albany, ffT., Sept. 24. 1 P. M. Governor Higflns declines to be a candidate for le-nomination before the republican (KJlte convention Saratoga, N. Sept. 24 Delegates to the npnMp state convention which meet het-, tomorrow are arriv ing in large ntflKBers. Thus far there have been no dj'MBlopments tending to settle the question Of who shall be nom inated for governor, anil none can be looked for untlFGovernor Higgins an nounces his decision as to his candi dacy for a second term, Mr. Higgins had been expected to state his position early today, trit Instead it was an nounced that So decision would be made public until after a conference with Representative Paisons. chairman of the New Yofk county committee. Mr. Parsons, who was here ,has gone to Albany to inept the governor. In the meantime the availability o others who 'have been mentioned' for the nomination for governor is being discussed. Thofe Include M. Linn Bruce, lieutenants governor; Charles E. Hughes, who appeared for the state in the legislative Insurance investigation last winter, and Ex-Iileutenant Gov ernor T. L. Woodruff. HEARST MEN HAPPY Jerome All Satisfied of Convention's Work Democrats Gather at Buffalo to Nom inate Man for;Gow'ruor, and Bit tor Contest JWi: Be Waged Adams, Siilzer ai1 Gaynor Figure. 1 (B tho Aorated Press.) tuaV-. N. r&tf& S4,-The .doyBflrlL and preceding the democratic state con vention finds the party leaders still apparently as widely apart as ever as to the head of the ticket. A1' series of important conferences which ex tend far into ast night yere ad journed without nnv definitf conclu sion being reached. The Tammany and Kincs county delegations from Greater (New York will arrive today. Contrry to gen eral expectation the Tapmany cau cus will not be held tnight as at former conventions butflnay be call ed for tomorrow nightil'ter the first session of the convention has met and adjourned. The ptency of Tam many's 105 votes, prvided they are held together as usl can be seen from the fact that he membership of the convention P 450 and that only a majority is icquired to noun nate. Five candidates are most goner ally spoken of toay with an equal number more remotely mentioned as possible candidates, The supporters of W. K. Hearst already the nomi nee of the ldepcndence league, claim he has tbi largest number of instructed delesltes. District Attoiiey Jerome of New York has held ii number of confer ences with some of the arriving del egations, and lis followers, includ ing Mayor Mijtlellan of New York city, declare th?y are entirely satis- tied with the stuation. The friend of Mayor John N. Adams of Bffalo are conducting a quiet but efnost campaign in his behalf and ay they have met with much encotagement. Congressman William Sulzer of New Yorkcounty and Judge W. J. Gaynor ot'Kings have strong follow ings. PREFECT, WIFE AND GIARDS WERE SHOT ()y the Associated Press.) Tamfpv, Russia Sept. 24. Prefect of Police Toinushai, of BorlBsoglicbsk, the hime of Mill. Maria Splridonovo, who shot and killVd Chief of the. Secret Pollen Luzhenofffcy. was fired at and serlotsly wounde in a street here to dav by terrorist who also shot the prefct's wife aid two guards who were accompany! g them. The would- be assassins esclied " Viraa, Russia, men belonging military league ' ing among the t tured. Importan ept. 24. Thirty-eight the revolutionary ho have been work tops have been cap- letters revealing the In other garrisons league's wnrkind were seized. GEORGIA MOBS STILL LYNCH Negro's Body Found on Limb Near Atlanta Today CAN'T ESTIMATE DEAD City Is Quiet After Reign of Blood Saturday Night, But Sixteen Mili tary Companies Are Still On Duty. Latest Victim Merely Charged With Disorderly Conduct . (By the Associated Press.) Atlanta, Ga., Sept. 24. The body of Zeb Long, a negro, was found hanging in the woods earl thia morning about half a mile from Fast Point, a suburb X miles south of At lanta. Long was locked in the Fast Point jail charged with disorderly conduct. The jail was broken into Shortly after midnight and Long was taken to his doom. The usual mys tersy surrounds the affair. It is not known yet whether Long was sus pected of any connection with any of the recent assaults on white women. Tho situation this morning in At lanta on the surface is quiet. The authorities believe that they have the city under control. Last night passed without serious disturbances, although many people were on tho streets until late hours. The total number of dead is extremely diffi cult to estimate. The bodies of those killed in connection with the riots of Saturday night, have been prepared for burial. It Is reported on seem ingly good authority that several bodies have been taken away for it Is. equally probable that some deaths have not been re ported to the police or other authori ties. The exact number of dead is not likely to be known for some days. Various startling rumors of trou ble have been brought to the news paper offices, but nine-tenths of these have been proved absolutely with out foundation, and in other cases marvellous exageration was shown. Sixteen companies of state infan try are on duty here and will be kept for some days. The entire city is being patrolled, even to the limits of the residence sections. The outlook this morning, therefore, is encourag ing and the passing of last, night without serious trouble is consdered a hopeful sign. Part of Troops Withdrawn. Tho local situation this afternoon seems more favorable than at any time since Saturday night. The au thorities have dismissed and sent home all outside military companies excepting those belonging to the fifth regiment. This leaves one full reg iment in charge. Troops have been withdrawn from the streets until night, excepting that guards have been posted at. the harware stores to protect them from possible raids for fire arms and ammunition. The saie of fire arms and ammunition has been ordered stopped. All the sa loons have been closed until further orders. The lynching of Zeb Long, a ne gro at Fast Point, eight miles south of the city, has boen the only event oi excitement today Long was ar rested yesterday charged with disor derly conduct. He was heavily armed and when arrested he made a hard fight against the officers. He was taken from the East Point jail after midnight and hanged in the woods half a mile from the centre of the town. The particulars of the af fair have not been ascertained as no one will admit having been connected with the lynching. Long, so far as known, was not suspected of having assaulted any white woman. The feature of the situation Is the scarcity of negroes usually employed about the city. The telegraph com panies are advertising for white de livery clerks; the postofflce is ex periencing great difficulty in sending out special delivery mail. Although negro drivers are seen on many wa gons, many such vehicles are handled by whites . Domestic servants are frightened, and an exodus of large proportions of negroes from the city is reported. The authorities, how ever, believe they have the situation well in hand. SHIP STRUCK BY A (By the Associated Press.) San Francisco, Sept. 24. The Exam iner says: By a miracle the Pacific Mail steamer City of Sydney escaped wreck In a hugh water-spout off the Mexican coast near Aculpaco last Sunday morning. As it was, the water-spout struck the stern of the ship, wresting away the stanenions and awnings and terrorizing the passengers, who were awakened by tne strock of the hurling waters. Yes terday the City of Sydney reached port and those on board told of their expe l ienee. It was shortly before 4 o'clock in the morning that the water hit the ship Unnoticed by the lookout because of the darkness the column of water sud denly loomed up within a few feet of the stern with the rapidity of the whirl wind. AT NIGHT IN STREET (By the Associated Press.) Pittsburg, Pa., Sept. 24. The body Of Frank Hlcna, an Italian, aged 34, was found about 7 o'clock this morning lying In the street In front of 4003 Lau rel avenue, Bloomficld district, in this city. There was a seven-Inch knife wound in the abdomen, and it is the belie! that Rlcna was murdered during th night, as the body gave evidence "f several hours' exnosure to the air. T.ie killing Is a mystery and the police are under the impression that It Is a "black hand" murder. No noise was heard during the night in the neighborhood where the body was found, and there was no sign of the weapon used. The body was removed to the morgue and the police are making an Investi gation. Ricna was a well known character about Bloomfield and Is said to have been of a quiet disposition. A SCORE OF 00D1ES FOUND IN THE RUINS (By the Associated Press.) San Francisco, Cat., Sept. 24. An other tragedy of the great fire of April IS has been 'nought to light through the finding of a score of human bodies In the ruins of a lodging house at Fifth and Minna streets. The lodging house which was a four story frame building was tossed bodily Into Minna street in a heap by the earthquake, and Immediately took fire. It Is said that the fire south of Market street originated in the house. Fifty persons were In the place at the time of the earthquake, only seven of whom have been accounted for Mrs. Murray, the landlady, has never been heard from by friends, and it is thought that her body is among those found. She is said to have a wealthy daughter in New York City. OVER AN INCH OF RAIN IN 10 MINUTES More rain fell yesterday than on any other day this season during the same length of time. Director Thics sen of the weather bureau here says that two and three-hundrejths Inches fell in the 24 hours, and over an inch in ten minutes. One September day in 1901 2. 08 fell in 24 hours, and in 1904 there was a fall of ::.04 in a day in Sep tember. On the day in 1901 spoken of 2.21 inches fell In one hour. In one hour yesterday 1.27 inches fell. YOUNG MEN DRIVE A HORSE TO DEATH. (Special to the Evening Times) High Point, N. C, Sept. 24. A care less bicycle rider here yesterday after noon came very near getting the life stamped out of him by a horse. The fellow had just come alongside of a Mr. Tomllnson. who, with his wife, was driving up Main street, when his wheel darted under the horse's feet. The ani mal reared its fore legs and came down on the bicycle, smashing It and missing the boy's head only by a hair's breadth. The fellow finally emerged from his awful predicament, bruised somewhat, but wiser. Two young men engaged a team from a local liveryman Saturday night and drove to Winston. They returned last night, and in ten minutes after arriving at the stable the horse fell dead frdm over-driving. The parties got away quick soon after returning the horse, seJ ,o-j but the officers think they will be cated today. MURDERED NEW YORK PLAYS STAR POLITICAL The Fight of Factions Draws AH Eyes HIGH MEN INVOLVED With Hearst and Jerome Playing for First Place Among Democrats, Higgins and Odell Among Repub licans, the President ami Tam many in Fight, the Twenty-flfth Looks Warm. (By the Associated Press.) New York, Sept. 24. The deter mination of both of the old political parties in this state to hold their state conventon on the same date this year is in its way Indicative of the unprecedented situation the po litical affairs of this commonwealth. It is a situation which has attracted the Interest of the entire country, and is looked to to have an effect upon the presidential campaign of two years hence. The situation in volves men of national political re pute, and President Roosevelt him self has let his Influence diplomati cally be felt though ostensibly keep ng "hands off." Three in the Field. Both republican and democratic parties are torn by factional dis putes. With these internal dissen sions afflicting the old parties, a third political party has been launch ed under the title of the Independ ence League. This league, which now has completed its organization in every county of the state, is the outgrowth of the Municipal Owner ship League which made the mayor alty tight in New York city- last No vember with William Randolph Hearst, the congressman and news paper proprietor at the head of the ticket. Mr. Hearst fell short of elec tion on the face of the returns by some 2,000 votes. He contested, but the ballot boxes have never been opened. A petition to the supreme ourt to burn the ballots was recent ly made by the corporation counsel. Mr. Hearst resisted this move and was sustained by the court with the indeistanding that Mr. Hearst would furnish at hts own expense the new ballot boxes needed for the local prl naries and the regular election in November. The republican state convention is o be held at Saratoga, beginning Tuesday, September 25th, and will continue probably through Wednes day. The democratic state convention is to be held at Buffalo, beginning the same day and continuing through Wednesday or until a nomination has been agreed upon. Former Governor B. B. Odell, Jr., as state chairman, will call the re publican assemblage to order. Cord Heyer, of New York, Is the chair man of the democratic state commit tee, having been elected to that po sition for the Parker and Herrick campaign two years ago. The democrats were first to choose i convention date. The republicans had apparently been undecided as to whether they should meet before or after the democrats. Chairman Odell called the state committee together soon after the democrats had an nounced their decision and the gor dian knot was cut by a decision to meet simultaneously with the demo crats. It was argued that If tne democrats met first they would place the republican administration the de fensive, whereas if the republicans met first the democrats would be in a position to attack the platform in convention and get a good supply of political ammunition before the pub lic through the medium of conven tion addresses. Hearst and Jerome. The democratic convention prom- is'es to be one of the liveliest ever held in thi3 state. Mr. Hearst's name will be plaoed before It by the dele gates who have been Instructed to vote for his nomination. Mr. Hearst, is likely to be attacked by his oppon ents on the ground that he Is the head of an "outlaw" ticket and that he cannot be named or endorsed without turning the democratic party over to the neWly organized Independence League, wllleh Includes both democrats and republicans in its membership. These Tines of bat tle have already been laid down and there Is no need for conjecture1 on the point. Just what effect the mim ing of' a complete ticket by the In depenohbe League will have upon the ' fusion movement suggested by (Continued on Page Seven.) itHtftlU'-Jiifl