7 THE DISPATCH r n.nit In -thai fitfw' h Tirrl In.. sent anywher by Mall at 35 Centi i, : !- per monui. .. tomoderate variable winds. Willi 1 VOLUME fSEVENTEEN '7 ! ' ; a m r im3 it) an i v ' JJ m HIGHER HIT . DOST Hi : ' TtlASBS DECISIOHS RAILROAD CARS ? ". 1 v - ? ;' -TL- , -,- , . i i:-i. f-- -. . . ,: v - -; . ; y ;. 4 ; - . . Batch o! Vital OplDlons Important Riling H ai;i Dm Commission lotol Fine Against Man Who Let Bird-dog Run at Large. During Closed Season For Quail Upheld Concern Held Hf Dr. McCullers Loses His Case Ex tra Session of Legislature Might Have to Be Called Other Matters at State Capital. ; V : ; Vt i Dispatch News Bureau. V "t; Raleigh, N. C, Dec1 7, 1911 : Allison and Hardy " Baker, white, vcre committed to the' Wake county jail last evening by Colonel John Nich- ols, United states commissioner, on the charge of blockading, the men havj? ing been captured at a blockade still Tuesday by Deputies Merritt and Knight. Four men were at the plant, but two of them escaped.: The Baker boys could not raise . bonds " bit $300 each. The still had a capacity of ':0 gallons; a jug of liquor was destroyed, together with 600. gallons . of beer. - ' , The case of Dr. -Ji; J.; ii McCJullers against the board of -counl commis sioners, has ieen docketed in the Su preme Court. It is thought that the is sue between him and Tthe,county. com missioners of Wake county will be set tled at once by the "court in order that the healthTaws of the state may not be long in dispute, Judge Peebles de-. daring the county board of health an illegal body. It has been suggested, though not officially, that the governpr may be asked to call an extra session of the legislature to-pass health laws in the event the Supreme Court de clares the act of the . last legislature unconstitutional. ' Lawyers,, however, are of the opinion .that t the- county boards of health are Uegal. and 'tkex think the Supreme Court , will be slow to declare unconstitutional art act oft the geneil aSsefflb' ReciaUyjipIAae, to do so would upset the entire, state.;5 That Charley" Horiston andWill Boyd, convicted in 'Mecklenburg icoun ty of manslaughter, did . not' .actually do the killing, is the ; belief of the solicitor and an attorney who; 'prose cuted these men, and , .this fact sled GovernofKitchin today to , . pardon Boyd, and commute the. sentence- .of Houston to a. year. Both men were sentenced in . November, 1910, - to four month on the roada for manslaughter. In his reasons for his actions, the gov ernor says. . . i , "After considering this matter and the petitions, upon the strong recom mendation of the solicitor and attorney who aided him, who after thorough in vestigation, think that -a, third person did the killing, and that , Will , Boyd should be promptly pardoned, J pardon him on condition that he remain of good behav'or and law abiding.; Upon same petition and recommendations, I commute .Charles Houston's term to twelve months on condition 4 that? he thereafter remain of ; good, behavior. The attorney aiding the solicitor -greatly fears that these men ...were ,: error neously convicted. Many of the jurors in asking for clemency for. them say tnere is considerable, doubt as to whether they participated in the fight which resulted in the homicide." The Supreme Court fourid no error in the trial of A. S. Blake, of Hender son county, who was fined by the Su perior Court for permitting a birddog to run at large during the closed sea son for quail in that county. The court also held that there was no error in the trial of the case of Vangy Carrick, a cotton mill operative .of Jjexington, against the Southern Power, Company, and damages in the sum of $1,200 were affirmed. Carrick was injured by fall ing into a hole which was dug by, a contractor for' this corporation, but the Supreme Court held that the com pany was responsible for any vnegli gence. Joseph May et at.," of Guilford county win their fight against the Wesf tern Union, they having got la verdict tor trespass. . - ' ' Other opinions follow: 1'ie John Church Ccfc vs.; Dawson irorn Beaufort, 'affirmed. : Aberdeen and Ashboro Railroad Co. vs. S. A. L. Itail way , from Moore, new , trial ; May vs, Aelephone Co.. from Guilford, no error; Earnhardt vs. Southern; Railway Co., from Rowan, no error; Garrick vs. southern Power Co., from Davidson, no error; Ex Parte Watson."" from reckienburg, affirmed; Culver v!. Jen DiRs, from Watauga; affirmed; South west National Bank vs. Justice,; from Mitchell, affirmed; Caldwell Land and uiiiher Co. vs. Hayes from Caldwell modified and affirmed; costs against each party; Bowman vs. Blankenship "ui vaiawoa, no error: . Stout vs . (Continued on Third , Pag.) Hold That One Line Can't Confiscate the Care of Another, But . M ust Re turn Them The Dechtlon; Would Give the I nterstate Commerce Com mission Larger Jurjidlctlon ' p Washington, DecrT. the Interstate Commerce Commission :; holds "that temporary, confiscation by carriers of cars oi other railroads and placing of embargoes against cars "being sent off the" lines ; pf-owner are aleik unlawful and ; th ; railroads " . are expected to nake such rdles i tor tifie return of cara as jwlll terminate such, abuses." : tinder , this decision-" all car inter change rules . of the . American Rail way" Associations' become subject ta the Commission's -regulations, afford ing it absolute jurisdiction over trans portation as well as over charges of all freight- ' The case -which called forth the j decision, was one in which the Missouri and Illmoi8',Coal Company complained of an iembarg established last winter by. the Illinois Central Railroad V against Vdvement ' of coal ftrbm ; mines on its lines in nii nois to point), in Missouri, on the ground that If it' aijo)v 'its cars to gOj to' the lines. Jn, Missouri, the cars would be. confiscated and the Illinois Central would V not; liave sufficient equipment- to ' conduct its local busi ness. . V:;-':;tr-,i ' :-'.:;;,';'-,;" i i SIDETRACKED TODAY Washington, Dec? 7-The Payne was brought up before the House Ways and Means -Committee today by the 1 Republican ; members. 5The com mittee .indefinitely postponed action through the unanimous vote of the Democrats. This probably shuts off consideration of the .measure at this session. . . ' ': ..." , V ; HAS HIS BACK Special to The . Dispatch. ' Raleigh, N. C, Dec. 7 Behind closed doors the Board of Agriculture discussed today, it is said, the re marks of Commissioner Graham yes terday with reference to alleged usur pation by the Board and State Chem ist. Nothing could be learned" definite ly, but It is likely the board will have something ta say., tomorrow Commis sioner Graham stands" pat Un the-' stand taken yesterday ; ' and will Vnnck- the Boards he thinks, his rights are be ing - infringed upon.; , it PERSIA SEEKS. AID OF U. S CONGRESS Washington, Deo , 7. An appeal from the .Persian people to Congress for aid and sympathy in their contro versy with Russia threatening their independence; was read in the House of Representatives. It asked aid con sistent -with Persia's dignity and in dependence. " '. -" BOY TRIED TO . . ' I BE TRAIM WRECKER 'Trnioriville'Conn.; Dec. 7. Jonn 'Schiniski, aged 11 'year's admitted to the - authorities today that" he placed the " obstruction on' the New York, New". Haven 'and Hartford Railroad tracks here Thanksgiving Day, in. an ttemnt to wreck the train.- me en eineer of the first train oyer tne me saw the obstruction' in time to stop his train. , The boy said he saw a rain wrecking scehe at a moving pic ture show and wanted; to see" the real thing. The court has. taken the case under advisement.;, , ... World's Baseball Series -.,At the Grand Today Presented Un der Perfect Conditions, It- TARIFF; BOARD BILL -District -is ready to devote hfs energies to an men interestedin gaining freedem for to learn where tbis money camW from. ELEI its '."V yiot FighiThere Today for Governor, v . With the. Question Revolving Around i Old Boze Three Candidates 1 the Race to 8ucced Hoke Smith. ' - . f Atlanta, Ga4 ec. 7t---The Demo cratic voters of Georgia' are ; voting in a primary today' to chpose a candidate I GEoecmiEcni for. Governor .to; -succeed Hokfi.SmithrTaft, ten months,. in TJail for Raymond recenuy eiec,iea, to cne unitea states BririnrcWeriGoverndf whp was de feated , by Hoke .Smith for re-election; Judge Richard B. Rusell,. of the Geor gia Court of Appeals, and Pope Brqwn, former SUte 'treasurer.' ;. The contest revolves around . the v liquor- question. Jos.! M. Brown wishes to .submit all proposed liquor t legislation to the vot ers ; ' Russell , stands , for. local option, and Pope Brown for. State-wide prohi bition. . ' III THE KNIGHT CASE Huntsville, Ala., Dec. 7. The ex amination of talesmen from whom a jury . will be . chosen to try John ,-W. Knight,, accused of using the mails to defraud, 'began in the , United States District Court today. Knight was for mally "placed ;on : trial yesterday. Charges against him t are that he,: as hiead J of ' thp cotton firm of Knight, Yancey .& Co., of. Decatur, forged. bills of lading on the strength of which he collected . millions of dollars . from drafts representing the value of the alleged shipments, of A cotton, from Southern points." ' -: ' ' x ' HARMON 4N ATLANTA On 'His Way to ' Waterways congress ;; , .Now In Session. Atlanta Dec. 7. Governor Judson Harmon, of Ohio, was a breakfast guest of - the '. Atlanta Bar- Association today. : He "left , at 11 o'clock for Washington, to attend the National Rivers and Harbors Congress. Ha spoke -yesterday .at the Southern Corn Show, -j'', ' i GARY AGAIN BEFORE PROBE COflllTTEE Washington, Dec. .7. E. H, Gary, of the United States Steel . Corporation, J testified! before the Senator Inter-state Commerce Committee, t today that, he always believed it:was entirely fegal for competitors.' to come together, mu tually -! dlsclosetheir . business- condi tions to steadyjand balance trade,;wlth out' making ahd . agreement 'on prices. ' An $80,000 Blaze. . Boonton, N,; J.; Dec. 7.4-Nine stores, and, two hotels in the business district were " destroyed .by fire" today with a loss' of eighty thousand; dollars. , . The blaze- originated in a laundry." . .' ;; , Subscrihe tor me Evening Dispatch 35c the tnontuv - - hp GETTIIIG THE JORlf CTVVv' PTRiaT: ATTOHMEY' rEDEfllcK S - '. '7, viTi Attorney the tri injresUgationof the;bh the-McNamaras.yifehite r-&y'Ht''li III IQ P . x i l -- .1-. EndJ of a; iWHdwapIdo npVVbic 'if; vj.h-' ; Three Young Men Stole an Automo bile and .Went From: Connecticut to . Virginia une Kiueovtn Accident and Other. Two Go" to Prison, , Hartford, Conn., Cfec. v7-r-Three to five years in priso :- tor Robert. R Manson and 'sir a lonely coun- Buchanan, Virgin!. te the '.terminathjnr of an. escapade of three . Springfield, Massi;;v- youths, which began- September 20th' with the theft of a' $4,000 automobile, ' belong ing to Oeorge L. BidwelL of this city. The; boys drove the machine to Vir ginia and ;jwhen . near: Buchanan met with an accident, in wnieh the car was. overturned and Clark killed. He was tmried in a small cemetery near the scene. The other two were sub sequently arrested and "tried. Yes terday sentences were imposed. Taft is 19 years ar.d Manson 17 MYSTERIOUS DEATH. Coroner to Investigate Sudden Death of Young Woman. New York, .Dec. 7. An autopsy has been ordered . oh.; the body of Mrs. Nellie Burrele, . president of . a clip ping bureau, who died yesterday. An anonymous :' telephone message has lead the coroner- to believe the . wo man did not' die from. a natural causa. TWO filEKOARRESTED: ft f, U'f ' Decaturville, Tenn., Dec. . 7. After leaving; the witness stand during .Jthe coroner's inquest into the murder, of three negroes, two white witnesses were arrested. They are George Shel- i no ion and jonn Kaiiey. warrants cnarg-jtory September1st last $5,419995,011 ing a triple mUrder were sworn to byjTWs hIgh cord, however, w"as an In a Musiuiui ui yum8. .1ue mui ders occurred .several-days ago..,; As Benjamin Pettigrew, a negro, and his two '.children were. on - their . way to market w(ith cotton they were held up and killed. Robbery, it issaid, was the motive. It - was Delieved Petti grew'was taking money to a bank. . STATE WORRYING DEFENSE IHr TRIAL OF OR HYDE .i Kansas City,"" Dec. 7. Successful at tempts of the - State to introduce testi-. mony riot directly connected with the deatn of Coloner Thomas H; Swope, for whosevalleged murder Dr.B. Clark Hyde is now on trial for a second time, is - causing the d ' ense . considerable worry. Miss Elizabeth Gordon, a nurse, resumed her story ;today" about- how Hyde injected what the State asserts was - pus tinto, the arm of Margaret Swops under the guis,of camphorated oil,' The defense objected strenuously to this' testimony 1 alof tb McJiamaras.has been finished,. will ai4 the state in jut effort, X:Hf'h'-- .js.-:-': ' Declares Comptroller of : Currency in H is -bAnnual-,3" Report-"- Submitted to - .Congress Today Steady.Growth Re- .''COfed';''''v;:;i:;' r - ' ' " ' -r '- - V Washington, Dec.; - 7.The ? general business- of the country as -reflected in banking operations was "quite satis factory" during 4;he year ending Octo- Comptroller of ! theCUfrencyr submit ted; tbf - Congress vtodav'; Mi :;Murtay records a steady grpwth in the Volume of ' business and !the ; establishment of some high records on this connection He points out, however, that while augmenting some of the important ele ments of banking during the 'year -busi ness did not reach the- average ' of in crease for the past ten years. ' ' The Comptroller makes the startling declaration that "the dishonest pfac tice by officers of National Banks of receiving personal -compensation' for loans : made by5 the bank is a growing evil and nas already, reached such pro portions as to call for criminal; legis lation on the subject." ' "In this manner," he adds, "either the bank is defrauded , of lawful inter est which it would otherwise feceive or usurious - interest is exacted of borrower by-a corrupt officer. A secret reward to the officers isvsometimes a deliberate bribe for obtaining a ? loan 6n- insufficient security v Mr .Murray urges that the taking of m6ney or-otner valuables m this: con nection by a bank officer be made' an ofljepse punishable by'imprisonment in the (penitentiary.' . ' , , The 'aggregate amount of assets of the National ' banks increased during year approximately $553,258,000 or 5.63 per Cent. Loans arid discounts, the big gest item in. a' bank's resources,', in creased .only 39 per cent, in-the face' of ari average ten year increaseof 6.52 per cent. Individual depOsiftrepr- esenting 53 per cent, of a band's liabil ities, reached the -highest point' in fiis , crease of only .69 per cent.-'bter the previ6Us year, as compared with a ten year average of .7.49. . "" rf . Tne banking power of the nation in cluding the operations of every bank national,' state, arid private Is ! estimat ed by the comptroller at $21,334,456,-1 790 anincrease . during the year' of $285,2127407, or 'over 13 per cent. The total banking capital is! estimated at $2,032,411,085, and the total individual deposits at $16,514,730 351? . : . . The net" earnings of the (National banks during the fiscal year 'ended June 30 ,-. last Were $156,985,513 from which dividends were paid - to", -the amount of $114,685,412 or 11.38 -per cent, on the capital and 6.83 on the combined a capital and surplus. . Ohly three Natlbnal banks - were placed in the hands of receivers dur ing the year ended October 31st; -; .The United States holds the greatest stock of gold and silver in the world, according to statistics submitted f by Mr. Murray for the calendar year 1910. The total aggregate of-goldjn posses sion of the principal countries was $6, 604il0p,000of which, the United States held $i,7lO,0y0O00,J6r 26 per-cent, of 60SINESS All RIGHT liiiiiEsiiwpiiiiti; iiiiilliii Ililiiiiliiiil ' : : -. : i - ! --. v. , - -y"ysi't rj:??ry a-'z-'H-? Resolutions Bearing pri, Both Vital Mat- ters, aM's Directed y to Congress, Maopxea ai l nu raominffrowsoit or A the State . Baptist Convention Big EiHlowment Movement Started For "p Meredith College. .; - ! 4.' ' 1 ""S: - '- ' - ' " Special IwThe-zDlspatiT-'----:? I? Wmston-Salemr N. . C., Dec. 7. At yesterday . afternoon's session l of the Baptist State - convention fTDr. C, S. -Gardner ; made ", a v strong ; appeal -for North Carolian students .at the Semir aary and to raise the ; indebtedness, The convention voted - instruction i to the Educational Secretary to , makeva canvass of the State and' pay. off the indebtedness. 1, The report of.the;Min- Isters Relief Board was read. by Rev. J, M: Arnette, of.Durham.. vv--. A brilliant fisrht, for the "Old Sol diers of , the Cross" was .made by Dr. C. E. Brewer, . of iWakeForest.-iRfty. Frank M. Jordan, one ' of tie, btclest ministers in the ; convention, " spoke briefly, telling of the : hardship of the establishment of the Baptist Church at Winston-Salem and gave 5 the ..his tory, beginning with one memberto the present enormous membership, Last, night's session was taken up with consideration of Meredith Col- lege .,.The report - of the : Board- of Trustees was read by W. N. Jones, of! Raleigh, .anda strong rplea for the college was made, by Archibald John son, .editor of. Charity and". Children, Thomasville. A colletstien; of ; ?10,932 was; taken onanif eiwmratlmoveil ment This J morning's, session; began; with. devotional exercises rby fW. A. Adams, Winteryiiie, jtiey nasifc Madftry readi the pprt-of e financial- plan'. was plea by Rev. Oscar L. Power's' for the orpnanage wasv-one oi - me . mostr pa; thetlc and brilliant ever? heard by a Baptist State ' conyentioii, bringing tears to nearly every eye V in the houe. ' ';" , ;"V ' v "'V.. , Rev. " Walter N. Johnson read ' tb e report on State Missions and V spoke on it very strongly. . The coriv'ehtion adopted resolutions asking Senators and Congressmen ;toS aid in the construction of suQh laws as will relieve the sending of:.whiskey into dry territories; : also., that the heartiest approval be given and ex press hope that the. peace;-treaties pending between the United "States, England and France be . confirmed by our Senate. '. . 1 ' ' -l ' . ".A" very affecting' scene occurred when the State Missionaries came for ward and presented a watch to Rev Livingston Johnson, . secretary- of ; the Board of Missions.. s LEFT; DEAD III ROAD RY AUTO DRIVER ' Utica, N. Y., Dec. 7. When the body of: Daniel Donovan was 'picked up last night , in the road herfc, the blade of an automobide air fan drop ped- from beneath , his - coat. After visiting the garages, of several nearby villages ' Sheriff Becker arrested George H. Sherman, in Herkimer The blade fitted into - a broken fan on Sherman's machine.- The prisoner re fuses to talk. . The Wise Buyer Looks Before He or She - Leaps. - ' - - r-..- ' . . . So Before Leaping with Your Christmas Spending Read all Dispatch Ails the total. The .total supply of silver was $2,599,500,000, this country's share being $729,500,000 or 28 per cent. " Mr. Murray recommends; that Federal- or State corporations holding stock in National banks be made liable to - assessment as shareholders. He also asks Congress to extend to ten years the statute of limitations for the prosecution of offenses under the''' Na tional Banking laws. " Subscribe to The Evening Dispatcn, Jame,B. Informs, Sheriff He WHIJiot Jury-Detective Burns -:De Nots Look . for Any Further Confession From Them Strikers - In Illinois, Denounce Violence in - a : Labor Con-i troversy--;";v - ' ; .; Los Ankeles. CaL.-. Dec". 7.-iPhe Me- Namara broQiers, whe?coriiplicity in the alleged dynantftlrig .conspiracies became a.mattett'friri?estigaUon,' af- tef .theirlcbnjfessibns ,bf guilt aritheto ; alrid&isus4j pf i mai4i:proriwieib?e ! ) . !;'r ' f f ;' warf are-was ihyolved. iFedeTal ;grandl.;1 . :''' i-V ;, .' m h jury ;metith; thexpjecta tif ? c : ctnfttd b;ririgwiri;ihe Jpv j M law,' those persons; who may" itavebeeir ! involved inprombting their purposes1! ? i, in defense . of' organized laboi , .What': the rMcNamaras;:wbuld-?tellthe grand jury; remained a .' mystery.' it was ' be-1 lieved the. McNariiar as "? would tell;! enough .to warrant a juhy -investigating ; ' i the methods of other. men. ! ; ' i ' . : -..JohnV J. McNamaray- th- .-confessed; ;; " dynamiter, toldV Jailor Gallagher, that' urideriribcinistancis he) j give the Federal Grand Jury, any in- ' ' ; formation. ? Followifig that announce-1 - - ment under snenn! Bain sought jscar , Lawler,! the; speTal; Goyernmeri,i iul -; hystigatorj; t0 ; tejl him of the prison- ; . 'V'. -,- '.. .: 1'- ' ,V ;i v t t rT -a '-1 that James B. .McNamara alsct wpuld V - re;useto.give testimony, tp. he, Fed-' - -. Pic; '! ' purns onaumng in new - Tyrjt, v .MelamiraS,varrived today -to consult: with Waited Drew, ; fc'outisel -'for the Rational Erectors'Assdciltiotf, which 5 retained iiim; to investigate more than oriel hundred ; dynamite outrages . tfirdughoutthecountry.; ;!j;? " '"i have come," said Burns, "to look into; "certain ; dynamjWrigjlijere ;for wWcli the McNamaraBtttd that gang are ' responsible. Every dynamiting . which occurred . since 1905 may be traced directly or ; indirectly to the JUcNamaras and the men . behind them." . . Disavowing any 'enmity - towards or ganized labor and declaring that "such conservative leaders as Jdhn Mitchell and others haVe stobdi bf bihd' me and my,.jWork," Burns said UriipnisTnl is to prevail .it';tdtiisl.e).buti-: boots '. and breeches, the corrupt : and' dis- honest leaders i and'' corrupt machine whiqh are' drawing it' down today.'' . Burns said the fcNamara case has " been ' the , greatest- ilpw ; to Socialism in the history ;ofthls' eontry! He said he did ' nt --expect any l further - confession from 1' the' McNariiaras7 ' ?And the Iron Woriers are not1 the only Unidn- guilty of !da'miting, Tte said. "There are other, but to say who ; would be obviously JunwiBe." ' -' Strikers Condemn McNamaras. Chicago, ".Dec. 7. Thirty-eight . hun dred striking shopnien of the, Illinois Central -- lines condemned - s the Mc Namara brothers 5 today and declared death should have been1, the penalty, allotted them. The" action was taken at- a mass meeting of '( the ' Burnside Shop . . Federation Violence or any, kind in" a labor controversy was heldj ; injurious to union labor. - t . CARD OF THANKS. n , To the; many, .friends fWho r lightened ... our ' burden of V sorrow i b consoling r words , and loving assistance in the d?lrk hbyr of ,the sickness and death.,, of our little child, we render heart- felt expressions. of thanks! i MR. AND MRS. J. R. CASTEEN. t CAIilPS SELECTS AH ALL Ar.1ERi0A!l TEAM New Haven, Conn., Dei,. 7. Walter Camp's choice for an all-American foot- ball team is as follows: .Ends, White; of Princeton, and Bomeisler, of Yale; , tackles," Hart, of Princeton,, and De- f voreof ;West 1 Point; guards', Fisher, t of Harvard, and Duff',' of Princeton; T center, Ketchum, of- Yale; quarter-;v i back,' Howe, of Yale; half-backs, Wew-' t dell, of Harvard,- aid Thorpe of Car r lisle; full-back," Dalton of Annapolis. ;y: : 9 n i If; 1:0-:: . - ? I: ! .' , II 4 ' I. ' t ft J'. ;;s tit if - a;