I """"" : " """" ""' "'' maK.. ...wgg,.. " , ' ' , . ' ' ; - ' ....... ..: - Weather. Washington, D. C, Jan. 26 Fore--caat for North Carolina for tonight and Wednesday: Fair tonight and Wednesday; cooler tonight. ESTABLISHED 1876. RALEIGH, N. C, TUESDAY, JANUARY 26, 1909. PRICE 5 CENTS IRK OF 18111. DAY'S SESSION IN LO VER HOUSE Petitions 2nd Memorials Pre SEDted and Bills Inirctad in Itie Lover Body THE HOMESTEAD AGAIN Rev. Milton Barber Conducts the Re ligious Exercises This Morning. I'nder the Call For Petitions Me morials, .'Etc, Memorial Was Pre sented By Representative From Rowan From the Firemen of Spen cer to the Fireman's Belief Fond. Also One From Citizens of Spen cer As to the Homestead Exemp tion Law- Reports From Commit tees and Bills Presented. The eighteenth dny's session ot the houHe of the North Carolina general iissombly was called to order at 11 a. in. by Speaker Graham, the relig ions exerelsea at the opening being conducted by Dr. M. A. Barber, rec tor of Christ church, this city. The journal committee reported the proceedings of yesterday as cor rectly recorded and the same stood approved. Under the call for petitions, me morials, and communications, the following were presented and sent to the proper committees: Carlton, from Rowan: A memorial from Spencer firemen as to fireman's fund, and from citizens of Spencer as to repeal of homestead law; and Mr. Butler, a petition from School Dis trict No. 1, of Columbus county, ask 'lug repeal ot school tax law. By Mr. Kitchen: A petition from Halifax citizens as to protection Of game. '.,. ' . The various committee reports came in as follows: To pa the expenses of Inaugural committee; to repeal certain laws as to Cherokee; to repeal chapter 1506, Laws of 1905, favorably; to raise revenue for schools, unfavorably; to put University of North Carolina in line for 'Canegie fund, favorably; to amend charters of Rose Hill, Bur lington, and GreenvKle, favorably; to appoint board of public improve ment for Marshall, favorably; for re lief of tax-collector of Lincoln coun ty, .avorably; to repeal chapter 487, Laws of 1907, as to Transylvania county, favorably; to make a high way commission for Cherokee, fa v-j orably; to consolidate road law of Buncombe county, favorably; to amend law as to road overseers, fav orably; as to autog in Edgecombe and Nash, favorably; to Incorporate Pee Dee Valley Railroad, favorably; for a bridge tax for Rutherford, favor ably; to amend the charter of Hen dersonvllle, "favorably; to charter towns of Rupley and Vaughan, favor ably; to locate hospitals in Greens boro, unfavorably; to confer police power on deputy sheriffs at Kanapo 11s, favorably; to make side-walk in Headersonville, favorably. The bill to put solicitors on salary of $2,700 per year was read, as spec ial order, and Mr. Roscoe sent for nrnrrt an amendment to strike out S2.760 and Insert $2,500. Mr Koonce rose to say he introduced the Mil and that a similar bill had been defeated at several other sessions, and that most solicitors made more than $2,700 and. the saving would be to the county in saving time to grand jury, and that the solicitor had to draw the bill, and the saving camo in Bftving witness fees as well. He did not know if they were worth that much, but as they held off from civil law they were entitled to pay. Let's try It and see how it works. It has failed heretofore for want of agree ment as to price. Mr. Koonce thought It ought to be tried. , 1 Underwood sent forward ' an amendment providing for election as ' Judges, but chair-(Mr. Morton) sent back for reshaping. Mr. Turlington thought . Mr. Koonce'a law faulty In that there were Inconsistences as to fees in it.. Mr. Koonce said it had gone through the committees, and none had turned it down. -' Pitt asked for re-reading of bill, it was read. Mr, Wooten tooK issue wun mo -tiJ.r Mil oHvncntf.rt the Ros- Ul ixiimi w " coe amendment, and said there were only four iollcltors In the state who t,.,A t 9itn mnma low as aaa .. m't. T.rent. Said he. while n Lrt'inM sollcltora It wotfld hurt. thr Ute more. Jtr. 8tubb aald It New Home Planned For N. Y. Elks r 4tsT c i h lm&t it r f $. M FfrT?i t 3 s ,c s ft . 2 r i " syirrT tfrvmc might he Important: to know whv the bill came in the shape it did, and the only reason, is' (his: The committee would not .agree to put them on sal ary unless the fees paid the bill. Two years aso we wrote to them and the average was over $2,500. Mr. Lee interrupted to ask '.If there would be as many fees collected if on sal ary. Mr. Stubbs thought there would be less, and the reason was the com mittee did not want to go in the state treasury. Mr. Harshaw said this was inter esting, as it dealt, with dollars and cents. He thought that there would be quite a difference in fees under salary as compared with now. He thought $2,000 all they would ;col lect on a salary. Mr. Harshaw had been a solicitor' and said he had sent 20 bills ; against on? man , for re tailing, and all this would not be so under salary, and he1 expected one- state. He thought the solicitor s office a good place to bring out a young lawyer, as he was knocked about so badly, and he thought a man would work less on a salary the difference being hi knowing what was cominp and having to hustle to get all he could. He opposed a salary and if any not over $2,000. Mr.. Underwood said the argument of Mr. Harshaw showed the fee sys tem ought to be abolished. An amendment by Mr. Gordon tc make $2,250. Mr. Koonce asked Mr. Harshaw If he did not think it a sav ing to each individual county. Mr. Harshaw said It might, but he though! it better to let criminals pay. Mr. Grant sent forward an amend ment to make it $2,000. Mr. Haymore said the bill ought not to pass, as it went into the treas ury, when it was taxed already. ' He thought the solicitor should be put on his own hook to get his living. Mr. Murphy interrupted to ask if the speaker was not wrong as to number of weeks in certain districts Haymoore opposed the bill. Mr. Turlington said we were enter ing a new era in North Carolina, and that the recorder courts to be estab lished would cut off. the fees of so licitors, and he thought this the wrong time to fix salaries. Mr. Tur lington thought some solicitors got not over $1,250 and. others would when the courts of recorders were es tablished. He opposed it for many reasons. Albritton sent forward an amendment to make salary $1,250 and $50 for each week of court and no amount to exceed $2, 7u0. Mr, Murphy said the fees should continue as to magistrates, who never worked but the state office of solicitor ought to be on a salary. Nothing said here is evidence in court, and he had not hPHid of one getlinR its row as $1,000. Ho cared not what the sal ary was, but it ought to be taken off the present basis, and allow him to protect the weak as well as fight the strong. He appealed to the house to put them on a straight salary. Mr. Turlington interrupted to read a let ter from a solicitor saying $2,500 a reasonable salary. Mr. Murphy still contended for the bill, citing cases where the fees held up even after re corders were elected. The question was, he said, to get clear of the old fee system. Mr. Turner Interrupted to ask if -the law would be as hear tily enforced under the salary. Mur- Dhy said yes. and was cheered. Mr. ! , . , , , , , Koonce asked if he did not suspend Judgment in cases where they accum- ulated on a single person? Mr. Mur- phy said yes, and the solicltor'a fee system multiplied such.' Mr, lington asked a question on tug same W . . .... .. line, saying we did not have such un der me present way. Mr. Harshaw asked il the criminals or the state ought. to piiy.' Air. Murphy thought the state should pay for fairness, if nothing else. Mr. Hinsdale -said, he ' favored the hill. That the sixth paid $4,500, and he favored putting all on $2,700. ', . ; Mr. Bowie spoke of the bill as one not to be settled on dollars and cents basis. He spoke eloquently, for a high salary so as to get the best men possible. Mr. Graham said the in troduction of so many bills argued . that the people want a change, and that, they ate not satisfied with t:ie justlces, recorder, or superior courts as now conducted. That the process is too: slow. But he was one who did not'waut an' enlarged judiciary, put an increase in the power of jus tices and recorders, especially asittp carrying coneaid weiyion". ft01"1 ' icr of cases. He said some relief vas demanded, and recorders' court? leemed the way. The lines of dis tricts needs to be changed, he said, io as to equalize. Some think the sal try system is better for several rca ions, but he did not' think a miltipli- :atlon of eases should be made. But is to delay, there must be some hange and he favored this bill, and le wanted the state re-districted so s to equalize the work. He favored '.he salary ot $2,500, and the idea ilso of making the criminals pay it into the state. Ho hop d it would lass as amended. Mr. Murphy said the criminals 'tire, insolvent, and .tae people pay now. Mr. Pool said hi vanted to abolish the fee system, it as wrong in principle, but he wanted it made $2,250, or $2,500. Let's get ogether, said he, and pass a bill Ixlng the salaries. Get together or ome common ground. , Mr. Privott was glad the house seemed to be tgainst the fee system. He referred to judge's salaries ot $3,250, and thought $2,250' a reasonable salary. Mr. Underwood said let's compromise m $2,500. Mr. McCrary said he had heard from everywhere by the gov- srnor and district judge that if pro hibition carried we would need nr judges or solicitors, and he thought this no time to change. Mr. Turling ton spoke of the deficit in the treas ury and if shown where the monej was to come from he would vote foi fudges to have $5,000 and solicitor? $2,750. Mr. Barnes, of Hertford jald he favored the bill if the statt was redistricted, but as now const! tuted he opposed it, and thought wt Oucht to Ret together and fix it. He moved to postpone and redistrict tht state so as to equalize and put on sal ary. Cox, of Pitt, seconded the mo tion, and the chair 'said two-thirdt was necessary if Indefinite. Mr Brown amended by making it - ont week from today. Several sugges tibns were made and the 8th of Feb ruary. Mr. Stubbs asked If It was lr favor of new district. The answer wai Indefinite. Mr. Stubbs wanted 1 voted on as the salaries must be flxet 3rst, and a postponement meant tin death of the bill. ,'. Mr. Roscoe wanted it settled now others had had all the say. Hi: amendment of $2,500 was, hi thought, Ideal, and he hoped the or ler for February. The motion wa' lost, and the amendment of $1,20( and $50 per week, and $3.0 If les than one week. Lost. The $2,00 amendment by Grant was taken ui and he demanded the ayes and noer and the roll-call proceeded, and th amendment was lost, by a vote of 8 to ,66. The amendment by Gordon tc (Continued . on Page Three.) PRIMARY BILL INTRODUCED BY TODAY Message from the Governor Transmiliing Insurance Com missioner Young's Report A GREAT MANY BILLS Senator Reynolds Introduces Rill Re lating to v Tobacco Warehouse Charge Senator Dockery Intro duces the Hill Itcl.-itiiiK to the Lc gnlized Primary Senator Kluttz Has Bill Kelatina to the Mailing Out of Public Documents by State uinciuis jfepnrt t (ne insurance Commissioner Transmitted by the Governor, The senate was called Jo order by President Newland. Senator Ormoud led in prayer. The journal eommM tee reported no corrections to be made in the journal. New Bills Today. New bills weiv jutrodiicud as fol lows: ''-. S. B. 274, Senator Reynolds. An act relating to regulating tobacco warehouse charges. Propositions and Grievances. S. B. 275, Senator Manning (by quest)-: An act to protect real es tate owners in rural high school dis tricts. Committee on Education. '-'. - S. B. 276, Senator Basset: : An act to change the corporate limits of I'arboro and redistrict the town onimittee on Counties, Cities and I towns. S. B. 279, Senator Clark: An act relating to the-fees of certain officers ir Bladen: r CCfitit . ,lHl,iBmirtse on Salaries and Fees. v ' S. B. 280. Senator Dockury; An ?-tmary. Committee on Judiciary. S. B. 281, Senator Barringer: AWjJjp. act relating to the appointing of jus- Ices of the peace In Guilford county. Committee on Justice of the Peace. S. B. 282, Senator Dockery (by re quest): An act to require all rail road companies to equip their en- ines with electric headlights. Com mittee on Propositions and Griev ances. S. B. 2S3, Senator Scott (by re- litest): An act to amend section 1652 of revisal. Committee on dietary. i S. B. 284, Senator Nimocks: ; An act to allow county boards of com-.e(j missioners to increase the , pensions . ot Confederate soldiers by levying a' tax. Committee on Pension?. I S. B. 285, Senator Kluttz: An act elating to the mailing out of public locuments by state officials. Com-, nilttee on Propositions and Griev-: ances. S. B. 286, Senator Hankins: An act relating to the FIremens' Relief Kund. Committee on Insurance. S. B. 2 S7, Senator Dockery: An act 'to "permit the commissioners of Richmond county to donate land tor l Confederate monument. Commit ee on Counties, Cities and Towns. Message From the House. ; A message from the house was re :eived transmitting a number of bills which were duly referred to the, iroper committees. Bills Ratified. Senator Hawes, of the committee in enrolled bills, reported several 'rills properly enrolled, and the bills, were duly ratified by the president ind sent to the secretary of state. Message From Governor. Messenger from the governor ap- leared, bringing the governor's mes - iage transmitting the report of the nsurance commissioner for 1908. the governor's message and Conimis iloner Young's letter transmitting he report was read to the senate. Bills On Their Passage. Bills were reported from commit ees, put upon their passage and dis ioscd of us follows:: 1 A bill relating to the establish- nient of a school district in Tolsnot ownshlp in Wilson county. Passed iecond rending. 1 S. B. 191. A bill to authorize ward of education of Wake county ,o borrow money. Passed second 'eadlng. , H. B. 29, 8. B. 129. To authorize Vlooresville to iBsue bonds for water vorks and street Improvements. Massed second reading. S. B. 65. To permit Wakelon Iraded school to .vote bonds for $10,' )00 for maintenance of Wakelon iigh School. Passed second read- ing. '.-' S, b. 171.' X bill to prohibit sale; MRS. A. B. GATES. !r OOO' . Mrs. A. R. (nt(.s, formerly Miss Hcmeinvay, (laughter of the Senator from Indiana, whose recent marriage in Washington, caused the Senate to adjourn. of grouse and quail for two years. This bill was made a special order for today. A substitute was offered by Sena'or Long, providing that every man who killed a quail be re quired to pay twenty-five "cents for each and every bird. Substitute was lost. Senator Basset opposed the measure on the ground that it was ! legislation iu favor of a class of the people,: Senator Empie, who introduced the bill, spoke earnestly in favor of the bill, showing that there was ab soSt.te neces sity tor sonle legislation for the pnVtection of quail and grouse, and' ahat the measure pro posed was-the best law X'ossible un- did SenaToiwMaiiRmg. Senator Man ning said that he had taitam;n8 find out how the people of DurTUrm-1 stood on this bill and he found that it met their approval. He recogniz ed in it no class legislation, but a simple right of the commonwealth to protect its own. Senator Godwin, of Gates, opposed the bill. He went for Senator limpie with gloves off using tj,e senator's own admission that lie Ju-.nad killed 500 quail a year against him, declaring that the sportsman wag the nllln wi10 should be restrain (rom killing birds. Senator Peele spoke in favor of the WIT. declaring that there was a big destruction between the commer cial hunter and the sportsman and tnat !lls 1)t.ople wanted the law senator Britt opposed the bill on the same ground as taken by the other opponents of the measure Senator Barringer favored the bill. Amendments Suggested. Senator Burton offered an amend ment prohiibting any person from uiuing more than fifty birds in year. Senator urmonu ortereu one requiring "mighty hunters" as Sen ator Traivis said he was, to divide with", their non-hunting neighbors Senator Godwin moved that a proviss- jon be incorporated in the law pro hibiting any sparrow-hawk from killing a bird on the penalty of ten years' imprisonment in the state prison for each offense. (Laughter.) i Senator Means spoke briefly in favor of the bill. Senator Pharr spoke in favor of preventing the killing of birds for two years, an amendment offered by Senator Godwin. Senator Hankins opposed this amendment as ; hostile to the Interests of the Audu- bon Society, Senator Ortnond offer ed an amendment '. prohiibting the shipping of birds from the state and spoke against allowing foreign hunt era so many privileges, Senator Elliott called for the pre vIoub question. Lost by a vote of 19 to 21. Senator INmocks moved that the -question be made a special order for 12 o'clock tomorrow and that the senate adjourn to meet at 11 o'clock tomorrow morning. oMtion carried and the senate' adjttrned. PHILLIES AT SOUTHERN PINES. Will Leave Philadelphia on March 1 and Stay South Three Weeks, Philadelphia, Pa., Jan. 26-The Phillies will do their spring training at Southern Pines, N. C. They will leave Philadelphia on March 21, and will stay south three weeks, whm they will begin the homeward trip playing a efw exhibition games wltn I the University of North Carolina, ! Ttaletch and Charlotte. Raleigh and Charlotte. MUCH INTEREST BEING AROUSED Work of the Special Commit tee Watched With Great Interest STATE OFFICIALS TALK The. Sonicuiii.t Sensational Renoit of the Legislative Examining Com mittee the Subject of Much Talk Iho and Con The Special Com mittee Slot Yesterday in Executive Session to Consider the Report State Officials on Hand to Present Their Side of the Case .r. Mx.n Prepares Statement. Much talk has been caused by. the somewhat sensational report of the legislative examining committee pre sented to the house of renresonta- ivos Saturday. A committee was ap pointed to look into the report afore- :iid and examine the charges con- ained in it. The committee met yesterday af- ernoon at 4 o'clock in the speaker's nom of the house of representatives. lie committee was in executive ses sion and what took place behind the oors is largely a matter of conject- re. It is understood that the state officials accused in the auditing com mittee s report were on hand at the meeting and presented their side of matter. Insurance Commissioner onus,; State Superintendent J. Y. Joyner, and Auditor B. F. Dixon were present, and called attention to inac curacies in the auditing committees' report. Dr. Dixon said to a Times' man late esterday evening that he had ore- pared a statement in answer to the commitees' reflection on the conduct of his office, but that the statement was not for publication until after ft. had been considered by the commit tee, This statement was probably presented to the committee at its ses sion yesterday evening. . esahrinatioSnjrrwr-riw,,-! win. its bdblts.Mm dTstirepa'ncy M per year for the empnKaOZrmi outside. .BtaWi); bookkeeper. The biggest fault found the committee was that he did not keep a set of double entry books. A man capable of handling a compli- atcd bookkeeping system cannoc be hired for $750 per year. Mr. Joyner's reply to the reftV c- ions cast upon his office was pub lished in these columns yesterday at ernoon and is clear, cogent and con- incing. In some quarters, however, there a feeling akin to panic. The re port of the auditing committee was ke a bolt from a clear sky. No one suspected that there was even the I'ghtest irregularity in any of the state offices. One and all tha state officials were held to be not only in nocent but above suspicion. The democrats of the state felt that their best men were placed at the helm and tills attack on them is st,iggei ing, coming as it does at a tima when ho enemy has shown increased en ergy and strength all along the line. It seems to be a general feeling among the best democrats in this city that the party has made one of the very worst of "bouehead plays." Said a prominent Raleigh demo crat yesterday "The democratic party is living up to her emblem all right. She cer tainly has the right figure at her masthead. She deserves the appel lation of the jackass party. It was foolish to allow this auditing com mittee, a committee composed of men who don't know a thing about book keeping, besmirch the character of good men through their own vast Ignorance'-, of .bookkeeping' and office methods. A close examination will reveal the mistakes that the auditing committee has made, but it will take a long time to right the Impression that their ill-advised report has created." ' The special investigating commit tee held a six hour session yesterday evening and last night, adjourning at 11 o'clock. It. meets again this af ternoon at 4 o'clock. The outcome of its labors is awaited with interest. Sen-ice Medals Stolen. (By Leased Wire to The Times) ; Washington, Jan. : 26 Several service medals, In a glass case in the war department, were stolen last evening by someone who gained ent- ranee to the building. The medals are Invaluable, because they cannot be reproduced. They were given to war heroes and have been on exhlbl I tion for raanv vears. GAS EXPLOSION TRAPS NUMBER IN COAL MINE Inspecting Party Is Caoght While Seeking Trouble and Escape Cot Off TWO KNOWN TO BE DEAD Small Explosion Occurred in the Mine Yesterday Afternoon And Party Was Made t'p to Seek The Cause of The Trouble Soon After They Entered More Explosions Come And Escape Was Cat Off by Falling Slate and Timber Rescue Party Works Heroically But it Be lieved They Will be Too Late. (By Leased Wire to The Times.) Johnstown, Pa,, Jan. 26. As the re sult of a double gas exuloslon at tha Boswell mine of the United Coal Com pany last evening 22 miner are sup- posed to have met death. They were members of an investigating party that had entered to make an inspec tion. The known dead are: Superintendent J. A. Logan and Andy Stonchl. Among the supposed dead are As sistant Superintendent Morris, John Cole, William Hay. Seventeen other men. : , Until after midnight signals were heard from the Imprisoned miners. Af- : ter that, hour, however, they ceased. It ia supposed they have fallen under the influence of the after damp. - About 4:30 o'clock yesterday after noon a small explosion occurred In the mine and as a result of this and oth er conditions that needed attention It was decided to make a thorough in spection of the underground workings and entries. . This work was In oharg m, I ' The party entered shortly after five o'clock and while -tbey were In the mine a second and worse explosion oc- . curred. This was followed by the sec ond and third explosions, which had . the effect of tearing down great qustn- 1, titles' of the state, ?ock-a4 coal Jn.tha ., . intfjrior, complettfy-'. preventing twft receiir'4xvtherf goifleraet X uiiu expiuHiuiio unu i is jivw uii scene directing the work of rescue. v-J""T""r From the experienced miners of the night shift who had been prevented from going to work as a result of the first explosion rescue crews were form ed and in spite of the large quantity of after damp that was manifest In the mine, they worked heroically In an effort' to rescue their comrade, en couraged by the signal tappings com ing from that portion of the mine where they were Imprisoned. At 5 o'clock this morning the body of the superintendent was recovered. He had gucumbed to black damp. Shortly after the finding of his body five of the rescue party were over come by the after damp and they were carried to the outside. - aysiclans attended them and in a short time they Were were revived. THREW EGG8 AT CARRIE. Mrs. Nation Gets a Warm Reception at Homo of Her London Ap pearances. -,',-. ( By Cable to The Times) London, Jan. 26 Whack! Whack! Whack! went several eggs, one of which hit Carrie Nation on the cheek. Down came the curtain and in a few seconds Mrs. Nation's first appear ance at the Canterbury Music Hall was over. ; - Before that she had appeared at the Paragon Music Hall, where the east-end audience gave her more time, apparently, In order to listen to their own, and not her remarks. "Is It time now?" she asked, lean ing over the footlights to make her self heard above the din. "Yes." cried two camera-holders. Whereupon Mrs. Nation lifted up one arm. Flash went the magnes ium. "Get off" yelled the audience, and down came the curtain. I IN COOPER CASE 0M0REUR0RS (By Cable to The Times) Criminal Court Room, Nashville, Tenn., Jan. 26. Two more jurors, mak ing nine in all, ware secured this morn- , Ing. One ot thorn, 8. N. Hyd. Is a farmer. The other one Is H. F. Jack son, a blacksmith, living beyond West Nashville. Hyde Is 48 year old and has a wife and tbre children. '- -i