North Carolina Newspapers

.1. Weather. SECOND. EDITION Washington, D. C, Jan. 18 Fore bast for North Carolina for tdnlght ' and Tuesday: Fal Honlght with frost on coast; Tuesday, cloudy. ESTABLISHED 1876. RALEIGH, N. 0., MONDAY, JANUARY 18, 1909. PRICE 5 CENTS THETiME OF THE SENATE TAKEN IIP BY LOCAL BILLS What Was Done in the Up per Branch of the Legislature Today COMMITTEE REPORTS Senate Met at 12 O'clock, Lieutenant Governor Newland Presiding Ex Senator Webb Extended the Privi 1 leges of the Floor Engrossed Bills Which Passed the House Sat urday Reported Bill to Appoint Justices of the .. Peace in Person County ; Reported : Favorably Many Local Bills That Had Passed the House Laid Before the Senate. The 'senate of the North Carolina general assembly was called to order at 12 a. m. today by Lieutenant Gov ernor Newland, who called upon Sen ator Means, of Concord, to lead in prayer. It was announced that ex-Senator Webb was in the hall and was ex tended the privileges of the chamber. The presiding officer then called the committees for reports and the following reports were made: .En grossed bills, certain bills passed Saturday and had been properly en grossed and sent to proper places. Justices of peace committee re ported bill H. B. 106 as favorable, to appoint justices in Person county. Tbe president 'then laid before the senate a message from the house transmitting measures passing that , body as follows: Incorporating town .of Landts; is suing bonds in Moore county;; to al low , Mooreavllle to issue 'bonds ; to amend 2021 revisala, and to prevent, turkeys and geese running at large in Swain county.' Bills Introduced. 132, by Lockhart: To allow cer tain physicians to practice without license. 132, by Elliott: To establish a po lice court in Hickory. N 134, by Elliott: To revise school laws of town of Hickory. I 135, by Elliott: To prescribe fees for regulation-of Building and Loan deeds in Catawba county. : 136, by Barringer: To keep bird dogs from running at large in the nesting season of quails. -.,-..'; ' 137, by Starbuck: To expedite trials in certain court cases. t 13S, by Barham: To provide com pensation for holding special courts. 139, by Sherrlll:v To amend 2482 of revisal as' to fishing in certain streams. 140, by Johnson: To amend chap ter S96, laws 1907, as to fowls in Currituck county. 141, by Gay: To , punish public drunkenness in North Carolina. 142, by Reynolds: v.As to appro priations for working roads. 143, by Gay: Providing the clerk of Northampton county to be absent from office on certain days. 144, by Sherrlll: To promte edu cation in Catawba county. 145, by West: . To incorporate Cowee High School in Macon county. 146, by Ray: To place officers of Henderson county on salary basis. 147, by Ttllson; To allow .the town of Marshall to issue bonds. 148, by Matthews: To regulate peed of autos in Sampson county. 149, by Shaw; To make C. A. Purceil a Justice la in the county of Robeson. - .160, by"..........: To amend chapter 876, laws of 1906. " The Calendur, Taklbg up the calendar, the bill to appoint justices In Caldwell, from the house, was, on motion, sent to the committee, v - Senate bill 106, to appoint certain Justices v in Person,; county; passed second and third readings. -, The president announced the fol lowing ( addition to cor"-: Banks and Currency, Lonj.- -uf Per son. To Counties, Cities and Towns, Bh&w tad Nlmocks. The calendar being exhausted, the senate, on motion, adjourned till .m. Tuesday.-' ' "Comomditie Chue" Argued. By Leased Wire to The Times.) , Washington Jan. 18 Th "commo dities clause" cases were argued today in th supreme court. , These cases deal specially with the constitutionality of the commodities clause of . the Inter itati eommeree law which Prohibits railroads from carrying product of their own In interstate eemmorc - SCARBOROUGH MAY HAVE TO GIVE IIP SEAT Holds Dual Position of Pest master and Representa tive From Wake NOTICE FILED SATURDAY Surprise Sprung Saturday Evening When Charles 1). Wildes Served Notice nlEli T. Scarborough That He Was Ineligible to His Seat and That the' Code Provided a Penalty of $200 to be Recovered by Suit in Any State Court Republicans Amused Scorbo rough's Statement Quite a surprise was sprung in the unijiiui ottiuiutiy tuittrriuuii wnen no- t ice was served upon one of tjie dem-1 ocratlc members of the house that he was .ineligible to his seat. The rep- resentotlve unon whom thr. nntu wn served Is Ell T. Scarborough, , who holds the dual position of representa tive from Wake, and postmaster at Eagle Rock, this county. ' Saturday ; ,arles D. Wildes, attorney for Powhattan McK. Mathews, who . received the highest vote on the re-i publ'can ticket for representative, gave : Scarborough notice that article 14, sec-! tlon 7, of the Constitution, prohibited ' any person holding a position of trust or profit under the United States litical sensation of years was sprung to bo elected to the general assembly, here yesterday, when four well and sections 2364 and 2365 of the Re- known Baptist ministers of the city vlsal. provided . penalty of J200 to were accuged by a flfth mnlstor, be recovered by suit in any state court. ,, ,. , v ... .,i Mr. Wildes roririaiiy notified Mr equally, well known, of having dick Scarborough, by letter,, that tindac the . er6d vltn tne managers of W. A. Ma Constitutlon be was .inellalbjq "to a,eut. .gee; candidate ; f,or..::,the .TepubJn In the general aseembly nd'ttiat hls'homlnatiohi for mayor of Pittsburg." client would take such action as he t The proposition, according to Uev. d Twf' v "''"I'.'L- A. W. Fuller, pastor of the Second The article 14, section 7.. of the Con- BflntlBt -hnr-h wai one made to stltut'on, which Mr. Wildes refers Mr. .B.Bpt . churfn' , ,f, Searborouch to. Is 1ntin0ii h as section 2364 of the Revisal, which Mr. Scarborough Is also referred to. It reads as follows: "No person shall hold more than one office. No person who. shall hold any office or place of trust tn- profit under ;he United States, or any department thereof, or under this state, or under any other stats or government, shall hold or exercise any other office or pluce of trust or profit under the au- nd Is to the effect that the five min ihorlty of this state, or be eligible to jsters boost Magee from the pulpit s.,ln eitHer e i the Ken.e.ral iunday and at the same time' deliver h ; i 'contained .. end o oi- P a letter which John Steele, an "cers In the mllltla, justices of the other candidate for mayor, had writ peace, commissioners of public char- ten each minister personally. !tles, or commissioners for special pur For this each of the ministers pres poyes." : . ent was to receive then and .there iiannmhlv. VvntlAaA Un ..LI.. The following section of the Revisal of 1905, 2365, lays down the penalty for holding office contrary to the Constl- ut on: ' Ii' "Penalty for holding office contrary to Constitution. If any person shall presume to hold any office, or place of trust or profit, or be elected to a seat hi ciiuer iiuusu ui wie general assem bly, contrary to the seenth section of the fourteenth article of the Con stitution of the state, he shall forfeit and pay two hundred dollars to any person who will sue for the same. The matter became generally known about dark Saturday evening and tlus iupUum;auB re ,nlenBB1y amusea over the discovery that the democrats have ; pnt a nnut m a cti.p tn th loerluta ,tA ' In violation, as they say. of the plain mandate of the Constitution. Mr. Scarborough was seen by a Times man today and he stated tbat the only thing he had to say was what he had said to Mr. Wildes and what taken up: Tht Vhe poce Eagle rock was not a place of trust , or profit and that he only held It as benefit to the community. If he had ben after money he would have seek ed ahother job. He did not think that he had violated the Constitution or the laws of North Carolina and would not believe so until It had been defin itely decided by the proper authorities. The outcome of this contest Is looked forward to With great -Interest. ';,;. : Nothing was done about, the matt In the house of representatives today. (By Leased Wtte to The TlmSe.W ." Washington, ' Jan. It The supreme cdurt toddy affirmed the Judgment of the Texas -courts , In . the) Waters Pierce Oil Cflrtipany MM, : -' - - i $1.,00. fine waa afflrmd as well' a TEXAS COURT OIL uivu ia a iiiiiiuv Soldiers Guarding Convicted Tennessee Night Riders. ' I l A. J" f? iinini ... i -. P'll ' ' I PRFAfiHFRJI ACCUSED . , 10611 WMl Ditfieritifl llllll .. J Pli'c'an ! Political Sensation Caused In Pitts burg by Preacher, Who Accused '. Four Brother M:nisters .of Dicker ing W;th Manager of One of the Candidates For Mayor. (By Leased Wire to The Times! Pittsburg," Pa., 3n. 18 The po- nimseil ana Kev. Messrs. Bimo, vveuo Henderson, and Scott, all Iri charge of churches, last Wednesday, when they were called into the office of William A. Roberts, a rich business man of Pittsburg and friend of Ma gee. . Rev. Dr. Fuller's statement Is sub stantiated by witnesses whom he had nlaced on the outside of the room noo. Dr. Fuller says Rev. Mr. Scott, who had made the arrange- .ments with him and who appeared to e conducting the affair outside of Roberts, assured the financier that all were willing to accept the terms. to quit fighting Magee, etc., but that he, Fuller, balked absolutely and re fused to have anything to do with the matter. Dr. Fuller declares that when he left the room, each of the ministers save himself bad handed over the Steele letter which was part 0f the bargain, the inclosure of which wag t et each l00. The statement of Dr. Fuller as to the conversation In the room between Mr. Rberta and the ministers is sub stantiated by several persons who overheard It. The matter promises to develop into a rather unsavory scandal. Mr. Robert, declares that Dr Fuller is angry with him because he has re fused to give him a. further advance- ment on a mortgage which he holds against his house while the other ministers accused declared that thoy did nothing wrong, that )r., Fuller, more than anyone else, arranged tha meeting in the office of Mr.? Roberts. ClE'STOi i 'Atlanta, Oa Jan. lS-rThe Georgian's eot-rectiondent at AtirUsta. wires: -. r "There Is ho truth in th report tht Mm. Calve is 111 at. a sanitarium at iavannah or Augusta: Bhe sings to night in Columbia and arrives In Au gunta Tuesday morning. Her manager wires ' that her reported. Indisposition war only ,t a. slight cold add that he Went ovsr to eavannatt for a rest of a- er' thrt days. - the slngt hire fffuflrfk .Hleht. WMf . efliithem lAUr hai bottbein cancelled," , ' IT CANCELLED i '-'. - - , T IS BEING FOREST LANDS I lie Qovcriicient Spent Mare Than two Million Del- tars Last Year A Retrospect of the Work of the X'nlted States Forest Service for the Fiscal Year 1008 Shows Thut For Administration and Protection of 182 National Forests in Seven teen States and Territories and AlrtSka, the Government Spent 2, 820,002.02 For .Permanent 'Im provements. (By Leased Wire to The Times.) Washington Jan. 18 A retrospect of the work of the United States For est Service for the fiscal year 1908, shows that for tho administration and protection Of the 182 national 'forests in seventeen states and terrl- torics and Alaska, the government ; spent $2,526,092.02. Permanent lm 1 provements, Including the construc tion of 3,400 miles of trails, 100 miles of wagon roads, 3,200 miles of telephone lines, 550 cabins and barns, 600 miles of pacture and drift fences, 250 bridges, and 40 miles of fire lines cost $592,169. i The remaining $297,80.40 of the total of $3,416,107.61 disbursed on account of work of the forest service was used in forest investigations costing $235,855.14, and in diffusion . of forest information and federal co : operation. Last year tho receipts from Hales of timber, erazina: fees. I and permits for special uses of for - - est resources amounted to $1,842 281.87, an Increase of $271,222.43 over the 1907 figures. The amounts paid the states and territories for roads and public school 3 amounted to $447,063.79. . : j There was a total Increase of $294,031.62v)n the amounts payable to tbe states. There were 80,714 per mits granted for the tree use of tim ber by settlers, school and churches, during the year, against 17,399 in 1907. .':';;; -. ,:"-' The grazing receipts for 1908 were $962,829.40. Receipts from special uses amounted to $30,425.23. Experimental ' broadcast sowings were made during the year In twenty seven forests, In the states of Idaho, 'Montana, Washington, Oregon, Wy oming, Colorado, Utah and New Mex ico. AbouC700,0O0 trees were plant ed last' year on forests in the states WH DONE Oil 01 mm ot Nebraska, Kansas, Colorado, New;Pt a switch here early today and i Mexico, Arizona, Utah, Idaho and ; fas. , derailed. The engineer, . ohn California. Thera ara now inwln' inere are now growing 'it ka nlanflnn taflAna "11(1 i 000 trees, which will be ready for planting In 1909. Prohibition In Sooth Carolina. (By Leased Wire to The Times.) Columbia, 8. C Jan. 19Prohibltl6n bills are to be presented today in the Martin Hubert Potter, George Tooley home and Mnate. The bllt provlflt and Andrae Dunlop, were slightly ln tof abtolutt prohibition afur Jaly 1 U , jurtd. None . f u Mngen wars I this year ATTACK O.N GREAT MEN Pracr Thinks President Too Reckless Takes Him to Task For the Way He Has Stamiied tho IJrand of Ananias on the Foreheads of the Nation's Great Men. (By Leased Wire to The Times) Chicago, Ills., Jan. 18 President Roosevelt Was taken severely to task from the pulpit by Rev. Frederick K. Hopkins for stamping the brand of Ananias on the foreheads of the na tion's great men. In a sermon be fore tile Pilgrim Congregation church, the minister, who a year ago conducted a spe6tacular crusads against the sale of lltruor id women, turned his attention to the nation's chief executive. The men whose enforced member ships in the Ananias club most shock. the minister are Senator Foraker Al ton B. Parker, Joseph Pulitzer and Bellamy Storer. "Nothing 1.; so dangerous now as to be successful," said the clergymau. "Once it was an honor. Now we have it from the highest national author ity that fifteen of the greatest men in the land are liars. "Let us consider who some of these accused men are: "Judge Parker, one of the Tioett 'eminent, - distinguished and respeciid .' jurists and statesmen of our times. "Bellamy Btorer, formerly on of our most honored and respected lip- lomatic representatives abroad. "Joseph Pulitzer, re-organlzcr o1' the New York World. "Senator Foraker, the honored son of the state which has given to the nation more presidents than any of the commonwealths. "I think it high time that notice be served on thess slanderers of tho great that they must either stop their attacks or suffer the consequences. "Behind the general program of which these slanders are a part lies an aim to destroy our government to take the wealth from the classes and give 'it to the masses. I need not go further Into the details of the Program. It appears obvious to me and a" who reason can understand Ik. Killed by a Bandit. EUloro, la., Jan. IS Cynn Trimble, a restaurant keeper, was killed by a bandit in h's place of business at Union, la.; in the presence of his wife, daughter, son and nephew.. The hlRa- wayman escaped and was tracked to Bldoro, where his coat and trousers were found In a wagon. WESTERN TRAIN IN OPEN SWITCH i Beagle, Kah., Jan. 18 The Missouri, Kansas & Texas flyer, northbound, Cowdon, ot Parsons, Is believed to have . Vll. . ht, M. w been found. The engine ran into a string of bunk cars In which Italian laborers were sleeping. Four of the Italians, Were kilted and several of them were InJufred. The fireman, whose name Is Wetdich; was dangerously injured. The slrto of the mall car was torn oft and five mall clerks, Colonel Davenportu, Homer injured. THEWIDOWTALKS ABOUTVERDICTIN THE HAINS CASE Says the Aci'iittJl cf Hains is the Shame of New York State B!3Vr CONSIDER HER Mrs. Annis Doesn't Think Much of tho Unwritten Law Thinks it Means That Any Man Can be Just ified For Committing a Murder if He Has Plenty of .Money Says Jury Did Not Consider Her and Her Children Children Were Robbed of Their IVotection aud Dread Winner. (By Leased Wire to The Times) New York, Jan. 18 In the first authorized statement she has made since Thornton Jenkins Hains was ac quitted of the murder of William E. Annls, Mrs. Annis, the widow of the slain man, today declared that the finding of the jury was the Bhame of New York. "Thornton Jenkins Hains has been ""quoted as saying that the 'unwritten law' ..-acquitted him," said the widow. 'What does 'unwritten law' mean ? Does it mean that a man can be just ified for committing a murder just be cause he Is rich. "Is there no 'unwritten law' for broken-hearted widows or fatherless children? .. "Could not some 'unwritten law' have moved the jurors, as they con sidered the evidence, to think of how au honest business . niafirtUe ,head of a family was ruthlessly shot down without being given an oppor tunity to defend himself? Could not an 'unwritten law' have Impelled the jurors to have pictured to themselves the grief and the misery of the vic tim's little children? And if they did not think of this, could they not have at least considered that the children had been robbed of their protector their bread winner? "The verdict given by,taese twelve men is .the shame of New York. 1 fear there Is no justice in men. Cer tainly the verdict showed that the men were careless of the injury done to my children." Mrs. Annis said that she was pre paring a complete written statement concerning the verdict, and that she would give it out tomorrow. BLIXDIXG SXOW STORM. Western Canada In Grip of Severe Storm Trains Tied Up. (By Leased Wire to The Times.) Winnipeg, Man., Jan. 18 A blinding snow, driven across the prairies and through the woo.ds by a rag;ng wind, has enveloped .western Canadt in the wildest blizzard the country has ex perienced In recent years. Train serv ice Is at a standstill. Passenger and freight trains are tunnelling their way out through dense snow drifts in Paskutchewan and Alberta, while In Manltoball the short lines are tied up and snow plows are being driven with double power. ' Coast express trains have been buried for almost 18 hours In snow drifts near Swift Current, Saskatchewan, and the snow Is blewlng bnck on the right-of-way faster than the auxil'ary crews can cart it off, checking progress entirely. .. STOR5I WORST IX YEARS. Xew York Suffered Very Much From Effect of the Storm. (By Leased Wire to The Times.) New. York, Jan. : 18 Tho stoitn of sleet, snow and rain, which covered this city and country ' with Ice, was the worst experience here In years and caused great suffering among the poor. Many persons were 'injured, by falling on tho slippery pavements, Five thousand men are at work to day clearing the streets. SEAWELL GETS THE JUDGESHIP (By Leased Wire to The Times) , Washington, Man. 18 Preeldeut Rooi; evelt today settled the question 6t the vicftnt judgshlp. of the eastern dis trict of North Carolina, caused by tha I death of Judge Purnell, by sendlnr the nam of Herbert P. Stawtll to thai litnMD tof confirmation. . 4.--J ''' -' '.." :' ' ','': v'-c'',':.. - HOUSE HAS BUSY SESSION WITH A NUMBER OF BILLS House Met at Noon and Was Led In Prayer By ' t Dr. Tyree MEMORIALS ARE HEARI) Tujior Introduces Resolution From Citizens of Brunswick In Regard to Personal Property Exemption. Representative From Surry Also Introduces Resolution in Regard to Sumo Subject 7 "orton Introduce Dill Relative to the Separation of White and Colored Convicts-pMor-ton Also Introduces Bill Forthe Better Training of the Colored Vouth of the State The speaker called the house to order at noon. Prayer by Rev. W.,C. Tyree, pastor of the First Baptist church, of this city. Petitions and Memorials. Taylor, from citizens of Brunswick: Relative to real and personal prop erty exempt'on. . Haymore, by request: From cer-. tain citizens of Surry, for repeal of homestead and property exemption laws. Haymore: Joint resolution to me morialize congress for the establish ment of post-roads in North Carolina. Bills Introduced. Cox, of Wake: Amend chapter 732, Laws of 1907; relative to supreme court marshal. McCrary: Amend chapter 348, Laws of 1907, relative to hunting on-. lands of another in Davidson, ,. . . ... Hyde, by request: Amend chapter 89, Laws of 1907, relative to divorce. Morton: Separate white and col ored convicts in state penitentiary and convict camps at sleeping and eating hours. Morton: For better training of colored youth of state and thereby minimize race prejudice. McDevitt: To authorize town of Marshall to issue bonds for improve ments. Hanes: Regulate election of board of education for Yadkin. Harshaw: - For relief of W. A. white, ex-Confederate, of Caldwell. Gaston: Authorize Buncombe to fund its floating indebtedness. Gaston: Relative to boundary lines of Barnerdsvllle special school tax district. Gaston: Change boundary lines of Montrcat special school tax district. Hinsdale: Regulate working of women and children in manufactur ing establishments. McCrary: Appoint justices of the peace for Reedy Creek township, Davidson county. . - Latham: Regulate sale of pistols and cartridges. . Rod well: Incorporate town of Buun, in Warren county. Rod well: Relative to labor of con victs on county farm of Warren. Buck: Validate certain probates. Weaver: Incorporate Ashevllle and East Tennessee Railroad. McWllliams: Pay W. P. Burroughs balance due on salary as oyster in spector. Wilson: Protect deer In Hender son, Transylvania, Haywood, and Jackson. Magette: - Amend chapter 622, Laws of 1907, relative to hunting deer in Tyrrell. Magette: Amend chapter 82, extra session 1908, relative to pound and Dutch nets in Scuppernong river. Turner: Relief of S. J. Cooper, of i Mitchell. Graham: Regulate trial of capital cases, giving state and defendant each il2 peremptory challenges and state not to stand any at first ot panel. Leave of absence granted to Mr, Foy. . .. Calendar. -The following bills passed third reading: Amend section 2798, Revisal, com pensation of jurors In McDowell. ' ' Authorize commissioners of Cald well to pay clerk certain fees 8. B. Repeal charter of Spencer Mountain Mills, Gaston county Fix boundary lines of special school tax district In Sterling town ship,, Robeson. -''' v Prohibit killing of squirrels In Pitt from March 1 to October 1. Waynt county added. ' . - Regulate bunting In Ah6tt: T No killing ordinary game between Jaa- liarv 10 and Nnvamhiir HO. -' .-(Continued en Page two.) . v in recsivsrsnip ot tne compeny. ' Tnt opinion , bf 'the idprim aourt w4 unanimous, -'.. ' . ' k ' ' ' . !". - y- '. s ' v . r .-, .... , - , . . l I