North Carolina Newspapers

The Weather FAIR. RALEIGH, N. C, WEDNESDAY, NOVEMBER 1, 1911 LAST EDITION PRICE FIVE CENTS. Dovible the Number of Paid Subscribers in Raleigh of any Other Newspaper ACTION DISMISSED WILL MEET LET CONTRACT Vol. LXX. No. 104. I M'CULLERS CASE A SHORT DELAY Technicality Causes Postpone mentof Hearing of Mandam us Matter On Its Merits A UTILE MORE TIME Iteruusc Members ol County C0111 nilNsionors Were .o( Sued as Cor porate llody, Judge I'ec.blcs A!, , lows Million ti IMsmiss, (he ("use New I'upcrs Being lYepnred, However, and .Mutter ..Will Co'iie 1 . Again Soon Mr. It. N. .Miimis (k'tH in Case tor llcfciiilant A Hcvlew of the Matter and flic I'rooocdlngs Today. "By means of a too.iniealltv nboit the size oT a hair tlic mandamus proceedings instituted hv Ii:-. .). ,L 1. Mi-Cullers tiBiunst the board ol county commissioners was delayed for at least ten more davs, wli Judge II. B. Peebles, who was to hear the matter at chambers, sus tained today the defendants In taelr motion to dismiss the action. Tin? distinction Is so acute Hint Lie lav mind has some dilficully in grasping It. In the summons which was sorv- . ed on the members of the' board ol commissioners, the said 'members were not designated as a corporate body; the summons referred t,i thorn as "'comprising llie board," when it . should have named tnom "as the board" of county commissioners. The obicclion was a pari of the game, being plavcd bv the board of county coiniiiissionors-or rallier cer tain members of it to delav the settlement of the (uestion oil its merits. Had the - defendants con sented to an amendment ot the summons and complaint the ninttr could have been threshed out toilav: it is said, and tie issue would have been settled on law rather than de layed. Ielny Will I So Short. But the delav will not. be for long: Alreadv the attonievs lor Dr. MoCullcrs have begun preparing new papers in the ease and these will be lerved at nnre utiil Hip mut ter brought to a head wllaln the least possible time: ten (lavs must elapse In the case ol a mandamus. Since the matter will have to be tried in Wake county.' the plaintilf will have to Ret a superior court Judge to conip to Raleigh and hoar the matter. The present term ot Wako superior court will have end ed before (ho necessary tinio ex pl res between the serving of the summons and the hearing of the matter, and Judge Peebles will bo at another court. A I'i'etty Coup. It was a pretty coup County -Attorney Beck with and Mr. . R. N'. Slmnis, who has been employed to assist in the case, sprang on the plaintiff today, and it took the oth er side by surprise. Lawyers in the court roonv . appreciated the point, more than anybody else; and some of the commissioners more than the THE FIRST JURY BOX IS NEARLY FULL Los Angeles, Nov. 1 Indication In tho McNamara murder trial were that before nightfall the first full jtirybox of talesmen passed for cause by both sides would be obtained. Yesterday's 'progress brought tho number or talesmen who had quali fied to nine. It was hoped to add three more at today's session. While the first lap in the trial will have been run In filling the jury box for the first time, the subsequent ex ercise of, thirty peremptory chal lenges, twenty by the defense and ten hy tho state, makes.it necessary to have manv full panels before tin Anal dozen men is agreed upou. lawyers. I be Intent ot the sum mons was not, suflicient, Judge Peebles held, and dismissed the ac tion.' . ' Origin of Case. The mandamus was on the behall ol Dr. -Meddlers,- elected 'county superintendent by the county board of liealth, against the county com missioners, the sheriff and other of ficers to compel them to admit him to the discharge of his duties and to audit his accounts. Dr. McC'ul lers was elected last spring, but tho commissioners declined to pav him his ularv, msited instead ot over riding the board of hc'ilth, fixing the salary at $(00 a year and speci fying his duties and prescribing Hues, etc. Efforts were made to compromise, and tho county . board of health submitted a proposition" t.i pay Hie health officer $1 ,200 a year. This .whs rejected by the 00111- missiotiors and the action today Was the result, ,- Mr. Siinnis in ('use, Mr. Ii. N. Sinims' name first ap peared today 111 the case, lie having been.' e 111 ployed, ( oiniiii.ssionor Chninhloc slated, to assist County Attorney Ucekwith. Mr. W . C. I.'rowor, another eominisnnii'r, saol Lie board had passed no resolution to employ additional counsel, and it rooms that Chairman .loanson and his lollowers secured his services without bringing the mailer -before the board. Mr. Snunis presence in " case reinforced tne dotendanis and be and County Attorney rierk v.it.i mav be deKndod upon to light to the end.. The .Motion to Dismiss. Tiie motion to dismiss the action, which was signed by Messrs. Ileck witb ami Simnis, is as follows: "The dclendantsi I). T. - Jolinsnu, I. H. Lynn, II. S. Franklin and W . (Continued on Page Five.) ROY THEI COMES BACK The Lure of the Newspaper Irresistable Mr. 'Iliciin Becomes Circuntioii M1111-ngi-l- ol Tlie limes. Succeeding .Mr. S. M. I'.urritl, 1 10 (iocs to the (haiollc .News, Mr. Tlieim an Olfl Hand in Tile Times Office. Coming back to ins 'first love."--unable lo resist the temptations ot newspaper, work --Mr. Leflov Thoini enter.-; upon his duties today as cir culation nmtiagor ol The Times. Mr. I hi cm nan been nssooialod with The 'I lines helore and Is no stranger to tlio paper or to the people ot Ral eigh. Mr. Theim succeeds Mr. S. M. Iturritt, who becomes circulation malinger ot the Charlotte News. Mr. Hi; r 11 1 1 has held his position in Ral eigh with ability and has made manv friends here, who wish him success In his new fielld. Mr, Tlieim retains as assistants Messrs. Arthur Harris and Jno. Cheek, who, with tlie help of the twentv-four active Times carrier boys, will take care of the city cir culation. Every effort will he made to secure prompt deliveries of papers in Hie city. SOCIALISM SHOW'S STRENGTH. liO. Angeles (Jives Big ote In Pri mary lor Socialist Candidate for Mayor. . Lo.s Angeles, Nov. 1 Socialism showed remarkable strength' in tho municipal primary yesterday. As 1 rcrfn It, Job B. llarrlmun, sociallht candidate, will contest witli George Alexander, republican, for mayor for the next two years. Harrimnn is 111 the lead by two thousand over Alex ander in 189 precincts out of total of 2 33, where primary votes were cast. Practically complete returns give Harriman. socialist, 17,674; Alexander,- present mayor, republican, 15. 495. Mrs. Mnntell Dead. Atlantic. Highland, Nov. 1 Mm. Marie Booth Mantell, wife of the fa mous actnr, Robert. Mantell, Is dead hero of heart trouble. Mantell reached here from the west several hours after his wife died, Trrrnrrrrznirrrr--------- , 1 . . iii-iS: 'I'."'- ' 7&rZirTt. " r 9 9 mo v- ift;: :v:-:': -i "" t: si- r "J, Ko"i' lmir:i I'uu'i 's. I t!crlinu ,. eiiimittidfi 11: the Itianie- sauadum, nmv asf-cuitl d id Ni vv 1 01 k Ir-irhoi-i his llasl.ip, t be Connect Mill . I be toi Pcdo l:nal destroyer - lii'lili- ai;d (Ik liiil I losin;) ,.Nei-lli, Diikot.i, These ships ytill plav a proiiiinent '-pail jii llie rovic-vv anil inaiini'in ms -tliat : Vtill ...mark -.tlie !ii"'u,ll'at leii ot,-. the IIU war vessels at New A "l k. ROBBERS STOP TRAIN Passenger Held Hp Just Out side of Memphis l!ock Island Train Victim ol K-!'-I.crs l-.niiieer liiiniinliili'il nv Display ot C:imiiis l-Aprcss ( ,' Wricked Kobbers I-riglitcned Away liv Seiircli I'tirlv. Al("iiiphis, . Nov, 1, -Hook l.lauii passengor train N'o. was. held up' and cobbed bet ween Hi'ii:;e j 11 net iiia and . 1 1 uilliei'l , - ArK. Aooordiiis t'o' the latest, advices llie bandHs rs.c.ip ed after wretr'kln'g-' l in-"-exjiress 'car. Iir an; ( Ifort to blow i;i"ii tlie tiafe.: wilh nitroglycerlneo, It is - Vaid. Kt'veraV registered, packages of iinliiiown value was obtaiiicd from the: mail far. Six masked men held up "the tram. The -.'rubbers'-, boarded the train when it. slowed down near Hiirlliurt, eleven miles Irom Mem phis, and intimidated the engimr with weapon display, forcing lum to back the train several miles. 'I ho express and mail cars were detach ed, and hauled ahead a short dis tance. The mail pouenes were ran sacked. Seven nitroglycerine cans were fired into tlie express car sale. In the midst of their pillage the rob bers, were frightened awav when a switch engine, searching lor ih overdue train, approached -from Hurlhurt. THE TURK MAY LOSE Chlnsso, Switzerland. Nov. 1 .-To bring tho -war. with - Turkey to a" end quickly, the Italian cabinet de cided tbat thei'l'orte must either ac cept immediately or lose more ter- ltory. Tins means that some or Turkey's valuable possessions in tho Mediterranean probably will be seized unless elie complies. Suffrage Movement Gains. New York, Nov. 1 A membership gain of twenty-five per cent, during the paRt vear is reported bv the Wn mens Suffrage Association of New York state, hoding its annunl conven tion her) today. - r - 4 , Old NAM DISPLAY Ninety-Nine Ships In Line For! Inspecliosi -. Xov- Vor'-.. :.. I li.lit in;: s'l.ip.s, urn'iei j formal event, or or. ! t in!' in I lie ('11 iled Si', j tr.rv, swunii at ifnc.b j. ;-nn . rlye'r I li.is' ..'iiere line seven , i.ii'--- luir .. Duly 1 hi.-' In: 1 Tiiu-ey, and; Cra vi-n. . ; From' I he: lit '.' n". o:j. two vessels .ordered- 1 .Tie--.Heel: : i 1 1 . 1 il .".e now in I'oiiiiiriKKUiii Stares tia vy, twenty-! I . illel-oji'' . il fill' t lie Ii rsi t:V. I lnobili::a--Ml V S Ills 'iV ill Lie II ill ui,. i n a. gra 1 !"':-i!.s-l!arney, v ei:e: . iiiiKsittg- , iiuiidred - mill :-;.IMilllilizrii i c lit, X 'IV ba-.i I leshi'i'i in I lie I'Dilfd, 1 in all. "ov - ri in. Kiirh ... ''! -10 " west'--:i il.'ing : ifiversiile the river in i:'-i-'-l from the - e lower Pnli snip lake form 1 i.ieii at ep-mi i:asned on t he cratt in line lors from sleui cry one ill . Iiuhl nig risers w lio . si ooi'l 01.1 edge of Ma.iihattan ; Drive, and tho.-e; acre New .lersev who iv. preiipitoiis cliffs of i sades saw ship after as the mist lilted, o clod: the sienal v.a ( onncclicut and ever burst into rainbow en to stern. It was the the (lav preparatory :rst order of 1 the inspeo- t ion ol the ntternoon. One dav ahead ot I 'resident Tait. who will review Hie fleet as -,t passes out 10 sea lo'iiiirrow- after n.oii before! (iispeisiii.".. ..Secret .i.'y .Meycr uiid the first lienor of seeing the greatest array of ' warships ever assembled in American'- waters. - The presidential yaoiif, Ma.vllowei selected to carry eoetary , Clever and guests, livcIiidinS tnemliers of the senate and housed and the naval. affairs com in it tees. v:i! West . Twenty-third str was 'siTveil aboard.. f. brief reception to l!''ti: terhaiis, -comniiinde'r anchored off eef, Uinclleo.ll nmvtxl hv a i- Admiral ()s in chief, ae eomniamlers v I si is were conipanied by division of the fleet. , lieturn 1 made bv-1 Secretary ,M 'yer to the tlagships of the '-lirstv fourth, llfih and pus: divisions. I.ater in t no second, third, ilily the sixth - a 1 ternoon. in- spection was mad lino. Ciders on rilled lor a salute when the secretary - o! tlii entire the. Connecticut ell nineteen guns hist unfurl'id his flag on the Mayflower, then each flagship saluted alter up made tils call. A woman Isni necessarily a cook ing Hchool graduate 111st because her husband takes lus dinner downtown. ' ir t its BORGAfi'SSTHOSBeWPe CHINESE CABINET How He HcSds Industrial and New Premier Will Reorganize i Hnanciil Situation Cimtr.iK Absolutclv Mure I ban Mall Mil.iin'i IImI1:is ol Cilier I'eiiple s M"ni'V llcstinv ol the Nation le-v(s 011 Hie WI11111 ot Ibis ( llie .Man ,!::. i.;:"n, 'Ii: (' Xi'W Viiil;, inaiieial . .(' -'U. I Tii, l(e si;iiers, all I'eei or:.', '.1 in;, are ml , the;' initivi't-j. . i-s'l i;;al iiig coin s in helievo t-liai: i-ii lr;itig carried e oali llie pro- of Wltifii, are. Willi'-'. -..fret .-ii il (.(in'Milaiiiiii.:.: iiti.Miil Mi' -j 1 (elli-iiei ;(.l it ' l-ll 'es ii'iil.t"i-n. ' 'riiuy' iJi oless 1 1 1 ese ' i 11 est i jya t j ii n S: ..if re oil .lolely fiuVivhiji t i 1 o. oe.s Of: uinlviiiH' " " pel i 1 i I tiiiiuilei''' fur 1 he aiiiVniac'bi'ii'g ya-iup'iiigh. Those newspapers rejjarif every move which threatens-- to-.'.d'itiir'b llie .'Wall street barons w hile . t ht'v are -'engaged ;. in their prcsi'iir . little ..occupation'' of coupon clipping. ...as little short of treasnn In the nieaiuinie, informal ion has been coming to light lately, largely as iiii iuoicleiital result of the Stanley steel oomiuiitee s work, showing .the ileiTiils. of .1. V Morgan's urin on 1 lie 1 , I iiiiiisfrial and liniincial situation in llliis conniry. 1'his iiiforniation j shows up the tremendous power iweilileiJ liy this one man in such a liiaiilier thai the democrats . ill con gress see more. dearly than ever that (Continued on Page Five.) COLD WEATHER IS HEADED THIS WAY .Washing I mi'.-? 1. ('.,. Nov. 1 The lirst cold, wave of the season has luade il.s appearance in : the north west with .-Almost zero weather in Molilalia and Norlh Dakota. Weather bureau experts say there, is strong prolialiili'y it . vill he 'carried' far southward ihursdav and 1'iidav. They ( Nine: sed 1 be .beliel' it will cun.se Irosts Ihroiichoiit llie gulf and sou;h Atlantic states, except south ern V'lortda. Freezing lemperat 11ns are indicated in the Ohio valley, lake region and -north Atlantic, . Hard . luc k triends. jstorles make shy S Raleigh Autoists Will Greet the Boosters of Good Roads ARRIVE TOMORROW NOON f lirrinber ol Commerce Makes Pre parations to (.reel (he Apiislles ! Iinpried lligliwavs l.lil'iilMe Irom Atlanta to Kicliinoiid Names ol These Who Will Make tlie Trip Towards I'lilelun st. As an escort to the scout car that is blazing the wav lor an automo bile run from Atlanta to Ricliinond. in the interest (if good roads, .1 large liuinber of. Raleigh autoists 'iU "r out e:::onow iiio.ruing to greet the tourists ami accompany l hem to this city.' ;'.. '... ('resident. Lilcltford,-: of the oliain-1mm- of. ('oiiiineroe lias itivited a nnin ber of oar ovm rs ru liieot tlie scouts bet w een. Raleigh ami Sanford. .Most of the Raleigh, enthusiasts will ao to . Apex and ;wa it, ultliougb . others w 1 1 1 .-go on furl her. Several of the llalemli cars will be decorated with banners, and pennants to make the seeee a lively one. - ( 'aimien,. Pout ii-.' Carolina .was the rest ;"i.i; jiiiiof-of i he scout last night. They liinch at Cheraw today , and spend the liiL'ln. at- I'ineli urst, guests of Mi, Leonard Tufts at the magnifi cent . Carolina Hotel. The; party is exiieeteil io arrive in Raleigh to morrow;, sbon ly after noon, after a run o: SI. -in ilea from I'lnehurst. They will have. '.covered-' ." "i.'i iniles since l."aing Atlanta .Monday, morning. ' .The following. .escort has been ap pointed by Mr. idtchford to meet and greet the tourists tomorrow:;. 1 II... Anderson, Mrs. A. IS. An (Irews, Hit's,- Jaiiies : Boylan, R. D; -(Continued on Page Five ) the Cabinet i 1 ii ii to stoo Aggressive Moveoieiil nt Inipei ialisl fl roups anil Open Negotiations Willi the Ifeliel Leader Had lo Appeinl nan Shi Km to Mont Loan. -Peking'. .'"'.Nov.''- .1. -; Yiian Shi Kai has ,: been . iipoinfod preinier". o' China, will ' nn'.ii.ni.e; a . new: cahiiK'' .iis- soon lis he ussuuies the . post.. Prince; Clniig w.iipin Yiiaii s'n Km si.icceeils. . Iieoii.uies l.irewideu.l . jif . j U" privy' ciiiiiU'il aud-Nii .Tung ami Hsu, Si-rili Cha ng. , vice .'iircsiilents. WV' Hilaiig i'lio. . - formerly. . viceroy- of Kwaiig Tung .province. beeiiine viceroy (if Hi: Poll ..and lie Nan lu'tivinees,. io which of liees Yuan Shi Kai was elevated when he was '( cetitly recalled, 'from official hanish inent. to restore imperial authority in the soui.iern provinces. Yuan Shi. Kni proioses. to :-ir:i t be iin per.ial troops progressive moveiiKUi! iiml opeti forthw ii.h negotiations- w it'.i the rebel leailer, (Veil' oral l.i Hen ileng. New I'l'cimer Insisled 1 pen. . Tokio, .Nov. 1. - Financiel -"circles were assured oil 'reliable : aut hori that Viian Shi Kai's appoint iiieni, as premier of. China, is, one of .lie principal cotulit ions lindi'i' , w'liioh the Hclgiimi , '.Syndicate, agreed to lloat ; if. shoi l tiniO. loan trf, eigitteeii ntillMn (lullars for tin: Peking .gp.v eriimeht. HOW ( ol.tl ITT ON C(lT ro. Savs Ibis dear's (inn is Wnii.li at Least 1:t ( enls a Pound. .Now Orleans, Nov. 1 --Today's session of . the governors' , cotton conterence was occupied hv Covern or Colquitt lie subiTiiltcd statistics upon the worlds demand for the 1011 crop and declared the world's spindles will reipiiro 1-S.73,910 bales of the pn-scnt American crop. This, the governor declared, proves that cotton is worth .1.1 cents or more a pound. The average price of the last crop was 14.hu cents per pound. Friends of former (!ov ,C. H. Avoork will lie glad to learn -Hi at. bo has recovered Irom a recent ill ness ot dtphth-ena. OR r n R Ull UUILUII1U Many Contrbon Raleigh to Bid On New Staw .administration Building WILL COST NEAR $190,000 r.inhling ( oinniissioiiHasTbat Much lo Spend, Alter Huying Site, But .Most ol' llids Are Said to Be About St.",O0( Less MoHsers. Mni-je and Simpson rresent Mav lie Determined Todaj About . thirty contractors or their representatives gathered in Raleigh lodav for the purpose of submitting luds on the erection of the now state administration building authorized hv Hue last legislature. The build ing will be erected on tho site re? oenllv purchased on tho corner of I'a.vettevile and Morgan streets at a cost of $-15,000, Tiie structure is not to cost more than $190,000, and it is understood that it will be about .'$15.00(1 less than this sum. Mr. P. Thornton Marye, of At lanta, and Mr. Frank H. Simpson, (he' architects are meeting with the state building commission'. There appear to be no bitches in the way ot awarding the contract and it is expected t nut tlie successful bidder will be known late this afternoon. Ol the various contractors here several are Irom North Carolina cities. ' '.;'; I he state building commission, winch was named bv Governor Kit ( inn is composed of Mr. Ashley Home, chairman: Mr. W. E. Sprln-Her.'- sei retarv. and Messrs. J. El wood Cox. Julian S. Carr, J. A. Long W . I,. Parsons and A. a. Ras ooc. Who ladders Are, The various contracting firms re presented here today are: .1. V. .lones, Charlotte: Hapwood and Moss .Newport News. Vs.; J. H. Pierce. Norfolk, Va.: Hat.ger and Wells Philadelpbia: Jas. D. Doak and Conipanv, Philadelphia; C. W, Hannoc kand Sons Lynchburg. Va.; .1. E. and A. L. Pennock and Son, New Yorl(:--R.' If. Richardson and Son, Hampton. Va.: Richardson Construction Conipanv, Norfolk, Va-: W. A. Cheateiiiian. Rieamond, Va.: - .'J. B. Carr. Raleigh: Wise (iranite Conipanv. Wise.-N. C; Falls Cilv Construction Company, Louis ville Kv.: A. M. Walk up,-' Rich mond Va.: ,Io;in T. Wilson Com IHinv, Rictiinond. 1 Va.: King Lumber Company. Charlottesville, Va.; Am brose II. stannard New York; Webb (iranite and -Construction- Company, rhilnddiihia: R. .1, Phipps, New port News Va.: Moise Pe Lean. A t lniita, (;a.: .1. A. Apperson. Atlanta, (in : - Mark P. ' Wells Philadelphia: Coo H- Long Akron. Ohio; Mar row Brothers. New-. .York: Wayne Construction-' Company; Philadel phia. ',' , . Oldest Man in .North Carolina Pies. (Special to The Times.) Henderson. N. C, Nov. 1--Mr. .laint's .loiirnevgnn, who, it is claimed was the oldest man in this state, died Saturday at his home at Epspm in this countv. Ho was 107 years old and was a veteran of the Mexi can war and also ot the Civil war. He married at tlie age of forty years and bis oldest child is now sixty. The remains were buried Monday in a little cemetery near his home, several children, grandchildren and a number of great grandchildren sur vive him, Old age was the prin cipal cause of his death. NAVAL REVIEW 0 , THE PACIFIC COAST Los Angeles, Oct: 1 Tho roar ot naval guns announced today the re view of the Pacific, fleet, the com-' panion piece of the big display ot the Atlantic fleet at New York. Twen ty-four ships, with two submarines,' arrived off the harbor before d&Wft,' Daylight, revealed one of tho great est aggregations of warships eveV is1- sembled on the Pacific. Sea fighters stretched from the point opp6bfte San Pedro to Long1 Beach, seven miles awav. It usually takes more than swallow of liquor to make a feel like a bird. one man