North Carolina Newspapers

Full Leased "Wire Service of the Associated Pross. Leads all North Carolina 'Afternoon Papers in Circulation LAST EDHTOtf. ALL THE MARKET THE RALEIGH EVENING TIMES 0 VOLUME 27- TWELVE PAGES TODAY. EALEIGH, N. C, SATURDAY, DECEMBER 22, 1906. TWELVE PAGES TODAY. PRICE 5c. THE SUPREME COURT SUSTAINS LEASE OF A. & N. C RAILROAD IN DOWN TODAY DECISION HANDED Chief Justice Waiter Clark files Dissenting Opinion, However END OF SENSATIONAL CASE OF LONG STANOING Decision is n Bulky Document aud Covers AH the Points of Law In volved Judge Long Upheld in the Opinion That Commonwealth Acted Within Its Rights When Leasing the Itoad to How land Im provement Company Man Who annual meeting hela'oh September 2Sth, 11105, and If the change of the depository from the state treasury to the Loan and Trust Company Was not authoriz ed and did not meet with the approval of the stockholders, they were put on inquiry by the report of the change in the depository and no complaint was made, although that was the time to speak and to raise objections, "If all this was lrnrsttn and unwar ranted," the court says, the court was right in deciding, upon the authorities we have already cited, that it, as well us the other nllegwrAjnteslonR aud de fects In the prob'dlng3 and transac tions, had been fully waived and the lease in respect to them had been ratl lled by the subsequent conduct of the stockhoklers. Including the plaintiffs '' As to the objection concerning the in crease In freight rates, the court states that It !s sufficient tu say that the stip ulation not to raise the rates is in the form of n covenant without a clause of forfeiture annexed to It, as there Is in the ease of the deposit. It la further- HALF A DOZEN DEAD IN CAGE more staled that II the lessee fulled ti make and keep that good, the lessor I tai ily Sought to Break Lease Owned Two hud the right to re-enter and determine I with Shares of Stock. In an opinion handed down today the state supreme court sustained the lease of the Atlantic & North Caro lina Railroad, now a part of the Nor folk & Southern. The lease was made by the state. All of (he justices concurred, but Chief Justice Clark filed, a dissenting opinion. Suit to annul the lease was brought by Hill, the owner of two shares of stock. The county of Craven was a party to the suit, and at the recent hearing in New Bern Judge Long sustained the instrument made by the commonwealth. The Four Allegations. Suit was brought by the plaintiffs to annul the lease of the Atlantic & North Carolina Railroad Company to the Howhtnd Improvement Company. The action was commenced by W. F. Hill in behalf of himself and other stockholders, but afterwards C. E. Foy and the board of commissioners of Craven county came In and were associated as plaintiffs (By the Associated fress.) St. Louis. Mo., Dee. 22. One miner is known to have been killed, five others are believed to be dead and another was seriously injured by the dropping of the cage today in the shaft of the Braesc-Trenton, Coal Mining Company, about ton miles west of Cailyle, Ills. Carlyle is forty-eight miles east of St. Louis. The details were learned by long dis tance telephone. The accident occurred as the cage carrying six miners was descending. The cage had descended throe hundred feet down the four hun dred foot shaft when it stuck monien- nnd then crashed to the bottom noise like an explosion. ROMANCE OF THE ANGRY NEGROES GIRL EN MASQUE USE HOT WORDS Supposed Man Female Spy Savagely Denounce President of Russian Government j for Discharging Battalion DEATH LIFTS HER MASK HE HONORS LYNCHERS Alleged Husband of Three Wives, So They Declare, Adding That the Nicholas Ie Raylun Led a Life , Hlood of Innocent Men and Women That in Many Besnccts Was More Slain by Red-Handed Clans of the Wildly Romantic Than the Career South (Ties Aloud to God for Ven of Monte Orito. seance. RALEIGH AND PAMLICO MAY BUILD A BRIDGE OVER PAMLICO RIVER MR. ROOSEVELT WRITES AGAIN Will Cross the Stream Op posite the Town of Washington the lease, but not so if ihe freight I H is Known that August Foppey is charges were increased. dead. Walter Sehaffner. Herman The court says if the covenant had Plater, Henry Mlddeka. Herman Holt been broken and there was a continued j man and Frank Sane are buried under Infraction of it, they would not mean debits and it Is feared all are dead, to say that a court of equity could not i WHiaui Fiitz' leg was broken and Ills afford relief by a mandatory Injunction; body was bruised, or other appropriate equitable remedy, and compl strict Observance t tne stip ulation, though in the form of a cove nant, if sufficient ground Is shown for Itii Interference, and especially if from the peculiar nature of the covenant the j breach can not be compensated in dam-1 ages recoverable at law, or if the legal remedy would for any other reason be i inadequate. The fourth objection, Whether tliej lease -was ultra vires or beyond the power of the lessor to make, it is RUSSIAN COUNT KILLED BY BOMB (By the Associated Press.) Tver, Russia, Dec. 22. Count Al exis Igilatieff, a member of the coun cil of the empire and ex-governor of said, was an exceedingly important matter, but that the difficulty of de ciding it had been greatly lessened by the former decisions of the court. In this connection the case of the Kiev , Volhynia and Podolia, was shot lease of the North Carolina Railroad iand kj)ieQ by an unknown man here in 1871. to the Richmond & Danvilla , today jn tne refreshment room of the Railroad Company is cited in tbe;na1 occupied by the nobles assem opinion, the) same having been for a!i,iv poriod of thirty years. It is pointed The assassin fired six bullets from out that sections IS and 19 of thei. revolver into his victim's bod v "and The lease was attacked upon the (charter of said road and the lessor Uun tried to commit suicide, but was following grounds: (company in this case giving tne ! seized before he could do so, and is First. That the meeting of the j power to "farm out'" the right of now in custody of the police. stockholders which authorized the transportai ion are identical an action (Ry the Associated Press.) Chicago, Dec. 22. The Inter Ocean today says: That iNicolai De Raylan, alleged woman "husband" of three wives and confidential secretary of Baron Von Schlippenbach, Russian consul in Chicago, was ' employed by the Russian government to watch the 'consul's office and keep the czar's emissaries informed as to the activi ties of the Jewish revolutionary j bund in Chicago, was discovered yes terday. v Isaac Lipschitz, one of Ihe heads of the Jewish bund and a noted "un derground worker in Kussla, recog nized a photograph of De Raylan and declared that the dead secretary, under the name of Wile Raczowltss joined the bund in January, 190r. He said also that "she" had been made one of the "receivers" of the fiunous "dynamite fund" aud in trusted with $273, the receipts of a revolutionary meeting at the west side auditorium in 1 905. For some reason this fund never reached the Russian confreres of the revolution aries, but no suspicion attached to Mile. Raczowitz as portions of the "dynamite fund" frequently went astray In transit. f De Raylan also had been suspected by Prince Engalitelu a. Russian vice consul in Chie'eo. iiording to friends of the prince. i execution of the lease was irregularly called. Second. That the lessee had not made the deposit of bonds required j was brought by the state to test, the i validitj of this leas,' and to enjoin UDC 11 A fJATTJQ the company from changing thclnHUi lit Ul I 1 10 guage of the road, it being contended ! to be made before the lease should that the lease was executed without become effective. authority of the law. The court de-j Third. That ihe lessee had vio- cided, after a careful consideration lated the contract on its part by in- of the question at issue, decided that' PARALYZED creasing freight charges beyond what they were when the lease was exe cuted. Fourth, That the lessor company had no power to make lease, and by doing so it was an ultra vires act. An to the irregularity of the man ner in which the meeting was called, Judge Walker says no stockholder who was not present but Hill had complained of what had been done at the meeting in New Bern, and the adjourned meeting in Morehead. Foy was there and the board of commis sioners of CkVen county was duly the power to "farm out" which wasi Ml.s w A OattiK suffered a stroke given by the charter fully authorized f ;a, Mg afternoon aD0Ut 2 the making of the lease and that it was lawful and valid. A number 0f Clock aTlt lhJ n.ome aer-son. Mr. ciianes n. uauis, anu is inougui io be in a critical condition. other decisions along the same lino are cited. The dissenting opinion of Chief Justice Clark was not on iile with the court this afternoon. Lease Was Good Business. The lease ot the property to the Howland Improvement Company was regarded as the crowning event of Governor Aycock's administration. The results were startling, in that Afe : I rne results were st.iiinu, m mui. represented. Jle meeting was hold they proved the utter inefficiency of on hoptemoei, IUU4. hrst at isew the manUgement in former days. Bern and then adjourned on the same The ,ease however, did not give sat day to Morehead City. Hill was not ...,. nnH fhp distrruntled ele- present in person or by representa- ment appeaied to the superior court tive. Foy was there and protested un h.,vn tt nnnulled - against making the lease, and the court holds that, consequently, he Mr. Hill Comes Forth. When the suit was heard before was not in a position to complain ofJll(Jge Long at New Bern Mr. HiIlj want of notice. It was held that the silence and inaction of the plaintiff Hill from September 1, 1904, to Sep- a stockholder, was the leading spirit working against the lease. He held two shares of stock, although at the Mrs. Gattis, who is about 65 years old, was down town today, appa rently as well as usual. She re turned home shortly after 1 o'clock and complained of a feeling of stiff ness in her limbs. Xot long after that she fell to the lloor unconscious. Her younger son, Mr. Lewis Gattis, was at home at the time, and Dr. James McGee reached Mrs. Gattis in a very short time. He found that her right side was powerless and that she had lost the power of speech. Dr. McGee thinks it will be several days before anything definite can be determined about Mrs. Gattis' condition. Pv the Aoc.;ated Press. 1 Philadelphia, Pa.. Dec. 22. William A. Sinclair, president, and N. F. Mos sell. Secretary of the local branch of tne Constitutional League, today sent a lengthy message to President Roose velt 'denouncing the action taken in dismissing th'e members of the i; t li in fantry. After protesting against his "superheuted denunciation of the col ored troopers" the message takes up the reference to shielding criminals and charges that even up to the present day "murderous organizations of white Mien In the south are carrying on their war op the colored people." The pro les' continues: "These secret elans hesitate not to assassinate United states government officials and band together to shield and protect each other. They are sup ported by white people and have very recently seized and lynched a prisoner who was in the custody of the supreme court of the L'nlted States, and while the lynchers were in Washington an swering the charge of contempt before the supreme court of the l'nlted States the nation was shocked by the fact that the president received anil honored the lynchers at the white house. As a matter of fact no people has shielded more criminals and covered up more crimes than the white people of tie south. And in the south the blood of more Innocent men and women, slain by brutal red-handed white clans, cries fmm the ground unto the vengeance of God than In all the oilier parts or Ihe country put together." j THREE DEAD IN FLAMES ORGANIZED BY DM Mother and Two Little Ml- A Big Mining and Fnrnnce dren Perish Miserably i Corporation Quotes Civil War History in LOWEfl HOT REFUSED 10 GRANT INJUNCTION Reply to Foraker MUSTER OUT OF TROOPS Correspondence Regaitliiig the Six tieth Ohio Regiment of Infantry Given Out at the White House. Matter Has Hearing on Action in Brownsville Affair. Firemen Get a Gliihpsc of the This Million and Half Concern Has Mother's Anguished Face at a its Field Of Operation in Alabama. Windom, But Tliey See Her No w. R. Housnl of Hamlet a Di More in Life. rector. teraber 2S, 1903, was a waiver of any jtlme the property was transferred he right he originally had to object to j was uot a stockholder of record. The irregularities of which he made com- county 0f Craven became a party to plaint. In this connection the court itae litigation, and tae expense of the says: "Before proceeding further, wejtriali as has been stated heretofore, cannot do better Ihan direct utten- fell upon the taxpayers. There was Hon to the steady and unvarying cur- L blg difference of opinion in Craven, rent of judicial thought upon this j mnny or tiie citizens contending that subject, as indicated in the decisions h was unjllst to inflict the burden of some of the courts whose opinions are entitled to the highest respect, and who have had similar questions under consideration. "If he (the complainant) wants pro tection against the consequences of an ultra vires he must ask for it with suf ficient promptness to enable the court to do justice to him without doing in justice to others." Robe vs. Dunlap. HI N. J. As to the second objection as regards the deposit of bonds the Idea being to have $l(KI.0OO on deposit to Btcure the performance of the stipulations' of the upon them when they were not pro testing and when I hey were satisfied with the action taken by the com monwealth. Grounds for Complaint. It was alleged by the attorneys for Hill et al. that the state had no right to lease the road. There were other grounds upon which they sought to have the Instrument set aside. Within the past few months the railroads in the eastern section of the state were merged under the name of the Norfolk & Southern and the At- lease the court holds that the same iantc & Nor,th Carolina was included uasonlng applies to this ground of jn tne merger. It has been said all complaint as that applied to the first , ' th t if lh B,)rame court had objection, namely, the want of sufficient . declaed otherwise from the action notice of the stockholders meeting. It I taken today the matter would be .1... tl... I Mil ,lei,nst ,s ,ecu fought in the federal court, and natu- had been made with the Wachovia B . ' Loan and Trust Company, was called J rally the opinion is pleasing, as it Is to the attention of the stockholders by the president of' the company at the considered best and proper and be- ( Continued on page seven.) LEO AND COMPANY, BROKERS, SUSPEND (By the Associated Press.) New York, Dec. .22. The suspen sion of the brokerage firm of Arnold Leo & Company was announced' on the stock exchange today. The board member of the firm is Edgar F. Leo. He has been a mem ber of the exchange since 1904. The firm did a very active busi ness, and it is understood that re cently it has been carrying a num ber of accounts in Reading, which has been declining recently. . (By the Associated Press.) nV' York, Doc. 22. Mrs. Alice Linen McWithey and her children, Helen, six years old. and Elizabeth, four years old. were burned to death in a fire that de stroyed their home at Pompto Lakes, N. J., early this morning. The mother and children were the only occupants of the house when the fire started. Mr. McWithey is a jewelry engraven-, em ployed in New York, and at the holi day time was obliged to remain in the city during the night. How the fire started is not known. Neighbors were aroused by the cries of Mrs. McWithey and when they went to her aid they found the whole lower part of the house in flames. The vil lagers got to work with buckets, but their efforts to subdue the fire were fu tile, and the house was reduced to ruins. Mrs. McWithey had found the escape of herself and children cut off. and she was seen standing at a window ap pealing for help. Before a ladder could be procured Mrs. McWithey fell over come by the flames. After the ruins cooled sufficiently a search was made for the bodies. In the cellar was found a portion of Mrs. McWIthey's body and u fragment of the body of one of the children. BASHFUL BOW OF A HUGLESS WALTZ. FARMER DIES FROM CORN DRUNK. (Special to the Evening Times,) Favetteville. N. C, Dec. 22. Frank Clark, a young farmer of Har nett county, died on his way to this) city yesterday afternoon from the j effects of too much "blind tiger" j corn. He told his brother he be-1 lieved he would take a nap, and laid down in the wagon. On reaching here he was found to bo dead. (By the Asso .Iated Press.) Chicago. Dee. '.'2.- "llugless" dancing and "waterless" swimming are to be taught in the Chicago public schools beginning January 2. The 270,000 pupils will balance forward and back trip through the rythmical steps of the stately mazurka, glide gracefully into waltzes and two stops, trip through i polkas or dash over the floor in an old ; fashioned galop. But they will trip. glide and dash alone. No youthful arm will be allowed to belt the girlish waist. and thev won't even know that they. are dancing because In the curriculum the "hugless" dancing is catalogued as; "fancy steps." As for the "swimming the pupils will be allowed to hang themselves from Hying, hickory rings and go through the motions of swim ming n mid air. (By the Associated Press.) Norfolk, Vu., Dec. 22. James M. Barr, former president and general manager of the Seaboard Air Line Hallway, has organized the Wood stock Iron & Steel Corporation un der a capital of $1,500,000, with ar ticles of incorporation from the state of Virginia, for the operation ot large mining property in Alabama and the establishment and operation at Birmingham and Anniston, Ala., of nig iron furnaces to be made among the largest and most extensive j in America. The executive omces ot the corporations will be at Norfolk with these officers: j. M. Barr, president and treas urer; J. B. Carrington, of Birming ham, Ala., vice president, and A. W. Wagner, of Norfolk, secretary. The directorate will be composed of the above officers with Ernest Williams, of Lynchburg, Va. ; W. R. Bonsai, of Hamlet, N. C, W. H. McQuail, of Pottsvllle, Pa.: B. L. Dulaney, of Bristol; Tenn. Henry T. Debardelehen, of Bir mingham, Ala., will manage the fur nace and ore plants. R. H. Elliott, of Birmingham, is also largely inter ested in the new corporation. C, A. Carpenter, chief clerk to the president and general manager of the Seaboard Air Line under the ad ministration of Mr. Barr. will, Janu ary lsjf, leave the Seaboard to become general purchasing agent for the new corporation, which expects to begin its active operations in Alabama within sixty days. C.RMAI OF MAIL MATTEK HAS GONE VV IX SMOKE, (By the Associated Press 1 ' Muskogee, I. T., Dec. 22. -A car load of mail matter from Texas points and consisting principally of Christ mas packages was practically de stroyed south of here late yesterday by the burning of a mail car on a fast northbound Missouri, Kansas & Texas passenger train. (By the Associated Press.) Washington, Dec. 22. Correspond ence regarding the muster out of the Sixtieth Ohio regiment of infantry, concerning which Senator Foraker, in a speech in the senate this week, look issue with President Roosevelt, was given out at the white house today. Reference to the muster out of the regiment was made by the president in his answer to the senate resolution asking for information bearing on the discharge "without honor" of a battalion of the Twenty fifth regiment of infantry for alleged participation in the trouble at Brownsville, Texas. The correspondence includes let ters passing between Brigadier Gen eral Tyler, commanding at Camp Douglas, Chicago, and officials of the war department and pension office at Washington. In a letter to Ad jutant General L. Thomas at Wash ington, dated Chicago, October 22, 18ti2, General Tyler uses the words "This regiment (the Sixtieth Ohio volunteers I is disorganized, mutinous and worthless." "The officers," he adds, "have not. the least control over the men, the men are mutinous, and I am absolutely without power to en force subordination." , He asked that the question of the discharge of the regiment be brought before the secretary of war. "It will," General Tyler adds, "rid the government of a worthless regiment." Next is a telegram from General Thomas directing the muster out of the regiment, both officers and men. A note in the correspondence says the organization of the Sixtieth regi ment was completed on or about Feb ruary 2S, 1S02. This is followed by the recitation of a war department record, dated October 27, 1874, signed by Assistant Adjutant General Thomas M. Vincent, which says: "Make the necessary notation on the proper rolls to show that the Six tieth Ohio volunteers (one year or ganized , captured and paroled at Harper's Ferry September lii, 1S62, was mustered out November 10, 1S112. by an order telegram dated October 27. 1S62 from this office, by reason of its being disorganized, mutinous and worthless' The last letter In the correspond ence Is from General Tyler to General Thomas, dated October 23, 1S62, In which he tells of a spirit of "insub ordination bordering on mutiny" among the men of the camp, due to the insubordination of the Sixtieth regiment, and the "Inefficiency of the men,." and to the fact that he had to order the entire regimen) under guard, with good results. Case Was Argued in the Supreme Court Lust Week Opinion Writ ten by Judge Connor Testimony as Adduced in the Hearing Before Judge McNeil) Was Very Conflict ing When Effort Was Made to Prevent Construction of the Bridge It Did Xot Cause Work to Be Stopped Railroad Officials Felt Confident They Would Be Sus tained liy Courts and Bridge is Nearly Completed. FAINT HOPE HELD OUT FOR CAFFREY. (By the Associated Press.) New Orleans, Lit., Dec. 22. The condition of former United Slates Senator Caffte.v, who is suffering from acute kidney trouble, was prac tically unchanged early today. His physicians hold out only faint hope that the aged senator will he able to resist the attack. Mr. Caffrey came to New Orleans last Tuesday to attend the session of the supreme court. Yesterday after noon, while in his apartments at the Cosmopolitan Hotel With his daugh ter, he was stricken with pains that resulted in unconsciousness. Physl c)ans were Immediately summoned and diagnosed his ailment as cardiac trouble. The Raleigh & Pamlico Railroad will be allowed to build the bridge over the Pamlico river, the supreme court having affirmed the opinion of the lower court in a decision handed down this morning. Case was ar gued last week. The bridge has been nearly completed, the railroad com pany having gone on with the work, feeling confident that they would win out. It was entitled LeRoy Pedrick et al. vs. Raleigh & Pamlico Sound Railroad Company and was from Beaufort. This was an action brought by citi zens of th town of Washington for the purpose of enjoining defendant corporation from constructing and maintaining a bridge across the Pam lico river at a point opposite the city, it being alleged that the erection of said bridge would impede navigation. A motion for an injunction was heard before Judge T. A. McNeill on October 15, 1906, which motion was denied, and plaintiffs appealed. In an opinion written by Judge Connor he says, in part: "It is not seriously contended that the proposed bridge will obstruct that is, altogether prevent boats, barges or rafts passing up and down the river, or that in the mode of its construction, in respect to the draw and the caisson, upon which it rests, the most approved methods have been adopted. The objection is di rected to the location of the bridge, and not to its kind or construction. "The case of Eaton vs. N. Y. and ii. B. Railroad Company, 24 N. J.. which was a bill to enjoin the con struction of a bridge over a naviga ble water, and in which the chan cellor said: " 'The work which is sought to be enjoined is a public enterprise of much importance to the people of the state, who, through their legis lature, have authorized its construc tion. I find no evidence of bad faith on the part o defendant, nor even any interpolation of it. This court is always reluctant to stay the prog ress of such enterprises and will only do so in a case clearly calling for its intervention.' " Judge Connor says: "The observa tions of Ihe chancellor in Eaton vs. N. Y. and L. B. R. R., supra, in this aspeet of the case, are in point. It may be proper to say that we do not concur in the view pressed by de fendant, thai the decision of the sec retary of war permitting the location of the bridge is conclusive. The control of its navigable waters is with the state, the authority of the gen eral government being only cumu lative protection from an interfer ence with commerce. "Upon careful review- of the' evi dence and authorities, we concur with his honor and his judgment must be affirmed." Five Per Cent Increase in Wages. (By the Associu-:. d Press.) Salem, Mass., Dec. 22. An In crease of 5 per cent in wages was an nounced today at the mills of the Naumkeag Steam Cotton Company of this city. The increase will go into effect December ,11 and will ap ply to about. 1,500 employes. The Naumkeag Company has never cut the wages of their mill hands to con form to the prices paid in other cities. V