Full Leased Wire Service of the Associated Pjnuw.
Leads all North Carolina Afternoon Papors in Circulation,
LAST EDinoir.
kLLTKE
THE RALEIGH EVENING
TIMES.
VOLUME 27.
RALEIGH, N. C, WEDNESDAY, DECEMBER 12, 1906.
PRICE 5c.
RAYNER INTIMATES
THAT ROOSEVELT IS
OUR MODERN CAESAR
Caustic Criticism for the
President's Position on
the Japanese Question
SPRUNG BY ACTION OF
If the Military and Civil Forces of
tike Govern"..;;: ;t Are to He Used
Ity the "President, Declares Mr
Raynci;, it Becomes Very Import
not to Know His Exact Power
As to the Constitutional Question
involved He Says That it is Clear
ly Within the Itcserved Power of
a State to Regulate Its School
System.
(By the Associated Press.)
Washington;, Dec. 12. Senator
Rayner addressed the senate today
on the Japanese question.
Caustic 'criticism of President
Roosevelt's position on the Japanese
question prefaced the senator's dis
cussion of the constitutional ques
tion involved, If the military and
civil forres of the federal govern
silent were to be used by the presi
dent. Mr. Rayner said, it became
Very important to know the exact
power of the president in the mat
ter.
"Because," he added, "it is quite
a serious matter in view of the
great calamity that has lately be
fallen the city of San Francisco for
t he president to contemplate the
bombarding of the city at this time,
and to declare war against the
hoards of county school trustees of
California! if there is no justifica
tion or pretext upon which such
ferocious proceedings can be under
taken. The president is exercising
a .great many functions executive,
legislative and judicial, lawful and
unlawful, constitutional and uncon
stitutional. If he is possessed of the
idea that he is the supervisor of all
of the public schools of the various
slates of the union, and he seems to
be impressed with this idea, because
in the very last paragraph of his
message he recommends to congress
the establishment of shooting gal
leties in all of the large schools of
the country, we must either disabuse
his mind of this fancy or we must
jet him know that we agree with
him as to the omnipotence of his
jurisdiction. If he can take posses
sion of the public schools of Cali
fornia and compel the state to admit
to them Japanese students contrary
to the laws of California he could
with equal propriety send us an
amendment to- the Santo Domingo
treaty and demand the admission of
the negro children of Santo Domingo
into the w,hite schools of South Car
olina or of any other state of the
union. Of course, if the people have
come to the conclusion that every
thing that the president recommends
is right, then there is haVdly any
use in contesting any of his proposi
tions, and instead of conferring upon
him the power to give congress in
formation of the state of the union,
weMnight confer upon him the func
tion of furnishing his own peculiar
views upon the entire state of the
universe and recommending any im
provements or changes in the gen
eral plan of creation that he may
deem expedient, from the cradle to
the grave."
Powers of a State.
Continuing, Mr. Rayner said:
"The power of a state to regulate
its public school system is clearly
among its reserved powers. Have
we, therefore, a right to provide in
a treaty that the citizens of foreign
lands shall possess privileges in the
public schools of the states that are
prohibitedjsither by the constitu
tion or by the laws of the state in
which they are claimed? If we can,
in defiance of the laws and constitu
tion of a state incorporate any such
provision in a treaty so as to bind
the state, then we can undoubtedly
deprive the state of every reserved
right that it possesses
tion whenever they come in conflict
with the treaty-making power."
Seizure of the Silas Stearns.
The senate today adopted a reso
lution calling on the president to
furnish Information and all corre
spondence relative to the seizure by
the Mexican government of the fish
ing schooner Silas Stearns.
The body received the election
certificate of Thomas H. Paynter as
a senator from Kentucky.
A resolution was laid before the
senate today by the vice-president, at
the request of Senator Gearln, giving
It as the concensus of the opinion of
the senate that negotiations be en
tered into with Japan definitely to
define the rights of each country
under the existing treaty with a view
to securing such modification of this
treaty as will absolutely prohibit the
entrance into the United States of
Japanese coolie laborers.
Washington, Dec. 1 2. The house
today adopted the 'concurrent reso
lution to adjourn for the Christmas
holidays on December 20 and to re
convene January :!.
mends the building of an additional
dry dock capable of docking the
largest vessels at both the Norfolk
and Pensacola navy yards, and that
provision should be made for enlarg
ing and rebuilding dry dock No. 3 at
the New York navy yard. The de
velopment of the Norfolk navy yard
to meet the requirements of a fleet
as regards construction and repair" is
recommended for special considera
tion. Tlfe report states that preliminary
work has begun upon the designs of
the 20,000-ton battleship authorized
at the last session of congress.
SEMI-ANNUAL DIVIDEND
BY PANHAXDfiK SVSTEM.
(By the Associated Press.)
Philadelphia, Pa., Dec. 12. The
Panhandle system of the Pensylyania
Railroad today declared semi-annual
dividends of 2 per cent on the-preferred
stock of the company and 2
per cent on the common stock. The
directors of the Pennsylvania com
pany which operates the Pennsylva
nia Railroad linos west of Pittsburg
also declared a semi-annual dividend
of :) per cent.
BUG!
E CASE
F
ROM
BEAUFORT
LIBERALS GIVE
A RAY OF HOPE
Step For Lepliz
in pans I
tag Services
omorrow
BREAKING WITH ROMF
1 "lit'.'.i1.
The li ie oik liable Attitude of the
Ecclesiastical Authorities There
Docs Not PlWelit an DtVoit by
Some French Catholic- , ,.,.( ,,
(iovciiiiiieilt's BAiand- lo Ser-
WIIITE SAYS HE HAS
NOT YET ACCEPTED.
Will be Taken up in Supreme
Court Tomorrow
AN IMPORTANT MATTER
(Bv the Associated Press.)
Norfolk, Ya., Dec. 12. William
H. White, who was yesterday elected
to the ppresidency of the Richmond,
Fredericksburg & Potomac Railroad
at Richmond, said today that the
newspaper announcements that he
had accepTed the position were pre
mature. Mr. White said he had just re
ceived official notification of his
election and had the matter under
advisement. He said he had not yet
determined upon what course he
would pursue.
The necessity of a change of resi
dence from Norfolk to Richmond 1 -' W
which would follow his acceptance i county in regnrd to placing a bridge
is causing mature consideration on
If the Court Should Decide in Favor
of (lie Citizens Making the Protest
l( Would Necessitate Tearing
Down the Bridge, for it is Nearly
Completed Claimed That t..e Ra
leigh Pamlico Bridge Would In
terfere Willi Navigation.
the part of Mr. White who will an
nounce ihs decision in the matter
within the next few days.
DESTRl'CTIVE FIRE
STRIKES BALTIMORE.
(By the Associated Press.)
Baltimore, Md.. De. 12. Fire of un
known origin today destroyed the four
story building ai 224 and 226 west Cam
den street occupied by the Hubbs &
Corning Company, manufacturers of
paper and twine; the Monarch Manu
facturing Company, ladies neckwear:
Kahn & Company, shirtwaists; the
Crescent Manufacturing Company.
neckwear. The aggregate losses are
estimated at $85,000, fully covered by
insurance. The Hubbs & Corning Com
pany are the worst sufferers, their loss
being placed at $40,000.
REPORT ON WARSHIPS
Building in Government Yards
and Under Contract
In His Annual Report the Chief of
the Naval Bureau of Construction
Gives His Yiews Favoring Work in
Government Yards.
and rescind
(By the Associated Press.)
Washington, Dec. 12. The ability
of government navy yards to turn out
warships equal in all respects to those
built under contract, In the opinion
of Rear Admiral W. L. Capps, chief
of the bureau of construction ot the
navv, in his annual report, has been
fully demonstrated. He argues that
it least one yard on the Pacific coast
and one on the Atlantic coast, when
practicable, should be given a reason
able proportion of new construction
work in order that such yards may
always be available for any work the
government may desire to undertnke
therein.
Admiral Capps admits the oft-
repeuted charge that it costs less to
build a warship by contract, by rea
son of the shorter hour of labor,
paid holidays, vacations, etc., granted
to navy yard" employes, but he be
lieves nevertheless that the govern
ment should be always prepared to
turn out its own ships in times of
emergency.
The lack of suitable docking facili
ties at Norfolk and Mare Island va
commented upon as being especially
embarrassing to the bureau, ns no
battleships of any class can be docked
and annul its laws and Its constitu- at either of those yards. He recom-
over the Pamlico river at the town of
Washington will be taken up in the
supreme court tomorrow morning.
In order to get into Washington it
was necessary for the Raleigh &
Pamlico Railroad to cross the Pam
lico river, and the most available
point for a bridge, it was decided,
was a short distance below the coun
ty bridge. A strenuous protest was
made by some of the citizens of the
town and an effort was made to get
out an injunction to prevent the, com
pany from building a bridge at the
point decided upon, claiming, that it
would seriously interfere with navi
gation. The hearing was before
Judge T. A. McNeill, who refused to
grant the injunction, and the case
was appealed to the supreme court.
It Is claimed by the railroad com
pany that the bridge will not inter
fere with navigation, as there will be
two draws, each of seventy feet,
whereas the county bridge, which is
only a short distance above this
point, has only one draw of thirty -six
feet. The channel at the county
bridge is not quite eight feet deep,
and at the railroad bridge nine feet;
and the railroad company agrees to
keep the channel open, and also the
approaches. The draws are to re
main open at all times except when
trains are passing over. It Is con
tended by the Raleigh & Pamlico offi
cials that this is practically the only
way to get into the town, as to de
tour and cross the river some dis
tance above the county bridge would
necessitate crossing nearly three
miles of swamp, and it would he ex
tremely difficult to get a foundation.
The citizens making the protest,
on the other hand, claim that the
rond can reach the city by another
route, although it would not be so
direct.
The bridge in question is about a
half-mile long and is nearly com
pleted. Litigation has not stopped
work on the bridge, which has pro
gressed ns if no protest was being
made.
Attorneys representing the citizens
who are endeavoring to get out an
injunction are Messrs. Shepherd &
Shepherd of this city, Messrs. Nichol
son & Daniels and Mr. E. S. Sim
mons of Washington. Mr. Stephen
A. Bragaw of Washington, Mr. L.
Moore of Greenville and ex-Governor
Aycock of Goldsboro are attorneys
for the Raleigh & Panillcp Railroad.
(By the ASSOCfited Press.)
Parii', Dec. 18. -he pi elect of po
lice during the aftnoon announced
that i lie government had accepted the
application of M. layrlinet. editor of
the Renaissance, and Felix Robin,
for permission, under I lie public
meetings law of ISM, to hold reli
gions meetings in all ilie churches,
as being in compliance w,-1 the law.
In other words, trie step taken pro
vides for the legalization of Catholic
services in the churches of Paris to
morrow.
of diplomatic relations between the
Vatican and France, as in view of his
francophile attitude under the late
Pope Leo, he was the only person cap
able o reaching an understanding with
tile Frenh government. It is believed
even now that, notwithstanding the
gravity of the situation, France would
not find it diffiult to conciliate the Vat
ican if negotiations on the subject were
opened. In the meanwhile all the Vati
can forces have been mobolizcd to take
part in the campaign. Even Father
Wernz, the general of the Jesuits, lias
Joined the belliserents.
The latest instructions sent to the
Fiench clergy are in substance that
they are to lcok upon the situation from
its worst possible aspect and organize
private religious services.
Thousands of telegrams it is an
nounced here, have been gent from free
masons, nnti clericals republican and
liberal clubs and politicians to the
Fiench premier, ' M. Clemcnceau, and
Minister of Public Worship Brland,
congratulating them on their energetic
attitude against the Vatican and cleri
calism. On the other hand the Vatican
authorities have received thousands of
telegrams of sympathy and encourage
ment from bishops, Catholic clubs and
prominent Catholic clubs and promi
nent Catholics, Italians and foreigners,
condemning the action of the French
government.
FREEMAN JONES
AGAIN RESPITED
BY THE GOVERNOR
on the Southern Railway Company and
the said company ordered to show
cause why the suggestions should not
be observed.
MURPHY
BRANCH
BOSTON'S YOTE ON THE
LIQUOR LAW YESTERDAY.
(By the Associated Press.)
Boston, Mass., Dec. 12. The vote
In Boston yesterday on the liquor
question was: Yeas, 43,280; noes,
18,640.
Earlier Report Of Conditions.
Paris, Dec' 12. The day of grace
granted to the churches of Paris in
the execution of the law providing
for the separation of church and state
post pones until tomorrow the meas
ures for Its enforcement. The delay,
however, has only served to increase
the excitement caused by the expul
sion from, France yesterday of Mgr.
Montagnini, secretary of Hie papal
nunciature at Paris.
Prosecutions' have been bqgun
against the ultramonlalne abbes of
the churches ht St. Pierre du Gros
Caillou, St. AAgustin and St. Roch,
where the greatest resistance to the
taking of the mveritenSs' occurred,
and it has been decided to take over
immediately the buildings belonging
to the ecclesiastics, stop the pensions
of the clergy, compel aspirants to the
priesthood to fulfill their military
obligations, and. if necessary, treat
the clergy lis subjects of a foreign
power. This constitutes a sufficient
demonstration of the spirit with
which the government intends to
meet resistance.
The reception of Premier Clemen-
ceau's speech in the chamber of dep
uties last night also shows that he
has parliament at his back. Never
theless, M. eienience.au was careful
to say that there was still time for
Catholics to conform to the law.
That the rank and file of the liberal
Catholics disapprove of the intran
sigeant attitude of the authorities at
Rome is evidenced by the fact that
the editor of the Renaissance, Felix
Robin, has of his own initiative filed
with Prefect of Police Lepine an ap
plication under the public meetings
law of 1SS1 for permission to hold
religious meetings in all the church
es. This affords the single ray of
hope in the situation. The Figaro
today says that Cardinal Richard,
archbishop of Paris, at first declined
to approve of M. Robin's action, but
that later he changed his mind.
Important Evidence.
It turns out that the papers seized
at the papal nunciature yesterday
placed in the government's hands im
portant evidence, which may prove
exceedingly embarrassing to the Vati
can if open war is to take place. They
Include, besides all the diplomatic
records covering the correspondence
exchanged before the rupture with
the Vatican, recent instructions from
Cardinal Merry Del Val, the papal
secretary of state, a mass of letters
from prelates all over the world and
letters in the handwriting of deputies
of the right party. M. Jaures, the
socialist leader, asserts in his paper
that the seized documents even prove
the existence of a conspiracy.
Cardinal Richard has accepted the
temporary hospitality or M. Denys
Cochin, a conservative member of the
chamber of deputies from one of the
Paris districts.
The Catholic seminaries at Bor
deaux, Mende and Saint Brieux were
evacuated today.
OF SOUTHERN
Road Found to be In Very
Bad Condition
A REPORT JUST MADE
An Investigation of the Condition of
This Line Was Made by Commis
sioner S. Ij. Rogers Physical
Condition of the Road Reported
as Bud Principal Complaint Was
in Regard to the Passenger Ser
vice Given.
Odious, tlie Cry of Rome.
Rome, Dee. 12. The Vatican author
ities characterize the action of the
French government in having Mgr.
Montagpini. the expelled secretary of
the papal nunciature at Paris, accom
panied to the frontier by police as being
"an odious act showing a desire to in
flict humiliation on those wh because
of their weakness cannot retaliate.
It is much regretted In Vatican circles '
that contrary to the propositions of
some of the cardinal Mgr. Dela Chlesa.
thft nunnl assistant secretary of stflto.
' was not sent to Paris after the rupture
The corporation commission has just
made a report on the condition of the
Murphy brunch of the Southern Hall
way, the investigation having been
made on account of various complaints.
The principal allegations were to the
effect that the passenger service was
inadequate, no regular schedule being
observed; that the freight service was
extremely Inefficient and that the phy
sical condition of the roadbed was bad
and dangerous to life of passengers go
ing oyer it.
The report as to the condition of the
road was matte by Commissioner S. L.
Rogers, who recently went over the
same. In the report he says that the
greater portion of the road being over
mountains and across rapid streams,
naturally causes heavy grades and
Sharp curves. Since the commission
went over the road, more than a year
ago, at which time they were assured
Improvements would be made, Commis
sioner Rogers states that practically no
improvement has been made: that five
miles of seventy-pound rail have been
laid between Murphy junction and Ad
die, and that the division superintend
ent states positively that seventy-pound
rail will be laid over the remainder of
the road as fast as the rail can reach
the line. The statement is made In the
report that the record of accidents and
the general appearance of the roadbed,
with its steep grades and sharp curves,
laid with light rail and ties on short
banks, and in many places defective
ties, Justifies the allegation that the
physical condition of the road is bad
and that the life of a passenger going
over it is imperiled.
Within live years the service on this
road was performed by the use of jnne
nnnspnirpr train each wav daily, and
there are now two each way daily. One
local freight daily, aided by three ex
tras each week was formerly employed
and now there are four dally locals aid
ed by four extras. The report says that
tills increase in the service is not in
proportion to the increase in the busi
ness of the line. The supply of cars, it
is stated, is Inadequate.
The report shows the number of
passengers carried between August 1st.
and October 20th, and it is an average
of 700 per day. In connection with the
schedule of the passenger trains, the
following statement Is made:
"Having an engine crippled and a de
lay occasionally on that account is un
avoidable In railroad business, but the
deliberate daily assignment of crip
pled, worn out and powerless engines
to trains transporting 700 passengers is
unreasonable. There were in the shop
October 20th, oft the Asheville division,
fourteen ot these cripples, and none of
them being repaired, while those trying
to do their duty were making the record
I give you. They arc designated on the
casualty list as Nos. 1327, 132S. 1329, 1397
and 1444. Superstitution would make
us believe that there was fatality In the
serious thirteen."
In summing up, Commissioner Rog
ers says the service is Inadequate and
intolerable.
A copy of the report has been served
CORTELYOi: TO TAKE
CHARGE MARCH FOUR
(By the Associated Press.)
Washington, Dec. 12. "It is the
present intention to have Mr. Cor
telyon take charge of the treasury
portfolio on March 4th," said Sena
tor Aldrich, who talked with the
president today about Mr. Cortol-
you's nomination to be secretary of
the treasury, which was held up by
the senate finance committee yester
day because no date was specified as
to when the appointment would be
come effective. The same formal
objection it is said, applied to other
nominations now before the senate,
notably that of James R. Garfield,
to he secretary of the interior. It
has been . customary heretofore, the
senator said, to indicate specifically
the date upon which such appoint
ments are to take effect and its omis
sion in t he case apparently was an
oversight. So far as he was aware,
the senator said, there is no objec
tion to Mr. Cortelyou's confirmation
nor to others now pending. Senator
Spooner accompanied Senator Aid
rich to the white house.
As the result of conference be
tween Senators Aldrich and Spooner
and the president, the nomination of
Mr. Von Meyer to be postmaster gen
eral, and Mr. Garfield to be secretary
of the interior also will be dated lo
take effect March 4th. An alteration
will be made in the form of the nomi
nation of Attorney Genera) Moody to
he associate justice of the supreme
court, Secretary of the Navy Bona
parte to be attorney general, Secre
tary of Commerce and Labor Metcalf
to be secretary of the navy, and Oscar
Straus to be secretary of commerce
and labor. These nominations will
take effect on December 24th.
Attorney General Moody will, if
confirmed, be sworn in as associate
justice of the supreme court on De
cember 24th. The other cabinet
changes consequent upon the retire
ment of Mr. Moody will follow imme
diately, Secretary Bonaparte becom
ing attorney general and Secretary
Metcalf assuming the position of sec
retary of the navy.
Action, Taken at Request
of Number of Citizens
of Durham
JONES WAS TO DIE
ON DECEMBER 15TH
Reprieve Granted Until the 8th of
February Matter Taken up From
Durham Today Over Long Dis
tance Telephone Man Was Found)
Guilty of Burglary in the First
Degree Tile People of Durham
Taking Great Interest, in the Case.
Scaffold Was Being Built' in the
Jail Yard When Respite Was
Granted.
THE CONDITION OF
FORMER SENATOR BROWN
(By the Associated Press.)
Washington, Dec. 12. The condition
of former Senator Arthur Brown of
Utah, who is at the Emergency Hos
pital, suffering from the effects of a bul
let wound Inflicted by Mrs. Anna M.
Bradley on Saturday last, was reported-today
to be practlcaly unchanged.
The patient pased a fairly comfortable
night.
TAKEN FOR CONTEMPT
Grossly Inaccurate Reports
of the Gillette Trial
Editors of the New York Morning
Telegraph Are Arrested On This
Charge They Are Sent to the
Court of General Sessions.
(By the Associated Press.)
New York. Dec. 12. William B.
Mnstorson, a United Slates deputy
marshal and W. E. Lewis and Henry
N. Carey, editors of the Now York
Morning Telegraph, were arrested in
this city today charged with "crimi
nal contempt of court Ih circulating
false and grossly inaccurate '-opori :
of the trial of Chester E, Gillette nt
Herkimer.'' Masterson was also ar
rest, 'd as an editor of the Telegraph.
All three were sent to the court of
general sessions.
NOMINATION OF
FOUR AMBASSADORS.
(Bv the Associated Press.)
Washington, Dec. 12. The presi
dent today sent to the senate the fol
lowing nominations:
Ambassadors extraordinary and
plenipotentiary1 Henry White, Rhode
Island, to France; Lloyd C. Griscom,
Pennsylvania, to Italy; John W. Rid
dle. Minnesota, to Russia ; Irving B.
Dudley, California, to Brazil.
Envov extraordinary and minister
plenipotentiary Leslie Combs, Ken
tucky, to Peru.
At the earnest request of a num
ber of citizens of Durham, Governor
Glenn today granted a respite to
Freeman Jones until February 8th.
The time for Jones to die was draw
ing near. He was tried at the Au
gust term of Durham county court
and found guilty of burglary in the
first degree and sentenced to be
hung on Friday, November 22nd. An
effort was made to get the sentence
commuted and he was granted a
reprieve until Saturday, December
15th next Saturday. A few days
since Governor Glenn announced
that he had looked into the case and
would not interfere. Today the mat
ter was again taken up over the
long distance telephone from Dur
ham and at the request of a delega
tion of citizens he agreed to open
the case again and Jones was re
prieved until February 8th.
The people of Durham are taking
great interest in the case and a
member of the jury is reported as
having made the statement that if
they had believed that the sentence
would not be commuted to life im
prisonment in view of their having
made a recommendation of mercy,
that they would not have returned
a verdict of burglary in the first de
gree. In commenting on the case the
Durham Herald of this morning
says:
"The reporter for The Herald has
gone the length of the town and the
Jones case has been the one topic of
conversation. There are very few
people a very small per cent of the
people who believe that Freeman
Jones should die for his crime.
"The facts have been published so
many times that it would be a sim
ple repetition to tell now anything
about his crime on that June night.
The people know and the will of the
people is the law, if it is expressed
in time to be recorded in this case.
Jones was drunk at the time he en
tered the home where there had been
conducted a notorious "blind tiger."
He says that he does not remember
anything that occurred there. It is
certain that he entered the home at
a late hour at night and that, no
damage was done. Had it been a
homo that was pure and free from
the violation of law there would
have been a different sentiment. But
as it is there is not a sentiment that
demands the taking of this life to
pay for crime. These are the sim
ple facts in the case.
"In the meantime Freeman Jones
expects to die sometime Saturday
morning. He says that he is not
scared in the least and that he will
meet his end without a fear or
tremor. He does not know that the
lumber has already been placed on
the Jail lot with which the scaffold
is to be built, but he says that he is
certain he will have to die this week
and that he has nothing to fear." .
Sudden Death of 4. T. Hkiles.
(Special to The Evening Times.)
High Point, N. C, Dec. 12. The
many friends here of Mr. J. T. Skiles
leafhed with so'rrdw of his sudden
death in Thomasville yesterday, due
to heart trouble. Mr. Skiles was a
brother-in-law of Mr. J. T. Hoffman
of this city, and owned considerable
property here. ' The remains were
carried last night to the old home of
the deceased in Chester county, Pa.