Fall Leased Wire Service of the Associated Pruss.
Leads all North Carolina Afternoon Papers in Circulation
last mmo
4.LL THE M ARKETS.
THE RALEIGH EVENING T
IMES.
VOLUME 27.
TWELVE PAGES TODAY.
RALEIGH, N. C, THURSDAY, DECEMBER 20, 1906
TWELVE PAGES TODAY.
PRICE 5c.
MUCH INTERESTING
DATA IN CORPORATION
COMMISSION'S REPORT
Deals Fully With Railroad
Conditions in North
' Carolina
GREAT ACTIVITY IN
Freight Service is Very Hail and
Much Complaint us to Passenger
Service Gross Earnings of the
Railroads Show Considerable In
crease Over Previous Year Sev
eral Disastrous Wrecks During the
Year and Xumber of Deaths From
This Cause Shows Increase Diffi
cult for the Railroads to Get Cars
and Engines No Longer Main
tain Shops for Iluilding Rolling
Stock Hut' Arc Entirely Dependent
on the Various Car Works.
and the following comparison Is In
teresting: Gross .earnings, 1905$ $22,44
705; 1B06, $25,63Sfi2. "
Net earnings, 1905, $8,470,483;
X906, $8,717,116.
Increase In gross .earnings, 1905,
$2,053,765; 1996, $3,196,847.
Increase in net earnings, 1905,
$931,472; 1906, $246,633.;
Notwithstanding the Increase in
the volume of business the troflts
have not' increased in the same ratio.
This is due in part, at least, to the
fact -that the railroad companies
have not provided the necessary
MISCONCEIVED
II
POWER VESTEO
Roosevelt Has No Constitu
tional Right, He Says
M5
THE SPEAKER FORAKER
The Senator, Speaking of the Dis
charge of the Negro Troops, Adds
That (Oie President Also Miscon
ceived the Testimony on Which
His Action Was Rased.
(By the Associated Press.1)
WiishlnLton, Dec. 20. Immediately
In submitting its annual report
for 190C to the governor, the corpo
ration commission says:
North Carolina
Corporation Commission,
Raleigh, M, C. Dec. 14, 1906.
His Excellency, R. B. Glenn,
Covernor of North Carolina,
Raleigh, North Carolina.
Sir: We beg herewith to submit
equipment and racilities tor moving aft0K the senate convened today Bena
and handling the business until such tor Forjker's resolution looking to an
a congestion in traffic has occurred investigation by the senate of the pres
that it has become more expensive ident's discharge of the three negro
to keep the freight moving, besides companies of the Twenty-fifth Irtfan-
lh hpnvv cost nf the Innumerable y wa lanen up aim pwinuir rui .:,
suits for damages and penalties for
delays in transportation. This con-i
gested condition of business has been
ABOVE' ELEVEN j
MILLION BALES
BEN WILLIAMS' NECK BROKEN
ON THE GALLOWS HERE TODAY
AT HALF PAST TWELVE 10'
Cotton Ginned Up to the DATDirif CAVPfl Rll I Til fill I A
Thinln'nnth Inotont 'lf llUim UilLU U1LL IU UiILL tt
FROM THE CHAIR
i. .
Sentence Commuted to Life
Imprisonment
REPORT OF THE BUREAU
The Figures. Are: 11,000,001 , Pur .
This Year and 9,87SIX for the
Same Time Last Year. Shorting an '
Excess Over Last Year ol 1,801,181)1
Hales. )
addressed the senate in its support. He
began with the broad eleclarattiori that
"the president misconceived his con
stitutional power when he discharged
the troops, and he al?o misconceived
the testimony on which his action was)
based."
Mr. Foraker said that th'.e
president's constitutional power was
simply to command the army and navy
as commander-in-chief, while to con
giess the constitution gives power to
raise armies and to make rules and reg
ulations for its government. The reg
ulations prescribed that no man could
be summarily discharged without a
right to be tried, and the articles of
war. prescribe minutely how these
tiials arc to be conducted. That all
punishments should be !n accordance
with the directions of courts martial.
He contended after reading at length
from the articles of war, that it was
Inconceivable that the president should
be absolutely without restraint.
The president, he said, stated in his
message that these soldiers were guilty
plaints this year of the condition of," W " "'Tw 7"
a factor in causing the extensive
wrecks which have been so numer
ous this year.
The gross earnings on intrastate
business only, for the year ending
June 30, 19015, is $6,965,486.40;
and the net earnings for the same
period, on intrastate business only,
is 91, 803, 467. 5". The railroads
are making an effort to relieve the
situation. The Southern Railway
Company and the Atlantic Coast Line
Railroad Company are double-tracking
their main line at the worst con
gested points, and all of the systems
are enlarging their facilities an.l
adding to their equipment, but they
have by no means kept pace with the
increase in traffic.
Physical Condition.
There have been numerous com
to you the eighth annual report of
the corporation commission. Onr re;, road-beds and tracks in various parts
port for tne state tax commission I of the state. These complaints have
will bo handed to you under sepaar'te J been investigated In all Instances,
cover. This report contains a rcc-.and personal investigation was made
ord of the cases disposed of during on most of the railroads, including to provide against excessiv
the vear: conies of circulars and spe- the following: Murphy Branch of the'nicnt, had limited penalties.
cial orders issued by tho commission; Southern Railway Company; High
the annual reports. of fifty-six rail-, Point, Handlenjan, Asheboro &
road companies, two telegraph com--Southern; the Seaboard Air Line
panles, nine street railway compa- Railway ( Carolina Central Division) ;
nies, and the Southern Express Com-' the Pittsboro Branch; the Plymouth
pany, as of June 30, 1906; and re- Branch of the Atlantic Coast Line
ports of 264 state, private and sav- ( Railroad Company; and the Nash
ings banks of the condition of busi- ville Branch of the Atlantic Coast
ness on the 12th day of November, Line Railroad Company.
1905. This report also shows statls-j Unfortunately the commission has
Ucal tables giving t We assessment of not power to require a railroad corn-
all properties required to be asses- pany to put its physical property in had been separated from the service in
sed for taxation by the corporation a safe condition, but wherever there lieu of punishment by court martial,
commission and a distribution of was found to be need of it, they have , and in cases where the men would
same to counties and towns; statis- urged that it be done and have point-! rather take a discharge without .honor
tical tables showing the earnings ed out to the railway officials the ne-; tnan remain in the service and take
, ., . ... ... , mi .!, 'punishment. The case of the negro
anu eineruuin; expenses ui an ian- cessiij aittitui. mu uuuiusn bum ui - -
road companies both interstate an.l ' ders of the commission relating to
intrastate earnings, taken together these matters appear elsewhere in
and separately; tables giving the this report. In some instances tnej As t0 punishment in these eases he
average daily wages of all railway railroad companies have responded read the president's remark that he re
officers and employes, from general to our efforts and have improved the , garded the discharge as punishment
officers to trackmen; also table show- condition of their property in others, - wholly inadequate,
ing accidents to persons; the conditions are far from satisfac- Mr. Foraker agreed that if the men
Railroads. torv. It is true that the weather j were guilty of murder the .punishment
There are now In the state four! conditions this year have been bad SJSJL
great railway systems: Atlantic for keeping tracks in good order and , ta,y narahi ,.us tllese mcn g0 forth
Coast Line Railroad Company, Sea-j the scarcity of labor has affected branae(i ag 'lriU,-dcrers and conspirators
board Air Line Railway, Southern railroads as it has other corpora- j an,i perjurers."
article of war providing tliat a court
martial should direct this punishment.
This was all to fcuard against the ex
ercise of an autocratic power. Congress
puulsh-
Mr, Foraker cited cases from the
work of General Davis on military laws,
where refusal to give testimony was an
offehse under the head of "disorder"
and was punishable by court martial.
Questioned by Lotttje.
Senator Lodge asked an explanation
Of the oWl discharges from the army
"without honor" during the past year
but Mr. Foraker contended that these
discharges had not been ordered as a
punishment. The men In these cases
I troops was altogether different. The
I negroes bad desired to slay in the service.
Railway Company, and the Norfolk tions, but they should be required to
& Southern Railway Company, the keep their physical property in such
latter being formed since our last re- condition as to move their trains
nr.ri hv imuinir linrW a morepr thfi nrnmntlv nn.i with safety. Every ! had served
following independent roads: 'Nor-' wreck caused by bad road-bed en
folk & Southern Railroad Company,1 talis loss on the company,, tempora
Virginla & Carolina Coast Railroad rily blocks and delays traffic, and in
Compahy, Suffolk & Carolina Rail- directly affects every shipper on the
way Company, the Atlantic & North line.
Carolina Company (under a lease to Accidents,
the Howland Improvement Com- There sems to have been an un
pany), the Raleigh & Pamlico Sound usual number of wrecks of freight
Railway Company, and the Pamlico, ! trains during the year and one dis
Oriental & Western Railroad Com-' astrous wreck of passenger train No.
pany. All of these systems are now 44 on the Seaboard Air Line Rail
engaged in constructing new rail- way. This occurred about 8:30 p.
roa.is in different parts of the state, m., July. 22nd between Rockingham
Perhaps at no time In the state's hls-(and Hamlet. It was a head-on col
tory has there been so much activity lision of No. 44 with a freight train
In railroad building as this year, j running from Hamlet as second No.
There are now in operation in the' 39. In this wreck twenty-two pas
state 3,991 milea of railroad against' sengers were killed and thirty-flve or
3,859.09 miles last year and 3,803.09 more injured, some of whom after
miles in 1904. Of this amount 947 wards died from their injuries. As
miles are operated by, the Atlantic soon as. the commission learned of the he received unanimous consent to mod-
Taking up the Individual records of
the soldiers, Mr. Foraker said the first
tnan on the list was a sergeant who
twenty-six years. Each
time his enlistment had expired his
record was good and was characteriz
ed as "excellent," "good soldier,"
"character excellent,'' etc.
"Why, Mr. President," declared Mr.
Foraker, with great vehemence, "an
atrocious crime has been committed if
that man is not guilty. He goes forth
branded as a murderer."
Senator Gallinger has opened the
fight in the senate for an Increase in
the salaries of members of congress,
which movement was defeated recently
In the house. He Introduced today an
amendment to the legislative, e xecutive
and Judicial appropriation bill provid
ing for an increase to $7..r00 annually
of the salaries of senators, representa
tives and delegates in congress. ,
Ones Over Without Action.
When Senator Foraker concluded his
remarks on his negro troops re-solutions
(By the Associated pi
Washington, Dec. 2" - According
to a bulletin issued by the census
bureau today there has liven ginned
up to eDcember 13 of this year cot
ton crop 11,099,001 bale-, against
9,297,818 at this time las; year.
The number of ginneries reported
in operation this season prior lo De
cember 13 was 28,322.
The number of bales
ginned in the states of
belt to Deeomber 13 was
Alabama
Arkansas . . .
Florida
Georgia
Indian Territory . . . . .
Kentucky
Louisiana
Mississippi
Missouri i
North Carolina
Oklahoma .
South Carolina
Tennessee
Texas
Virginia
The sea island cot ion
distributed by states Is
880; Georgia, 20,7ft I;
Una, 6,656.
The last report sho ved .fl,027,S68
bales ginned to Decentbor iK 1906.
THE REASONS GIVEN
Governor Higgins Issues a Statement
Showing Why He Takes Action in
This Case Which is in Senile- Re'
speets Without H Parallel in Our
History.
the Associated Pi
N. V.. Dec, 20.-
iddy commuted to
life the sentence of death
ess.l
Governor
Imprison-
ACTION AGAINST
ICE TRUST BEGUN
Attorney General Maygr Pre
sents Case for People
of cotton . ,p
I In- cotton , ,,
. ,, Albany,
is tollows:
1,183.887 H,Kg,na 1
.. 4, , o., ment for
55 5 75 ' antler which Albei t T. Patricl
1 R13.416 I remained nearly five years
32.3,894 j conviction of the murder of William
1,-204 Marsh Hie-o, the aged Texas million
76;'., 999 I aire in New York City.
l,187,i 14. ,, announcing the commutation Gov
crhor Higglns issued the following
546,64.) : memorandum::
316,848! "Albeit T. Patrick has been convlct
8337,793 j eel of the murder of William M. Rice
219,971 i and the judgment of conviction has
837.793 been affirmed by a divined conn. It Is
not claimed that Patrick committed tne
murder in person but that he procured
the ae.'t to be done. He h:is been cen-
viefed principally
of Charles F. June
he murdered his master while he lay
asleep, Instigated thereto by Patiick.
ami Jones by his testimony has pur
chased his own immunity from trial or
punishment. Neither this fact alone,
nor the review of any of the facts air
HALT IN PANICS
The Young Negro Went to
His Death With the Ut
most Calmness
Claims Made for the Credit FAREWELL STATEMENT
Currency Measure THflOUSN HIS ATTORMEY
REPORTED TO HOUSE
Chairman Fowler of the- House Committee-
on Hanking and Currency
Submits Gie Report Which Sets
Forth With Terse Vigor the Ad
vantages ef Currency Advocated.
(By the Associated Press.)
Washington. Dec. 20. Chairman
Fowler of the house committee on
currency submitted to
house today his report on the
Murderer of Aleck Clark Said He
Pelt No Malice Toward Any One,
Was Very Thankful for the Many
Kindnesses That Had Been Slwwn
Him, and Desired to Meet All
Present in Another Land Bade a
Cheerful Farewell to His Fellow
Prisoners as He Passed Out of the
Jail, and Waved Hand to Friends
Outside Drop Fell at 12:30, and
Life Pr ., ce.l r.winct at 12:40.
! banking and
nas
,.!"e
ni'r.1it iiiei'niini' ltill n o-rnor). n linn
lumt vuiniit; 'j hi t&i tcuj uvki u.T
Ben Will
the gallows i
day at half-pa
ind ten minutes
the committee. The report reiterates i pronounced life e. icl
lecie was broken on
e. jail yard here to
. 2 o'clOCi exactly,
he phynlcians
12,114
for 1900,
Florida; 21,
South Caro-
POINTS IN COMPLAINT
The Combination Knahled to Fix the
Price in w Yerk by Control of
the Landing Depots Independent
Dealers tinder the Thumb of the
Trust.
Coast Line Railroad Company, 61 2 ; disaster they at once began an inves
miles by the Seaboard Air Line' Rail- tigation and examined witnesses both
way, 1,320 miles by the Southern' in Raleigh and Hamlet. This Inves
Rallway Comapny; whild the Norfolk1 tigation satisiied the commission
& Southern Railway Company is ope-' that this accident would not have
rating 320 miles and has uhder con-! happened if the "Block System" had
struction about 120 miles more. Five' been in operation between Rocking-
new railroads have baen put in ope- ham and Hamlet. The officials of the
ration since last year, namely: Dur- road wye urged to adopt the "Block
ham & Southern Railroad Company, ' System" on their main line at once,
Bine Ridge and Atlantic Railroad' but uj to this writing they have not
Company, Carolina & Glenn Anna done so.
Railway Company, Raleigh & Pam- Last year there were 114 killed
llco Sound Railroad Comapny. and 787 injured by the movement of
The proportion of expenses to net. trains; this year there were 126
earnings is unusually large this: year,' (Continued on Second Pnge.)
ifv the resolution so that It now di
rects the senate committee on military
affairs to Investigate the circumstances
leading up to the discharge eif the negro
tiexps. Mr. Lodge replied briefly to
Mr. Foraker's speech and Senator
Scott remarked that as he had read the
history of the Spanish-American war.
the Tenth Cavalry, colored, was large
ly responsible for the preservation of
the Rough Riders. "If it had not been
for the Tenth Cavalry we might not
today have the privilege of having that
gallant soldier, thit splendid president
today in the white house," he added.
The resolution of Mr. Foraker goes
over without action until after the
holiday recess.
(By the Associated PresF.)
Albany, N. V Doc. 20. Attorney
General Julius Mayer, in the name
of the people of the state of New
York, today began an action against
he American Ice Company in the su
preme court of New York county for
the dissolution of the so-called "ice
trust." A summons and complaint
Issued here last night was forwarded
to the New York City representatives
of the .attorney general for service
today upon the proper officials of the
company.
The complaint allegOB as a princi
pal feature of the "scheme an ar
rangement" by which the Company
secured a practical monopoly of the!
natural and artificial ice output and
distribution especially in greater
New York and the communities In
that vicinity, that it secured conltol
of the Maine ice field and caused a
reductiem there last year of the
usual harvest from a million and a
half Ions to one-third of that amount, i
The other sources of supply are al-j
leged to be similarly controlled.
The key to the Ice situation in
New York City Is pointed out as lying
in the company's control of the "ie:e j
bridges" or landing depots, by
which means it is alleged the com
pany Is enabled lo fix the price of
ice, resulting last summer in an in
crease from $1.20 a ton at the
bridges to $." and $6 a ton to the
independent dealers, who are alleged
to be controlled by thr- company, and
who supply the retail trade.
It la said that by the time the Ice
reaches the poorer customers it cost
(Continued on Paga Seven.)
le'ady" passed upon by the courts at
I sonic slnere of these nroeeedinirs would
seem to me to warrant Interfering with
the judgment of death sentence against
the defendant; but three of the seven
judges of the e-om t of appeals wen. so
streingly of the opinion that errors were
committed at the trial which were sub
stantially prejudicial to the rights of
i Patrick that I feel that the death pen
f.alty ought not. under all the clrcum
I stances to be Inflicted.
"In view eif these facts and the grave
I'doubts expressed by these judges, I am
i satisfied that 1 ought to relieve the de-
Cendant from the extreme penally of
j the law and commute bis sentence to
! imprisonment for life."
Without a Parallel.
The case of Albert T. Patrick is lr.
many respects unparalleled. It is
doubtful if ever before a convicted
man, has played so large a part In the!
conduct of hhvowh case, even turning
his narrow quarters in the "eleath cell"
of a state prison practically intei a law
office. Rice died September 3, l'JOO;
Patrick anel Jones were arrested Oeto
her 4th. Jones at first declared that
Patrick himself had chloroformed Rice,
but in other confessions, which varied
materially, he said he killed his master
at Patrick's instigation. This state
ment was the principal evidence to sus
tain the murder charge against
Patrick. Jones was never tried cither
as a principal or as accomplice. H"
Was released and is said to be living
In Texas.
the committee's assertions that bank
book credits are identical with bank
note credits, and that it should he
a( the option of a depositor of a
bank to say whether he shall have
current credit of the bank or a booii
subject to his check. The report
continues:
"Your committee asserts that it is
immaterial whether the obligations
upon the testimony of abank are in the form of deposits
, who confessed that I .ithieet to chee k or of credit bank
notes, providing that the reserves
are ample and the same amount is
required for the protection of each.
With the same fredom on the part
of the bank to Issue its credit notes
that it has to accept deposits subject
to check the habits of a people will
determine whether the deposits or'
a bank or its credit notes are Co
larger."
Advantages Claimed.
The advantages of a credit cur
rency are set forth by the, report as
follows:
"It will lower and equalize the
rates of interest throughout the Uni
ted States.
"It will make the rates practical
ly uniform throughout the year.
"It will give to the country dis
tricts as economical a form of credit
as the cities enjoy where checks are
chiefly used.
"It will give tei the mass of the
people, who use currency in their
smaller purchases, as economical n
form of credit as those enjoy who
use checks in their larger transac
tions. "It will make It possible for the?
banks generally to serve such of
their customers as may want cur
rency without disturbing their fe
serves te the great injury Of other
customers who have loans which
must be paid before the currency
can be advanced; for it is immaterial
to a hank whether it owes a deposi
tor or a note holder.
'It will almost invariably prevent
MANLY PAYS AND
IS DISCHARGED.
The condemned i. r. van calm to
the last. There wu i bravado
about him, howevei. e . as iplUn
and composed, as he han a i all the
time in his cell.
When Williams was ask 1 'ty the
sheriff before the black cap KVs ad
justed if eie had anything to ai. he
motioned to Mr. Charles U. Karri
his attorney, who was upon the sal
lows platform with him, and Mr.
Harris stepped to the front of th
platform and said:
"Ben Williams desires me toaa
for him that he bears In his heart no
malice toward any one, that he feels
thankful for the many kindnesses
that have been shown him, that he
feels that he has been justly dealt
with according to law, and that he
desires to meet you all in another
land."
Then Deputy Sheriff Stell, assisted
by Deputy T. E. Daniels, rapidly
bound Williams' hands behind his
back and tied his feet and legs to
gether and placed the black cap over
his head and fitted the noose around
his neck as he stood on the trap of
the scaffold. The only thing to show
that the man was not perfectly at
ease while this part of the proceed
ings went on was a slight swaying of
his body after the cap had been put
over his head.
Immediately that the noose was
made fast about the man's neck the
deputies stepped aside from the trap
and Sheriff Sears released the trap.
The body of Williams shot down till
his head was just about even with
the floor of the platform. There was
a sickening thud as the rope tight
ened. A few convulsive heavings of the
legs and shoulders followed, and
then the form hung tense for a few
minutes, after- which the muscles
seemed gradually to relax. The man
seemed to die so slowly that at first
it was thought the neck was not
broken, and that he was strangling
to death, but a brief examination by
any panic whatever and Will always I Dr. James W. McGee, Jr., the county
(Special to The Evening Times.)
Salisbury, N. C, Dee. 20. William
W. Manly, arrested on the charge ol
embezzling $11700 from the Robert
Portner Brewing Company, who were
running a branch beer establishment
here, was discharged today upon the
avert a ruinous crisis.
"If at any time contraction of
credits becomes necessary because
too much of the commercial fund
has been diverted and transformed
Into the investment fund, a credit
currency 'will facilitate liquidation
without that destruction of value.',
incident to a fixed quantity of cur
rency such as we now have.''
payment of $1,200 to the Virginia J
company bonding him. No reward i
was given, as Manly's brother brought i
him to Salisbury.
FATAL QUARREL
AT
The House- Aeljemrns.
(BV the Associated press.)
Washington. Dec. J0.-The house
adjourned Until January :rd. 1S07.
FULBRIGHT
(Special te The Evening Time's.)
I Statesvllle. N. C, Dee. 20. Last even
i ing at Fulbrlght, fourteen miles from
here anel near Alexander county line
A. B. Stewart and William Young en
gaged in a eiuarrcl, and Stewart shot
' and killed Young. Stewart claims
! Vnunir Wan nflvunnlno- .,. Htrv, Itti mi
open knife and that he shot in set
elefemse. Stewart will be brought to
Statesvllle this afternoon and the pre
liminary trial will be held.
physician. Dr. W. C. Horton, Dr.
Ralph Stevens and Dr. C. O. Aber
nethy, the acting city physician,
showed that the neck had been bro
ken. It is considered jinusual for
life to remain in a body' as long as
ten minutes when the neck is broken
at the end of a rope.
Heard Death Warrant Calmly.
It was about ten minutes after 12
o'clock when the sheriff and eight or
; le'ii of the township deputies and a
j few others, led by Jailer Parham,
lla entered the jail and proceeded to the
cell in the new tower, which has been
assigned to I he use of prisoners con
demned to death, on account of Its
separation from the other cells, and
I which Williams has occupied for the
' past week, it having been hurried to '
completion so that he might have op
portunity to get to himself and talk
privately with (he ministers.
When the party reached the cell
Williams was talking with several
j colored ministers, among whom was
(Special to The Evening Times.) j Rev. James E. King, rector of 8t,
Sniithfielel, N. C, Dec. 20. I Ambrose Episcopal Church here, wht
Charles Peacock, who has been on j was to go on the scaffold with him.
trial In the superior court here Williams was neatly attired in a
charged with the murder of Alonzo j black sack suit, white low collar and
V. Jones, was acquitted at S:R0 last j small black tie. He greeted the
night, the jury returning a verdict jailer standing up and apparently per
of not guilty. fectly calm.
Peacock was, at once released amid Jailer Parham opened the cell door
applause, and was warmly eiongratu-. and formally led Williams out intb
ACQUITTAL OF
CHAS. PEACOCK
lated by numbers of friends.
I
(Continued on Page Seven. j