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LAST EDITION. ALL THE MARKETS. Fdll Leased Wire Service of the Associated Press. Leads all North Carolina Afternoon Papers in Circulation. THE KALEIGH EVENING TIMES. RALEIGH, N. C, WEDNESDAY, OCTOBER 10, 1906. PRICE 5c. VOLUME 27. WHIRL OF SNOW BRINGS WINTER Ohio, Indiana and Kentucky Robed in White RECORDS ARE BROKEN Cleveland is Blanketed by a Cling ing Bobe of the "Beautiful" Fall of Pour Indies ut South Bend. The Mountains of Kentucky Are Empearlcd. (By the Associated Press.) Cleveland, ('., et. 10. A heavy wet snow driven by a high wind fell here today. The storm is the most severe since that of October f, 1902. and is general along the lake front. Louisville. Ky.. Oct. 10. There was a light fail of snow here today and in the mountain regions of Kentucky. This breaks all records for early snow falls in Kentucky. South Bend. Bid.. Oct. 10. Four in ches of snow fell here today. A snow storm raged for several hours at 11a Ifion 'arid other Indiana points, the son wf a II reaching as far south as Blooming ton. St. Louis. Mo., Oct. 10. Tins was the coldest October day ever recorded in St. Louis, the temperature being 34 degrees. On October 0. lS7.r. the next coldest day registered forty dc ireca Norfolk. Neb.. let. mercury dropped t making a new col point for so early ii in Last night the above zero, IT record for this the fall. It was Die Coldest October weather In 28 years. THE CAPTURE OF A WOULD DE WRECKER (Special to The Evening Times.) Hamlet. N. C. Oct. 10. Saturday night a train on the Gibson branch Hack ran into a rail some one had placed across the track, but no damage was done. Tracks showed that the would be wrecker was barefoot. About three miles above this point. Engineer Golden had put off a barefoot negro iio was stealing a ride. On his return trip he was running with .caution .and at a very slow speed when he struck tin rail. ThiS was the only thing that prevented a serious accident, Engineer Gordon caught the negro yesterday two miles i,nthc. country from Gibson and carried him to where the obstruction was put on the track and his foot prints tallied with those made by the person who hid pl.tced the rail on tile track. He was taken back to Gibson and locked up. Today he made a. confes sion and was brought to Hamlet by iKngiiicer Gordon ami committed to Jail by a magistrate to wait the next term of criminal court. His name is Murray Smith. OFFICERS OF ATLANTIC COAST LINE COMPANY (By the Associated Press.) Bridgeport, Conn.. Oct. 10, Al the annual meeting of the Atlantic Coast. Line Company of Connecticut, held here today, the following officers were eleeled: President. Michael Jenkins, Baltimore; vice president) Waldo Newcomer Directors: Henry Walters, New York: Michael Jen kins, Warren Delano, Jr., East Or ange. N. .1.: Waldo Newcomer, Alex ander Hamilton, Petersburg, Va.. and X. J. James. CROWDS ARE IN LINE EOR NOROICA SEATS There was a big crowd in line all the morning at the King-Crowell Drug Company store. They were the Hubst rlbers to the Nordlca grand con cert tr; ho given here on (he night of Friday. October 1ft, and they were on hand to select their seats. Many Indies were in line. Subscribers can secure their seats tomorrow . also, but after that all seafs not called for will be sold to others. This promises to be one of tie biggest events of Its kind ever in Baitigh, and perhaps the most suc cesBf t: i . LAST TROOPS FOR CUBA GO AT DAWN. (By the Associated Press.) Newport- News, Va., Oct. 10. The transport Admiral Schley sailed from this port today bearing the Seven teenth and Eighteenth batteries of mountain artillery. The City of Wash ington is loading the headquarters and first battalion of the eleventh infan try and will sail tonight. The last troops of the fust expedition will sail at daybreak tomorrow on the trans port Zealundia which will carry two sciuardons and tin headquarters of the 11th cavalry. The transport Patomac will sail tomorrow with animals and wagon trains. No orders have been received fie- other transports which are to entry about 2,ii00 animals re maining here. PLAGUE AND CHOLERA IN JAPAN AND CHINA (By the Associated Press.) Washington. Oct. 10. The marine hospital service has been informed through the state department of the appearance of plague at Osaka. Japan, and of cholera at Shanghai, China. The report in the first case from Consul General Sharp and in the second from Vice Consul General Boyd. Mr. Boyd states that the number of cases of cholera is unknown but that thirty seven deaths occurred last week and fifty the week before. Surgeon General Wyman regards the reports as serious, and has notified the health officers of the Pacific coast and in Hawaii to be on their guard. FROST HERE TONIGHT First Heavy Frost in Cotton Belt Last Night It Was at Memphis, Tennessee Light Frost at Charlotte Last Night. Wind Will he Lighter Here and Frost Expected Drop of 10 De grees in Kaleie.li. The first heavy frost in the cotton belt occurred Inst night, so Director Thiessen of the Weather Bureau here (old a reporter for The Evening Times today. It was at Memphis, Tennessee. In the twenty-four hours ending at 8 o'clock flits morning light frosts occurred at Charlotte, X. ('., Knox vllle and Chattanooga, Tennessee, and Oklahoma. In that twenty-four hour period the temperature dropped 16 degree:; at Raleigh, 2d at Wilmington, Ml at Charleston, 2d at Savannah and 22 al Jacksonville, Fin. The drop Was only 0 degrees al Oklahoma, and it grew great or as the wave moved east ward till the change was most severe on t lie coast. . Tonight, Mr. Thiessen says, there vil: bp frost in exposed places in Ral eigh and the neighborhood. This will be Hie second night with cleat slues, and the wind will he lighter if the high pressure area advanc e eastward, with the temperature about as it was last night. HEAVY SALES ON TODACCO MARKET There have been very heavy sales of tobacco on the Raleigh market every day for the past ten days. Farmers from several adjoining counties have sold at the two warehouses here. The prices have been very satisfactory and are going up all the time, notwith- j standing the heavy sales. There are good breaks today at both j houses, w ith prices on all grades of j leaf st long. The breaks are occurring every day j of the wee!. Up to Saturday late in the I afternoon. liKBEL GENERALS abe to ASK TAKT FOB OFFICE. (By the Associated Press.) Havana, Oct. 10. This being the thirty-eighth anniversary of the be-1 ginning of the Ten Years War for independence the day was observed! as a national holiday. The cele bration was not marked by any j great enthusiasm. It is considered significant thatj ihe rebels who served under Gen-: eral Del Castillo have been instruct-' ed not to sell their horses, and It Is j feared that Del Castillo has a wild j idea of enforcing his demand for a I position under the provisional gov-j eminent. Marriage License. ' Marriage license was issued today to Mr. James E. Brainjon and MUM Ola Belle Pool of Raleigh. I rilNTKM I1FTHF UU11II1UL Ul UIIj Government Should Exercise it, Says Garfield REFERS TO BANKING Says Benefit of Government Kcgula- tlon is Shown in the National Sys- tem IiUt Admits That This Rcfta- lation Might tto Improved ia Some Ways. (By the Associated Press.) Buffalo. N. Y.. Oct. 10. Governmental control of the corporations waij the subject which Commissioner James ft. Garfield of the bureau of corporations and Industries of the department of commerce and labor (those for his ad dress before the Westminster Club last night. Mr. Garfield said that organ ized labor was just as important a part of our organized industrial system as was Organized capital and that organ ized labor was now going through the same conditions which organized cap ital had gone through for fifty years. He said that he had found among the leaders as well as the rank and file of organized labor men who represented the highest type of American citizen ship and that because now and then" a dishonest or unprincipled found among them it was criticise all organized labor man was unfair to from the same view point. Mr. Garfield dealt at considerable length with the new rate bill which he said would throw light on the cor porate interests. It is now up to the government In continued, to see that experts are hired who will be able to go over the hooks of the railroad companies: men who will be able to trace every penny and who will be able to tell when a rebate Is given, ho matter in what form it is given. "Under will be this system, the managers if raid to give rebates," he said. Continuing, he said the situation had simmered down to where it was simply a question of the government controll ing the corporations or the corpora tions controlling the government. Rich men are good to have, but. above all, we want men who have made their money honestly and not by financial jugglery and deceit. We don't want these sort of men even though they dn build monuments. They are the men who look upon life as the seeking of more money; The problems of capi tal and labor will not he solved by these men. Mr. Garfield said that the benefit of government regulation was shown in our national hanking system. He ad mitted, however, that there could be some Improvements In that. SE.VI TO JAIL FOB WORK BONE OX THE SABBATH. (Special to The Evening Times.) Statesvlllc, N. ('.. Oct; 10. Two paint ers. Messrs. W. M, Saunders and J. S. Gibbons, were iii the mayor's court Sunday charged with Sabbath break ing. The men are Seventh Day Ad ventists and were arrested for working on a house being remodelled by Mr, Geo. Anderson on Sundays in defiance of he law. There Were three eases against them anil they were fined one dollar and the costs each in each ca;:e. The tires and cost for each totalled about $1(1. ."a and on refusing to pay. the men were sent to jail. They say they woidd rather go to the chain gang, but if they go won't work on Saturday, their Sunday. DRUM HEAD TO GALLOWS TREE! (By the Associated Press.) Lodz. Russian Poland. Oct. 10. Five terrrorists, sentenced to death by a drumhead court martial were hanged this morning. The employes of the street railroads, the school teachers and the newspaper employees have joined the men in all the factories who went on strike yester day as a protest against trials by drum head court martials. At Bendzln yesterday five socialists were tried by drumhead court mar tial and shot for armed rresistance to arrrest. N AERONAUT'S VKG BBOKFN; FFl.U ON ROOF. (Special to the Kvening Times) Springfield, Mo., Oct. 10. George Dilinger, an aeronaut who made an ascension here last night, narrowly escaped death, his balloon descend ing rapidly from a height of three thousand feet. The balloon lighted Upon a house top. Dilllr.ger's leg was crushed aud lie received internal Injuries, CORPORATIONS GMTOMOI0W ilfHMONIU illUlllllUMU itiuilli Visitors Said to Have Fairly Good Team USE VARIETY OF PLAYS Coach Heston Expects to Tevt What the Boys Can l) lieu Me May shift After Game i I tier Way. j Will Be Played on Vow Field, : Which Was Beady at Xdoh Today. Tomorrow a I'tetnooa second ibig football game of the season will be played here ,and it w ill lie the first on the new athletic grounds just fl:i jished al the A. & M. College,: Richmond College sv j& M. team. A big cr led, as there will onlj 'more games on the 1 this year. The boys li iworl; thus far, rolling 11 (day the A. v. il is expect e I iv o or three Dine grounds rye done great if,) a score ol 39 to 0 against Randolph-.Viacon and j tieing the University of Virginia on I her own grounds, something that I was never done before. Richmond College is said to have a fairly good defensive team this 'year ,and by this time may have her ! offensive work up to such an extent las to make things interesting for the fanners of West Raleigh,, j Coach Heston says lie is going to use a variety of plays for the purpose of testing what the boys can do, and he exports also to make several shitf; in the line-up iifteu the game is well under way for the same reason. For ! instance, after the first few minute pi play he may shift the hack field by putting Shut'ord at right half and WliiteKurst at fullback, taking Wil son out. Then horiy put Edwards fat left tackle and Stroud at left end on the offensive, faking Thompson out, and on lefetislve shift Stroud (o ' back up tin ; left end. I' quarter loo. The line .ably be ris .Syjtes, 1. t.: Beehee, i Stevens, r. line and put Temple at ii Harris may lie I t ied at i at the start will prob follows: Temple, c. Perkins, r. g.: Stroud. ! . t.: Thompson, 1. e. : Eskridge, a. b; Bar die', 1. li.: Sim ford, f. b.: Wilson, r. h. , The game will ho called at 3:.30 and the sane officials will act as in the Randolph-Macon game. Dr. Joel il). Whltakor referee, and Dr. II. A. : Royaler umpire. ! The new held, which lies between the railroad I rack and the big barn on the college grounds, was ready by itioon today, and there may be some I practice on ii this afternoon. The Richmond team will arri'v (this evening al. 6:15, and will he guests of the - & M. team until Fri day morning, when they will leave for Chapel Hill lo play the University on Saturday. The A. M. team will leave Fri i day also for Lexington, where on Sat urday I hey play V. M. I. and on Mon day Washington and Dee. Coach Heston is looking for a hard game I with V. M. I. There are four rj.iuies in eight days, a very hard schedule. TEETH BROKEN 1 IN HIS SKULL (By the Associated Press.) itolla. Mo., i let. 10. In a base! latl game near the Maries county line yes terday tun .voting men named Clark and McKee, belonging to the same team, collided with terrific force try ing to catch a ball. McKee being killed almost instantly and Clark being ren dered unconscious. (Mark was the taller of the two and tt is reported that his upper teeth struck McKee in the forehead and were broken and im bedded in McKee's skull. THE WOMEN OF HOMK MISSIONS CONVENE. ! Lincoln, Nob., Oct. 10. The 25th annual convention of the Women's Home Missionary Society of the Meth odist Episcopal Church opened in this city today with more than 200 dele gates present from every state in the l union. The opening address this mottling was delivered by the presi ! dent. Mrs. Clinton B. Fiske, of New 1 York, and this was followed by re I ports from Hie different officers of .he Society. THE OPINION PETITION Supreme Court Passed on Ninety Day Provision NO LIQUOR ELECTION Only I'oial Decided is That Ninety Day llO'.ision Applies to After as Wei! as Before Another Election. A Oene-.al Misunderstanding of the Situation. The dismiss damns pel th, call an lion ut pinion of th ig the pi-be.ee runted by Jui Raleigh hoar supreme court ling ia the man ge Webb to c ini- 1 of aldermen to election to d t ermine the pns- this city, which day's Times may great many pi o pass en tie- vital P mention ni ed in vest- was reported be disappointing t pie because it did question al issue. What folks want to know Is Whether or rot they can ask for an election on prohibition in liah-igh under the Walts act. and thai is of course not settled yet and cannot be settled now al least until after the legislature meets, if then. People generally were of the opinion that the question at issue was whether or not an election ' nihl be held n the quest Ion submitting the dispensary. However, it Attorney Snow Montgomery a counsel for tic f prohibition without questions of saloons or was contended by City and admitted by Judge ml Col. J. f. I.. H it ris. e petitioners, that under 1 the question of prohi ot be voted on directly, way the board of alder- the Watts A bttion could that the only men could have called an election un der the petition presented was to have submitted to the people the two qUes tions of dispensary and saloons, that is. to have had printed two sets of ballots, as follows: "For dispensary," "Against dispensary' "For saloons." and "Against saloons." Then if the majority of voles had been against oispeia ."' and against saloons the result ould have been prohibition. It d lie remembered that when Raleigh held ils firs) election under the Watts Act in October, ISOSi at which (line saloons were in operation, the question submitted was only on dis tilleries and dispensar- not on saloons; accordingly saloons were not voted out at that lime; Hence, to get prohibition under the Watts Act in Rnletgli ii "ill be neces sary to vole saloons as well as dis pensary on I... .. In other words, prohibition is a neg ative pronositioii. ami as such is not recognized in the Walts Act as one of the questions to he Voted oil. It an he established only by voting out all forms of selling liqtfer. The only thing decided by Associate Justice Brown writing the opinion of the court handed down yesterday Is that the provision in the act prohibit ing lienor elections within ninety days of any general ir municipal election t applies to ninety days following as well as ninety days preceding such general or municipal election. This makes it physically impossible for Ihe election to be held at all under the petition ottered by Rev. s. j. Setts, ami tin- other signers, for tile law says that the election must lie within the year in which the petition is presented. If conditions remain as they are now. another petition nan' be submitted some time next August. Tin question of law argued before Judge Webb, whether the request in the petition was sufficiently designated to authorise the board of aldernieii to call an election under the Walts Act. was not passed upon. The text i,r the opinion follows: Text of Opinion. "It is contended by tho defendant that the form of ihe pet tt ion present ed to the board of aldermen, is not in compliance Iwth the act in that it fails to designate the question which the petitioners desire to be voted upon upon at the election. In Hie view we take of the case it is un necessary for us lo pass on that con tention . The writ of mandamus should have been denied for the rea son that it is never granted to com pel an unlawful or prohibited act. The statute is express in terms an.1 unmiBtnkable in meaning. The elec tion petitioned for is required to lie held in the same year in which the petition is filed. It cannot be held during the subsequent year. The statute also prohibits the holding of Hie election Within ninety days of any city, county or general election. These provisions of the statute are as binding upon (he courts as upon any other departments of the stale government, and effectually' bar the holding of the election petitioned for. The fact that the petitioners aver they were compelled to resort to le gal proceedings to compel the defend ants to order the election is imma terial. Had the mandamus proceed ings been commenced much earlier, and before their final determination the obligtaion of defendants to pcr for the alleged duty required of them, or the right of the relator u exact its performance, expired by lapse of lime the relief will he de nied, since courts will not grant the writ, when if granted if would he fruitless, or require the performance of tin illegal or prohibited act. High on Extraordinary Remedies, uage 20: Calvard vs. Commissioners, 71 N. C. ISO; Matincy vs. Commissioners, 7 X. C. 486; Tapping on Mandamus, p. 67. Proceeding dismissed, j Other opinions handed down we.o lag follows: I Ed sort on vs. Games, from Wayne; .no error. i Brown vs. Sout herland, from Waynei reversed. j Mann vs. Baker, from Franklin; ' error. I Sciitieklefortl vs. Morriil. from Greene; affirmed. Knott vs. Railroad, from Waive, no j error. 1 Hicks vs. Hicks, from Wake: new trial. i Carter vs. Telegraph Company, from Chatham; per curiam petition dismissed. Jackson vs. Neuse River Mills, from Wake: per Curiam affirmed. Jones vs. Telegraph Conipahy, from Harnett; per curiam affirmed. Guy vs. Lumber Company, from Greene; per curiam affirmed. Ellis vs. Mitchell, from Wake: per curiam affirmed. A PECULIAR BOYCOTT Circular Ttatensltahants Wlio're for Roosevelt These Circuiars Apparently Mailed From San Jose, Costa Kica Inti mate Thai Boesevelt is a Foe to Existence of the Latin Republics. (By the Associated Press.) New Orleans, Da.. Oct. 10. Prin; ed circulars threatening that South American countries will boycott Hie ! goods of American manufacturers j who vote for President Roosevelt's j principles in the next presidential 'election have been received by sev eral New Orleans manufacturing firms. The circular, which is claim ed lo have been drafted in Caracas, ; Venezuela . on September 12. reads in ; part: "American manufacturers who vole i he Roosevelt ballot in the next presidential election will be exclud ed from South American trade. "President Roosevelt has said in some recent speec'lies that, the Lattn America countries are bound to dis appear for luo reasons: first, because they arc Latin, and second, because they ale small." The circular then says that the democratic party "is disposed to fra ternize witlt us and treat lis on an equal basis." It says thai II" boycott stations already have been established, but does nol explain what, is meant by bOycbt) station. The organization is I claimed to lie on a military basis en tirely independonl of South American governments and better organized ; I han i lie Chinese boycott, j The circular, calls this organization the "Sublime Brotherhood of j Zatptes." ! Appai'OJJ.ily the circulars were mailed from San .lose, Costa Rica. TWO KILLED BY (By the Associat. Chicago. Oct. 10. Twi and five others Injured an explosion of a blast plant of the Illinois ste 1 Press.) men arc dead s the result of furnace in tic ( 'ompauy last night, tine ol instantly by th the men was KffieU molten metal and th other died in the hospital early today. All of the injured will recover. The cause of Ihe explosion has nol yet been determined, THE KINO Of ANN AM KILLS SEVEN WIVES. (Ky the Associated Press.) .Marseilles, Oil. 10. Letters re ceived today from Indo-China say that t tie newspapers there express horror ;ii Ihe atrocities committed by Thanh-Thai, king of Annum (who recently ordered seven of his wives io be executed and looked on with delight while they were slowly tor trued to death) and are appealing to France to dethrone him and recall Prince Hamnghi, who is an exile in Algiera and married to a French woman. EXPLOSION EVIDENCE OF ROCKEFELLER A Struggle Waged Over its Competency US ADMITTED 1 LAST In the Standard Oil Case Now on at Fliidlay, Ohio, the Prosecution In sist on Going Over Testimony Be fore Supreme Court in 1893 and IK!7. (By the Associated Press.) Findlay, O., Oct. 10. It Is the In tent ion of the prosecution in the trial here of the Standard Oil Company of Ohio for conspiracy in restraint of ; i rade to occupy the entire time today in Hie submission of documentary evidence. This evidence consists of .the' pleadings and testimony in the two suits against the Standird Oil trust before the supreme court of the state in 1 S92 and 1897, part of which I was read to the jury yesterday. Attorney V. P. Kline, conducting the ease for the Standard, maintains ! there is no competency in rehearsing ithis 'ancient history" hut Prosecutor ! David and his assistant, Mr. Phelps, ! insist if is necessary that the jury may get the proper perspective of the ca r.o. Testimony of Rockefeller. Before the jury was brought into court on its convening at 9 o'clock today attorneys for ihe prosecution land defense held a preliminary argu j meat touching the competency of ad- milting the testimony of Mr. Rocke j feller given in the previous trial. Mr, Phelps for the prosecution main- . Itained that this evidence by Mr. Rockefeller was highly material and in fact the very essence of the case in trial. hi objecting Mr. Kline said ho would not. concede even the authen ticity of the statements. Mr. Phelps retorted thai Mr. Rockefeller was jthens as now, president ot the de , fondant company, "and what he then I said the (rust had done and we can . prove lie said it, is competent evi i deuce." "Mr. Rockefeller has not been I shown lo lie, and in fact is not, presi dent of this defendant company," as sorted Attorney Troup for the de fense. "The statements he then made were years before the cause of action. ihe things ciiargea in tnis suit are things done in Hancock county since 1908, How can such statements be competent evidence?" In reply Mr. Phelps declared that ; in the economy of the defendant com pany there was no way it could be faced. '..:'. I "A corporation lias no face except a false face, it is a mantle that cov ers the individuals in it, so that when the head of the company, its president speaks, that is the lan guage of Ihe corporation itself." Judge and Counsel. i Judge Banker interrupted to re- hnark that the evidence was only of fered to show the manner of doing business at that time .which course I would not conv ict the defendant with- in (he time present charge but simply to show that such a trust was formed. "Ii is no excuse for evidence that ,ii will do no harm," replied Mr. i Kline. "Would no! the admission of the president, of the corporation be con clusive as to Hie manner of its do ling business?" queried Judge , Banker. Mr. Kline : "No, sir; not at all." Judge Danker further slated that the evidence was not offered to show j either the guilt or innocence of the defendant. Mr. Tolls, for the defense replied to tills that if it was not for that pur hiose it was surely incompetent evi dence. !. Attorney General Ellis said he could not do his duty to the states if ihe did nol give his judgment In tho case. "Clearly, in my opinion, this evidence is admissible,' he said. He further maintained that in giving the testimony in, question Mr. Rockefeller was acting for the corporation anl that if he could not and did not so I act, there would be no way whatever of proving any acts of a corporation. Judge Banker admitted the testi mony as competent. His ruling came (Continued from Seventh Page.)
The Raleigh Times (Raleigh, N.C.)
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Oct. 10, 1906, edition 1
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