FoB Leased Wire Service of the Associated Prow. Leads all North Carolina 'Afternoon Papers in Circulation. LAST EVmOJX: ALL THE MARKETS. THE KALEIGH EVENING TIMES VOLUME 27. RALEIGH, N. C, MONDAY, DECEMBER 17, 1906. PRICE 5c. CONGRESS RECEIVES A SPECIAL MESSAGE m ISTHMIAN CANAL The President Gives a De tailed Description of the Work Done There DECLARES CRITICISM OF OFFICIILS iJUST He Thinks n Seven-Headed Commis sion a Clumsy Executive Instru ment, and Keconunends That One Man be Put at the Head of the Whole He Xotes Wouderful Im provement In Health Following the Sanltury Work Done Finally He Declares Himself Confident of the I'ltimate Success of the Gigan tic Vndertttking. structlon of new railroads or In any other similar private or public work in the United States proper; and It is the testimony of all people compe tent to speak that on no other simi lar work anywhere In the tropics indeed, as far as I know, anywhere else has there been such fore thought and such success achieved in providing for the needs of the men who do the work. I have now dealt with the hygienic conditions which make it possible to employ a great force of laborers, and with the task of gathering, housing and feeding these laborers. There remains to consider the actual work which has to be done cause of which these laborers CIRCUIT COURT Mf Puff CONVENED TODAY American Locomotive Com pany Case Taken Up TO BE SHELVED NO RALFIGH ATTORNEY Has Tampered With the Government Witnesses, so Judge I'umell Stated from the Bench Col. ,1. C. L. Har ris Made a Statement Today In Regard to His Connection in the RlggSbee Case. Special Message by Roose velt to tongress When the Untied States court was the work be- opened this morning for the disposal are of a number of civil and government (By the Associated Press.) Washington, Dec. 17. The expect ed special message from the presi dent on the Panama canal reached congress today, and Its reading was one of the features of the day. In his message President Roosevelt explains the result of his examination on the Isthmus, giving a detailed de scription of the work, and expressing much satisfaction over the successful sanitation which has improvod the health situation, which he says is re markably good. The death rato has been greatly reduced, principally be cause of tho killing of mosquitoes by special brigades appointed to- th. mission. The improvements at Pan ama an'd Colon are noted. He takes np the charge made against the water supply, of Colon, which he says' is am plo and excellent. The reservoir, he contends, is equal to that of most American cities. He deals with com plaints which he says are not well founded, and resents the "unjust criticism" of the canal management. There are too many saloons in the zone, but the new high-license law, which becomes effective in January, will reduce the number four-fifths. He shows that the employes are well cared for, the quarters are good and eminently satisfactory. In tho gov ernment hotel ho found first-rate food, the meal served for thirty cents being sufficient for any man. Ho be lieves the complaints about tho food supply are unwarranted. Concerning the labor employed, the president says that the small number of Spaniards give good re cults, and he takes the point that the American workingman has no con- j cern whatever In tho question as to , whether tho rough work on the isth mus "is done by aliens from one country with a black skin or by aliens from another country with yellow skins." He has arranged to try sev eral thousand Chinese laborers. The West India laborers, he says, are fair ly, but only fairly, satisfactory. Ho tells of the work by negroes, of their satisfaction, and Is generally pleased with what they do. Recreation and Amusement. Continuing, he says: One of the greatest needs at pres ont is to provide amusement both for the white men and the black. The Young Men's Christian Association Is trying to do good work and should bo in every way encouraged. But the government should do the,maJ.n worlj. I have specially called .thfl atten tion of the commission tb this mattef; and something has been accomplished already. JVAnttiing donefer the wel fare of ther men adds! ioi their effi ciency, and money devoted to that purpose is therefore properly to be considered as spent in building the canal. It is imperatively necessary to provide ample recreation and amusement it the men are to be kept well and. healthy.' I call tpe special attention of congress to this need.. This gathering, distributing i and caring for the great force of laborers is one of the giant features of the work. That friction will from time to time occur in connection therewith' is inevitable. The astonishing thing is that the work has been performed go well and that the machinery runs so smoothly. From my own experi ence I am able to say that mora care bad been exercised in housing, feed- lng and generally paying heed to the i needs of the skilled mechanics and ,ordinary laborers In the work on this canal than is the case in tho con- gathered together the work of con structing the canal. This is under the direct control of the chief en gineer, Mr. Stevens, who has already shown admirable results, and whom we can safely trust to achieve similar results in the future. Our people found ori the isthmus a certain amount of old French mate rial and equipment which could be used. Some of it, in addition, could be sold as scrap iron. Some could be used for furnishing the foundation for filling in. For much no possible use could be devised that would not cost more than it would b'Mng In. Work of Construction. The work is now going on with a vigor and efficiency pleasant to wit ness. The three big problems of the canal are the La Boca dams, the Gatun dam and the Culobra cut. The Culebra cut must bo made, anyhow; but of course changes as to the dams, or at. least as to the locks adjacent to the dams, may still occur. The La Boca dams offer no particular prob lem, the bottom material being so good that there is a practical cofe tainty, not merely at to vhat can be achieved, but as to the tlmS of achievement. The Gatun dam offers the most serious problem which wo havo to solve; and yet the ablest men on the isthmus believe that this prob lem is cortain of solution along rh.; lines proposed; although, of course., it necessitates great toil, energy and in telligence, and although equally, of course, there will bo some littlo risk in connection with the work. If the huge earth dam now contemplated is thrown across from one foothill to the other wo will have what Is prac tically a low. broad mountain ridge, behind which will rise the inland lake. This artificial mountain will probably show less seopago that Is, will have greater restraining capaci ty than the average natural moun tain range. The exact locality of the locks at this dam as at the other dams is now being determined. In April next, Secretary Taft, with three of the ablest engineers of the coun try Messrs. Noble, Stearns and Rip ley will visit the Isthmus, and the three engineers will make tue final and conclusive examinations as to the exact site for each lock. Meanwhile the work is going ahead without a break. The Culebra cut does not offer such great risks that is, the damage liable to occur from occasional land slips will not represent what may be called major disasters. The ' work will merely call for Intelligence, per severance and executive capacity. It is, however, the work upon which most labor will have to be spent. The dams will be composed of the earth taken out of the cut, and very possi bly the building of the locks and dams will take even longer than the cut ting In Culebra itself. !';The main work is now being done in toe Culebra cut. It was striking and Impressive to see the huge steam shovels In full play, the dumping trains carrying away the rock and earth they dislodged. The imple ments of French excavating ma chinery, which often stand a little way from the line of work, though of excellent construction, look like the veriest toys when compared with these new steam shovels, Just as the French dumping cars seem like toy cars when compared with the long trains of huge cars, dumped by steam plows, which are now in use. This represents the enormous advance that has been made in machinery during the past quarter of a century. No doubt a quarter of a century hence this new machinery, of which we are now so proud, will similarly seem out of date, but it is certainly serv ing Its purpose well now. The old French cars had to be entirely dis carded. We still have in use a few of the more modern, but pot most modern, cars, which hold but twelve (Continued on Page Seven.) libel cases, Judge Purnell stated from the bench that as ho had made some remarks on Saturday In reference to lawyers tampering with government witnesses, he wanted to say that he was satisfied from information that had come to him since then that those remarks were not based upon information that was true; that he was satisfied that nothing of the kind that he had reference to had been done. Col. J. C. L. Harris stated in court this morning that he should have made a statement on Saturday con cerning his connection with the Riggsbee case but for the fact that he had been summoned by the United States district attorney as a witness in that case, and, being a witness, had no right to state publicly what he knew until put on the witness stand. He said that was also the reason why he made no statement this morning. Locomotive Works Case. The case of tho American Locomo Uve Company,, a, Richmond corpora tion,, against the Weldon" Lumber Company, was taken up today. This is a suit Involving $5,339.76, which is claimed by the abovo-named loco motive company for work done on two engines belonging to tho Weldon Lumber Company during the summer of 1904. On one engine the cost was something over $3,000, and on the Other about $2,000. It seems that the lumber company sent, the engines to Richmond to have certain repairs made, and it Is contended by them that the charges were exorbitant and unreasonable, and hence they refused to pay tho bill as submitted, but, it is alleged in the answer, they are willing to pay a reasonable amount for the work done on the engines. It is contended that on one of the en gines the cost should have been not more than $2,000, while on the other it was not to exceed five or six hun dred dollars, as the engine was not worth expending a large amount of money on. The locomotive company sets forth that the engines were sent them with instructions to have certain repairs made, which was done and the en gines shipped to Weldon, and soon afterwards a bill forwarded showing just what the work had cost. There are a number of witnesses here from Richmond who were sum moned by the locomotive company. Messrs. Murray M. McGuire of Richmond and J. Crawford Biggs of Durham are attorneys for the Ameri can Locomotive Company, and Col. Harry Skinner of Greenville, Mr. W. E.. Daniel of Weldon and Messrs. Pou & Fuller of this city for the Weldon Lumber Company. WOMAN BURNED IN THE BARREL? (By the Associated Tress.) Hazleton, Pa., Dec. 17. The char red remains of a young woman were found today on the mountain be tween here and Ebervale by a man who was in the woods with his dog. A slipper, hair combs and the fram of a woman's hat were picked up near the spot where the remains lay. Under the body were three wire hoops such as are used on barrels. It is the belief of the police that the woman was murdered and then placed in the barrel and burned. This theory is strengthened by the odor of kerosene near the place. The identity of the woman, who was about 18 or 20 years of age, has not been established. ' : : ' . V ' PERSONNEL OF NAVY He Calls Attentlonto the Kurt That Our System of .Promotion Gives Men Little OppoWunil i - in High Places Until Age Impairs Their Efficiency. (By the Associated Press.) Washington, Dec! 17. The following special message of the president on the personnel of the pavy was road in con gress today: To the Senate and House tit Represen tatives: In the last thece Annual messages I have invited the attention of the con cress to the urgent necessity of such legislation as will cause officers of the line of the navy to reach ttic grades of captains and rear admirals at less ad vanced ages and will give them more experience and training in the import ant duties of those grades, Under the present archaaic system of promotion, without parallel in the navy of any other first class power, captains are commissioned at the average age ot fifty-six and rear admirals at the av erage of sixty. This system is the re sult of long continuous service in favor of promotion by which all lieutenants in order of seniority pass through the several grades until they actually be come rear admirals; a method which sacrifices the good of the service to the interest ot individual mediocrity. As a direct consequence of the existing method, naval officers obtain more than ample service In subordinate positions, but have admitted inadequate experi ence as captains In command of battle ships and as t'Ag officers in charge of fleets and squaffrons: that is in the very positions j,jpvijf'.t responsibil ity, where experience, skill and Initia tive, are essential to efficiency. More over, thfey attain the position of a flag officer but a foW months before thsy reach the retiring ago and have no op tunity to perfect themselves in the im portant duties of the high commands pertaining to such rank. History, modern and ancient, has in variably shown that an efficient person nel is the greatest factor toward an ef fective navy. No matter how well equipped in other respects a navy may be; its fleet may he composed of pow erful high speed battleships, manoeuv ered by complicated tactics based upon the latest development of naval science, yet it is grievously handicapped if di rected by admirals and captains who lack experience in their duties and who are hampered by long experience of in dependent action and responsibility. To oppose such a licet to one equally good, led by officers more active and more experienced in their duties Is to Invite disaster. Behind Oilier Nations. The following tables give the ages of the youngest captains and flag officers with the average years In grade In the navies of Great liritain, France, Ger many, Japan and In the United States: Average Years Captains. Age. in grade. Great Britain 35 11.2 France .. .. 47 9.o Germany 42 0.2 Japan 38 8.Q United States .... 53 45 Sea-going Hag officers: Average years Age. in grade. Great Britain .... 45 8. France 53 14.2 Germany 31 6.0 Japan 44 . 11.0 United States .... 59 1.5 The facts shown in this table arc startling and earnest attention is invit ed to them. Bill to Change Conditions. The secretary of the navy several months ago convened a board of six representative line officers with the as sistant secretary of the navy as presi dent, to consider and recommend such changes in existing law relative to the commissioned persoun of the line of the navy as would tend to promote ef ficiency and economy. The essential recommendations of the board have been cordially approved by ihe secre tary. The bill, herewith transmitted to the congress, has been formulated by the secretary and is based, except In a few details, upon the recommendation of the board. 1 earnestly recommend its early consideration. Should it be enacted into law it will cause officers on the sea-going list to reach the grade of captain at forty-eight and rear ad miral at fifty-five, and will assure their serving seven years In the grade of captain and seven years in the grade of rear admiral, thus enabling them to be come thoroughly skilled and efficient in these grades. Grade of Vice Admiral. The accompanying bill also estab lishes the grade of vice admiral. This grade has long existed in all other principal navies of the world in order (Continued on Page 2.) THE COAST LINE THE SCHOOL AND FILES EXCEPTION FEDERAL POWER Will Not Obey Orders of Cor poration Commission IS NOT PRACTICABLE Claims That to Obey Order as to Trains on Plymouth & Kinston Branch It Would Be Necessary to Put On Additional Passenger Train and Company Has Not the Motive Power other Reasons Given. Efforts to Check Widening of Centralization MADE BY RAYNER, WHITE They Introduce Resolutions Into the Senate, the Object of Which Pri marily is to Give California Free Rein in the Conduct of Her Public Schools. In the matter of the schedules and connections of the trains of the At-1 lantic Coast Line Railroad Compani on its Plymouth branch and its Scot land Neck or Kinston branch, excep tions have bean filed to the order of the commission made about ten days since. First exception is upon the ground that the commission has not the power or authority under the law of North Carolina to make such order or regulate time and manner in which passengers and property shall be transported. Secondly, that it would not be! practicable to carry out the order ofi the commission without an extra pas senger train, which it is contended the commission lias not the power to require. Third, that the order of the com mission was unreasonable, in that the company is already furnishing suffi cient accommodations for passengers. Fourth, that In order to comply with the order it would be necessary to put on an additional passenger train, which, it is contended, the com pany has not at the present time suf ficient motive power or locomotive engines to do. That an order vSb placed ten months ago- fore'lli but up to the prefent time have not been able to get a single engine. Fifth, that it deprives the company of its property without due process of law, and, therefore, is contrary to the constitution of the United States. The sixth exception sets forth that to obey the order would necessitate an additional passenger train, which would have to bo operated at a loss, and hence tho company would have to perform service without compensation. LACKING ENGINES THE CABS LIE IDIi (By the Associated Tress.) Kansas City, Mo., Dec. 17. The Jour nal today says: A systematic inspection of the ter minal railroad yards shows that there are three thousand empty freight cars standing idle in the Kansas City yards because the railroads have not suffi cient motive power to move them. 'T SELL COAL LANDS (By the Associated Press.) Washington, Dec. IT. Senators White and Rayner of Maryland, each present ed resolutions in the senate today touching the state's rights on the Ques tion involved in the Japanese contro versy. The resolution of Mr. White re solves that there shall be no Increase in federal power by a strained construc tion of the constitution, at the expense of the lights of the states. The Rayner resolution provides that the functions of the executive shall be limited to the performance of the duties as assigned to him by the con stitution and the legislation enacted thereunder and that there shall be no interference by the executive in the leg islative or judicial branches of the gov ernment or with the rights of the states. It also resolves that the states have no authority to surrender any of their reserved lights under the consti tution. Both resolutions were laid on the table for future action. Memorial From Cattle Raisers. In presenting to the senate today a memorial from the cattle raisers of the western states, Mr. Culberson said the cattle raisers were suffering more ex tensive damage at this time from shortage of cars and bad service from transportation companies than from disease of cattle, limited markets and all other speedy consideration look ing to relief. The senate today agreed to the hol iday adjournment resolution, which provides that when adjournment is had next Thursday it shall be until January third, next. The senate agreed to a resolution to day preesntea1 by Senator Hansbrough, directing the department of commerce and labor to make an investigation of the "combination or trust organization known as the International Harvester Company" engaged in the production and sale of farm machinery. The in vestigation !s to ascertain if a combi nation In restraint of trade exists. The bill validating certain certifi cates of naturalization was defeated in the house today, two-thirds having failed to vote in its favor. The bill will be called up under committee call later. The senate agreed to a resolution today requesting the judiciary com mittee of the senate to inform the senate if congress can prohibit inter state commerce in cliild-Iabor-madc goods under the commerce clause of the constitution. STRAUS TAKES REINS OF OFFICE Moody Goes to the Supreme Court Bench The President Suggests That Government Hold Them E. E. Clark Goes Before the Inter state Commerce Commission to Support the Suggestion Govern ment Should Hold the Lands Vndcr Lease. (By the Associated Press.) Washington, Dec. 17. E. E. Clark, of the interstate commerce-commls-sion, appeared before the house com mittee on public lands today to sup port the suggestion made in Presi dent Roosevelt's message .that the government cease to sell coal lands and hold them under lease. .. The suggestion referred to, con tained in a message on public land laws, follows: ' The law should give individuals and corporations, under proper gov ernment regulation and control (the details of which I shall not at present discuss), the right to work bodies of coal land large enough for profitable development. My own belief is that there should be provision for leasing coal, oil and gas rights under proper restrictions. If thei additional force of special agents and mining experts I recommend is provided and well used, the result will be not only to stop the land frauds, but to prevent delays In patenting valid land claims and to conserve the indispensable fuel resources of the nation." QUESTION IN THE AIR What the Supreme Court Didn't Touch Whether Telegraph Company Was Liable Under State Law for Fail ure to Deliver Message Under the " Peculiar Conditions Named. (By the Associated Press.) Washington, Dec. 17. Whether a tel egraph company can be held respon sible under statt laws for the non-delivery of telegrams when sent from one point In a state to another point In the same state, but through another state was involved in the case of the West ern Union Telegraph Company vs E. Hughes, which was decided today by the supreme court of the United States, but as the court dismissed the ease o:i a technicality it did not discuss the point. The case came to the supreme court from the Virginia court of appeals and grew out of the failure of the telegraph company to deliver a message sent from Danville by Mr. Hughes to a Miss Malone, in Pocahontas, informing her of her mother's illness. Both points are in Virginia but it was necessary that the message should go through West Virginia, where it was lost. Hughes brought'suit in the corporation court at Danville under the state law and that court awarded damages to the extent of one hundred dollars. The temporary effect of the decision at least is favorable to Hughes. AN ASSOCIATE JUSTICE Governor Glenn went to Chapel Hill this morning, where be will spend (he day and will return on the evening train. Bonaparte Takes the Oath of Office as Attorney General of the United States, and Metcalf Enters as Sec retary of the Navy Ceremonies of Induction Into Office. (By tho Associated Press.) , Washington, Dec. 17. Oscar S. Straus of New York today was Induct ed into the office of secretary of the department of commerce and labor in pursuance of the rearrangement of the cabinet recently made by President Roosevelt. The ceremony incident to the retire ment of Secretary Metcalf who has been at. the head of the department since July 1, 1904, and the Induction into of fice of Secretary Straus took place shortly after 9 o'clock this morning In the secretary's offices at the depart ment. Secretary Metcalf In relinquishing the duties of the office formally expressed to those about him his great personal regret at the severance of relations which always had been so pleasant. He assured them, however, that with the coming of Mr. Straus the cordial rela tions which he had with the people of the department would be maintained by Secretary Straus. Secretary Straus in a brief address expressed the desire to continue tho present relations that existed between Secretary Metcalf and the officials of the department and said that it would be his purpose so far as might be pos sible to continue the policies of his pre decessor. He said he would take his cue from the president, one feature of whoso great strength lies in the act that he could depend upon an I enlist the hearty co-operation of those about him. Hon. William H. Moody, formerly at torney general, today entered upon his duties as an associate Justice of the su preme court of the United States, thus bringing the court up to its full mem bership. He was Inducted Into office at the beginning of today's sitting of tho court. Having, as is customary in such cases, taken the regular oath of office in the robing room before entering the court chamber, he was presented Into the latter apartment by all the other members of the tribunal. As soon as the opening of tho session of the court had been announced by the court crier, Chief Justice Fuller pro claimed the presence of the new asso ciate, saying that it gave him pleasure to present him to the members of the bar. The clerk then read Mr. Moody's commission and administred to him a second oath, commonly known as the judicial oath. He was then escorted by Marshal Wright to his seat on the ex treme left of the bench when the court proceeded with the business of the day. Former Secretary Bonaparte was then introduced to the court as the new at torney general, by the solicitor general, succeeding Mr. Moody in that capacity. Secretary Metcalf arrived at the navy department in company with Secretary Bonaparte at 10:15 o'clock. Secretary Bonaparte in a brief ad dress congratulated the new secretary upon the compliment implied upon his choice for the office of the secretary of the navy. Secretary Metcalf briefly responded, declaring that he always had taken in terest in the American navy. At 11 o'clock Charles J. Bonaparte, the retiring secretary of the navy, took the prescribed oath as attorney gen eral of the United States and imme diately entered upon his new duties. COMMISSION'SIRIGHT TO FIX RATE UPHELD (By the Associated Press.) Washington, Dee. 17. In the case of the Alabama & Mississippi Railroad Company vs. The Mississippi Railroad Commission the supreme court of the United States rendered a decision to day in support of the contentions of the state. The case involved the right of the commission to fix a fiat rate of 3'-4 cents per mile per hundred pounds on car load lots of grain from Vlcks burg to Meridian, both in Mississippi. The water rate to Vlcksburg figured in the case, but the action of the commis sion in making the rate was based upon the allegation that the Vlcksburg Rail road was In the habit of giving that figure to patrons who also gave their business to the Shreveport & Pacific Road, an allied concern, while the rate to other patrons was ten cents per hun dred. The Mississippi supreme court sustained the action of the commission ers, and that finding was upheld by to day's decision.