p li f 7 Weather, SECOND. irir EDITION Washington, D. C, Feb. 19 Fore case for North Carolina for tonight and Saturday: Rain tonight; colder In western portion; Saturday, colder. WW: ESTABLISHED 1876. RALEIGH, N. C, FRIDAY, FEBRUARY 19, 1909. PRICE 5 CENTS thrift f MESSAGE FROM THE GOVERNOR SENDING REPORT Board of Internal Improve ments Makes Report as to Certain Conditions GOV. JARVIS ON FLOOR House Met at 10:ttO O'clock' ami Was Led in Prayer by Heprescntalive Latham of Heaufort Kert Board Internal Improvements Hcores Con tractors as to Floors and Other . Things and Saying Final Settle ment Had Keen Withheld Vnitil Work Wa Made Good New Bills. The thirty-ninth day of the house of representatives of the North Caro lina General Assembly was called to order at. 10:30 this morning by Speaker Graham, and the morning devotions were lead by Representa tive Jno. F. Latham, of -'Beaufort county. The report on the journal was in the usual order, and the call for pe titions, memorials and communica tions brought out the following: By Mr. Koonce. "-Asking- appoint ment of S. B. Taylor a justice. By Connor. Petition of employees of railroads riBking passage of house bill mi.---- By Morton. Memorial from color ed citizens as to fraudulent Insurance . companies. The reports of the various commit tees fell like rain for the space of a few minutes. The bill to adopt "Car olina" as state song got an unfavor able report. The privileges of the floor were granted Dr. J. T. Baird, of Bun combe, a member of the house fifty years aso. : ' A message from the governor transmitting the report of the board of internal improvements, which was read to the house. The report went for the contractors as to floors and other things, saying many changes had been made and that final settle ment had been wltheld till the work was made good. . Mr. Morton moved that the bill for taking nets out of Cape Fear river and other places was taken from com mittee and placed on the calendar. Dills Introduced. By McDonald of Moore: To im prove roads in Lee county. By McDonald of Moore: To em power counties, cities and towns to purchase vast road bonds. By Cox of Wake; To establish a state conservation commission. By Barnes of Hertford: To pro tect fish iii Hertford and Northampr ton counties. . By Barnes of Hertford: To levy a special tax in Hertford. By Connor: 'To relieve holders of mileage books. . By Locelace: To amend the char ter of Shelby. By Lovelace: To allow number six township in Cleveland county to issue road bonds. By Campbell: To permit manu facture and Bale of brandly In Stanly county. By Campbell: : To pension aa old soldiers. By Campbell: To repeal law cre ating tlsh commission. By Cox of Pitt: To promote bet ter free rural delivery. By Martin: To make Bayboro graded school district. By Harrison: To amend law as to cotton weigher at Enfield. ; By Green: To relieve aged Con federate soldiers. By Albrltton: To incorporate Walstonhurg In Greene county. By Albrltton: To consolidate charter of Snow Hill. By Hayes of Chatham: To allow J. R. Mllllkln to collect back taxes. By Hayes: Extending time for corporations to file reports. By Barnes of Johnston: To re quire glnnerg to make correct weight on cotton bales. By Barnes: To create road su pervisors in Johnston. By Barnes: To made W L. Adams a citizen of Johnston. By Livingston: To work the roads of Polk county. By McDevitt: To encourage stock raising In Madison county. By Sparrow: To regulate road funds of Orange county. By Hinsdale: To relating to fees of jurors In Wake county. By Gavin: To Incorporate Falson Industrial Training School, c (Continued on Fage Two.) RESOLUTION BY PHARR AGAINST UNJUST RATES Important Joint Rssolutlan Introduced By the Senator From Mecklenburg ' THE TfcXT OF THE BILL Purpose of Mr. I'luui's liill is lo Free the St:Me From Vniust, Freight Discrimination and I'ro- ! viiles That the. Attorney (icncrul Shall Prosecute All Infringements .of the Law President Newland Called the Senate to Order at 1 0 : .'10 O'clock and lr. Yanu Con ducted the Prayer Service. The most : Important . measure in troduced in the senate this morning was a joint resolution by Senator Pharr, of Mecl:lenburg, concerning freight rates. The -purpose of the bill is to free the state from unjust discrimination and provides that the attorney-general shall prosecute all infringements of the law. The bill is .as follows: Resolution by: the fioneral Assembly . .of North Carolina Concerning Freight. Rates: Whereas, There is and has been serious discrimination ngaiast the people of North Carolina by the rail roads in the matter of freight rates: and efforts to adjust same and get re lief have not resulted in correction of this discrimination, therefore, Resolved by the senate, the house Of representatives concurring: 1. That the corporation commis sion De and ,they are hereby instruct ed and -directed to put Into effect, not. later than the . . day of . . . . . .. 1909, such rates per ton per miles from the ports of this state to all interior points in the state as will not be in excess of such rates per ton per mile charged by the railroads for through business from and through other ports; or that they take such other steps as may be lawful in order to prevent that discrimination, 2., That the attorney-general be and he is hereby authorized and in structed to take such legal steps and Institute such actions and proceed ings, on behalf . of the state and against offending persons and corpo rations, as he shall deem proper and advisable to prevent such discrimi nation. President Newland called the sen ate to order at 10:30, Dr. H.,T. Vann led in prayer. The journal was reported to be correct and standing committees ans wered to the roll-call, reporting many bills. Xew Bills Today. New bills were introduced today as follows: S. B. 1003, Senator Bassett: To authorize an exchange of sites for the erection of a school building In' .Tar-, boro. Judiciary. S. B. 1004, Senator Gay: To amend law relative to suits by and against executors and administrators. Ju diciary. 8. B. 1005, Senutor Barrlnger: To allow Kernersvllle to Issue bonds for street improvement. Judiciary. S. 1J. 1000, Senator Johnson: To allow bond Issue to fund floating In- Ulcbtedness of Elizabeth City. Judic iary. S. Bv 1007, Senator Nimocks: To provide for working roads In Cum berland county. Calendar, S. B. 1008, Senutor Elliott: To amend game laws In Catawba. Game I Law. . I S. B. 1009, Senator Phar.r: To I maintain North Carolina room In Confederate Museum at Richmond, tVa. Appropriations, I S. B. 1010, Senator Pharr: To do jflne the residence of a corporation. Judiciary. I S. B. 1011, Senatdr Pharr: A Joint I resolution concerning freight rates. Judiciary. I S.B. 1012, Senator Love: To amend charter of Gnstonia. Coun ties, Cities and Towns. S. B. 1013, Senator Pharr: To au- 1. 1 t 1. .. .. ...... . . 1 ..,.!..., f Mecklenburg to construct, macadam streets in tho city limits of Charlotte. . Calendar. ' I S. B. 1014, Senator Gay: An act to amend road law of Northampton ! county. Calendar. ) Senator Holding: A petition from 1 citizens of Franklin county relative to the maintenance of the Loulsburg I Normal and Industrial Training (Continued on Page Two.) rl ills Is the iiirv ulnrli is In ti'- Itohin f.wtiu.i iftA iin,-. flunk.... ..,,.1 1.. ' . i'aiiihick. Iii-iidin4 I rum led to nv.ht. Iirst v : .lolui Diiii.iiniiili'u, el II. ,it!hiiu, . A. AilciM'k and Itnheit McPherson. s. , ,n, Un : .10. M. and AiMisuii itii l., nlln er. MANYMEN FOUND OFF! STUDIES Three North Carolinians Have to Drop Out of Naval Academy j MARKS NOT SUFFICIENT As a Result of the Seiiii-aiiuual K.v aiiiiiiaiioiis at the .Naval Academy . at Annapolis Twenty .Midshipmen Were Found to be so JSadly Dcflc ieist, in Tlteir Studies That .They Will lie Droppitl mid Their Resis'- : nations Have Already I teen Called For- Three Are From North Car olina. (By Leased Wire to The Times) Annapolis, .Md.. Fob. 1 9 As a re sult of the recent .senn-iinmial exam inations at the luival academy-.: 20 midshipmen Were found to lie so badly deficient in .their studies that, they will be dropped and their resin nations have already been culled lor. These will r.vi':n: Second Class-- Keuelon Cannon, of Galveston, Tex, Third class -Charles Cf Julian, ...of North Carolina; Frank.- G. Peters, of Pennsylvania, and Harry'.: V. Reuer, of New Jersev. Fourth class Kdward F. Croker, Jr., of New Vork ('it v; Robert II. Gi'uyson, Alahainii: .lahies ,M. I.oll, Georgia; Roy l'lafl'. Oklahoma: .Mor ton L. Savage, Illl.iois; Henry H. Dawson, New York; Frederick VV. finibe, Vii''onsiii: I lurry J.' McDou nld, Kentucky; .leroiue L. Reeves, North-' Carolina; Ralph Vaill, Mon tana; -Oliver 1,. Downes. Drlaware: Lloyd R. Gray,- Caliiornia; Michael Hudson, North. Carolina; . Gr'ady. P. Oakley, .Alabama: William .1. Russell, Pennsylvania, and Charles S. While, New York. 'Kdward F. ('roller, of t lie. fourth class, is a win of Chief Croker. of I he New York Cily lire department." A HIGHER RATE (fly Leased Wire to Tho Times) Richmond, Va., Feb. l!i.--Tbe cnrpul atlon commission is hearinjr imminent by counsel for the railroads for pre-' sci'bliiK a maximum rate for the car riers of the statu In lieu of the 2 cent rale. The companies are foi tilled with FtntiHtlcM to show: that during the ex istence of the 2 cent rule they have lost 'money,,' the IIkuich presented by Lawyer Sullivan nhowlng the ilecrcase month by month and the comparison with former years. The purpose of this Is to demonstrate the necessity and the Justice of the commission koIiik Into the chkh In . de tail and to fix iukI proiuulKntc a rate which will Rive the carrhrs a mi aunublu return for ihcir opurutions. RAILROADS WANT MORS The Cooper- -Sharpe ' , . 's Hi The Conservation Conference Holds its Session Behind Closed Doors jOUR MUTUAL RESOURCES I The Cominissiuii Only Heard One Ad dress, That of Dr. W. T. Iloriiaday, Director of (lie New Zoological Park, Who Spoke of DesfriK'tioii of Wild Game ill Ndi'tli Aiiii'rica Game Does Not Hived As'-Fast As it is Killed," Maid, the Speaker Drasti,' Measures Wanted. : ( By Leaded Wire to The Times) '.Washington, D. C, Feb. l'O The' North American Conservation Con ference down to actual business, today. Tln lonfereiice will eoiitinue in closfl session. This was re'sa ril ed a necessiry to a free discussion of the relations of tho three coun tries as reijard'; t hell' natural re sources ami of a Kencial plan of 1 1 operation for conserving them. V TO secrelaiies of c(iiiiVrelice wci'e elected. i'he. Canadian coiiimissiciii evr sell ((('! Koberf K. Yuuiik. sccro 1 ary of -tin r coinniisslo'.i. '..Th"cO!n iniKsione.rs from the I'nited Stales chose Tleiiut.is R, Shipp, secretary of the ' Xulioa'al Conservation '.('oinmis sion, with Gilford Piuchot. as iiei ini. tii'iit chairman. ''.This make's the or Kaliiatioil of thu coiiferetlee coin plete. The only.. address the coiiiiiiissioii ers heard imlay Was One by 'Dr. V. T. I lornadny, only n few years hence will see tin'1 last of Hie iarn' wild game (if . Vol Hi America. "Game does not breed as rapidly as It. is killed,": 1u Bald. He. declared tlial we. were iiot Oik lug ;iceimil 'of I he coilaiil ly inereaslliK n umber 'of hunters. lie urged the importance of coiisiilerini; tlie conservation of wild gallic along illi (lie considera lion (it other iialuinl lesniirces, r It 10 (liy Leased Wire to Tho Times.) New York, Feb. IS. When Charles W. Moi-se applied to I'nit. d States I Marshal I leu Ule to leave the Tombs prison again today, under the ruling i lof the Federal court pi'i'iulltiug him to jipilt liis cell lo transact iieeessai y bus. 1 1 less, the iii.irsliiil refused, int hunting that Morse was trying to convert the court eider Into an excuse for daily excursions. , Marshal iletikle, after a visit from Harry Morse, on Iieluilf of his father, refused to accompany the young man In the waiting Morse automobile' In. the Tombs and declared ho would not permit the Ice king: to leave the prison until he had consulted Willi Fulled States Judge Lacoinlic and bud n defi nite ruling as to just what the court order meant and what It permitted Muiae lo do, CONFERENCE GOT DOWN TO WORK REFUSED PRISON Ul Carmack Jury. I... 11 ci 1 1 ..-:i. .1 1 .1 I', MM..,., lll.ll.ll .till, (Ml- 111,1, II, liier; J.iv Ni-usun, ol'licei-; ,1. . WimiiIicIV, (i- A. I,an, ( asMer Sliiiupp, J. IIiii Ke, . Iluus. S. II. llvile, ,l:iub I i titiyer ;us Kuiol. r, J'. O. liiermaii COLONEL COOPER NOT Til TESTIFY This Would Circumvent Slate in its Plan to Attack His Character ROBIN COOPER POPULAR! ingest Crowd Since Itejiiiinint; of the I'liinoiis Case F.vpecled Toinociow in Anticipation of Hearing Defend ants' Testimony Trial Has Sup planted All Other Topics As Food For'. ossi) Prosecution Had Prepared a Grilliinj ; Cross-Kxami-iiation l'or Ajied Defendant. Slate Announces ( lose of Its Case lvccpt For Few Witnesses. : ( By Leased 'Wire to The Times) ' Nashville, Tenii.. Fell. 19 The j-Cooper-Sh'ariie. trial has nupplaiiled all til her topics as food for f?dssip to day. Tlie iiiijci-st crowds since the bcf;in'nliiK ,of the fainous case are ex-. peeled .tomorrow iu -anticipation of !i";i riiitv what .-i he defendants will say.. ' The luos.t : iiileresi-iiiK rmnor today ' .i Llllil t'olouel Cooper will not lal.e i the stand at all and that the 'task ol re'laiir. the Coo; it version of the "a '.e.!.. will he lel'l for oi!ii liobin Cooper.' Robin 'Cooper. Is" popular in .M'siiviiie.: ins Hie lias been an ex emplarv one; '..-': . .'-' '; .Colonel Cooiu r has loni; been in lerested in 'rennessee polilies and il : is Known that Hie prosecul ion has prepared a. Urilliu cross-esuiu illation for tJie aui'd del'endaut. Ixeepine;. Coloni'l Cooner off I In witness si and would circumvent, the jltiie in iis! plan lo allacl, his clmraeler. save in a i:eiieial way. 1 Tiie slate annouu. ed yeslerday tlnif II- had closed lis.-. ease iuCliiel'. gaw? notice I hat. a tew mure wi!n but ;M'S " niighl- be called laier on. Stiile's Case Slronjf. 'Mil'niiileil Willi a case u liieh 'iippari 1 1 1 1 V calls for liei-.iii- i.fi'oris o eoiil't.i .. ii in Ibe iiiiinls of in., jurors! Hi,. ,i,- feiisc ill the e:tse..of '-Cololli-1 lllllieall i'oopei', Itoliln .-Cooper and .lolm I ;. Sharp, Chai ned Willi I lie ' lino iier of f.iinii'l- Senator t'Muuid -'."c.-ii'ifi:'ii-k. is at. ils wil's einl and l ...l iy ln-.k nl vanlage of Hie iiilei'im of a day in (lie proceeilillL,'S to lelleaise i I s IV il I lessee aiid propaie to ineet tli,. surpi isiimly IH'W i'ealllles Willi Whlell the pl-opeeU- tton assailed the defendants during the. lale hours of yesterday's session. liven us. late as today Hie defense stdl keeps secret the names of its wit-, liesyes but let II lie known that ils teSr liiiiony will probably'-occupy- a week. It ill make, public its explanation of the luigdy only when the three de fendants themselves take tlie stand, ; The stale ilnislied ils testimony much sootier-: than was expected, title-work being expedited liy the defense deferr ing cross-exanilnal ion of some of-the principal, witnesses until later... In' all tWenly-nine V ilnesses were examined. Less than hull' tills 1 1 1 1 1 1 i 1 r wilt lie Used In rebuttal, bill the Impression seems to ireall I il a t the state has made out n -surprisingly strong case. , Hcyond a doubt the plea of self de fense Will lie depended upon to save the three defendants. The finding of the pistol shield iu Carmack'H overcoat after the pockets had been examined by the 1 1 1 1 I t laker, developed u point (.Continued uu Puku Five.) , .'I l llll- inner I ti I -4 1 States Senator STEEL MARKET Statement Expected From Judge Gary as to Street Trade Conditions THE TARIFF'S PART Following - the Conference Yesterday of Prominent Steel Men There Weil- Missivinjjs Which Were by Xo Means Wiped Out of tin .Market Today Judge (Jury's Statement is Hitgcrly Watched "For by ISotli Cap italists and '.Investors Steel Cor poration Promises Reduction in All Departments Save That, of Fin- I isbed Rails. ( By Leased Wire to The Times) New Yorl, Feb. 1 With the promise of a statement covering the neutral steel and iron conditions in the I'niied Slates from Judge E. H. Clary, head of the I'nited States Steel Coi ,ioi'aiion lale today, the market opened today wiih both- common and preferred shares of .steel sagging. . Following the conference in this city jeslerday of prominent steel men lliere were '-'misgivings which ''.were by no nienus wiped out by the aspect of the market today. Judge Gary promised veslei'day to issue a general sl.'iteiHcnl. today, and it was eagerly waicheil for by both' capitalists and in vesiors. When sei'ii this inorning at his nparlineiils in l he'. Waldorf Judge 1 1. in said : -. "I shall pi'olialdy . issue a statement laier in ihe day,, bin al this lime I lia ve nol.il ing I o say." l''iom I lie i nil ie:i I ions an open the various 'companies ,1,,.,.!,ii ;,,i allied and independent will lie compelled to light and shajie ilheir ohu desl illies ill Ihe battle for j trade! The I' nil oil. -SI ut.es- Sleel Corpora- lion iironih.es rediicl inns in all de parl meals save l.liai of , linisheij sleel rails. In short il appears from i'Meilial (lev elo line li Is 1 hat the cor-' potation will go buck to the princi-pli-ii of Ihe ol Ciiiuegie company In selling for ihe best prices obtainable and using ever;, legit (male means in business In heal the '--opposition. Tariff plays an important part in the present co.nlil ion of unrest. RALEIGH IS SOON TO HAVE A COUNTRY CLUB There will lie a meeting tonight to consider ihe establishment of a Coun- try Chili bete, nt which time a eommit lee will lie appointed to choose' a site on which the cltilj Is to be loenti'd. ; ' Many persons are Interested, in this i movement and about $5,000 has already hern subscribed. The Interested par ties have options on several sites near the city. I The club w ill consist of charter mem bers, who will manage its executive af . fairs, and associate members, w ho will j enjoy Ra suciul privilege!. ' H00N0 HISTORY OF THE TOBACCO TRUST AND INDUSTRY Report By Commissioner Her bert Knox Smith, of the Bureau of Commerce STORY OF COMBINATION Report Deals With the History of the ( 'ompnny From the Standpoint of Its Organization of the Great To bacco Combination Starting Id J8!0 a-s the American Tobacco Company With a Capitalization of $2.-1,000,000, (he Net Capitalization is Now Over Three Hundred Mil lions Controls Fonr-flfths of Out put With Exception of Cigars. Mr. Herbert Knox Smith, commis sioner of corporations of the Bureau of Commerce and Labor, has sub mitted the report given below on the tobacco industry to the president. H deals with the history or the tobacco combination and the position of the combine in the industry. The report, owing to the position of the American. Tobacco Company in this community and to the talk of anti-trust legisla tion in the state legislature, is of pe culiar interest here. The report is In part as follows: The Tobacco Combination has as its center the American Tobacco Com pany. This company controls three great subsidiary combinations the American Snuff Company, the Ameri can Cigar Company, and the British American Tobacco Company. The American Tobacco Company and the other three combinations each con trol a large number of subsidiary companies. : The number of compa nies in the Combination doing busi ness in the United States, Porto Rlco, and Cuba is 86, besides a considera- hie number of operating only in for eign countries. The Tobacco Combination domi nates the tobacco industry of the Uni ted States. With the exception of cigars, its proportion of the country's output of manufactured tobacco pro ducts is substantially four-fifths, giv ing it a . large degree of monopoly power. The magnitude of the Combination is further shown by Its enormous capitalization. The said 86 companies have an aggregate capitalization, In cluding bonds, of $450,395,890. A considerable part of this, however, represents duplication through inter company ownership of securities. The net amount of the stock and bonds of the companies In the hands of the public (including the directors and all holders except the companies themselves), however, is no less than $111 6.34G.S21. The present report deals with the position of the Tobacco Combination in the Industry, and includes a his tory of the combination, a descrip tion of its organization, plants, and business, and an analysis of its con trol of the industry. Reports to be published later will deal with the ef fect of the combination upon the prices of tobacco, with Its profits and the relation thereof to its capitaliza tion, and with the competitive meth ods pursued by the combination. The American Tobacco Company and Its Cigarette Monopoly, 1800 to -' 1KII5, The history of the combination be gins with the organization of the American Tobacco Company in X890. This was a combination of the five principal manufacturers of cigarettes (Allen & Clnter, W. Duke, Sons & Co., Kinney Tobacco Company, Wm. ,S. Kimball & Co., and Goodwin & Co.), and Its business at first was confined substantially to cigarette manufacture. The company started with a capital of $10,000,000 of pre ferred slock and $15,000,000 of com mon stock au amount vastly In ex cess of its tangible assets, which were $5,000,000 (Including $1,825,000 In the form of notes of the individual stockholders). James B. Duke was made president, and from that time to this he has been president of the leading companies In the combination and has largely directed Its policy. ". I'he American Tobacco Company at Its Inception secured control of over 90 per cent, of the cigarette bus iness of the country. It sought to. maintain this dominant position part ly by making agreements for the ex lusive use of what were considered the best cigarette machines; the most important of these agreements, how (CouUnsd on Fe Ssvml) . - J - ,5c . I'.- . lil. 'VC "L 1 1?- : W-'t C ' I . f-i.''-'": t.i - '"i mm mm Kfti'.- ?? I.'.? '!.; ji : - ft t.T .'fi..