Weather.
SECOND
EDITION
X
Washington, April 21. Forecast
for North Carolina for tonight and
Thursday; Showers tonight and
Thursday. - .
ESTABLISHED 1871.
INTEREST TODAY
Paid Attention When the
first Talesman Was Called
This Morning
HIS MOTHER COLLAPSES
-Mrs. Peter C. Halns, Sr., Suffered a
Complete Breakdown Today Hum
Keen t'nder Severe Nervous Strain
-She Has Not Been Allowed to
Attend the Sessions of the Court
Because of Her Son's Physical and
Mental Condition Defendant Tak
en to Flushing In Trolley Car De
tails of His Aiearanre.
(By Leased Wire. in The Times)'
New York, April 21. Mrs. Peter
C. Ilains, Sr., mother - of Captain
Peter C. Hains, Jr., now on trial in
the Supreme Court at Flushing, for
the murder of William E, Annls, suf
fered a complete breakdown today in
her rooms in the Hotel Astor because
of the tense nervous strain she has
been under. Every effort was made
to keep the news of his mother's col
lapse from Captain Hains.
The elder Mrs. Hains has not at
tended court In Flushing since her
son has been placed on trial. General
Hains, her husband, knowing her con
dition, has persuaded her not to at
tend the sessions, fearing the effect
upon on her of seeing her sou in his
altered appearance, betokening the
development of mental weakness. But
Mrs. Halns has sedulously inquired of
the general about her son and in
spite of all he could. do, she has In
tuitively realized the son's condition.
The defendant was taken from the
Long Island City jail to Flushing as
usual In a trolley car. Ho was hand
cuffed to Warden Debragga. Tho
overcast weather kept the crowd
away. Captain Hains looked bright
er than he has at any time since the
opening of the case. He wore his
long overcoat, which he kept on after
tho handcuffs were unlocked, and
took his seat in the usual place facing
Justice Garretson and the witness
chair. He kept the coat collar turn
ed up.". When the first talesman for
the day was called, tho prisoner fast
ened his eyes upon him. Hitherto
lie had not given any sign of interest
In the trial.
Captain Hains soon turned his face
away from the direction of the wit
ness chair and during the questioning
of the sixth talesman his head sank
to his breast and he actually slept
for live minutes. Lawyer Daniel
O'Reilly, sitting directly at his right,
prodded him with his elbow.
The prisoner straightened up a lit
tle, but did not otherwise notice nor
resent the big attorney's unceremoni
ous arousing of him.
John P. Mclntyre, counsel for Cap
tain Halns, made a proposition today
lo the district attorney that was
promptly turned down.
"Let's bar all testimony of alien
ists," said Mclntyre.
"I will not agree to any such
thing," replied Dewltt.
This leaves the question of a luna
cy commission and other features of
the case bearing on the mental condi
tion of the defendant very much In
the aft. ' : '"
General Hains, the aged father of
the .defendant arrived In the court
room just before the noon hour. He
passed quickly within the bar enclos
ure and saluted his unfortunate son
by kissing him on the cheek. The
prisoner looked up and smiled for an
Instant. Thirty talesmen In all were
examined during the morning ses
sion, without a single additional Jur
or being obtained. Up to the midday
recess J 34 talesmen had been ques
Honed In the case. i
PRESIDENT TAFTS
SBuTHERN POLICY
(Bv Leased Wire to The Times)
Washington, April 21. President
Taft's policy regarding appointments
I In the south is expected to necome
known within the next week, when,
It is said, he will name the Judge of
the eastern district of North Carolina
ta succeed the late Judge Purnell.
That he will appoint a democrat Is
- regarded as certain, and bo strong
has this belief grown mat nearly an
, republican applicant
have, ' eitner
fip nope 01 recemug u iwbimub". i
CAPTAIN
HAINS
SHOWS GREATER
NIAGARA RIVER
STILL JAMMED
!
Several Towns Are Threat-
ened With Destruction
by Hie Ice Jam
DANGFR TO THE FALLS
Residents of Lewiston and Xliiuiirn
Kalis Ar Afraid Serious Conso.
quences Will Itesult I'nless Imme
diate Steiw Are Taken to Relieve
the Terrific Ice .Turn That is" Dam
ming; Cp the River Fear TlrirVihe
Course of the River Mny be Chang
ed and the Falls With AM of the
Great Power Pluats Destroyed.
Niagara, Falls, N. Y., April 21 . A
terrl-fic lee jam in the Niagara river
today threatens the destruction of the
towns- of Niagara Kails, Lewis
Ion and Yonngstown. Unless Im
mediate action is taken by
the government to break up the jam
it is feared that the course of the
Niagara river will be changed and
that Niagara Falls, with all of the
great power plants will be destroyed.
Residents of Lewiston and Niagara
Kalis are panic-stricken.
Chief of Police Thomas IT. Lyons,
of Niagara Falls, said that if steps
were not taken to break the ice jam
before nightfall he feared serious
consequence would -result. A simi
lar statement was made by Proprie
tor Cornell of the Cornell House at
Lewiston.
At Niugaro-on-the-Lake the water
reached the first floors of thru: big
hotels, imprisoning more than 100
guests, who were rescued by means
of boats.
Thousands of lives are imperilled
by the mountains of ice that, have
choked up the river and property
worth millions of dollars is in danger
of destruction.
Department Can Do Nothing.
Washington, April 2 I At the war
department this morning it was said
that Col. W. L. Fiske, in command of
the United States engineers office at
Buffalo, N. Y., wired. the department
that there is .nothing. the department
can do to.rellcve tho danger Irom the
ice gorge ut Niagara Falls, there be
ing no facilities for undertaking-the
work. Tho statement was made that
It is believed the ice is In a soft,
musfty condition, instead of being
hard, and this being the case dyna
mite or other explosives could not be
used to advantage.
"The war department Is II ling to
do whatever it can. to relieve the sit
uation," said an official, "but it can
not go against providence or nature."
"Then it amounts to just this:
That the people at Niagara Kalis will
have to help themselves as best they
may,' was the suggestion made,
"That is about what It-amounts
to," was the reply.
A man who tried to cross the Ice
field this afternoon was carried over
the falls. For some time he was seen
clinging to the rocks below and then
he was finally covered by a mass of
ice that piled around him.
NIGHT RIDERS
PAY BIG FINE
Paducah. Ky., April 21. No do
fense was offered in the federal court
to the suits of Lee ,Baker and Nut,
Frlzzell, negroes, for damages on ac
count of the Birmingham night rider
raid, and the full amount, $25,000
each, was awarded. : They were drlv
en out of Birmingham by the raiders
on March 9, 1908, after being whip
ped until,' according to the testimony
of Dr. Robert Overby, the lash cut
Into the muscles of their legs.
The verdict wag against Dr.. E
Champion and about twenty-five oth
ers. In his charge Judge Evans said
the only evidence of shame for the
deed manifested by the defendants
and their failure to appear and deny
the charge. Otis Bllck, the confessed
night rider, on whose testimony Dr.
Champion and John Jackson were
convicted at Benton, told of the raid
end identified the defendants. Other
witnesses, told the' stories and . Dr,
Robert overby, woo himself " was
warned out ot Blrginhara for dress-
iuj iu uogruen wouuun kihu mjbiiucu,
BY DRIFT NO ICE
RALEIGH, N.
Scene in the
I,.,I'A ulwiti-u i In.. i'iiii.inu i 'liJ
the past few days, because ol the ma
LETTER TO EDUCATORS
Supt. Joyner Writes to Lead
ers in Every County
He Advises County Superintendents
and Hoards ot Kdueatioii as to the
Workings of the ,c Law Pali
enci', Persuasion, and Persist :mre
ecessiiry lo perfect School Svs
lein. State Kiiperinteiident. of Public
Instiuetlon .1. Y. .lovner is Hcndiii'.;
out to coiiiuv Knperiiileiiileiits ami
county boards of education blanks for
the lu'iiiized slatemeut to be snlimn
ted i'y them to the board of coiimv
comniisi-ioners of eaih countv on Urn
first Monday of June, lfldl), in ac
cordance with the act of the general
assembly of l!Hi!), repealing seel ions
4099 to llOti and section 4112 of the
public school law and providing for
a more equitable apportionment ot
the second hundred thousand dollars
and. the levying of a special tax for
the malutenace of one or more public
schools in every school district for a
term of four months In each year.
In his letter accompanying the
blanks ho sets out graphically the
needs of the public schools and de
fines "necessary expenses." lie
says: -
"Your.- estimate of necessary ex
penses for the maintenance of one or
more public schools in each school
district for four months should be as
conservative and as economical as Is
consistent with the actual educational
needs of the school districts, and
with the actual' educational demands
of civilization and of this ago. Here
are some-of the necessary expenses
for- ffie proper maintenance of a pub
lic school that your board should con
sider conservatively in making Its es
timate: "1. A suitable house with respec
table equipment in every district.
For this purpose set aside in your es
timate, if necessary, the entire
amount allowed by section 411ti of
the public school law for building and
repairing schoolhotise and other
equipment. You will observe that
the law reasonably limits the pro
portion of the school fund that may
be annually used or these. purposes,
"3. Reasonably efficient supervis
ion. If thq salary now- paid your
county superintendent is insufficient
lo employ a thoroughly competent
man to devote enough If his time
properly to supervise dlroct and visit
the public schools, you can and ought
to -Include In your estimate a sufflc
lerit salary to employ such a man and
provide sucn. supervision. ,'The pub-
t ; .- -- .- -,. -.7... .T-t. vl
C, WEDNE SD AY, APRIL
Famous Chicago Grain "Pit. ' '
Iiiuiii llf Et. vi li:..l. in itnv r.n.l
iiipulalion ol Hie . wheal market by
JAMKS A. PATTKX.
JAMES PATTEN LOOK
ING OVER SITUATION
. ( By Leased Wire to-The Times)
Chicago, April 21. James A. Pat
ten, the '"wheat king" left Chicago
suddenly today. The explanation giv
en at his office was that he had gone
to look over the wheat situation in
the west and southwest. Reports
fhat Patten was 111 were denied ab
solutely. .
lie school law requires a county su
perintendent who shall supervise anil
visit the public, schools; therefore,
this Is a reasonable part of (lie
necessary expense' required by law
for (lie proper maintenance of one or
more schools In each school district
for at least four months.
":!. Properly qualified teachers
and enough of thoni to do thorough
work In branches required to be
taught In public schools. Under the
law the board of education is re
quired to II and report tho number
of teachers necessary for each school
In each school district and the salary
of each teacher. In .fixing such sal
ary the board should have due re
gard for the grade of work to be
done and the qualifications of the
teacher necessary to do this work,
and, should fix a salary sufficient to
command a competent teacher. A
school can be no better than the
teacher. , ' , ,
- 4. Reasonable Incidental expenses,
such as fuel, Shoves, a buckets, etc.
: f Continued o Pa Bvsn,J .
' v.:'---:r, -.V -' vv-
21,1909.
mwiu li'ii-.i Imim n-.n, .mil lnut ..-itliii
Mr. Patten.
TRAINS BY TELEPHONI
Telegraph Service Succeeded
by Telephone System
Ilevniiiiuu; Tomorrow the Illinois
Central Will Operal 'I rains Over
77: Miles of lioad by I se ol Tele
phone Instead ot Kegular Disp:ilcli-
er's hervice.
(liv Leased Wire to 'I lie Tunes)
Chicago. April l' I -- Alter Thursday
77;! miles ut the Illinois Central
train service will be operated bv tele
phone ..instead ol bv telegraph, fi
H. (iroce.. siiperinieiiilent ol signals
ami tclecruph ol the Illinois Central
who leaves . Clncno ' todav tor Car
bondale. where he will beuin the new
ti'lephoiie service.
Mr. (iroce savs he is also working
and .expects to have open within a
tew weeks telephone operation on the
Puducali, Mississippi and the second
Louisiana divisions and expects even
tually to extend the telephone sys
tem over every mile of the Illinois
Central lines.
The New York Central is-, experi
menting With the telephone train op
eration for 80 miles on the .Albany
division. .
Mr. I! fore says that nil of the pres
ent telegraph operators and train dis
patchers will be used in the tele
phone service. The dispatchers will
do -their work verbally entirely and
will use a double receiver similar to
those used by the telephone exchange
operators. A patent by Mr. (.3 nice al
lows the dispatchers to call stations
by a bell code.
VAN CM'. U K KKKKJNS.
Is No Longer President of the Citr
.en's Alliance,
(By Leased Wire to The Times)
St. Louis, Mo., April 21. James
B. Van Cleave, president of the Citi
zen's Industrial Alliance, has tender
ed his resignation as head of the or
ganization. The change comes about
through antagonism shown to Van
Cleave by manufacturers over the
country after his fight against Oomp-
ers, Mitchell and other labor leaders
VanCleave Is president of the. Bucks
Stove and Range Company, which se
cured nn injunction which prevented
Mitchell and Oompers advertising a
boycott on the company's product
Gambler Hreiiku the Bank.
(Bv Cable to The Times)
Nice. April 21 -Huntley Walker,
an Englishman, broke the bank at
Monte Carlo last night, winning (60
000 in two hours, .. . ',
THE INCOME TAX
fl
BEFORE SENATE
Introduced by Senator Cum
mins As An Amendment
to the Tariff Bill
THE RATE PROM
Senator ( uniniiiis Lstlnuites Tluit His
Amendment Will Yield $40,000,
000 Allillliil KeveillK' AllK-IHlllieilt
Pi-ovides Onlv I" 'or a Tax on Indi
vidual Incomes, i;ut Requires That
Corporations Shall .Make Annual
lErports Show me Their Net Income
mid Also to Whom Dividends Are
Paid Mill (o (Jive President $25,
000 Traveling K.vpi'iises.
Washington, April 21 Senator
'ii m in i ti s today Introduced his in
onie tax amendment ; to ' the 'tariff
nil. If. exempts incomes below $5,
HHi. and .authorizes' the. deduction of
liai amount from every dutiable In-
ome. Hie rate provided for is as
allows: Incomes not exceeding $10,-
000 ,2 per cent.; $20,000. 2V, per
cut.; $-10,000, II per cent; $60,000,
i '.per cent.: $so,000, 4 per cent.;
$100,000. 5 per cent.; all over $100,-
000. l! per cent.
Senator Cummins' estimates that
his amendment will yield $40,000,-
00 annual revenue. The amendment
novides onlv for a tax on individual
iicoines, but requires that corpora-
ions shall make annual reports show-
ng their net incomes and persons to
whom dividends are paid.
The senate met, at noon.,. Senator
Guggenheim introduced a bill as a
ider to the senate appropriation bill,
irovidmg lor an annual allowance of
$2"i.OOO for the president's traveling
expenses. .
Senator Cummins made a brief ex
planation of the Income tax amend
ment in which he said that he recog
nized that it challenged the opinion
ol the Supreme Court in one partic
ular, but he maintained that it re
moved all other points of collision
The one point in question was wheth
er a tax levied on incomes derived
from investments in either real or
personal property is a direct tax. This
was a broad question and If it was
impossible to tax such Incomes then
a direct tax would be impossible with
out an amendment to the constitu
tion. He believed that the courts
mjglit hold such incomes taxable.
He also explained why he had elim
mated incomes to corporation from
the amendment.
Senator Smith of Michigan, and
Senator Rayner raised the point that
under the operation of Senator Cum
mins' amendment foreign investors in
American securities would escape tax
at ion. Senator Rayner called atten
tion to Mr. Andrew Carnegie's im
mense income from the steel corpor
ation which he said would be exempt
under the proposed amendment.
Senator Cummins promised to re-
ply to this argument later.
He said he had no intention In ad-
vocating an income tax to assail the
policy of protection. His position as
a protectionist had been attacked, he
said, when he entered the senate.
"If I am to bo measured by the
test imposed by an association of self
ishness such as the American protec
tivo tariff league then I am unsound
under the doctrine of protection, but
if I am measured by the republican
platform as the teachings of McKIn-
ley, Garfield and other republican
leaders, then I am sound,"
CYCLONE SWEEPS
THE JAMES RIVER
(By Leased Wire to The Times)
Richmond, Va., April 21. A cy-
clone dashed the steamer Pocahontas
wildly about on the James river at
Wynnoke on her return from Norfolk
yesterday. Old river men say it was
the most terrible blow they ever ex
perienced. Passengers on the steam
er congratulated themselves that It
lasted no longer. As the steamer
neared Wyanoke what appeared to be
a small, but dense fog was observed
north of the river in a field. Sud
denly It developed into a furious cy
clone, heading directly for the steam
er. The passengers did not realize
their danger until they bsw roofs
swept from houses and large trees
uprooted in the path of the- wind
Shingles -and rafters Sew la the air
like shavings, v
AMENDMENT NOW
PRICE 5 CENTS
DAUGHTERS MAY
MAKETHEFURFLY
BEFOREITISOVER
Daughters of tbe Revolution
Are Doing Politics With
a Vengeance
OPPOSITION IS STRONG
Gentle Methods Are Used by the Op
posing Candidates, But Still There
is Much Bitterness Between the
Factions Followers of Mrs. Story
Are Still "Peevish" at the Way
Mrs. McLean Treated Her yester
dayMrs. Story's Friends Say the
Society Should Rid Itself of "Boss"
Rule. -
(By Leased Wire to The Times)
Washington, April 21 The fair ;
members of the national society of
the Daughters of the American Revo
lution, In convention assembled here,
are "doing politics" with a venge
ance. While, naturally, the meth
ods pursued by the adherents of Mrs.
William Summins Story, conserva
tive candidate for the office of president-general,
and those of Mrs. Mat
thew T. Scott, the administration
candidate, are characterized by gent
ler methods than those usually
adopted by the male sex in matters
politic, yet there is much feeling, not
to say bitterness existing between the
factions. The followers of Mrs.
Story are still "peevish" about the
way in which Mrs. Story was treated
yesterday evening . by Mrs. Donald
McLean, the present presldent-gen-
. 1 .1 . !.: . . f .1 . a .
ntlon. when shewas not,ermittedT"
fn fun il ha anA,( n n t
from New York, being ruled out on a
technical point of order. The friends
of Mrs. Story are declaring today that
Mrs. McLean's action is evidence that
she feels the cause of Mrs. Scott is
not as strong as could be wished,
while Mrs. McLean's adherents insist
that she acted entirely according to
parliamentary procedure and further
more that Mrs. McLean's action was
good politics", viewed from a prac
tical .standpoint.
It cannot be denied that Mrs. Mc
Lean's action has created a great
deal of comment and that Mrs. Story's
friends are taking every advantage of
the opportunity to make use of the
incident as proof of their claim that
the society should rid itself of "boss"
rule.
That tomorrow will see the crystal-
Ization of the partisan feeling exist
ing between the factions Is a fore
gone conclusion in view of the fact'
that the election of officers is to
take place then. In the meantime
members are electioneering "to beat
the band", and are sparing no le- 1
gitimate effort to win votes.
The convention was called to or
der by President-General McLean
shortly before 11 o'clock this morn
ing. Prayer; music and the reading;
of the minutes followed, after which
the reading of reports of standing
committees commenced.
At the 3 o'clock session the special
order of business will be the presen
tation of the report of the memorial
continental hall committee, of which
Mrs. McLean is chairman. Further
contributions to the building fund
will be received.
It Is thought the question of Mrs.
McLean's recent urceptancy of a large
portrait of herself, to be hung in tha
hall, Instead of permitting the ques
tion of the acceptancy of the picture
to be decided by one of the standing
committees, may come up for consid
eration this afternoon, in which case
"fur may fly", the members being di
vided in opinion as to the propriety
of Mrs. McLean's action.
(Continued on Page Four)
A COTTON MILL TRUST.
Plan of the to Get Control of
" Southern Cotton Mills.
(By Leased Wire to The Times)
Winston-Salem, N. C, April H.-
It Is reported that the Dukes are
planning to organize a southern cot
ton mill trust, one similar to tho
American Tobacco Company, of
which "Buck" Duke is the head. ;
According to the report, the Dukes,
who have made millions out of tho .
tobacco business, own a large ; eon--v
trolling Interest in the Southern Pow- "
er Company, through which they ex
pect to manipulate the scheme nowt
contemplated to get control of a ma- '
Jorlty of the leading southern cotton
mills, many of which are now being .
operated with power furnished by th
SouUiera Power CdtapaB, j.
'!'(.
'-".