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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