VOL. XX. MO. 26.
TAH. HEEL TOPICS
Hems Gathered from Afl Sections of the Stole
Okargad With AbdncUon.
WiUon, Special.—Thursday even
ing Jeaae Brink ley, a married man
who ha* been living apart from hi*
wife for several months, sloped with
Miss Mary Vann, daughter of Mr.
Md Mrs. C. V. Vann. These two
people have caused no little trouble
in magistrates circles here. As to
the direction taken by the runaways
no one seems to know—some saying
they went through the country in a
buggy; others that they went away on
the train; still there are others who
say they left on the shoofly, Soon
after hearing of the elopment a re
porter interviewed Mr. Vann in re
gard to the matter. He said: "I
don't know what made me suspicious,
but about A o'clock Thursday night
I got it into my head that every
thing was not going on around home
right; so I began to get suspicious
of my daughter's actions; I went
through the house and looked for, in
fact, looked everywhere that it was
possible to And her. Finally I found
where she had passed out through a
panel in the fenoe. Gaining the out
side of my yard I waa told that any
daughter and Jeaaa Brinkley had just
left on a buggy. I immediately ap
plied to the proper authorities and
obtained a warrant for Brinkley,
charging elopment. Friday morning
upon the advice of my attorney. I
had it changed to read "abduction"
—as my daughter is under fourteen
years of age. Later I went to Salem
in quest of the runaways but could
get no trace of them. I shall spare
no efforts to apprehend them and
prosecute Brinkley to the limit."
Robberies in ThomaavUl*.
ThomasvUk". Special.—Thursday
night the home of Mr. L. R. Imber
was entered by a robber and a num
hef" of things were stolen. Among
them was about $35 in money. The
familv was sleeping in the room at
the time, hut no one awakened and
the robbers escaped. Rarly Sunday
morning the front window in the
store room in the Wyche Block oc
cupied by Max Wager, clothing mer
chant, was broken, and robbers en
tered the store and stole a lot of
clothes, lints and other furnishings.
Diligent search is being made to ap
prehend the rohbers. but as yet 110
one is suspected and it ia doubtful
if the perpertator* will ever be
caught.
Wilmington Merchant Assigns.
Wilmington, Special.—Capt. S. F.
Craig, retail grocer at 614 North
Fourth street, has .made an assign
ment, naming A. G. Hankins as as
signee. The liabilities schedule a
little oyer $3,000 with assets about
the same The creditors are largely
W ; .'mington wholesale grocers, J. W.
Brooks being the largest to the
amounls*of something over S9OO.
Capt. Craig himself the
lejrsl real and personal property. In
ability to collect outstanding obliga
tions is assigned by Capt. Craig as
the cause of the assignment.
Taker. Back te Madison.
Asheville, Special.—John Randall,
the Madison county man charged with
the murder of his wife who was
brought here several weeks ago for
safe keeping on account of intent
feeling against him, was taken back:
to Marshall by 'a deputy sheriff of
that county who came here for him.
It is said that feeling against the
alleged murderer has abated and
that it is believed there is no lon
ger any danger of mob violence.
Spanish-American War.
Raleigh, Special. —There was sent
to Governor Glenn about $30,000 for
the Sapinsh-Ammcan War soldiers
from North Carolina not already paid.
Of this amount only about $15,000
has been paid to claimants and there
is still on hand about $15,000 which
has not yet been claimed.
Great Month'* Collections.
Raleigh, Special.—The Stat* De
partment of Insurance by it* collec
tions for the past month has broken
all of its previous records. For Feb
ruary the collection* amounted to
$56,671.13 and this amount was turn
ed over to the State Treasury, the
books showing that this amount wm
in excess of the collections in any I
other bn€ month of the existence of
the department. The fiscal year will
end on the first of April and the col
lection for the year will be in *xceM
of $220,000.
TSIR ENTERPRISE.
WORK BEGINS SOON.
On Construction of T**ch*ra Train
in School.
Greenville, Spocial.—The trustees
lof Eastern t arolina Teachers Train
; ing School appointed by the Legisla
' ture of 1907, et here last week and
iaspocted the site selected, on wfetch
to locate the achool. Those present
were: J. Y. Joyner, Raleigh; T. J.
Jarvis, Greenville; C W. Wilson,
Scotland Neck; J. C. Packer, Tren
ton;; I. T. Turlington, Smithfleld,
and T. T. Armond, Kinston. The
board mat and organized with J. V.
Joyner .president; C. W. Wilson, sec
retary; R. J. Cobb, treasurer; T. J.
Jarvis, J. Y. Joyner and Y. T. Or
mond .executive committee. H. Buck
ingham of New York was elected
landscape designer and Hook and
Rodgers, of Charlotte, and H. W.
Simpson of New Bern, aaaociate
architects in competition. Work of
construction will begin aa soon as
plans are completed and material col
lected .
1— 1 -Md
CI amis "Unwritten Law."
Asheville, Special.—Claiming that
he had killed Pari* Snmner, and that
he waa justifiable in doing so under
the "unwritten law," James Fardy,
a well known citiaen of Limestone
township, twelve miles from Ashe
ville, arc need Deputy Sheriff Mitch
ell at the eounty jail here about mid
night and demanded admittance.
The shooting occurred twenty
live yards from Frady'a home.
Frady and Sumner, both well known
and highly respected eitiaens, are
neighbors* Frady alleges that Snm
ner waa intimate with his wife snd
finding the two together, opened fire
on Sumner. Frady shot tive time,
three of the bullets taking effect.
Then Frady beat Sumner's skill in
with the butt of his pistol, and left
his victim for dead, coming to Ashe
ville to surrender. Sumner was shot
through the lower part of the abdo
men, the right lung and right shoulder
while an operation was necessary to
remove the fractured pieces of skull.
CHARLOTTE GETS CONVENTION
The Queen City Will Entertain This
Year the Democratic State Con
vention, Her Claims Having Won
Out Over Those of Greensboro
For This Honor.
Raleigh, N. C., Special.—The Stat.
Democratic executive committee is
session here Wednesday night selest
ed the 24th of June, at Charlotte for
the meeting of the State Democratic
Convention, and by a close vote en
dorsed Bryan for the Presidency. The
resolution to endorse Bryan for Pres
ident and C. B. Aycock for Vice
President was warmly debated anil
was finally defeated.
Serions Play With Pistol.
Asheville, Special.—»An accident as
a result of playing with a pistol
occurred near Weavervillc, ten miles
from Asheville, and it is feared that
two boys, Harmie Blnek and an 8-
year old lad named Filer, will die.
Young Black, 15 years old, was at
tempting to drive a 32-calibrc cart
ridge into a pistol of 2'2-calibre bore
when the cartridge exploded. Filer
was standing eloge..by watching the
effort. The bullet entered just under
| his left eye and, going through the
head, lodged under the skin hack of
the right car. Two of Black's fin
gers were torn off and blood poison
has developed. Neither of the boy*
are expected to live.
Sales of Fertilizer.
Raleigh, Special.—The president of
the Caraleigh Phosphate Mill says
that order? are now coming in very
I well. He cannot yet tell how the
1 sales will compare with those last
I season, though there is a general fall
-1 ing off of about 25 per cent., it seems.
The Agrieoltural Department will
in a few days make up its figures as
to sales of fertilizer tax tags.
Receiver Begins Action.
Saisbury, Bpecial.—ln the United
States Circuit Court for the Western
district of North Carolina action was
begun by Hon. John S. Henderson,
receiver of the Whitney Company
against the T. A. Gillespie 'Company,
contractors, for non-performance of
work at the Narrows. The complaint
was filed and the warrant of attaeb
ent waa iasued by Judge Boyd, at
Greensboro a}Sinst all the property
of T. A. Gillespie Company in North
Carolina for the purpose of holding
the property of the defendant to sat
isfy the pain tiff's claim.
WILLIAMSON, N. C., MARCH 10,1908
BAD FIRE AT ROXBORO
Far th* Third Tint* in Two Mentha
Tha Town Mac * Narrow Bacape—
Han* in Start of Buain*** Section.
Roxboro, Special. The baainaaa
portion of Roxboro early Sunday
morning bad its third narrow eseap*
from being awept by fire within two
feaonths. The blaze originated iu a
large frame building owned by Mr.
J. M. Blaloek and used aa a bowling
alley, preasing club and luneh room,
whieh burned. The Pinoneer ware
house burned fiercely but was extin
guished with a small loss. A large
tobacco prisery and the Primitive
Baptist Aurch caught from flying
sparks but were promptly extinguish
ed. The stores ef the Morris-Webb
Drug Co., Woody, Long A Morton,
Long, Bradsher & Co., and Sergeant,
Clayton 4 Co., were in imminent
danger, being saved only by a favor
able wind and the keeping of a stream
of water on them. Mr. Blaloek's losa
is about SI,OOO with no insurance. Mr.
Walker, owner of the bowling outfit,
carried SSOO insurance. There is sus
picion of incendiary origin but there
ia no evidence or clue to support it.
WILL BE A GREAT MEETING.
Twenty-Fifth Annul Convention of
North Carolina Sunday School As
.. lociation. k
Tbia important gathering of Sun
day School workers will be held in
the Chriatian Church, Burlington,
Tuesday, Wednesday, Thursday,
April 7, A, and 9, 1908 A very at
tractive programme has been pro
pared for the occasion, containing the
name* of a number of the most act
ive Sunday achool worker* in the en
tire country All the phases of prac
tical work will be covered by address
es, papers aid practical demonstra
tion The social feature of the oc
casion will be emphasised and a good
time is in atore for all tboae who may
attend. Great good will doubtless re
sult from this meeting and the causa
will be materially enhanced.
Shoot* Hi* Foster Father.
Monroe/Special.—W. D. James, an
employe of the Monroe Cotton Mill,
was siiot in the left cheek by W. C.
Busbee, n fellow employe, iu a qiiar
rel which took place Saturday night
in James' house in the mill town.
Busbee is a young man who is said
to have been brought up by Mr.
James, and the relations betwsen
them were, of the pleasantest till n
short time ago. when James begun to
aus|>ect that Busbee was too intimato
with Mrs. James. When James en
tered his house he found Busbeo there,
snd a quarrel nt once arose between
them on the old subject. I pbraided
by James for acting as lie had, Bus
bee, who had been drinking, drew »
pistol and shot his former friend.
When the police got news of the af
fair end went to the house, they
found the wounded man lying there
and his wife had not sent for a doc
tor. Busbee ran away immediately
after the shooting, and has not been
captured. James has an ugly wound
but will probubly recover.
Man With Bullet in Spine Will Re
cover.
Fayeteville, Special.— Henry Bru
ncr, who was ahot'hy D. J, McDonald
will probably recover, the attending
physician states. Both are white men
and well known and the difficulty was
the outcome of marked attention
from Bruner to McDonald's wife-Mo-
Donald was evidently "shooting for
a funeral," as he fired five shots,
though only one took effect, lodging
in the spine. McDonald s friends of
fered SIO,OOO bail, bat it was re
fused and he is held in jail awaiting
the result of the wound.
Stat* Ncwo Item*.
Solicitor A. L. Brooks of the 9th
judicial district, has tendered his
resignation to Governor Glenn. Th
action is taken because Mr. Brooks
is an avowed candidate for Congress
from the 9th district to succeed W.
W. Kitchin, who is a candidate for
the democratic nomination for go\-
ernor. ,
Governor Glenn appoints Rev. ,J
0. Atkinson, of Klon College; Henry
A. Gilliam, of Tarboro, and R. T.
Gray of Raleigh, members of the
board of visitors of tJ*o University
of North Carolina
Burglars at Claremont.
Newton : Special.—Burglars visifed
the town of Claremont Friday night
and entered the stores of- H- D-
Yoder & Co. and 1). M. Moser & Sou,
helping themselves to shoes, hats, to
bacco and canned goods, besides a
small amount of money, about $5,
from the two stores together. Mr.
Yoder, was in town talking over the
matter with the Newton police.
BtC FINES TO SIM
Supreme Court Decides Cases
Involving Rebates
THE ELKINS LAW INTERPRETED
By a Division of Fiv* to Thre* th*
Highest Tribunal D sal ana That
the Lower Courts Were Sight In
hip ob lag Fine* on th* Chicago,
Burlington k Quincy Railroad and
th* Kansas city Packer* For
•ranting and Aooepting Rebate*.
Washington, Special.--By a divi
sion of 5 to 3 the Supreme Court
of the 1 nited States has affirmed tho
decision of tho United Stato Circuit
Court of Appeals for the eighth cir
cuit, imposing fines on the Chicago,
Burlington & Quincy liuilway Com
pan)', for granting and the packers
of Kansas City, Kan,, for accepting
rebates on shipments/if packers' pro
duct* intended for export. The de
eision was announced by Justice
Day and his announcement was con
curred in by Justices lisrlan, White,
McKonna and Holmes. The Chief
Justiee and Justices Brewer and
Peekham dissented In an opinion an
nounced by Justice Brewer, which
pungently critiaed the controlling
"pinion. Justice Moody took no part
in the disposition of the case.
Tho Pointe Involved.
In hia opinion Justice Day dis
cussed the various points of con.
trovcrsy involved in tho oases.
Taking up the first question as to
what constitutes a crime. In the
matter of granting rebates lie said:
"1 1 ad it been tho intention of Con
gress to limit the obtaining of such
preferences to fraudulent schemes
or devices, or to those operating only
tAMlshoneM, under-handed methods,
it would have l>een easy to have so
provided in words that would be un
mistakable in their meaning. A de
vice need not be necessarily fraudu
lent; the term includes anything
which i' a plain contrivance.'•
Discussing the effect of the ruling
on the usual construction of con
tracts Justice Day said:
"There is no provision for tha
filing ot conl"acts with shippers anil
no method of making them public
defined in I lie statute. ]f the rates
lire subject to secret alteration by
special agreement, then the statute
will fail of its purpose to eatabish
a rate duly published, known to all,
and from whieh neither shipper nor
carrier may depart.
"It is said that if the carrier saw
lit to change the published rate by
contract the effect will he to make
the same evnilable to nil other ship
pers. But the law is not limited to
giving equal rates by indirect and
uncertain methods. II lias provided
for tho establishment of one rote to
ho filed us provided, subject to
change as provided, and that rate to
he while in force the mily legal rate.
Any other const rue! ion of the 'statute
opens (be door to tlic possibility ,of
tho very abuses of unequal rates
which it was the design of the statute
te prohibit and punish.
"It may be as urged by petitioner,
that this construction renders im
possible the making of contracts fur
the future delivery of such merchan
dise ns the petitioner deals in, and
that the instability of the rnte intro
duces a factor of uncertainty, de
structive of contract right* hereto
fore enjoyed in such property. But
such considerations address them
selves to Congress, not to the courts.
llt is the province of the ju 'n iary
to enforce laws constitutionally
enacted, not to make them to suit
their own views of propriety or
fusticc.
"The statute being within the con
stitutional power of Congress and
being in force when the contract
was made, is read into tho contract
find becomes part of it. If tho ship
per sees fit to make a contract cover
ing a definite neriod for a rate in
force nt the tilde he must be taken
to have done so subject to the pos
sible change of tlie published rate
in the manner fixed by statute, to
which lie must conform or suffer the
penalty fixed by law."
In the course of hi. opinion, Jus
tice Day gave the following general
definition of the intent of tho Elkins'
act:
Elkns' Act Defined.
"Tho Flkins' act proceeded upon
broad lines, and was evidently in
tended to effectuate the purpose of
Congress to require that all ship
91.00 a Year in Advance
per* should be treated alike, aid
that the only rate charged to any I
shipper for the name service under
the name conditions should be the
one established, published aud
posted as required by law. It is
not so mueh the part ieular l'onu by
which, or the motive for which thin
purpose was accomplished, but tile
intention «m to prohibit any and
•U means that might be resorted to
to obtain or reeei>"a concessions and
rebate* from the Hied rates, duly
posted and published."
Railroad Employes Strike.
Denver, Colo., Special.—Monday
morning 1,500 machinists, boiler-mak
ers and members of kindred trades
working in the Denver & Rio Orande
Railway's shops went on a strike in
response to an order issued by W. J.
McQueeney, representiug the machin
ist* national organisation, after a tl
lial conference at which Manager A.
(\ Ridgewuy, of the railroad, refused
any concessions.
Jndfa 0. D. Clark Dead.
Knoxville, Tenn., Special.—Judge
C. D. Clark, who was appointed f»
the Federal bench by President Cleve
land in 1595 as judge for the
arn and middle districts of Tenness*t
Is dead at Chattanooga, aged 01. He
had been at Ashcville, N. C., for some
time for his health, and only recent
ly was removed to Chattanooga. Ha
was a native of Tennessee.
Lone Bandit Holds Up Train.
Butte, Mont., Special.—Great
Northern Railroad ofHcers were ad
vised that the Oriental limited wan
held up near Bonners Ferry, Idaho,
by a highwayman. Both mail clerks
were bound while the mail ear was
rifled. No attempt was made to
blow open the safe. No estimate is
obtainnble hs to the probable loss but
it is not believed to be. heavy. The
bandit escaped.
To Fight the Trust.
Danville, Va., Special.—ln accor
dance with plans adopted Jiere by
the Bright Tobacco Growers' Protec
tive Association of Virginia and
North Carolina the light, which was
begun several years ago sgainst (lie
American Tobueco Company, will lie
viiroronslv continued. Money was
raised and committees appointed to
a campaign for better organi
ze! ion among tlie farmers.
Wine Rhodo:i Scholarship.
Athens. Gn.. Special. 11. 1,. Jewell
Williams, of Macon, a member of The
University law clans, was awarded
the Winnies scholarship in Oxford
University, by the Rhodes
scholarship committee for Georgia,
consisting of Chancellor Barrow. Pro
fessor Bocoeli, ol the Cuivcrsity of
Georgia; Professor Murray, of Mer
cer. anil Professor Peed, of Emory.
Mr. Williams leaves this slimmer for
Oxford I'm a stay of two years.
Soldicrn in Havan Riot.
Washington, Special.—The Secre
tary of War has ordered an
investigation of the part tak
en bv the American soldiers in a
riot, early Wednesday morning, be
ginning with a disturbance created by
a dmnken private in a cafe of the
"liedlight" district nnd followed by
an unsuccessful attempt by his com
rades to rescue him from the police,
nnd a free fight in which several
shots were fired, and finally by the
arrest of forty soldiers and tlieir re
turn under guard Hi ( amp Columbia.
News In Brief.
President Roosevelt delivered a ser
mon to the delegatus to the Internat
ional Mothers' Congress, who were
received at the White House.
Jamos Clark & Co., a Baltimore
Arm of distillers, in answer tri I"®"Gov
ernment suit, attacked the legality of
the whiskey provisions of the I'ure
Food law.
The visit of King Alfonso to
lona was marked by gTeat entlrusinsin
Bi? Cotton Mill Fire.
Winston-Salem. N. C., Special.—
The picker building and the warp
tapper and machine rooms of the
Cooleemeo Cotton Mills, at Coolee
mec, Davie county, were destroyed
bv fire Friday, entailing an estimated
loss of over SIOO/100, fully covered by
insurance. Tin* lire broke, out in the
picker room about 0 o clock and it
took five 'tours t'> get it under con
trol; eight stream* of water were
"Piftgftt' W|K*tl the burning structures.
The origin of the fire is unknown.
Tne AUnnia journal say* tUe most
popular business man is always ths
man who minds his own business.
MOM COIMMH)
& C Supreme Court Takes a
Hand in Dispensary Muddte
WILL JUDGE PRITCHARD RECEDE
South Carolina Supreme Court
Down Unanimous Opinion Uphold
ing Attorney General Lyon in Dia*
penury Matter—Next MOT* Up To
Jndfe Pritchard.
Columbia, S. C., Special.—On Sat
urday, the South Carolina Supreme
Court handed down an opinion, con
curred in by the entire court, uphold
ing attorney general Lyon'« conten
tion and declaring that the action of
Judge Pritchard'* court was contrary
to the constitution of the United
States.
Monday's dispatches from Colum
bia lay:
There is no mistaking thf fact that
tbe members of tho Statu administra
tion arc feeling good over the decia
ion of the State Supremo Court ren
dered Saturday afternoon on tho
mandamus petition of Attorney Gen
eral Lyon wherein the court sided in
rigorous language with every princi
ple of law contended for by the At*
tornej General in the contest between
the State and Judge Pritchard ovci
the dispensary funds in litigation.
Attorney General Lyon and Attorney
W. Stevenson, aiw i.'iated with him,
themsclvek as much pleas
ed with and gratiiied at the decision.
It WIIS everything 'hat they eould
hope for. And Govonor Ansel haa
irivcn e. pression to 1i1..' sentiments.
Opportunity For Pritchard to Recede.
But whether there will be an extra
»mo» of the Legislative following
LLIO MUVO.I is stii >ii .lbt A".
IK.J* lloundtree and Anderson, o»
Atlanti will be here soon for consul
tation with Attornev I>l eral Lvo..
and other counsel associated witu him
.n the subject. Tho opinion setia* i"
!»« 11 at Judge I'ritcuard should b*
given an opportunity to reewfo f«Mn
hie 11 sition, in the »ay opened for
lull! to y«W in ilio decivo.. >if tli»
Si iiili Cur Una Sn > :-n.e Com. If
lie does not give way, oi if lie ma***
i.t*• .'oMile move, it is likely ait
oxfrn ses. .on will he called to onv t
such leg.s.rtion as wiil ;t'..t t.ie State's
attorneys and the uu,pmsary coini.is
mission in full charge of affairs.
Now that the receivers have quali
fied, the intimation is that the next
move on tho part of the opposition
vill be to attempt to get possession
of the funds by a call upon I lie com
mission. Members of tho administra
tion have nil along expressed perfect
confidence in being able to score a
complete victory in the l'cderal
courts when the case is finally got
before the United Ktatv* Supremo
court, but nt flic same time Govenor
Ansel, as peace-loving as lie lins al
ways shown himself to bo lias mani
fested a disposition not to allow the
funds to go into the hands of the
Federal Court.
Just Debts Will Bo Paid.
New York, Special.- —In a state
ment issued bv Eugene P.  Carver,
counsel for Charles \\ . Morse, decla
ration is made that the indicted bank
er believes he is able and with the
co-operation of his creditors.propose®
to pay all his just debts. Morso'a
counsel further states that all legal
rights and remedies will he invoked
to accomplish the settlement of obli
gations and thai all pending criminal
matters before the State and Federal
courts will be urged for a quick do
termination as to matters of law and
fact A.
Richmond as Dry as the Desert of
Sahara.
Richmond, Va., Special.—For tho
first lime in flic history of Virginia
no liquor can lie had at the various
social clubs. The liyrd hill closing
all bars on Sunday went into effect
Sunday and even at IhC oldest and
most influential clubs, no intoxicating
drinks Were served.
Tor Tho Army and tho Navy.
Washington. Special. —Navy De
partment officials appeared beforo
the congressional naval affairs com
mittee and urged flic purchase of tTBo
Jamestown Exposition grounds by tbe
government, to be used as a naval
training station. Secretary Taft and
a delegation apearcd before the con
grcßsi7sTiitl commit tee on military of
fairs and recommended the purchase
of ten thousand acres adjoining
Chicamauga National Park for man*
oeuvreing grounds for troops.