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Weather. SECOND. EDITION Washington, March 5 Forecast for North Carolina for tonight and Saturday: Rising temperature, show ers tonight or Saturday.. - ESTABLISHED 1876. RALEIGH, N. C, FRIDAY, MARCH 5, 1909. PRICE 5 CENTS DRINK LICENSE BILL KILLED BY THE COMMITTEE Morton's Bill Dead Thirsty May Continue to Quench Their Thirst MORE NEW BILLS The Flfty-flrs't Day of the House Met at 10:80 O'clock, Speaker Protein ..', Morton Presiding Not So Many Bills Reported by the: Committees, Bill to Allow Osteopaths to Prac tice in the Hospitals of the State Turned Down by Committee Bill Introduced by Currie to Amend the Act As to the Formation of School Districts. The fifty-first day of the house of representatives was called to order at 10:30 this morning by Speaker Pro tem Morton, and the morning prayer was conducted by Dr. Lay, o St. Mary's School. The journal of the preceeding day was reported as correctly recorded and the same stood approved. The call for petitions was unheed ed, and the call of the. committees brought a lighter crop than on former days, showing the business is nearing the end. The bill to allow osteopaths the rights to practice In the hospitals of the slate was turned down by the committee on health. Mr. Morton's bill to license drink ers was killed In committee. Bills Introduced. - By Currie: . To amend 'law as to formation of school districts. T , . . . !...;. H' .. .. .. .. ....... turkeys and quail in Green, Johnston, and Forsyth. : - By Connor: To allow the town of Lucama to levy tax on soft drinks. The senate sent over an unusually large batch of bills passed by that body, filling the calendar of the house again. . .'. Mr. Carver rose to a point of per sonal privilege, to say he voted against the Koonce bill and for the Blow-Bassett bill, and to say he had been misrepresented by the morning paper in that it said the republicans voted solidly against the trust bill, while he voted for it. Mr. Ituscoe was allowed to intro duce out of order, a, bill regarding the oyster Industry. Mr. Bowie made a motion that the oil bill from the senate be made a special ' order for tonight, and Mr. Turlington moved to limit the debate, but withdrew it and the time was so set. ... Mr. Doughton rose to a point of personal privilege as to a reference to himself in the morning paper as to his words in the debate of last night. Mr. Gavin's resolution to pay the clerks one dollar per day extra was amended by Mr. Wallace to read fifty trails per day, and Include all the as sistants. This passed second and third reading. The Medical Bill. The special order, tne medical bill, was taken up at 11:30, and read and Mr. Dowd amended that nothing In this act shall bar a citizen who has the necessary qualifications for prac tice, and who has . the qualifications necessary for voting. Dr. Bolton defended the bill, say ing the amendment was intended to kill the bill, and he hoped It would not be adopted. Continuing he said the medical profession only asked for a reasonable preparation; that "they did not want to drive out young men. Mr. Dowd said the bill had been thoroughly described, and his only object was to kill section five,, as to qualification. Ho favored education, but the legislature had no right to bar any man who could pass the medical board. Ho stuck to the point that he only wanted to allow aspiring young men to practice medicine, if able. Mr. Hayes said it was ' a serious question, and the aim was for the best and he hoped It would pass. Mr. Currie wanted the bill passed. Mr. Connor said if the bill would chill the ardor of any young man It ought to be defeated, but he did not so consider it, and wanted the bill passed, as the great safeguard to' the noble .medical profession. Mr. Henderson spoke for the bill, saying he bad been cut off time and again when be wanted to speak On something he knew nothing of, and was. glad of it, but this was one he did understand. Time was called on him,, nd'V,te ".rote-," '"yoU," came from everywhere, and the chair rapped loud for order. Mr. Pool was recognized and spoke for the bill. ; Dr. Campbell amended that a first grade certificate from the county su perintendent be sufficient. : i Mr. McCrary spoke against the bill, saying that in four years in school, then four years in medical college would blast the ambition .: of most young men, , -. Mr, Kitchin spoke against the bill, citing the dentists and the pharma cists as not requiring such. . Continuing Mr. Kitchin presented an examination for teachers and said if the advocates of the bill would go in the room and pass it he would vote for it. Dr. Campbell withdrew his amend ment. The Dowd amendment was put and on an aye and nay vote the amend ment was lost by a vote of 47 to 50, and on a division vite the bill was killed, 47 to 48. The revenue bill came back from the senate with amendments which were not concurred in and the chair appointed Dowd, Doughton, Wallace, Rascoe and Grant as conference com mittee. Mr. Rascoe called up a resolution as to settlement of the shell fish debt, and asked it be put upon Its passage. This was passed, and appoints Doughton, Ormond, and Gordon to investigate and settle the same. Leave of absence was granted Mr. Butler. ... Passed Second and Third Readings. To amend the charter of Charlotte. The appropriation bill, carrying the annual appropriation to all the state institutions was put upon its passage and passed second and third (Continued on Page, Five.) ANNUAL DEBATE HERE Raleigh and Greensboro Meet Bere Tonight "Resolved, That theBreaking of the Solid South, Politically, Would Benefit the South, and the Whole Country" A Hot Question Ral eigh Takes Affirmative, Greens boro. Negative Public Invited. , The regular annual debate between the Raleigh and Greensboro' high schools will take place at 8:30 this evening in the Raney Hall. The pub lic is cdrdially Invited to attend. The judges selected for the debate are Dr. Charles Lee Smith, Judge Robert Winston, and Mr. R. N. Simms. The marshals are as follows: Chief, Mr. Herman Briggs of the Synergetlc Society; assistants, Messrs. Hubert Wyatt and Amzie Ellington, of the Pierian Society, and Messrs. Hubert Holding and Julian Rand, of the Syn ergetlc Society. Mr. Seymore Whiting, president of the Synergetlc Society, will preside at the debate, while Mr. Carl Betts, president of the Pierian Society, will act as time-keeper and secretary. The Raney Hall will be gorgeously decorated in the colors of the Greens boro and Raleigh high schools. Music will be furnished by an or chestra. "Pete" Harris, ther chief rooter, is training his band of sing ers and yellers to a very high stage of development, and is confident of so disconcerting the Greensboro speakers and enthusing the Raleigh representatives that Messrs. Ivey and Smethurst will have a walk-over. But doubtless Greensboro's prepara tions have been quite as thorough and her hopes are quite as sanguine as Raleigh's. Messrs. White and Alderman will speak for Greensboro. The question for debate Is: "Re solved, That the breaking up of the Solid South, politically, would bo ben flclal to the South, and to the whole country." Raleigh has the affirma tive and Greensboro the negative. MANY VISITORS Washington, March 5 Thousands of visitors thronged the rapltol today. There were many soldiers In the crowds. Statuary Hall and the ro tunda were especial points of interest to the crowds. It was estimated that 10,000 persons went up to the dome of the capltol. The whispering gal lery was of especial Interest to the visitors. ' In the hall of represonta tlves it resembled a busy express of fice, for the ' house employes were busy In cleaning eut the desks and bundling up the papers and records of the session. Orer In the senate wing the Utica scouts were received by Vice-President Sherman. They hfd with them their mascot goat and THRONG CAPITOL preacttted-,flna! apno&raace. ,t THE CQOPERTRIAL NOW NEAR CLOSING SCENE State WIN .Probably End Its Proof in Rebuttal Some time Today SMALL CROWD IN COURT Delay of Over an Hour at Resumption of the Cooper Trial Caused by Illness of Attorney-General Mc Cain Judge Hart Said Today No Night Sessions Will bo Hold, as Sessions Are Long Enough Now. Some of the Jurors Are Chafing Cndcr the Confinement and Are Anxious to Get Back to Their Crops -State Now Nearing the End of Its Proof in Rebuttal. (By Leased Wire to The Times) Criminal Court Room, Nashville, Tenn., March 5 There was a delay of over an hour at the resumption of the trial of the Coopers and John D. Sharp for the killing of former Sena tor Carmack. The delay , was oil ac count of the illness of Attorney-Gen eral McCarn, When Judge Hart was asked about the talk of night sessions for the re mainder of the trial, he indicated that the proposition did not have his approval. Judge Hart declared that the sessions of the court ware long enough as they now are being held. Some Of the jurors, it is said, are chafing under the confinement and are very anxious to get back to their crops and early spring work pn the farm, majorlty of the jurors are farmers. There was a small crowd in court again today. Mrs. Carmack and her little son were again in attendance. The defendants appeared to be in good spirits ; today. They chatted pleasantly with friends, many of whom surrounded them. Ed. Craig, former state treasurer, who it is alleged carried threatening messages from Colonel Cooper to Senator Carmack, will be called to day as a witness in rebuttal for the state.,, The state is now nearing the end of its proof in rebuttal. It was given out this morning that the state will prob ably close today, unless the cross-examination of witnesses by the defense is lengthy, in the latter event the state expects to conclude by noon Sat urday and argument will probably be gin Monday. Important evidence, contradicting Colonel Cooper on vital points was given by Ed. Craig, the man who car ried Cooper's threats to Carmack tho night before the day of the tragedy. The Witness said that Colonel Cooper said that he was not armed and would like to see Carmack him self. ,..Vv:..v.; He denied that he (Craig) told Cooper that his name would not ap pear in the Tennessean again. He denied that he came back from Car mack and reported to Colonel Cooper that Carmack was in an "ugly, vic ious mood", and he denied that Col onel Cooper said if his name was used again the town would not be big enough to hold them both. In fact he directly contradicted many of the important statements of Colonel Cooper on the stand relative to his two Interviews with Craig. Miss Ella Lamb and Frank Allen testified that they looked up Vine street when they heard the shots and did not see any man like S. J. Ben nlngs or any man, stepping upon the opposite sidewalk. A weather man was introduced o show conditions of the atmosphere that afternoon, but the court would not permit him to'tes tlfy. The colirt adjourned shortly after noon until 2 o'clock in order to en able the state to get more witnesses Into the court. Charles and George Carroll, who conduct a shooting gallery on Cedar street, were the two first witnesses put on today by the state. They gave vldence contradicting Bennlngs, the defense's witness. Each of the Car rolls swore that after the killing of Carmack, Bennlngs came to their shooting gallery and remarked that If ke had happened along by the spot five or ten -minutes sooner he would have seen the shooting, or the he was five or ten minutes too late. Judge Hart ruled ou the testimony of George Wooten, a deputy In the of fice of the stat comptroller, and also the testimony of Deputy United States Marshal A. V. McLane. The wiUea? .Wtotea waa-tcr naYfr Peon used by the state to disprove state ments of the defendants that Carmack shot Robin Cooper from between the posts, by Bhowing It was a physical impossibility, buf Judge Taft held this matter had been gone into and ruled it on a similar ground. Judge Hart also refused to allow McLane to testify as to the cloudy, smoky ap pearance of the afternoon of the tragedy. The state insisted that such proof was entirely competent to re but John D. Sharp's statement that he recognized a blue steel revolver from a point far up the street. Judge Hart, however, ruled against the pros ecution. BACKBONE OP STORM BROKEN. It Paralysed Traffic and Trade From Norfolk to New York. (By Leased Wire to The Times.) New York, March 5 The back bone of the blizzard which has par alyzed traffic and communications of all kinds and caused much suffering all along the coast from Norfolk to New York, a swell as for many miles inland, has been broken. The only inconvenience suffered by New York ers today is occasioned by the heavy slush under foot. Telegraph and telephone commun ication to Baltimore and Washington has not been restored over direct wires but the telegraph companies are moving a limited amount of bus iness in a roundabout way to these points. V " STRAINING THE LAW District Attorney Resigns Bis Position Rather Than Pro secute Indianapolis News Rather Than Take Part in the Prose cution of the Editors of the Indian apolis News For Libel Joseph B. Kealintf, Cnited States- DlBtrlct At. toniey For lodinna.vJla(j,JtslBned. Points Out the ; Reaiiohs "Why He r'ts Cnable to Remain in a Service in Which He Has No Sympathy. Principle a Dangerous One. (By Leased Wire to The Times) Washington, March 5 Joseph B. Keallng, United States district attor ney for Indiana, has resigned rather than take part in the prosecution of the editors of the Indianapolis News for libel. Mr. Kealing in his letter of resig nation, which has been received at the department of justice, asks that he be relieved from duty by March 15, and points out, tho reasons why he is unable to-' remain' in' a service in which he would be compelled to carry on, in part at least, a prosecution with which he has no sympathy and which undertakes to Induce the courts to place what he considers a strained construction on the law. Mr. Keal- ing's letter, which Is addressed to the attorney-general, Is In part as fol lows: ' .'."'. "I am informed that indictments have been returned by the grand jury of the District of Columbia against Delavan Smith and Charles R. Wil liams, proprietors of the Indianapolis News, for criminal libel, and that steps will be taken to remove them to that district for trial. As both are In this district, under the law it will become my official duty to assist in such removal proceedings. "For almost eight years I have had the honor of representing the gov ernment as United States attorney During that time I have prosecuted all alike, without fear or favor, where I had an honest belief In their guilt. "I have been compelled on several occasions to prosecute personal friends, but In each case I only did so after a thorough investigation had convinced me of their guilt. "In this case I have made a care ful investigation of the law applicable thereto. As to the guilt or innocence of the defendants on the question of libel, I do not attempt to sav If guilty they would be prosecuted, but properly indicted and prosecuted in the right place, viz: at their homes. "Only with the question of re moval that I have to do. "I am not In accord with the gov ernment In its attempt . to put a strained construction on the law, to drag the defendants from their homes to the seat of government to be tried and punished, while there is a good and sufficient law in this jurisdiction, In the state court. "I believe the principle Involved is a dangerous one, Btrlking at the very foundation of our form of govern ment. I cannot, therefore, honestly and conscientiously Insist to the court that such is the law or that such con structlon should be put on It, Not being able to do this, 1 do not feel that I can, In justice to my office, con tinue to hold It, and decline to at IbL" ,. .; J .in.A;.lJlk,.U A. THE REVENUE ACT HAS PASSED ITS FINAL READING The Senate Considers Reve nue Bill in Committee of the Whole A NEW COMMISSION Joint Resolution Passed Senate Tills Morning Providing For a Public Grounds '.-Commission to Investi gate (lie Congested Condition in the Departments aud Recommend Plans For Adequate Buildings to the Legislature of 1 f) 1 1 Senate Met at 0:30 O'clock With Lieuten ant Governor Newland Presiding Representative Latham Led the Prayer Other Matters. The senate met at 9:30 o'clock with President Newland in the chair. Representative Latham, of Beaufort, led in prayer. The following',, bills passed their final reading: H. B. To amend law relative to fees of coroners. H. B. To fix compensation of offi cers of Rutherford county. H. B. To authorize boards of ed ucation of Lee and Moore to renew notes. : . H. B. To regulate fishing Curri tuck. . , ''';. H. B. To maintenance of school in Knots Island township in Curri tuck. H- B. Relative to macadam roads in Iredell county. S. B. To validate certain pro bates in Northampton. 7S, Br - Tb -validate acts ofcertain' justices of the peace in Northampton. H. B. To increase number of commissioners of Nash. H. B. Relative to court stenogra pher in Nash and Wilson. H. B. To prohibit sale of cigar ettes within two miles of G.iill'ord College. H. B. . To permit the ."Ellzabei'i City and Albermaile Railway Com pany to use a certain county bridge in Pasquotank county. The Revenue Rill. At 10:10 the senate went Into the committee of the whole for the con sideration of the revenue act, Sena tor Spence in the chair. At 11:10 the work of the committee "arose." The president again took the chair, Senator Spenco offered the report of the committee and the revenue act passed its third and final reading. Senator Hankins offered a joint resolution providing for the appoint ment of a public grounds commission composed of Governor Kitchin, ex Governor Aycock, ex-Governor Jar- vis, T. F. Donaldson, R. F. Hoke, F. H. Fries, Chas. M. Stedman and C. E. Johnson to investigate congested con ditions in the departments and re commend plans for adequate build ings to the legislature of 1911. The resolution passed its final reading. Pussed Final Reading. S. B. To fix time of holding courts in eighth Judicial district. S. B. To provide for separate schools for Indians In Scotland. S. B. To amend sections 1689 of revisal relative to contracts known as futi'res. - .' S. B. For relief of sheriffs and tax collectors in certain counties. S. B. For relief of N. G. Phillips, a laborer, allowing him actual ex penses. .'. Senator Powell offered a resolu tion limiting speeches on all subjects to five minutes. The resolution was adopted. On motion of Senator Bassett the bill to extend state aid for the erec tion of a monument to Henry L. Wyatt was made a special order for tonight at 9 o'clock. S. B. To provide for nn amond nient to tho -. state constitution tt change tho time of tho meeting of the legislature from January to Au gust. Senator Gay introduced this bill and called It up for considera lion. Senator Gay opposed it. The roll was called and the bill failed by a vote of 24 to 15, a majority of throe-fifths being required for pas sage. Anti-AudulKn Society Bill. The quostlon of concurring In the house amendments to the senate bill exempting Beaufort and Carteret from the provisions of the Audubon Society law came up as a special or der at 1 O'clock. Senator Martin opened the discussion for the friends of the measure. He showed the In adequacy of the Audubon Society to protect game In his and other coun ties, declaring that it was unjust for hta county and other counties who contribute to the revenues of the Au dubon Society to have no protection as is now the case. He explained his position on the bill, saying that he and his associates were: willing for the Audubon Society to retain control of those counties where they could afford adequate protection, but that they demand now the protection from the state, which the Audubon Society could not or would not give. Senator Manning followed, show ing that the passage of the law would mean absolute destruction to Audu bon Society. He attacked the con tentions of those favoring the bill that the enforcement of the game law was dependent entirely upon the Audubon Society, saying that such a contention was not founded on the statute law of the state. In efficient wardens could easily be re moved. He' showed that he amount whicli the proposed law would give to the school fund would be a negli gible quantity. Senator Travis opposed the bill in one of the strongest speeches of the debate. He declared that there was work; especially in the eastern part of the state, that the counties them selves could hot do and that an agency of statewide jurisdiction was necessary, Senator Godwin spoke for the bill, following the line of argument laid clown by Senator Martin. Senator Spence made a strong speech along the same lines. : Senator Hankins made a short but effective speech against the concur ring in the house amendments. . Senator Empie came to the aid of the Audubon Society, showing the great work done by the society in the protection of sea birds and of song (Continued on Page Five.) PROTEST AGAINST BILL Wilmington Audit and Finance Trouble Senator Empie Introduces Bill to Re appoint Kntire Old Board of Audit and r . Finance,. Whiclv if Pjuuwdr Would Nullify Governor's Action, A delegation of prominent Wilming ton people arrived in the city today to prn-tept against the passage of Sena tor .'.lfci'pic's. -,rhU-h provide?:- fo V ' :n miii , ' - ' ! Vd Wvi'-d o1 '-'j' ' '.!:.'-. u'i inii!on. Th .e.'-iit of the p -n-e of ihis bill will be to nullify the action' of- the govern- nv who last Tuesday .appointed the ild board. The governor Is given authority and empowered' to make the appoint ments, under the laws made by the general assembly, which he did after hearing both sides of the question. This year there was a contest over the membership of this board,- many citi zens asking for the re-appointment of the old board, and many other citizens asking that two new members be placed on the board. Both sides de sired that the appointmens be made as early as possible, and both sides were given several hearings. The matter was thrashed out Tuesday, delegations representing..' both sides being In the city. At the 'conclusion of the hearing ing governor appointed three old. mem bers and two new members, the new members betnd Messrs. M. J. Heyef and W. B. Conner. The action of the governor was sup posed to be final, and many of the cit izens of Wilmington wrote letters to the governor commending his action in the matter. Hut, ns it seems In the above the matter was not settled. An other phase of the matter was opened up yesterday when Senator Empie- In troduced his bill to appoint the entire old board. The news of the new move was conveyed to Wilmington .people immediately, and as the result there of a large delegation is In the city today. The bill -over'" which the controversy has arisen, passed Its first reading In the senate yesterday and then on ob jection went over until today. FEW ADMITTED AT MUSE tBy Leased Wire to The Times.) Washington, March 6. Immense crowds surrounded the white house today, and for hours' long a line stood In front of the entrance. The general public was not admitted, however, a President Taft received only a few delegations and personal friends. The president and Governor Hughes, of New York, reviewed the seventh regiment of New York this morning, the president and the governor taking their places In the grandstand In the court of honor In front of the white house. Among the organizations which pa- reded In Pennsylvania avenue oppo site the white house was Troop A. of Cleveland, O.; the Boys' Band of Im maculate Conception of New York; the Young Men's Blaine Club, of Cincin nati, and the John McCleary Club of PWladeHnlm 1--Lj THE CONDITIONS IN WASHINGTON NOT YET NORMAL Trains Are Running Late and Telegraph Service Still Badly Crippled VISITORS GETTING OUT While Conditions Are Improving It Will be Many Days Before tliq Telegraph, Telephone and Railway Companies Recover From tlie Dam age Inflicted by the Great Storm NewspaiK-r Correspondents Had a Hard Time in Handling the Busi ness The North Still Cut Off From Communication Except ' In Roundabout Way Postal Com pany's lUislness Completely Prog . trated. .....'.' (By Leased Wire to The Times.) Washington, March 5. Gripped yes terday by the fiercest blizzard Wash ington has experienced in many years, and practically Isolated from the out side world while President Taft , was Inaugurated, the city last night euc eeded in establishing partial communi cation with the rest of the country, Today conditions are getting back to normal, though It will be many days before the telegraph, telephone, and railway companies recover from the damage inflicted by the great storm," All day yesterday trains came into the union station hours late, in in stances as much as twelve hours. Some trains were so late that organi zations scheduled to appear in th parade arrived barely in, time o Join the marching thousands. The seventh regiment tif New York arrived tort late for the parade, and were glvpn t special review by President Taft at the Whie House thi- n-ftei no'), - ' Liift nifh' -O'o itultii.-iow.- au.-i. Ohio JIP.I. fViuis;:)'. :'Vi-- l-.l-MI oi-f'S " -I'legtm to li::'IS V. oi. Il eX- o-. ci ,i I iiiimlred. t,!i:'.!. iiii'l '.'thin !: V. J'lRirHllR Imoiidi.K tialns ,. I. I' 1. (-.. rs'-'ii.y i"T!i iri!;' ; nt u m m v t'1' ii' ar schedJle lime. ire all late. Thousands left the city during the night, and today there is a rapidly increasing exodus. The ma jority of the 100,000 or more inaugura tion visitors will be gone by tonight, f Telegraph lines were badly crippled yesterday and for hours not a Morse key sounded, Newspaper correspond ents and the news organizations had to resort to the wireless telegraph, but only a fraction of the business could be handled. The Western Union succeed ed during the day in putting several lines into commission to the south, by means of which it was possible to communicate briefly with the north by round-about routes, but the Postal Company's business was completely prostrated. Today conditions are but little better, and the only wires work ing with any facility are those to the south, and in that territory only to limited extent. Telephone companies suffered equal ly with the telegraph companies, and today at 9 o'clock the only long dis tance lines out of Washington were to Pittsburg, Pa., and Alexandria, Va. Communication by long distance to New York is still cut off, but may be resumed tomorrow. Neither Balti more nor Philadelphia will be In com- unlcation with Washington by tel ephone today. PRKH1DKNT AT HOME. Slept Without Grounds Iiast Night. "Hone Talking." (By Leased Wire to The Times) Oyster Bay, N. Y March B-Ex-Presldent Theodore Roosevelt arose early this morning, in spite of the late hour at which he reached home last night. One of the visitors today was Rev. Warren I Bowlan, to whom the ex-president said he would remain at Sagamore Hill for about two weeks and leave for his African hunting trip some time before April first.. When a, number of newspaper men called Mr. Roosevelt sent them word that he was "done talking" and only wanted to rest. J There were no secret service men on guard at Sagamore Hill last night, the first time they have been absent when the owner was at home in over seven years. ' ! Later Mr. Roosevelt told a friend he would sail for Africa on March 2), via the Hamburg-American line, tor Naples. Call For Caucus. , (By Leased Wire to The Tlmea) t Washington, March 5 A call ihas been issued for the republican mem bers of the houBe to meet In cauots March 13 at 8 p. ra., at the capltol. The caucus will declo .on nomina tions for speaker and other elecllvf olflcera ot tho house, , .lu(1j;.,; M
The Raleigh Times (Raleigh, N.C.)
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March 5, 1909, edition 1
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