Newspapers / The Raleigh Times (Raleigh, … / Aug. 27, 1907, edition 1 / Page 1
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Only Afternoon Paper Between Richmond LAST EDITION. VOLUME 30. Says Grave Injustice Been Done Him Has BLAMES THE REPORTERS Felt it Ini'ieratlvc to File Opinion in View of Iloasting of Local Olli rials Loves People of Alabama and Tlieir Good Will Is Clierishcd. (By Leased Wire to The Times.) Montgomery, Ala., Aug. 27. Judge Thomas O. Jones, of the federal court, has Issued a signed statement to : a newspaper, In which he defends his ac tion In the celebrated blanket Injunction in the Louisville & Nashville Railroad case. Judge Jones charges newspaper reporters with having done him injus tice in their reports of incidents in con nection with his Injunction. 'A grave injustice lias been done mo and the court over which I preside by the publication of a story from this city dated August 24.. This story is a report of what the attorney general of Ala bama said as t'J a case being .improp erly prejudged by an opinion published on the granting of the restraining order before the day set for the hearing of the preliminary Injunction. 'Whether or not a court of equity bad power to enjoin ctiiiiinnl proceeding when the parly complaining had no other adequate remedy to protect a property right against impu ii -incut '.r destruction of property by stale olliecrs or private individuals, under plea of enforcing statutes, which might, on in quiry, be found to be unconstitutional, and w hose execution hadii ot only been explained, but suspended In the very mode provided by Hie laws of the state, Wj no longer an open question in this court wh"U it granted the rest raining orders. The court had before that twice deliberately ''decided that It had such power. When it granted the prelimi nary injunction against the attorney general and all other persons from .en forcing the statutes it decided the Iden tical question raised by the sheriffs and solicitors. When they answered, set ting up that the amended bill was a suit against the state and that the court had no power to enjoin criminal prose cutions it was an effort to raise the identical question, which had been de cided before the Court in this very ease, 'The court not being advised that th power of a court of equity over crimi nal prosecutions was In anyway denied when the preliminary injunctions were granted in an elaborate opinion dealing with the main issues, contented Itself to that with citing a few leading authorl ' ties. "t'nder these circumstances the court felt it an Imperative duty to Tile an opinion and give It to the press which would tend to remove clamorous im pressions which had been .; excited by boasting of local officials that they would defy the orders of this court, and in this way strengthen respect for the law. I did so, in the opinion com plained of, justifying these lute orders. "No man has greater cause than I to love the people of Alabama. My whole life, I hope, proves that I have appre ciated and to the best of my ability, re paid their trust. When a youth, I free ly shed my blood in Us service and at different times for twenty years risked my life at the head of Its citizen sol diery, "The good w ill of the people of Ala bama ic my cherished possession." A GREAT FIRE IN HAKODATE (By Leased Wire to The Times.) Tokio, Aug. 2". There was a great fire In Hakodate, Island of Yezo, yes terday morning. Nearly seventy per cent of tho wholo city, which has a population of 80,000, was reduced to ashes. The consulates were all burned except the American. Elsewhere In Japan there have been great floods within four days of torrcn tlal rains. Great damage was done In the Hayoone mountains. At Tonnosawa the Grlzer Hotel was carried bodily away. Many bridges have been destroy- ed and embankments swept down. Tlic water supply Of Yokohoma has been cut off, owing to the mains near the sources being carried away. Prob ably several lives have been lost. Tho regions most uffected are caBt and north Tokio. Nelson Morris Dead, (By Leased Wire to The Times.) Chicago. August 27. Nelson Mor ris, tho well known packer of i this city, died today nftor a long Illness. JUDGE JONES STATEMENT THE RALEIGH A SOCIAL STIR AT EXPOSITION Prince Willielm Brings Jeal ousies Io Head TWO FACTIONS AT FAIR President anil Mrs. Tucker on the One Side and Governor and Mrs. Swansoit on Other Functions Ig nored by Virginia Kxecutive Story of the Affair. (By Leased Wire to The Times.) Jamestown Exposition, Va., Auk. 27. A social war involving promi nent persons Is in progress '-lit'.' the Exposition, and its outcome is yet to he determined. The coming of Prince AVilhclm has lened it to a. climax, and was respon sible for the appointment of Charles W, Knhlsnat, by Din-dor General Harr, as social and diplomatic.' repre sentative .of Hair and the fair. The lawn party tendered Prince Wll holm by the Kxposil ion president, Harry St. George Tucker, and Mrs. Tucker, was not attended by Governor and Mrs, Swanson. The fete chain pel re was given in the New York slate building,' when some would naturally suppose that it won! be. given in the Virginia state building. The Gov ernor and the first lady of the state were at the Virginia building at tho time..' 'Neither did the llarrs attend the function given by President, and Mrs. Tucker. They were not. invited until the eleventh howr, and -then on a personal request for invitations, to be used by the daughter of the direc tor general and a friend, who was visiting her. President Tucker at tended tho dinner given for the prince by Governor and Mrs. .'Swan- son at tho Hotel Chamberlain,; but Mrs. Tucker did not. Both.' were In vited.', '. President Tucker, it has been com plained, tried to make the social af fairs of the Exposition too personal and exclusive. Director General Burr thought, so, too, henco tho ap pointment of Kohlseat. : Governor Swanson, it; is said, agrees with Ban". The governor and the director general were of tho opin ion that the interests of the Expo sition suffered. Stato commissioners to the Exposition and hostesses at stato buildings have also expressed dissatisfaction with tho social recog nition given them at the Exposition. Mr. Tucker , is in Portland, Me., attending.. tho; meeting of the Ameri can liar Association l In defense of his social policy It is stated that 20,000 of his wifo's inonoy has been spent In Exposition entertaining that should have come from . the' Exposi tion ' coffers. The Exposition, it is said, has not spent ono cent in enter taining. In addition, Mr. Tucker ad vanced $S, 000 of his sulary for this purpose. Uarr and his friends tako tho po suion mat rrcsmcnt. i lienor .nits no right to use the Exposition for the promotion of his personal social ut- Conttnued on Page Five.) RECEIVER MAY BE APPOINTED (By Leased Wire to The Times.) New York, Aug. 27. It la expected in Wall street that a receiver will be ap poined any moment for the traction trust. Third Avenue stock reached 47 thl smornlng, the lowest In Its history. It is declared by those In poslt'on to know that the treasury of the Third Avenue branch lias1 been looted. These startling rumors followed quickly upon the threatened dissolution of the trust by Mr. Ivans, whose In vestigation has brought to light Borne sensational details as to tho manner In which tho great corporation has con ducted lis business. Wall street fears a further slump In tho trusts leading stocks. Olsen to Wrestle in Winston-Salem. Winston-Salem, N. C, Aug. 27. Charles Olsen, the powerful Swede, and Pearson, the Canadian champion, will meet in tho Elks' auditorium for a wrestling match next Tuesday night. The announcement has caused much Interest here and the combat, which will be of the catch-ns-eatch-eiin order, will bo a great drawing enrd. KALEIGII, CAR MEN TO STRIKE AGAIN The Louisville Union Votes to Do This SAY DISCRIMINATION SI ruck Only Six Mouths Ago, When Much Violence Followed Strike Will He Called After Labor Day I'nion Has 80 Per Cent of Em ployes. . (fly Leased Wire to Tile Times.) Louisville, Ky., Aug. 27. After . a strike: only six 'months egfi, lii'juibois of the local union of si ret car employes have voted unanimously to strike again, leaving the time for calling the strike in the hands of the executive commit tee. ' ... Tile local union conipriics about W f per cent of the employes .of tie- Louis ville Hallway Company. The ground for this latest action,.' as alleged by ' the men, lies In persistent diacrlmination by the company in favor of non-union men. The union gained an increase In pay and a partial eoneeuslnn of Its other demands by the last -strike, whirl) lasted ten days, and was accomplished by much violence and disorder. .Th" men say the strike will not ho called until after labor day. the- executive committee being .empowered'.. Io nego tiate further with the -company mean while. , THE SOUTHERN Did Not Want the Record Sent Up Yet IN BIG PENALTY SUIT Attorneys Keprcseliting State I5o- quested Clerk to Send In 'Papers immediately After Supreme Court Convened So As Would Ho Xo Delay Col, Kotlmnn Entered Pro tent. ;.' ' The record in the case on appeal in which the Southern Railway was fined $30,000 for failing to comply with tile passenger rate law as en acted by the last legislature and Im posed by Judge Long at the July term of Wake superior court, was seat up to the supreme court this morning but tinder protest by Col. W. B. Rodman, attorney for the Southern Railway. The clerk of the court had been requested to send up the record immediately after the su prmc court convened and the request was complied with. Col. Rodman protested on the ground that it was his understanding that It was only to be Bent up in regular order not until the time for cases from this district to he called and he desired time to look over the record before being sent up. It was the impression of the attorneys representing the state that the record should be sent up as early as possible so as there would be no delay whatever and il was for this purpose that the rec ord was sent up today. This suit is a very important ono as there are several very important points at Issue, not to speak of the amount of the penalty. The course pursued by the South ern in protesting against tho record being sent up at this tlmo is said to be very unusual. There appears to have been a complete misunderstand ing between the attorneys, but at any rate the famous $30,000 penalty suit Is now with the supremo court of North, Carolina. Ex-Govcrnpr Aycock stated today that the Southern Railway penalty suit would be called In the supreme court tomorrow and a date set for tho hearing. It is very probable that the hearing will take placo cither tho latter part of this week or the first of next. Governor Glenn was very much surprised today when informed that a protest had been entered against the record being sent up at this tlmo and said that if the attorneys of the (Continued on Pngo Four.) ENTER PROTEST and Atlanta With Leased Wire EVENING X. C, TUESDAY, AUGUST THAT PACIFIC FLEET AGAIN! Sixiccn Battleships and Six Torpedo Boats NO PLANS FOR RETURN! Vessels Will Iteach San Francisco Some Times in April and Their Stay There is Indefinite (Question of Supply of Coal Troubles the Oi!iciais. ' (liy Leased Wire to Th.. Ti. ;;. I ! .' AVushington, J). ('., '-Aug. .'7.; Ael .leg ',. Secretary of. the Navy .-Newberry .re- ! t urncd to Washington ycieriiay a I'ler ! ten days vacation and a 'conference at Oyster Bay with the .president : ' ami i j. Hear Admiral Evans ami I'lmwiisoh, I regarding--the: 'cruise of the battleship. .Hoot to the Paeitic. At .-(!:, . coiiferciH e all of the plans for this-- -important; 'movement of the "big lldi -were gone : over, and practically everything at least required to imike.-nrraiigcuii-nts f'i; thf ; tentntiv c'y decided upor. . . .1 -.' There will be sixteen .battleships, si's ' torpedo ' .boats, nine navy ....MlleVs, one i repair ship, one. -'-water -shin; anil, twoj supply ships coneerne-i in.- the move ment. Cpon reaching rtin l-'rapeiseo j the Heel will be joined by two. other j battleships, thy Nebraske.- r . -enl- commissioned, and the Wisconsin,. Whether or not the. vessels will go to Pugct Sound is a matter whiiii as. yet -lias not been .determined', ileiinllely. It is a question which will be decided later. '. According to the schedule . ar ranged the fleet will reach .Mugdulona Hay some time between March !i and U, and it is contemplated to have the ,-iiip. j remain there for about Ihhiy days in I target practice.. They will thus reach j San Francisco sonic time before the 'middle and last of April. Their stay tli-er is indefinite- an 1 no plan whatever has been made for their vet u i'ii t lip. A decision in n-gai'd to the matter will hot lie reached; until Jan uary, Only about; thirty (lays will lie required lo mage arrangements' for the return. The one Important tiling in regard to the long cruise is the 'question of supply of coal, and this "matter was one to which much attention was devoted at the Oyster Hay conference. ' The decis ion was reached that lft,r,04 ions of coal in addition to that which the battle shins will caiTv In their bunkers when ,nov start nut. will be required. Tills is fin addition to the K1.000 tons which the torpedo' boats will burn in making the Voyage. . Ail told, in the neighborhood of 125, 000 tons of coal will be consumed.- To supply this vast amount of fuel at the required points has been a problem to which much attention has been given. En route to San Francsleo ihe fleet w ill Coal five timefirst at Trinidad, next at Hio, then at Sandy 'Point, in the Straits of Magellan, then at fallal), Peru, and lust In Madgalena Buy. VIRGINIA GOVERNOR COMMUTES SENTENCE (By Leased Wire to ThJ Times.) Richmond, Va., Aug. 27.- Gover nor Swanson has decided to commute to life imprisonment the sentence of Joseph Thomas, alius John Wright, colored, who, but for executive clem ency, would 'have been hanged in the Alexandria county jail yard next Friday' -morning-for an alleged crimi nal assault upon Miss Mabel Rlsley; now Mrs. Forrest 'Gooding' Of -AVashington, I). C. The case Is unique In tho crimi nal annals of the state of A'lrginla and while the action of the gover nor will "ho commended by many it Is the opinion of the 'majority of tho residents of this cily that the charge against the negro was not clearly proved, and that an opportunity should ho given his counsel to clear him itnd obtain his pardon. TRAIN AND CAR INAlASH (liy Leased Wire to The Tillies.) La Crosse, Wis., Aug. 27. A fast pas senger train on the Chicago, Milwaukee & ,-t Paul Hallway struck a street car filled Willi passenfcers on a street cross ing In North La Crosse this morning. A number of persons arc reported In jured, some fatally. Ambulances and a corps of physicians have been sent to the scene. 27; 1907. BODY FOUND IN THE WATER Young Agnes Maguire Beleiv- ed Met Fowl Play HER FATHER POSITIVE Uody' of Pretty Gill Found Today a Half .Mile From Spot Where She Was Last Seen Two llontmcii See l!o!y and Fish it Out of Shallow Water. (i'.y Leased Wire lo The Times.) New- York.'- Aligns! 27. Tho body of . ' pretty, yeang Allies Maguiro, whose, a ma zing disap pen ra nee startled all. ;Luke ilnpucong Sunday, was found in. the water today. Refusing to believe that his daugh ter h:id 'ended her own life, the fath er demanded that t!ie authorities conduct the strictest .Investigation.. A cun.ory examination f;iilod to re veal how the girl liad comic to her death, but. none of I 'io lnaiiy 'campers at, lli(! resorl doiil-t for iiti iiiKtant th tit flic : 'ichool te.H'her was the. yic: tim ot fiends,. The body was -found'-' fully half a mile from the spot; where stood the buggy in which the young woman was last. seen. Jnip"K Jenhbon and (Continued on Pago' Five.) PRES. SMALL are in Worse Shape Today BUSINESS SUFFERING In Spite of Condoned Statements by Tclo",i'iiph Companies, Says Small, Average Citizen Finds Different Situation A Case in Point. l:y Leased Wire to The Tinic.-O New York, Aug." 27. President. S, J. Small, of tile striking telegraphers, car ried on an active campaign yesterday from his. headquarters at . tin- Astor House. He was in communication with the local 'officer's at Chicago, Washing ton, St. Louis, Kansas City, Cleveland, Huston, and other centers, and from not one source was there a discouraging leport. In spite of the continued statements of the Western I'nion and Postal, olli cluls that tln ir business was running nearly us well as usual, the average cit izen who tries to use tile telegraph finds a decidedly "different.,', situation. Com plaints are pouring'.-in . to Ihe union headquarters flora business men, who threaten suits against the company: for noil delivery of telegrams.. A typical ease is that of ll. W. Jack son, of Perth Ainboy. nO last. Monday evening at 11 p. in. lie-paid fifty cents for a ten word telegram to llelleville, Otario. When he arrived there on Friday,- Mr.'.Jai ;;on says, the message had not been received. ."Prospects'' were never brighter for a successful issue of the strike,' says President Small. 'The companies are in worse shape today than they have been at any time since the men n allied out." Superintendent llelvidere J li no',-..-, of the Western I'nion, said the coi, panics would never treat Willi the. union. Kverythiug entering in the cost of the telegraph service, he said, had increas ed In price and the ten per cent ineieasu given the operators this spring was as fur as the companies would go. "By the end of the week,'-unless a settlement Is mnde, the telegraph systems of the country will positive ly .be out of commission. .ajid. I assure you that this Is no idle boast." NAVY DEPARTMENT INVESTIGATES MINE. AA'ashlnglon, August. 27. Henry Stenffstoden, who arrived at New York from Havre yesterday, has reached, AA'ashlnglon In response to an invitation from the navy depart ment. Stenffstoden Is a submarine mnq expert and has Invented an Im proved mine which ho has submitted to tho navy department for sale. He will demoiistralo II, under the super vision of mival ordnnncn ofucers. IS OPTIMISTIC and Full Proas TIMES: THE OPINION OF PRITCHARD OUT Says Injunction Was Not Against State WAS IN HIS RIGHTSTAFT m A FAVORITE In Long Announcement Fedora' Judge Sets Forth His Jtcasons lor Kestraining Corporation Coiiiniis slon and - Attorney . General 1 1 is Opinion. Ashevill.', X. C, Aug. 27. Judge l'rilchard in the. Cniled Slates cir cuit, court, in a long expected, opin ion, announced today in the rate case of thn Southern' Railway against the '.corporation commission and the attorney general of North Carolina, upholds the jurisdiction of this court, in tile issuance of liie recent injunc tions against officials during the rail road rate controversy and declares I thai; thy suit is not one against the slate within the meaning of the eleventh .amendment to the federal const il ill i;h. That amendmentholds that ., -the judicial power of the lni-l-.'d Slates shall not' extend to any suit against' a state by citizens of another stale. . The. decision savs that a state lc.; isliiliire cannot so frame an act as to deprive1 a citizen of a right voueli saled him.liv Ihe federal constitu tion and . it do not possess lac power---"Co .deprive thin con ' of its jurisdiction a. id the 'snoiie those (ineslintis . are definitely', determined Ih."" bettor it will be for all partieii concerned." The decision holds that the cor poration commissioners are charged with making rates, the only .''"limita tion upon their power l.-qng "that thev shall not make a maximum ratl in North Carolina in excess of 2'i cents per mile. The corporation commission a.:Kl the: attorney general are '!-iecialIy charged' with the duty of securing the enforcement, of sec tion 1 of the -passenger, rate act which provides heavy penalties and lines tor a failure of railroads their officials lo comply with act.'" All law-s in exist .qice on the and that pas- sage of that, act . hearing on super vision and control of railroads, etc., are to. bo construed in connection with the rate act. "It. is inconceivable," the decision says, "that a circuit court of the Cniled Sinn's in the premises of its jurisdiction should lie powerless to aflord a remedy to ono who seeks to assert a right which-is granted by the constitution of the Tinted States. I'll is is in no sense a suit against the state nor can it he. successfully-contended that tlie slate-is In any way a party in interest insofar as the merits of the emit roversv are concerned. It cannot lie reasonably insisted thai this is a suit to prevent the stale from enlofcmg any right which it possesses, nor can it lie said to be a suit to compel the performance ot in obligation of th-1 state, nor does it. in anywise involve a mutter in which' the state has a pecuniary in terest; the parlies in ..Interest being complainant- on this side and tho traveling' public on the other. "Therelore the questions present ed are not such as lo warrant the assumption that tins court, is with out jurisdiction, anil a careful study of iho circumstances attending the adoption of the eleventh 'amendment, as well as the. end To' be obtained by the adoption ol the same, shows con clusively thai those who were respon sible for its adoption never dreamed that It could be used as a means ol depriving-an American citizen of a substantial rich' ((inferred upon bun by the const it m ton ot the Tinted Stales." The eleventh- amendment -'being a part of the, const i; in ion must be construed so as to give I'till foreu and (fleet lo every prov'slon ot iho in strument of which Ii forms a part. Any other consi met Ion of t'ns aniendmeui. would practically nullify Hint clause ol the constitution which provides thai no slaio shall pass any laws impairing the. obligations of con tracts, as well as the lourteenth amendment." The opinion shows that the laws of North Carolina especially provido upon what, terms an Injunction shall bo granted to suspend rates, pending litigation or involving tho confisca tory nature of such rates; thai, (he statutes ot North Carolina expressly inlhorizt! the coiirsij pursued by the courts when Irelght rates are In volved, but docs not. even require a bond for such Injunction when pas senger faros fire In 'litigation.. DidiJaldnca ALL THE MARKET& PBICE io. CAPERS WANTS T. sas Southern Republicans Will Insist The Commissioner AVIio AVas Once Willi lUittennilk Charlie Has (Jot on (lie .Side ol the Third-Tenners and is There to Stay What Ho Says. ... (By Leased Wire lo The Times.) .Washington, August 27. ."South-' em .republicans' don't, take seriously the candidacy of .Secretary Taft- for the presidency, for the nomination in IfON," said -. Internal Revenue Commissioner Capers, in reply to an inquiry.. "The '.-republicans of the south are lor Theodore Roouevelt and will insist on ii'o nomination next year. ; -' ';.-' -; "In. .view '!' the: recent, activity of tho. soere i ;i r y o I' w a i a 11 d t he known fact of'hls cu-nilidacy for t lip nomina tion 1 hi.-, Hiateineiit. from a southern republican is Interesting.- it may be said in - . passing ;t ha; oolil icians gen erally, who l-.eeji an ear lo the ground declare that everybody knows. Com missioner Sa per.s, who hails from South Carolina, wan dabbling in Fair banks' stock wheiv summoned to Viisl';.,f,,.;ii and he now oe.ct!pies; given theijob sol teiition from th: ever llm; may bh tenner, out and says that.:--son the 1 will have nobody e.ivon the position Some say ho was? dy to divert his at : indif.niai). Ilow !: is now .a third nut, and .not, only n nu'ii of Ills party bul Roosevelt at tlii! bead ol' Ihe but adds that".' next national ticket, 'thev propose to do sonief liinj:; : .'about. . Mi , . Capers do-s. mt. say just how ho proposes to go .-about compelling;'' President. Roosevelt; lo accept; the. nomination next. time, hut lie does say that the people of his and other sections can bring enough influenco to hear lo persuade Ihe president that they and not. Mr. Roosevelt should he permitted to act as judge in this matter. And the internal revenue commissioner also is quoted as saying that tlie party inen of the south will 'not believe that, Mr. Roosevelt-cannot, finally he prevailed upon to accept the 'nomination. While he does not say that tho people don't want Fail hanks, yet tho strong Roosevelt sentiment would seem to indicate that the Indinniaii is pretty nearly in tlie class of Mr. Taft, so tar as tile Sunnv Soiu.li Is concerned. Il Mr. Roosevelt shall refuse abso lutely to under any circumstances' head the. ,' republican ticket, in 1908, certainly- some other than Taft will receive ihe endorsement, ot tho south erners of that persuasion. CAPTAIN OF SHAMROCK III l'INi:i IU MHi;i POl'MlS. London, Aug. 27. Charged .villi smuggling,.' Captain Sycamore, who sailed the yacht, Shamrock 111 in tho race lor lln America's cut), has been lined one hundred .pounds at Col chester. . '- - THE RALEIGH? ( liy Cable to The Times.) Honolulu, August 27. A mutin ous spirit prevails among the officers an I men of the cnil 'er Raleigh, now coaling In this port. It, Is ' said 'that tho captain of tho Raleigh has refuse 1 to givo chore leave to officers and men for two months; ' Navy Department Hcn't Heard of It. f!y Leased Wire to The Times.) Washington, August 27. The navy department denies any knowl edge of mutiny or trouble of any kind on the Ralolgh , . ROANOKE WOMAN WEDS ENGLISHMAN. (Uy Leased AVIre to Tho Times.) Roanoke, Ara., August 27. Mrs. P. L. Kennedy, organist at the Sec ond Presbyterian church, this city, was married yesterday to James A. Flnley, of London, England. The marrlago was n surprise. ROOSEVELT MUTINY BOARD
The Raleigh Times (Raleigh, N.C.)
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Aug. 27, 1907, edition 1
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