North Carolina Newspapers

Weather, second. EDITION - Washington, JJ. C, Feb. 10 Fore cast .for North Carolina for tonight -' and Thursday: Fair, much colder to night. Thursday, fair, colder. 9L U K ESTABLISHED 1876. RALEIGH, N. C, WEDNESDAY, FEB. 10, 1909. PB1CE 5 CENT3 GOVERNOR SENDS SPECIAL RED HOT ''TMST" MSSAGE Anti-Trust Plank Was Not Put Into Plalform As Grand stand Play WANTS EFFECTIVE LAW Governor Kit chin Urges tlie Passage f ' of a Moro Striiiirent Anti-Trust , Sub-sectlwr A" the Proper;?' corporation, which puts down , .! wl n lt PB,SM,w.' ? Srwo of such sV.cle. I he ui.lver- Law "Sub Thing and Insists on Its Passage Trust Plank In the Platform Is a Party Pledge That Must be Kept Present Law Cannot be Enforced According to Opinion Difficulty in' Machinery For Its Enforcement, Governor KUchin sent . the follow-! ing message to .the general assembly: To the Honorable, The General' As sembly of North Carolina. It la needless to repeat at this time facts and arguments showing the evil of private Industrial monopolies com monly called trusts. Few advocates them, and fewer, perhaps, think them right. Probably the greatest legisla tive and legal problem of this gen eration Is how to repress them. There is ground for hope that with our present anti-trust law properly amended and effective machinery pro vided for its enforcement, we can protect ourselves partially from trust evils, and perhaps so far as a state can protect her people from them. An opinion has been placed before the people In the press, that the pres ent law cannot be enforced, though nothing was suggested to strengthen or render the law enforceable. I con ceive that whatever difficulty exists, is largely In the machinery , for Its enforcement, Two year3 ago many able legislators, thoroughly considered anti-trust legislation. All realized the difficulty of the state's coping with the evil against which their ef forts were aimed. A bill was con sldered.'whlch by Its supporters was thought the best that could be devis ed. It became a law In all Its essen tial features save one. The last con vention of the. democratic party, with knowledge of the action of the legls latuniv. incorporated In its platform, the following declaration, and on that platform the dominant party car ried tlie state, securing a majority In both senate and house of repre sentatives: ' "Private monopolies should be de stroyed. Conspiracies by prospective purchasers to put down or keep down the prices of articles produced by the labor of others, should be made criminal, and all persons or corpora tions entering Into such consplcarle3 should be punished." The opportunity has come to make such conspiracies criminal and to pre scribe punishment for such conspira tors. : . You are face to face with the duty of obeying the mandate of the democratic convention. Two alterna tives confront you: one to ' perform that duty and have the satisfaction of faithful execution of a party pledge; the other to Ignore tbe in structions of the people, and shoul der the burden of justifying your failure to do their will. You should not, and will not be goaded Into ot deterred from action. - Threats and criticisms of legislative bodies rarely, If ever, accomplish any desired pur- pose. . '. . ,-. . fenses and prescribing the penalties, Failure to make such conspiracies , lt Jg jmportant and even essential, to criminal can be Justified only in cbse confer ulKm the attorney general the it can be clearly demonstrated that-uuty of undertaking its enforcement, the convention was wrong In adopt- ftnd of electing the venue subject to ing such a platform. While the en- lne power 0f,the court to removal in cctment of a law making such con-f !(g djBCretloni for proper cause, and spiracles criminal, has been ordered rif giving him ou-ry proper authority by the people, it may be assumed! of BecUringN evidence, Including the -that tbe people did not, and ;do I compulsory production of books and desire anything -which Is essen .iallrj rai)ers, the examination of witnesses wrong, or contrary to their lutorost. lirlor t0 trat 6Qlj Ru 0tUer powers ap The proposition was not a ne ono. 1)roprat j0 the full discharge, of It had been the subject of control- ,,utv m tne faithf"ul execution of the ty in the press, nd generally by the ,aw , people throughout the state. That, Hespectf.i'ly submitted, ' plank was pot Inadvertently included. - w w KUCHIN, Governor. in the platform, but was deliberately Inserted as a democratic ; doctrine. TJrt" presumption should be, and Is fundamentally right, as such ; pre sumption must attack to the well considered Judgment of a majority of, . the people. Therefore, if its enforce-j ment into law is resisted, the obli-' gatlon is upon the opponent to show i the error of Its principle, or the In justice of Its policy. i . tion that conspiracy by purchaser w pui aown,tne trie, o u ru cruiser Birmingham : with Presldfnt rrrduced. by the labor of others, U eiMt Tart aboard, has arrived off the rong, l$ o clear ana convincing in its simplicity, that it would awn Idle to argue its justice to any American legislative body. Every community which produces more than its people consume, must suffer the oppression that comes from any artificial '(! nression of the price of its products. A community producing peanuts. ot ton, tobacco, .wheal, lumber, or other article In excess of lis' own consiitnp tion of such oriicU', I'm unjustly de prived of material weal;.;;, hindered in lis industrial 'development, weak ened in ils revenues, injured In i t educational progress, an. 1 crippled In tally acknowledged principle of sei, defense, applicable to slates as indi viduals, would destroy n conspiracy so damaging in its effect and so gen- iral in Its blight. The duty of re pressing wrong and protecting thoeo who cannot protect themselves e- w hole power of the male against siioa conspiracies. I therefore recommend mat the general assembly comply with that declaration, because It Is right nnd ought to be the lav, and because the dominant party is pledged to its enactment: and I also recommend that Ihe putting down or keeping down by purchasers of the prices of articles produced by the la bor of others, in 'pursuance of such conspiracy, be' made 'criminal. . Fear of the wrath of ' those who violate a moral principle and who threaten if the legislature of the State of North Carolina '''complies with tbe wish of her majority, to punish the communities already in their grasp, rather than obey the lawB, should not affect the judgment or' paralyze the efforts, as it cannot nullify the duty of those whom the people have chosen to do their will. Assuming, ,s I do assume, that the general assembly will' amend the law in accordance with the specific plat form utterances, I recommend that the attorney general be given the power and charged with the duty to institute action, civil or criminal, In the superior courts of this state in ,Vak county, or in any other county of his selection, in any and all cases of violation of any of our antl-trusc laws, or any amendments to them. Where such laws are violated most, it may bo difficult to have successful prosecutions, on account of the fear and favor which the wrongdoers in? spire and exert In the community. Local prosecuting officers are under great disadvantage, not only from lo cal prejudice and favor, but from lack of facilities and time for needful preparation. If the enforcement of this law is unfortunately left solely ko solicitors, and they remain on the unfortunate fee basis, then the fee tor conviction : ought to be made enough to partlaly compensate solic itors for the great work necessary In such cases. A district prosecutor na turally shrinks from so arduous a task as the admittedly most difficult one of enforcing a state anti-trust law, and especially of enforcing 11 under local conditions most unfavor- J able to" enforcement. Under sachl conditions each hopes ' another will first test the law against the powerf'il violator. Nearly two . years , have elapsed since the enactment of our! last anti-trust law, and yet, so far as t can learn, no action has been in stituted under It. I am, therefore, of the opinion that after perfecting, as far as possible, our anti-trust laws, declaring the of- I. TAFT IS NOW .bS.w.nS' out Mississippi paste, IN NEW EANS FARMERS WILL CONSOLIDATE TO HAIEICOTIi The One Hundred Warehouses of .feorsia Effect Consolldatioo WORM OF OHGANlZliXG Vrt illicit Chiitiis S. 'P.urtvM, of the K.irineiV Union .Announces Tlutt Consolidation of All the Cotton Wan houses 'Unlit by the Farmers of; JrWli Hits Keen .Effected. Management of Theve Hntcrpi Iscs Will He Imisiedl.iirly Brought Un der One Board of Directors AVill Centralize Control of Cut! on Cr.p. (By Leafed Wlie to The Times) AUania, Feb. 1 o .president Olms. S. Barrett, of the Farmers' Union, announced today thai .a' consolidation had beet effect sd of the 100 cotton warehO'iscs built by. farmers' organi zations : in Georgia , Th? manaKe lueut of ihes.3 enrerpries will bo im mediately -brought- under (ono board of directors. I-resident Barrel! staled that the wo-k of organizing the farmers' warehouses in the other cotton states was about concluded, two-thirds of the states already hav ing been organized. The effect of this combination when it Is fully established, will be to cen tralize the control of the entire cot ton crop of the country lit the bands of the farmers. 1 .-.'CHARGES.- AGAINST CLERKS. Officers of Organization of . Postal - Employes Most Defend Tliem- ' selves; -:. . ;.,- '.-.- -.f. ! (By Leased Wire to The Times) '' Washington, Feb. 10 Acting on charges made against three officers of organizations of postal employea, Postmaster-Genera! Meyer has served notice that he would allow them 10 days In which to defend themselves against allegations affecting postal employes. Officials of the depart ment declined to divulge the names of those who made the ..'Complaints against the three men, because of al legod attsmpts to influence legisla tion. The complaints are against Frank T. Rogers, of Chicago, presi dent of the United Association of Postoffice Clerks; William B. Kelly, of Brooklyn, N. Y.,president of the National' Association of Letter-Car-rlers, and E. H. Roberts, of this city, representing the Railway Postal Clerks. , '-. In the case of Messrs, Kelly and Rogers the postmaster-general has also cancelled their leaves of absenro and issued instructions to them to re turn "Immediately" to their respect ive posts of duty. The postmaster-general's action was taken after several ' conferences with President Roosevelt. (By Leased Wire to The Times) Washington, Feb, 10 A storm whose fury has not been exceeded In years is raging through the north west and the Mississippi valley, and Is even hovering over the Gulf of Mexico. Reports of the extraordinary extent of the disturbance come from various parts of the country. Blizzards In the northern sections have vied with electrical storms In the southern In creating havoc-Telegraphic communications In some In stances are crippled and wireless ap paratus In the gulf region is partly useless. For this reason the extent of the damage done Is not yet known. President-elect Taft and his party, aboard the battleship North Caro lina and the cruiser Montana, were in the midst of a severe storm In the gulf last night. At a late hour, it is reported, they were taken aboard the scout cruiser Birmingham, which Is now anchored off the Mississippi river passes. Commercial Silver. (By Leased Wire to The Times) New York, Feb. !0.-Commerctal bar silver tlli, decline, c. Mexican dol lar HoH unchanged, - - . SEVERE STORMS MIDDLE WEST CONFEDERATES mm part L Georgia Camp of Confederate Veterans .and fliers to Be ia Parade MAY HAVE 101U1 WhMe. the Inauguration of William Howard Tuft, ami James S. Sher man Will bo interesting and In structive, it Vili, He Hardly Less Ko Than the Piitiitie of a Division of Former Confederate' Veterans From Georgia, Which Has Heen 1 ii vj ted to Come tt WitshiiiRton and Take- Part In the Big Hvent. (My leased Wire to Tlie Times) Washington, Feb. . "fu - T!i.! inaug uration of Willlnni .-'Howard Taft and .lames S. Shernir. will have no more interesting and Instructive feature than the ..parade, of the division of former Confederate soldiers. A camp of United Confederate Veterans in fieorgia has been invited to come to Washington and lake part in the big procession. Other tamps in the south, including the famous Wheeler cavalry, of Atlanta, 1 he members of which wear the old-ttnie war uni form of southern gray, are also plann ing to participate in the ceremonies. There is a camp in Virginia, many members of whlc wear on occasions of parade their Original Confederate gray jackets and slouched hats In which they received their baptism of fire on the sanguinary battlefields of the south. - -'' 4 ' , - ' ". -iikonie wffiffAtttefctbbMMtt- Con federate camps decide,to take part in the Inaugural ceremonies, a Confed erate division will be formed as an integral part of the parade. Traffic Squad Can't Go. (By Leased Wire to The Times) New York, Feb. 10 Commissioner Bingham will not be allowed to send 150 of the members of the traffic squad to Washington for the Taft in augural parade. The aldermen re fused to authorize' a leave of absence, and Corporation Counsel . Pendleton handed down an opinion announcing as unconstitutional the taking of any property of the city beyond the boundaries of the state.. The aldermen criticised the com missioner severely, declaring that the expedition had been planned by Bing ham to "tickle his own vanity" and that they did not propose to allow him to ''make a big fellow of himself In the eyes of the nation." ELECTRIC ROAD (By Leased Wire to The Times.) Norfolk. "..Feb. -, 10. The Maryland Trust Company, of Baltimore, has fllod in the United. States court here a bill asking a 'receiver for the properties of the Newport News and Old Point Rail way nnd Electric Company. The trust company Is trustee under a $4,000,000 bond iSHtie of the railway and electric company. The defendant compsny was cited to uppear In the court on Match Kth and show causo why a re ceiver should imt be appointed. Tlie sale of 2.000 and 3,000 shares of the common stork of the company was til so temporarily enjoined. The entire iaue of common stock is held by W. J. layne, president of the company. LITTLE JENNIE PEPPER, SAVES SCORE OF PEOPLE (By Leased Wire to The Times) New York, Feb. 10. Jennie Pepper, , the . six-year-old daughter of Isaac j Pepper, who lives on the ground floor at 219 east 21st street, saved the lives of a score o( persons today when she awakened her father and told him the room wu full of gas. He opened the window and rushed Into another room, where hht wife and four other children wers sleeping, to find them unconscious. ' He and his daughter rescued them. j The gas had escaped from a furnace in the cellar, T INAiuRA WANTS RECEIVERS ELLIOTT'S BILL PROVIDES PLAN FORALLPARTIES Bill Requires That AH Parties Select Candidates fur Of fice Same Day INTEREST IN MESSAGE Among the New Bills Introduced To day Wan One by Senator Manning to Authorize the Issuance of StAte ISoiMlH Maturing in I9IO One by Klliolt lo P.etiiire All I'oliticul Parties to Select Their Candidates For Ofiice the Same Day. The most interesting feature of to day's session was Governor Kitchin's message .urging the passage of a more stringent tmti-t.rust law, calling for sub-section A in no uncertain terms, urgin? the senate that the passage of the bill is an absolute necessity. He warned the legislature against, re pudiating the action of the demo cratic convention. , Senator .Tones presided at a part of the session, dis)atchlng business with ease and speed. In less than 45 minutes he (with the help of as good a readlng-tlerk as the senate ever had) - disposed of 13 roll-call bills, which is not. a bad record. The; president announced the. ap pointment of Mr. M. L. lloose as clerk to the committee on appropriations and the committee on propositions and grievances. Rev. Dr. Shambttrger led the sen ate In prayer at 11 o'clock. V The journal committee reported no corrections to be made In the journal. Standing committees answered to thtf roll-citll and -itarious bills were placed on the calendar. Nw Bills Today. New bills, petitions, etc., Intro duced today as follows: Senator Long of Iredell: A peti tion from citizens of Iredell county relative to increased appropriations for Confodorato veterans. Pensions and Soldiers' Home. S. B. U57, Senator Manning: An act to authorize the Issuance of state bonds to pay state bonds maturing In 1910. Judiciary. S. B. 65S, Senator Elliot: An act to require all political parties to se lect their candidates for office on the same day. Election Law. , Senator Mills: Two petitions from citizens of Rutherford county asking for the reiteal of the state's home stead exemption laws. Constitu tional Amendment. S. B. 060, Senator Ray: To ap point justices of the peace In Hender son county. Justices of the Peace. . S. B. 661, Senator Barham: An act to' 'require chemical examination in case of death whore poison is sus pected. Re visa 1. j S. B. 662, Senator Ray: To estab lish a graded school In a certain dis trict la Henderson county. Educa tion.;:.' Senate Bill 6C3, Senator Ray; To change boundaries of certain school districts in Henderson county. Edu cation. .,' S. B. 664, Senator Jones: An act to Increase the pay of the chief page of senate. Senate Expenditures. S. B. C59, Senator Spence; To au thorize Ramseur to Issue bonds. Ju diciary, . S. B. 663, Senator Jones: To au thorize town of Wake Forest to Issue bonds for improvements, Counties, Cities and Towns. - S. B. 666, Senator Jones (by re quest): To repeal a special tax in Wake Forest township. Education. S. B. 667, Senator Nlmorks: An act to protect employees of common carriers. Judiciary. S. B. 66S, Senator Barham: To provide for ddficit at Goldsboro In sane Asylum. Insane Asylums. S..B. 669, Senator Mills: To In corporate the town of Bostlc. Coun ties, Cities and Towns. S. B. 670, Senator Emple: To val idate certain Instruments. S. B. 671, Senator Fry: To amend law relative to the Tuckasegee Rail road Co. Railroads. S. B. 672, Senator Matthews: To prohibit the placing of dangerous traps on the lands, of another. Game Laws. ' '': :.., Message From Governor. A message was received from the governor transmitting the report of Hon. R. H. Battle, secretary of tbe executive committee of tbe board of trustees of the University u to a claim of f 5,700 held by tbe heirs of COUNTY BOARD EDUCATION BILL A SPECIAL ORDER D. L. Swain, against the University. The executive committee decided that the claim is a just one and recom mend the payment of it. The governor also sent a message urging the passage of sub-section A at once. Passed Third Heading. The following bills passed their final reading: -" To allow the city of Asheville to purchase- I heir auditorium property. To continue charter of Edgecombe Railroad Company. To make the state superintendent of public instruction ex-officlo a trus tee of State 'University;..' , To prevent the s-:; le of wine, beer, lemonade, cigarettes, etc., at Lower County Line Primitive Baptist Asso ciation in Person county. To cliow commissioners of Onslow to use a certain surplus of a special tax fund. To allow the board of commission ers of Henderson county to replenish and protect the legal library of said county. For relief of clerk of superior court of Montgomery county. To amend law relative to the ex tension .of i be time to compute, com promise ami settle the state debt. For relief of P. G. McNeil and Am brose Clark, ex-sheriff of. Ashe. For relief of Mrs. Emma A. 'How ard.. administratrix of ex-Sheriff How ard of Granvilie, allowing her to col lect back taxes. For relief of certain patrons of Shoal Creek Graded School District of Swain. To provide for working and main tenance of public roads in Cumber- laud. ." For relief of L. Middleton, ex sheriff Of Robeson county. For relief of J. H. Johnson, ex sheriff of Wilkes. To regulate ..the building of. barb wire fences In certain counties. To provide for an election In School District No. 1, In Columbus. To extend time for the collection of back-taxes by R. T. Kernodle, ex sherlff of Alamance. ; To allow O. F. F. Poole, ex-sheriff of Alexander, to collect back-taxes. To incorporate Elizabeth Lodge, No. 217, I. O. O. F., of North Caro lina... To establish a school district boundary line In Wilkes. To authorize trustees of Fremont . - , Graded School to sell certain school i property. To amend law relating, to graded school of Kernersville. Judicial District Bill. Senator Barringer's bill to create a new judicial district comprised of the counties of Guilford and Ala mance, .which was made a special or der for today, was taken up, Senator Jones moved the previous question. Senator Nimocks moved to table the motion, but his motion was lost. Senator Jones motion was car ried. The 1)111 was then passed on Its second reading by a vote of 19 to 21. Unanimous consent was asked by Senator Shaw to introduce the fol lowlug: An act to amend the charter of the town of Rodland. Corporations. Senators Barham and J)oughton were added to the committee on coun ties; cities and towns. Leave of absence was granted to Senator Scott. On motion of Senator Spence the senate adjourned to meet tomorrow at 1 1 o'clock, ; HOLLY WYATT, NEGRO LYNCHED AT HEARON , (By Leased Wire to The Times.) Dallas, Texas, Feb. 10. An angry mob early today broke Into the jajl at Heitrn and took Roily Wyatt, a negro, and lynched him. Wyatt yesterday shot Andrew Kessler, a railroad man. As several other negroes are impli cated in the shooting more violence is anticipated. Many negroes have fled to the Bra zos river bottoms. Gets $:tO,000 For Her Husband. (By Leased Wire to Tbe Times) Decatur, Miss., Feb. 10 A Jury here today awarded Mrs. Mamie Du priest Stlvey damages to the amount of 130,000 against Mrs. W. Baker Sllvey for abducting her husband and alienating his affections. The- family Is prominent. , Bill !o Allow Cherokee Conty tbe RIgbt to Elect Its '; Own Board A LIVELY DISCUSSION Proceedings of the Thirty-first Day's Session of the House of Represen tatives Representative Morton Presides Morning Devotions Con ducted by Representative John F. Latham of Beaufort County Mr. Julian Wants to Change His Tote as to Amendment to Child Labor BiU Petitions Read. Thirty-first day's session of the house of representatives of the North Carolina general assembly was called to order at 10 o'clock this morning by Representative Morton, and . the morning devotions were conducted try Representative Jno. T. Latham, of Bean fort county. ., . . , Mr. Morton, vacated the chair, as . he could not serve more than one day, and Mr. Doughton took the chair and Mr. Currle, of Cumber- , land, nominated Geo. L. Morton; of New Hanover, for speaker pro tern. On a call of the roll. Mr. Morton re celved every vote cast, and was de clared speaker pro tern, and on tak-( ing the chair the business of the ses sion wns resumed. 1 .- ' Tlie committee oh journal reported i the proceedings of yesterday as cor rectly recorded. .. '' ' M;V Julian asked if he could change his vote of yesterday as to, the amendment to the child labor ' bill. Tne chair said K s, roll call did affect the result he could: otherwise not. ;'-.; 'V;.--' The following petitions were read: For j us t ice in Cumberland; against no fence law in Brunswick; from cit izens of Montgomery and Moore as to school; from Webb Camp Confed erate veterans as to pensions. ' The call for reports from commit tees brought forth the usual number of bills of a local nature, reported favorably or unfavorably, as the case may be. ucutc v Mr. Grant. Leave of absence was granted to Mr. Dowd, for committee on rules, reported amendment on rule two, so as to change 11 a. m. to such hour as the house may designate. Bills Introduced. By Rod well: To appoint justices In Warren county. By Julian: To allow Salisbury to Issue waterworks bonds. By McDonald of Moore: To create . a special school tax district of a part of Chatham and Moore counties. By Fagg: To promote education in Stokes county. By Underwood: Limiting liability of fidelity companies. By Everett: To change the name of Scotland to East LaBrlnburg. By McRevltt: To establish a road working system In Madison. By Barnes of Johnston: To ap point justices for Johnston county. By Cox of Wake: To settle the es tate of Gov. Swain as regards the University. By Pickett: To prevent fraudu lent packing of apples in the state. By Barnes of Hertford: To pro vide a system of working roads In Hertford. By Wooten (three): To amend law as to election of trustees In Kin ston. To amend law as to chief of police of Kinston. To amend the lav as to city clerk of Kinston. ' , By Mitchell: To relieve R. L. Lin don, of Wayne. By Green; To incorporate the Pamlico and Neuse River Railway and TerminaV Company. To repeal law as to Btock in number of town ships in Craven. ' By Price: To Incorporate Nebo la McDowell county. " -. By Davis: To allow the governor to appoint police In Rockingham county. - -' ' ': ''; . - The morning hour having expired, the chair laid before the house the bill made special order for the dayt the bill to allow Cherokee county to elect its board and superintendent of education; also the bill requiring nil county boards to be elected at same time members of the general assem bly, reported unfavorably, with a mi nority report. This later was tskca up and Mr. Harshaw took the ft ..or , in favor of the minority report, sny :pg in part, that It was strange to (Continued en gscond rags.) ' V I I I